USA > Iowa > Polk County > Des Moines > Des Moines, the pioneer of municipal progress and reform of the middle West, together with the history of Polk County, Iowa, the largest, most populous and most prosperous county in the state of Iowa; Volume I > Part 89
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Orender John
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Osler Henry
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Pile Alfred
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Scott John B.
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Parmelee John D
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Kirkpatrick S. N
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Phillips James
7 Lamb Newton
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Phillips James, Jun
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Bryant Benj.
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Reves Lenoir
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Mooyer John
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Reves George
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James J. C. .
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Reeves Camron
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Hampton Jones-
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Reves Preston
I Brooks T. K.
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Rime Joshua
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Beck Wm. K
Reynolds Mathias
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Richey Wm.
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Reynolds George
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Tuttle J. G.
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Rixby Uriah
3 Napier H.
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Taylor Benjamine
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Sallers E.
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Smith James
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Stewart Alex.
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Simmons Daniel
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Myers Joseph
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Sutton John
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Ballard Simeon
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Stark Sanford
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Ballard Mormon
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Stark Jonathan J.
5 Ballard Daniel W
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Sample John
4 Ballard Isaac
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Spurlock Matthew
5 Frederick Benjamine F
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Spurlock George W
3 McCall Montgomery
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Spurlock Harvey
4 Grinstead Jesse B.
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Spear David
4 Stewart James N.
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Stumbo William
I Stewart William
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Stumbo David
2 Porter William
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Smith Anthony
2 Vice Isaac D.
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Shelton Edward
I Canfield Elijah
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Mount James
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Ward George
Walker Thomas
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Niday John R
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Wicklen Thomas
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Rime James
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Cooney Arch.
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Reynolds William H.
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Danier Michael
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Thornsberry Lemuel
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Woodward P. C
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Perkins S. D.
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Stark Aaron E
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Woody James
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Beard John
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MRS. ISAAC COOPER
Mother of Mrs. F. M. Hubbell
MRS. EUNICE JEWETT THRIFT Widow of John M. Thrift
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CITY OF DES MOINES AND POLK COUNTY
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Martin Edward
3 Bradly James
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Langdon Joseph
8 Thornton James
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Wiley Holady
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Koons Nathan I
Wicker Tally
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Keeler Eli
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Belot Peter
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Deford Samuel
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Belot Simon
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Deford Isaac
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Phillips James
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Daily George
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McCurdy Andrew
6 Thrift J. M.
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Minter [Winter ?] Jacob
6 Rathburn Abner
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Miller William
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Hoxie B. T
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Miller James
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Mckay W.
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Kelly Patrick
7 Meacham W. H
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Brown James
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Clapp W. W.
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Myers John
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Tucker Martin
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Clarkson Wallace
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Wear Maddison M
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Tibbles Thornton F
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McMullen Thomas
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Ridgeway John
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Vannatti Samuel
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Strop John
7 Fleming Asa
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Ray Abner
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Warden George
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Prunty Elias
6 Roberson Samuel
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Black Thomas
7 Roberson Hamilton
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Montgomery James M
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Brown Nelson
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McCulloch Alexander
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Sower Wm.
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Stewart Wm.
7 McRoberds James
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Stewart Thomas D.
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Gilbreath John
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Jiwens [?] Ezekial
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Lulser Garrison
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Jones Joseph
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Henderson Thomas J.
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Tullenger· Darmel
5 Newcomer Peter
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McCune Daniel
3 Turner Alexander
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Birdge Henry
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Miller Wm. W
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Cooper Stephen 7
Smithson Eli
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Sively S. H. IO
Perkins Brook
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Slyter Allen W
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Hinton James M
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Hewet Hannah
3 Hayworth Shabel
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Hewet Dore
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Hayworth George
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Phillips Lewis
2 Galaway William
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Beebe George
3 Sharp John
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McHenry Layfayette
I Miller Isaac
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Burt Calvin
2 Furrow R. J. W
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Campbell A. W
2 Black James
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Bowman Alfred
5 Stump Hervey
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Bowman
6 Stump James
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Noris David
5 Staggs Noah
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Paully
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. Guarner Henry
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Evans
I Staggs Jonathan
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Saylor John
9 Hardisty Henderson
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Hayes Samuel ...
