History of Johnson County, Iowa, containing a history of the county, and its townships, cities and villages from 1836 to 1882, Part 39

Author: Johnson Co., Ia. History. [from old catalog]
Publication date: 1883
Publisher: Iowa City, Iowa.
Number of Pages: 980

USA > Iowa > Johnson County > History of Johnson County, Iowa, containing a history of the county, and its townships, cities and villages from 1836 to 1882 > Part 39

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E. B. Costly,

John Cochran,

John W. Rylert,

R. Melly,

A. J. Willis,

James Cochran, Ezra Bliss.

Robt. M. Secrest,

When these lands finally came into market they were valuable from the very fact that hardy pioneers had come here and made settlements, and this induced speculators to buy up all they could. But whenever a land sale was to occur, the land holders or settlers of a township would elect one of their number as bidder for them, and furnish him with the proper description of their several claims, so that whenever that piece was cried for sale he could bid it in at the government price-$1.25 per acre. And if any speculator dared to overbid in order to get the improvements for almost nothing, woe to him-the timber for his coffin wasn't far to fetch. As an instance showing the popular sentiment on this subject, and a right- eous sentiment, too, we take note of a meeting held Feb. 16, 1843, at the house of S. B. Trotter. T. B. Clark was chairman, and A. J. Kirkpat- rick, secretary. John Smith, James Buchanan, D. D. Smith, Elza Singer and A. Sells were appointed a committee on claims, "whose decision shall be_ decisive," it was voted. Warren Spurrier, Jesse B. McGrew, and Wm. Smith were a committee on resolutions. Money matters were extremely tight; few of the settlers could raise the money right away to pay for their claims. President Tyler had been petitioned to postpone the

Thos. P. Mulholland,

T. H. Hopin,

Thos. Jaytoe,

S. B. Mulholland,

Warren B. Morey,

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HISTORY OF JOHNSON COUNTY.

land sales here, so as to give them a little time to gather up money enough. It is not likely that President Tyler himself ever saw or heard of the petition, but anyway it was not granted, and they resolved that "we have humbly petitioned the president for a short postponement of the land sales, which has been despotically refused."

Resolved, That we will mutually protect each other at the ensuing land sales, in sustaining our rights, whether the claimants have money to pur- chase the same or not.

Another resolve, that meant business, was this:

Resolved, That any person who does purchase another's claim without amply compensating him for all his labor deserves to be published in every newspaper throughout this territory, and should be held in everlast- ing contempt by all good men, and is no better than a horse thief or high way robber.

This last sentence was a clincher to the whole, and is, in fact, the key to the situation. But the settlers stood so well together on this matter that they never had but one, or perhaps two, cases that required them to talk blood; and even those were finally settled without any crimson trag- edy.

The rising generation knows nothing about such a state of society or of land tenure as could possibly give rise to an organization like the one above noted. But it was the beginning of farm life and of freehold ten- ure in Johnson county, and has a deep historic interest. Newhall's "Sketches of Iowa," published in 1841, gives a very clear account of vari- ous steps and proceedings connected with land entries, land claims, etc., at that time, and from it we quote:

FORM OF THE PRE-EMPTION OATH FOR ENTERING TWO FORTIES.

Non-residents can enter but one tract in as small a quantity as forty acres. But actual settlers can enter two "forties," by taking the following oath, to-wit: "I (or we) do solemnly swear (or affirm) that the land above described is intended to be entered for my (or our) personal benefit, and not in trust for another, and that the same is intended for the purposes of cultivation (or as the case may be) for the use of my (or our) improve- ment, situated on the of section No. - , of township No. - , of range No. - , and that I (or we) have not entered under the act of 5th of April, 1832, or under the act of the 2d of March, 1833, at this, or at any land-office in the United States of America, any land in quarter-quarter sections (40 acres) in my (or our) name, or in the name of any other per- son."

GOVERNMENT MARKS UPON THE PUBLIC LANDS.

Government marks upon the public land, will be found in the timber by a blaze in the tree, denoting the number of the quarter in burnt initials. The term blaze signifies one side of the tree which is hewed out for the purpose of a distinct mark.

In the prairies, stakes are set, defining each township and quarter-sec- tion, ranges, etc .; consequently the traveler or stranger, if he has a mem-

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HISTORY OF JOHNSON COUNTY.

orandum of the numbers he wishes to select, will have no difficulty in find- ing them .*

MODE OF CLAIM-MAKING.