5 Wright John
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Freel John
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Jewet David
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Renfro Creath IO
Wear William
Renfro Wm.
5 Newton Phineas
Dearkin John D
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Evens William
Mitchell Thomas
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Wilday John
Michael Lavish
4 Leslee George
Wear Perry
3 Kirk Thomas
Marts David C
2 Corbell J. C.
Everly Henry
4 Miller Samuel
Daniels Aaron
2 Busick Wm.
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CITY OF DES MOINES AND POLK COUNTY
Turner Horace
I Ross John
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Wright Levi
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Church Jerry
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McCubbins Wm. P.
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Whitten Lewis
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Juvenall John
3 McCall Addison
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Reynolds John
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Laylor John
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Thomas James
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Clark G. B
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Post Benton
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Jordan John S.
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Kurtse Joseph
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Roop John
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Jesse B. F.
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J. A. Nash
Isaac Cooper
J. C. Jordan
Barlow Granger
P. M. Casady
Thomas Mitchell
William H. Merritt
Isaac Brandt
GROUP OF REPRESENTATIVE POLK COUNTY MEN PHOTOS TAKEN IN THE '70s
CHAPTER VII.
THE FIRST GENERAL ELECTION HELD IN POLK COUNTY.
Polk county officially antedated the State of Iowa a few months, long enough to include one territorial election. This was held October 26, 1846. The Archives of Iowa hold the original certificate of this election, bringing out not only the slender vote of the county in '46, but also the first division of the county on party lines; and, too, the well-nigh forgotten first division of the new county into elec- tion precincts.
The election was for territorial governor, etc., for delegate in Congress and for a senator and representatives, the legislative district including Polk, Jasper and Marion counties. Ansel Briggs, democrat, ran against Thomas McKnight, whig-defeating his opponent by 247 majority in the territory. Briggs' majority in Polk was only 4-the vote being 78 to 74. This vote by precincts was as follows :
Briggs-Desmoines, 55: Three Rivers, 21; Clay, 2.
McKnight-Desmoines, 54: Three Rivers, 5; Clay, 15.
Democrat and Dallas townships were thrown out because of irregularities not specified.
The vote of Polk for delegates (or "representatives") in Congress was :
Stephen Leffler, dem., ---- "Desmoines," 56; Three Rivers, 21 ; Clay, I-total, 78.
S. C. Hastings, dem., ---- Desmoines, 52; Three Rivers, 19; Clay, I-total, 72.
Joseph H. Hedrick, whig-Desmoines, 57; Three Rivers, 7; Clay, 15-total, 79.
George C. R. Mitchell, whig-Desmoines, 53; Three Rivers, 4; Clay, 15 -- total, 72.
For senator, Thomas Baker, democrat, was pitted against T. K. Brooks, whig. Baker was elected, but Brooks, a local candidate, carried the county. For rep- resentatives, John N. Kinsman and Simeon Reynolds, democrats, ran against Stanford Doud and C. H. Hamlin, whigs. The Polk county vote for senator and representatives by precincts (with Democrat and Dallas townships thrown out), was as follows :
Desmoines-Baker, 51; Brooks, 56; Kinsman, 55; Reynolds, 54; Doud, 54; Hamlin, 53.
Spurlock (Three Rivers)-Baker, 15; Brooks, II; Kinsman, 21; Reynolds, 20 ; Doud, o; Hamlin, 6.
Clay -- Baker, o; Brooks, 14; Kinsman, o; Reynolds, o; Doud, 14; Hamlin, 14.
Total -- Baker, 66; Brooks 81 ; Kinsman, 76; Reynolds, 74; Doud, 68; Hamlin, 73.
It will thus be seen that the county of Polk, which later became strongly republican in politics, was in 1846 very evenly divided as between the two great parties.
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CHAPTER VIII.
A STUDY IN LOCAL SELF-GOVERNMENT-THE PART TAKEN BY POLK COUNTY PIONEERS IN A SOCIALISTIC MOVEMENT IN DEFENSE OF
THEIR HOMES.
In 1807 an act passed Congress prohibiting any and all persons from occupy- ing lands ceded to the United States. Later, Congress, in a measure, neutralized this law by granting special preemption privileges to settlers who had made im- provements upon public lands. In 1833, the original law was revived "with special application to that part of Iowa known as 'the Sac and Fox Cession of 1832'. Instructions for the survey of these lands were issued in 1836; and by November Ist, 1837, the whole district had been surveyed as to exterior township lines. . But not until 1838 were any of the lands proclaimed for sale.
"Having gone upon the Public Domain in violation of an act of Congress, they [ the settlers] occupied and cultivated lands to which they held no legal titles from the General Government.
"The establishment of the territorial government of Wisconsin in 1836, and the erection of the Territory of Iowa in 1838 gave the early settlers, for the first time, something more than fictitious constitutional status." 1
Commenting on this situation Dr. Shambaugh says,2 "the history of 'early land claims' goes back of all government records and is to be found in the history of the claim associations alone.
"The earliest claims to land west of the Mississippi River were made by pioneer farmers (or squatters) in direct violation of an act of Congress pro- hibiting settlers from trespassing on the Public Domain. These early land-holders, without titles or patents from the United States, had no legal rights to the soil they occupied and, therefore, could expect no protection from the General Gov- ernment. In consequence there grew up a system of popular government peculiar to the pioneer communities of the West. It was a novel system based upon the organization known as 'Claim Association' or 'Land Club.'
"Each community or township had its own distinct land association, the prin- cipal object of which was the protection of the bona fide settlers in what they pleased to call their rights in making and holding claims-protection against 'speculators,' 'land sharks,' and greedy settlers. Disputes between members of an association were arbitrated by the 'Claim Court' or 'Claim Committee.' From the decisions of this court or committee there was no appeal. Intentional failure to abide by the laws of the association was punished by boycott, ostracism, public condemnation, tar-and-feathers and the lash.
"The maximum amount of land allowed to any one settler varied in the dif- ferent communities from one hundred and sixty to four hundred and eighty acres. Boundaries of claims were designated by section and township lines, if the public surveys had been completed, otherwise by blazed trees, streams, hills, stumps, stakes, and rocks. These claims the settlers continued to cultivate and improve until the land was offered for sale by the government.
1 Introduction to "Constitution and Records of the Claim Association of Johnson County, Iowa," pp. 11-12. State Historical Society of Iowa, 1894. 2 Iowa City-A Contribution to the Early History of Iowa.
State Historical Society of Iowa, 1893, pp. 7-9.
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CITY OF DES MOINES AND POLK COUNTY 66
"As the time announced for the public sale approached, all claims were care- fully recorded and marked off on the township map. A 'bidder' for the whole community was then appointed by the association. At the sale he held the marked township map, and as fast as the claims of the members of his association were called by the auctioneer, he would bid the minimum price of one dollar and twenty-five cents per acre. And at this price the land was invariably bought; for no one dared bid against an original claimant. Let an outsider be so bold as to put in a counter bid, in an instant he would be 'knocked down' and compelled to withdraw his offer, or risk his life at the hands of the members of a claim as- sociation, who were all there ready to 'do their duty.' At home as at the public sale, the members were always fully protected in their rights. And this, let it be understood, was no second rate protection. For the law of the association was the supreme rule of the community against which no man dared raise his hand."
Does this "combination," or "boycott," ... call it what you will-seem to Twentieth Century readers criminally communistic, or socialistic? Having viewed this interesting development of local self-government from the historian's side, let us now examine it from the ethical standpoint, as a social movement full of suggestion to the student of institutional beginnings. Dr. Jesse Macy, in his valuable contribution to the Johns Hopkins University Studies in Historical and Political Science, entitled "Institutional Beginnings of a Western State," quotes Senator Calhoun as saying that if he was rightly informed "the Iowa country had already been seized on by a lawless body of armed men, who had parcelled out the whole region, and had entered into written stipulations to stand by and pro- tect each other," etc.3
Professor Macy develops the fact that so strong were these organizations that there was little or no conflict down to the supreme moment-the land sale. "This is one of the many cases in our history," he says, "where 'the broad and beaten path of custom leading directly across it (the statute) had obliterated every apparent vestige of its existence.'