This may be considered a mode of settlement peculiar to that portion of the public domain which is occupied prior to its being surveyed by the general government. By mutual concession and an honorable adherence to neighborhood regulations, it has become a "pro tem" law, answering the purposes of general protection for the home of the settler until his land comes into market. So general has this usage become, and so united are the interests of the settlers, that it would be deemed extremely haz- ardous, as well as highly dishonorable, for a speculator or stranger to bid upon their "claims," even though they were not protected in a "pre-emp- tion right." It being clearly understood what improvement constitutes a "claim," and the settler conforming to the requisitions of the "by-laws" of his neighborhood, or township, it is just as much respected for the time being, as if the occupant had a government patent for it. For instance, an emigrant comes into the country, he looks from county to county for a location. After having pleased himself, he says "I will make an improve- ment." He breaks five acres of ground, which holds his claim for six months; or he builds a cabin eight logs high with a roof, which is equiv- alent to the ploughing, and holds it six months longer. He then stakes out his half section of land, being a full "claim," generally one quarter timber and one quarter prairie; and thus his home is secure from the tres- pass of anyone. If he choose to sell his "claim" he is at perfect liberty to do so, and the purchaser succeeds to all the rights and immunities of the first settler. As an evidence of the respect in which these "claim rights" are held by the people of Iowa, I will here quote an act of the legislative council of the territory, passed January 15, 1839, entitled :

"An Act to Provide for the Collection of Demands Growing out of Con- tracts for Sales of Improvements on Public Lands.

"Be it enacted, That all contracts, promises, assumpsits, or undertak- ings, either written or verbal, which shall be made hereafter in good faith and without fraud, collusion, or circumvention, for sale, purchase, or pay- ment of improvements made on the lands owned by the government of the United States, shall be deemed valid in law or equity, and may be sued for and recovered as in other contracts.

"That all deeds of quit-claim, or other conveyance of all improvements upon public lands, shall be as binding and effectual, in law and equity, between the parties, for conveying the title of grantor in and to the same, as in cases where the grantor has the fee simple to the premises con- veyed."

Perhaps no country has ever exhibited a spectacle like Iowa, previous to the public land coming into market, where a social compact has been formed so strong, or the spirit of its requirements so strongly adhered to.

TOWNSHIP REGULATIONS PREVIOUS TO THE LAND BEING BROUGHT INTO MARKET.

In order to prevent unpleasant litigation, and to keep up a spirit of har- mony amongst neighbors, and the better to protect them in their equitable rights of "claim" purchase, each township has its own organization gener-

*In many of the old surveyed portions of Illinois, those numbers have become obliterated by time and storm.

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HISTORY OF JOHNSON COUNTY.

ally throughout the territory, and announces by public notice a "call meet- ing," thus: The citizens of township seventy-two north, range five west, are requested to meet at 'Squire B -- 's, Hickory Grove, (or as the place and time may be) to adopt the necessary measures for securing their homes at the approaching land sales at B -- or D --. " After a short preamble and set of resolutions suited to the occasion, a "register" is appointed, whose duty it shall be to record the name of each claimant to his respec- tive "claim." A bidder is also appointed, whose duty it shall be, on the day of sale, to bid off all the land previously registered in the name of each respective claimant. These associations are formed mutually, to sustain and protect each other in their claim-rights. Thus, everything moves along at the land sales with the harmony and regularity of clock-work; and should any one present be found bidding over the minimum price ($1.25,) on land registered in the township book, woe be unto him. Although "claim law" is no law derived from the United States, or from the statute book of the territory, yet it nevertheless is the law, made by and derived from the sovereigns themselves and its mandates are impera- tive.

When any controversy arises between two neighbors relative to tres- passing, (in common parlance) "jumping a claim," it is arbitrated by a committee appointed for that purpose, and their decision is considered final.

I doubt not but many a veteran farmer of Iowa, when passed into the " sear and yellow leaf " of age, will look back to by-gone years, (should these pages chance to meet his view,) and relate by the fireside of afflu- ence and plenty, to his children, and perhaps his children's children, the trying times encountered in the early days of " claim making."

SKETCH OF A LAND SALE.

The great mass of people east of the Alleghanies, I apprehend, have but little idea of a western land sale. Many are the ominous indications of its approach among the "settlers." Every dollar is sacredly treasured up. The precious " mint drops " take to themselves wings, and fly away from the merchant's till to the farmer's cupboard. Times are dull in the towns; for the settler's home is dearer and sweeter than the merchant's sugar and coffee. At length the wished-for day arrives. The suburbs of the town present the scene of a military camp. The settlers have flocked from far and near. The hotels are thronged to overflowing. Bar-rooms, dining-rooms, and wagons, are metamorphosed into bed-rooms. Dinners are eaten from a table or a stump; and thirst is quenched from a bar or from a brook. The sale being announced from the land office, the township bidder stands near by with the registry book in his hand, and each settler's name attached to his respective quarter or half section, and thus he bids off in the name of the whole township for each respective claimant. A thousand settlers are standing by, eagerly listening when their quarter shall be called off. The crier has passed the well known number. His home is secure. He feels relieved. The litigation of " claini jumping " is over forever. He is lord of the soil. With an inde- pendent step he walks into the land office, opens the time-worn saddle- bags, and counts out the $200 or $400, silver and gold, takes his certifi- cate from the general government, and goes his way rejoicing.