Reviewing Judge Mason's celebrated decision in the Iowa case of Hill vs. Smith,5 Professor Macy says : "His decision may be flimsy law, but it is first-class history. It almost takes away the breath of a lawyer to declare that a custom of thirty years' standing can repeal a statute, yet it is a simple fact that the first homestead laws of Iowa were made by little bands of men in the different local- ities, who had gone upon lands in violation of a United States statute. The laws, executions and decisions of the Claim Association, the original home- stead laws of Iowa, came to be recognized as law by all the powers that be.".
Referring to laws relating to schools, roads, bridges, ferries, timber claims, homestead rights, etc., this student of political science finds that "the real local institutions of the early settlers of Iowa are not recorded in any statute-books, and many of the institutions recorded in statute-books never had any existence." 6
More radical even than the judgment of this distinguished sociologist, is that of the jurist. Says Justice Mason in the case cited : 7
"It is notorious that when this territory was organized not one foot of its soil had ever been sold by the United States, and but a small portion of it (the half-breed tract) was individual property. Were we a community of trespassers, or were we to be regarded rather as occupying and improving the lands of the gov- ernment by the invitation and for the benefit of the owner? Were we organized as a colony of malefactors, or shall we not rather absolve the federal govern- ment from the charge of such stupendous folly and wanton wickedness?
For doing these acts which have redounded so much to the na-
8 In the U. S. Senate, January 27, 1838, in a speech in opposition to a bill granting pre- emption rights to actual settlers. Macy-Institutional Beginnings in a Western State, note, bottom p. II.
4 A quotation from Justice Mason's decision. Macy's Institutional Beginnings, etc., p. 15.
5 Morris' Reports, p. 70. Macy-Institutional Beginnings, etc., p. 21.
6 Macy --- Institutional Beginnings, etc., p. 25.
1 Morris' Reports, p. 70. Macy-Institutional Beginnings, etc., pp. 18-19.
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CITY OF DES MOINES AND POLK COUNTY
tional advantage, done, too, in accordance with the almost express invitation of the national legislature, and when encouragements to western immigration had become a part of our settled national policy, these individuals, where they had every reason to expect rewards-nay, while on the one hand they are actually receiving such rewards, feel themselves on the other condemned to severe and even ignominious punishment."
Referring to the hanging of those "supple instruments of the tyranny of Henry VII," 8 Judges Empson and Dudley, for executing too rigidly certain obsolete and forgotten laws, Justice Mason continues : "Fortified by this authority we pronounce it contrary to the spirit of that Anglo-Saxon liberty, which we in- herit, to revive without notice, an obsolete statute."
Speaking of the land grant in aid of the Des Moines River Improvement, Governor Clarke, in his second message,9 thus emphasizes the historical fact developed and the ethical position taken by the authorities above quoted: "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 ex- tensive and valuable improvements. 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."
The Governor, therefore, recommended a special preemption law which would give the claimants the privilege of entering the lands on which they had settled, at the regulation price of $1.25 an acre,-a policy at once "the most judicious for the State," and "most satisfactory to the settlers."10
The history of this general movement throughout the territory of Iowa is, in general, the history of the Claims Club of Fort Des Moines, a club which included in its membership large numbers of the best and most responsible citizens of Polk county. This vigorous local movement well illustrates the great sociological prin- ciple which the world has been slow to learn, that the basis of all representative government is the Community.
It should be borne in mind that lands in the fertile and beautiful valley of the Des Moines, with their rare combination of woodland and choice prairie, and with the certainty, or probability in many instances, that they included rich de- posits of coal and building stone, were worth many times more than the minimum $1.25 per acre. Under these circumstances, the thought was intolerable that specu- lators, or eleventh-hour newcomers who knew nothing of the burden and heat of the day, should enter upon land which actual settlers had staked out and tilled, and upon which they had builded homes. It became evident that organization was necessary for the protection of their respective claims. Fortunately, Mr. Turrill, in 1857,11 had access to Benjamin Bryant's minutes of the proceedings of the organization formed, from which we learn that on the 8th day of April, 1848, the citizens of Polk county convened in Fort Des Moines, with W. H. Meacham in the chair and L. D. Winchester, Secretary. The object of the meeting, as stated by the chair, was "to adopt measures for the security and protection of the citizens of said county, in their claims, against speculators, and all persons who may be disposed wrongfully to deprive settlers of their claims, by preëmption or otherwise."
Dr. T. K. Brooks and John Myers addressed the meeting giving their views on the best course to pursue. A committee composed of Messrs. Winchester, Mitch-
8 Hume's History of England, Vol. III, p. 80.
9 Messages and Proclamations of the Governors of Iowa. Shambaugh, State Historical Society of Iowa, Vol. I, p. 20.
10 December 2, 1846. ,
11 In his Historical Reminiscences of the City of Des Moines. Redhead & Dawson, 1857.
HON. FREDERICK M. HUBBELL
A pioneer promoter of Des Moines, and the foremost cap- italist of Iowa
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CITY OF DES MOINES AND POLK COUNTY
ell, Scott, Sypher and Saylor, was appointed to draft resolutions. The com- mittee reported the following resolutions which were unanimously adopted :
Ist. Resolved, That we will protect all persons who do, or may hold claims, against the interference of any person or persons, who shall attempt to deprive such claim-holders of their claims, by preemption or otherwise.
2nd. Resolved, That we will in all cases discountenance the speculator, or other person, who shall thus attempt any innovation upon the homes of the right- ful settlers; that we will not hold any fellowship with such person, and that he be regarded as a nuisance in the community.
3d. Resolved, That no person shall be allowed to pre-empt or purchase in any form from government, any land which shall be held as a claim, unless he shall first obtain the consent of the claimant.
4th. Resolved, That the filing of an intention to pre-empt, contrary to the rights of the settler, be regarded as an attempt wrongfully to deprive the citizen of his home and his claim.
5th. Resolved, That a committee of five be appointed; and that it shall be their duty to inquire into and adjust all difficulties, and contentions, in cases where claims are in dispute.
6th. Resolved, That it shall be the duty of said committee to notify any per- son who shall pre-empt, or attempt to do so, by filing his intentions to pre-empt, the claim of any other person, to leave the vicinity and the country; and that they have authority to enforce a compliance with said notice.
7th. Resolved, That we will sustain and uphold such 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 themselves to be governed by, and to aid in sustaining the same.
The language of these resolutions leaves no question as to the determination of the first settlers of Polk county to protect their claims,-peaceably, if possible ; forcibly, if necessary. That was no small and insignificant gathering; no dupli- cation of the oft-quoted absurdity so effectually used by Canning,-"the three tailors of Tooley street" petitioning Parliament in the name of "the people of England." Here were a hundred substantial men assembled from all parts of Polk county, men to whom the Home was a possession well worth fighting for, and to whom possession was at least nine points of the law! These men, traced to their respective birthplaces, are found to have come to Polk county from New England, from New York, from Pennsylvania, Maryland, Virginia and the Caro- linas, from the then middle-western states of Ohio, Kentucky, Tennessee, In- diana and Illinois. That posterity may not be permitted to forget the names of the pioneers who thus unequivocally committed themselves to cooperation and, if necessary, to force, in defense of the claims established by their labors, it is well to reproduce in this connection the list of charter members of this the "Claim Club of Fort Des Moines," organized April 8, 1848:12 W. H. Meacham, J. B. Scott, P. B. Fagen, T. Henderson, T. Crabtree, W. A. Scott, W. Wear, John Myers, T. McCall, J. Thompson, Wm. Bradford, N. Ball, J. Bundrum, Jos. De- ford, J. M. Kirkbride, Jno. Saylor, Jno. Hayes, J. H. Finch, J. D. McGlothlin, Wm. Lower, P. Newcomer, Dayton Harris, John Bennett, D. S. Cockerham, John Miller, David S. Bowman, Charles Murrow, Robert Hopkins, Joseph Keeney, Benj. Bennet, Jas. T. Thompson, George Knoop, Asa Flemming, Thos. Gilpin, James Philips, L. D. Winchester, George Dailey, L. Garret, A. N. Hays, G. W. Lacy, T. K. Brooks, Joseph Myers, J. Tribe, J. G. Tuttle, B. Perkins, Jacob Win- ter, D. Haworth, S. W. McCall, Montgomery McCall, A. W. Hobson, B. F. Frederick, Wm. Busick, Sr., E. Compton, John Wildy, N. Reeves, Wm. Cooper, Jno. McMahan, Wm. Hughes, A. S. Dean, P. Wear, E. Keeler, Jas. Anderson, J. Church, H. Everly, C. B. Myers, D. L. Jewett, David Norris, Wm. Busick,