Such a scene have I witnessed, which continued for three successive weeks, in which time nearly half a million of money was taken from the actual settlers of Iowa. It is an interesting sight to witness thousands of

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HISTORY OF JOHNSON COUNTY.

our fellow-beings, who, having planted themselves in a new country, are patiently waiting for the hour to arrive when they can buy the homes and the land from which they earn their bread-when they can say in truth, this is my own " vine and fig tree." These are the embryo scenes conse- quent in commencing the settlement of this new country; occurrences that, to the uninformed European, would seem incomprehensible; but the commencing landmarks which have marked the progress of the western pioneer, who, but as yesterday, verging upon the forests of Ohio and Kentucky, is now beyond the western shore of the Mississippi; and still his adventurous spirit looks onward, until nought shall remain save the boundless expanse of the vast Pacific.

CHAPTER V .- PART 2.

Agriculture-Live Stock Interests-Horticulture-Land Values-Birds, Bees, etc.

The various items given under the above sub-divisions are arranged so far as practicable in their order of time, or by successive years, instead of lumping them together by subjects. We have aimed to pursue the his- torical method, rather than the strictly topical.

THE JOHNSON COUNTY AGRICULTURAL SOCIETY.

This society was organized April 9, 1853, and has maintained its organization intact ever since. From the official records we copy the fol- lowing points of general public interest :

We, whose names are hereunto subscribed, have associated ourselves, and with such as may become hereafter associated,. as a body corporate and politic with perpetual succession, by the style of the Johnson County Agricultural and Mechanical Society, in subordination to the laws of Iowa and to the articles of the association, which are hereafter attached.

Witness our hands at Iowa City, April 9, 1853. S. H. Bonham, Easton Morris, J. M. Coleman, John McCadden, W. H. White, W. H. Woods, Edward Connelly, Legrand Byington, Isaac V. Dennis, Ezekiel Clark, Joseph Beauter, E. W. Lucas, F. H. Lee, Robert Walker.

The following articles show its object and basis of membership:

Article I. This association shall be called the Johnson County Agri- cultural and Mechanical Society. Its object shall be the advancement of the interests of agriculture and horticulture in all their departments.

Article 2. The payment of one dollar annually shall entitle any per- son to all the privileges of membership, and the payment of five dollars, to an honorary membership for life.

In 1857, Legrand Byington, Esq., wrote for the State Agricultural Soci- ety a sketch of the early history of this Johnson county society, and we quote a few points from Mr. Byington's paper :

"The constitution, as adopted and subsequently amended, together with the foregoing act of association, was recorded in the county records, in book 10, page 286, and the following officers were forthwith elected to serve until the first annual meeting in October, 1853, viz:

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HISTORY OF JOHNSON COUNTY.

President, Smiley H. Bonham.

Vice-presidents, Samuel H. McCrory, Joseph Beauter.

Secretary, Edward Connelly.

Treasurer, John M. Coleman.

Executive committee: Legrand Byington, Elisha Pearson, James Cav- anagh, Easton Morris, Ezekiel Clark, Richard Burge, Isaac. V. Dennis, W. H. White.

These officers, under the designation of "Board of Managers," are charged with the entire management of the affairs of the society, and are invested with plenary powers in the premises. They are elected on the second Tuesday of October, annually, but hold over in case of any failure to elect at the appointed time.

'OUR FIRST COUNTY FAIR.

In the month of June, following this organization, a meeting of the board was called, for the purpose of inaugurating the first fair and exhi- bition of our infant society. Less than a quorum responded to the call, and we were perplexed with apprehensions of failure. The experiment was renewed, and with the same lack of attendance. Our ever active friends, Dr. White and General Morris, were on hand, however, and we assumed the responsibility of going ahead at all hazards. With less than ten dol- lars in the treasury, and sorry prospects for more, hampered for a time, we named a day and place for the fair, prepared a premium list of one hundred and thirty awards, arranged in eleven classes, and requiring, besides expenses, an expenditure of three hundred and fifty-four dollars, and appointed all the judges of the exhibition. Preliminaries thus arranged, we presented them to the people of the county, by circular, and anxiously awaited the result.

The day of the fair proved to be pleasant, and, although the time of preparation had been short, several thousand people assembled to enjoy the fete, and made up an exhibition which surpassed our expectations, and was every way creditable to the county. Our receipts, from all sources, were $380, and the premiums and expenses paid, amounting to $372, leaving a small balance of eight dollars in favor of the experiment. No thoroughbred cattle or horses were then owned within the county, but there was a good show of grades and natives; and the principal premiums awarded in these classes, were given to Messrs. Richard Burge, Frank- lin Kimball, Thomas Lindley, F. H. Hempstead, Isaac Bowen, Mathew TenEyck, John Parrott, N. Winterstein, C. B. Wray, Edward Connelly.