12 Turrill's spelling of names has been followed.
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Jr., Charles Kurey, R. A. Harban, John Saylor, T. Mitchell, Benj. Saylor, H. D. Hendricks, T. Campbell, G. Maginniss, J. C. Jones, J. Frederick, R. W. Sypher, Sam'1. Kellogg, Wm. Garrett, W. F. Ayres, John S. Dean, Jacob Baycus, Solo- mon Bales, J. Harris, H. Huntington, John Baird, W. B. Binte, B. J. Saylor, George Krysher, C. Stutsman, D. S. Mearts, C. S. Evans, Eli Keeler, George Oglevie, Wm. Kuren, David Miller, James McRoberts, Franklin Nagle.
Several other meetings of the club were held in the summer of 1848, but the minutes of these meetings were either lost or destroyed. The last meeting was held at the corner of Second and Market streets, Fort Des Moines, a few weeks prior to the Land Sale at Iowa City. The principal object of the meeting was the selection of an agent who should represent the Polk county claimants at the sale, and should bid in the lands respectively claimed by them. Robert L. Tid- rick, long afterward prominent in Des Moines and Polk county affairs, was ap- pointed agent for the association, and a corps of armed and determined men were sent with him as a body-guard. Fortunately no contest was made, and Tidrick returned, accompanied by his cohorts, with the titles in his pocket, for those who paid cash, or with the assurance to holders of land-warrants that the lands claimed by them had not been sold and would not be, until they had had their opportunity to buy.
Titles to all the claims located in Polk county were ultimately perfected, and at the minimum price of $1.25 per acre.
While the main object of the Claims Club of Polk county was thus attained and the club ceased to meet, the organization was not disbanded and the pledge of mutual protection remained.
Two after incidents are worth relating as sequels to the present chapter.
The land office had been removed from Iowa City to Fort Des Moines. "One morning, when the sale opened," says Mr. Andrews,13 "a settler's claim in Wal- nut township was put up and he [a stranger named Bates] made a bid on it. Instantly he was surrounded by a group of stalwart, determined men, and two rails planted vertically in front of him, with several old shotguns and pistols out- lying. He was politely invited to take a walk. He was escorted to the river. bank. He sat down. A strong guard was left with him. The water in the river was cold. What might happen after night came on was uncertain. The doings of the Club Committee in such cases were never made public, as a rule. He pon- dered over the subject until darkness came, when he collapsed, and made a pledge that he would offer no more interference with settlers' claims, and he was per- mitted to travel."
The story of the so-called "Perkins and Fleming war" 14 must not be omitted. In brief, Asa Fleming had established a claim a few miles below Fort Des Moines, and one B. Perkins, a neighbor, tried to preëmpt the claim, having filed his in- tention to do so. His purpose was heralded and great was the excitement in the neighborhood. This was in the spring of '49. Both Perkins and Fleming were charter members of the local Claims Club, and the offender was fully acquainted with the spirit, purpose, rules and regulations of the club. His course was, there- fore, without excuse. If Perkins could with impunity violate the spirit and regulations of the organization, the entire fabric of protection would fall to the ground.
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