OFFICERS FOR 1853.

At the regular annual meeting of the society, held in pursuance of the charter, and of public notice, at the office of E. Connelly, in Iowa City, on the second Tuesday of October, 1853, P. D. Turner, Esq., acting as pres- dent, and E. Connelly, secretary, the following proceedings were had, viz:

Article 3 of the charter was so amended as to make the executive com- mittee consist of fourteen members, to be apportioned as follows: three

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HISTORY OF JOHNSON COUNTY.

for Iowa City township, and one for each of the remaining townships of the county, and the office of corresponding secretary was added to the board.

An election was then held for officers of the society for the ensu- ing year, which resulted in the election of the following persons, to-wit:

President, Samuel H. McCrory.

Vice-presidents, P. D. Turner, H. H. Winchester.

Rec. secretary, F. Connelly.

Cor. secretary, W. H. Fyffe.

Treasurer, Legrand Byington.

Executive committee, H. W. White, J. H. Morehead, Franklin Kimball, M. TenEyck, Richard Burge, Bryan Dennis, Nicholas Winterstein, E. K. Morse, Ebenezer Adams, W. B. Ford, M. F. Snavely, A. D. Packard, John D. Able, James Cavanagh.

"'On motion, ordered that the above named officers enter upon the discharge of their respective offices from and after the 13th of October, 1853.

E. CONNELLY, Secretary.

This board of officers met, in pursuance of notice, at the secretary's office, Iowa City, on the 20th of May, 1854, when the following proceed- ings were had, viz .:

1. Resolved, That the second annual fair of the Johnson County Agricultural and Mechanical Society be held, under the direction of the board of managers, at Iowa City, on the 26th and 27th of September, 1S54.

2. Resolved, That a committee, consisting of Messrs. Morehead, Morse, and Byington, be appointed, whose duty it shail be to prepare, and after its ratification, cause to be published, a premium list for said fair.

3. Resolved, That a committee, consisting of Messrs. F. Kimball, White, Fyffe, and Morehead, be appointed, whose duty it shall be to obtain and prepare suitable grounds for said fair, and that said committee be authorized, in their discretion, to make said provision a permanent arrangement for the accommodation of this society, if it can be done with- out involving this society beyond its available means.

4. Resolved, That the committee first above named, be instructed to report said premium list for revision or adoption to an adjourned meeeting of this board, to be held at E. Connelly's office, in Iowa City, at 1 o'clock Saturday, June 3, 1854, at which time and place the several awarding committees will be appointed.

5. Resolved, That the corresponding secretary be instructed to serve upon each member of the board of managers a written notice, and request them to be present at the meeting on the 3d of June.

6. Resolved, That a committee, consisting of Messrs. White, McCrory and Fyffe, be appointed to procure a suitable person to deliver an address at said fair.

The committee on premium lists, etc., were prompt in the discharge of their duties, and on the 3d of June, published to the people a list of pre- miums much more extensive than that of the preceding year, embracing nineteen classes and accompanied by the usual address.

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HISTORY OF JOHNSON COUNTY.

As on the previous occasion, we were favored with pleasant weather during the second exhibition, and were all gratified in the assurance that the show was very much superior to that of the preceding year. The receipts, from all sources were $518, and the premiums and expenses all paid amounted to $540.80, creating a deficit of $22.80, which was promptly advanced by the treasurer on the credit of the society. In cattle and horses, especially, there was a very marked improvement, the princi- pal prizes on which were well contested, and fell to Messrs. Thomas Lind- ley, Richard Burge, Franklin Kimball, Legrand Byington, Joseph Yoa- kum, I. V. Dennis, Lindley Abel, Philip Pitt, John Huss, N. Winterstein, A. C. Dennison, F. W. Hempstead, Moses Adams, Robert Walker, Jno. C. Burge, J. H. Morehead.

Invitations to deliver an address before the society, had been succes- sively tendered to Messrs. George Green, of Cedar Rapids; James Grant and Hiram Price, of Davenport; and James W. Grimes, of Burlington; but the pre-existing engagements of these gentlemen did not permit either of them to accept.

Although meeting, on this occasion, the full measure of anticipated suc- cess, it had been found that it required such active and unremitting exer- tion, in the way of personal solicitation, if not outright dunning, to collect a sufficiency of membership fees to sustain our expenditures upon the liberal scale which was deemed essential, that the society was in danger of dissolution from over-working a few of its most active members. Some more permanent and accessible source of revenue seemed indispensable. Accordingly, at a business meeting of the society held on the evening of the first day of this fair, the subject of our pecuniary prospects, among others, was under discussion, and resulted in the following action, viz:

On motion of Mr. Byington: Resolved, that this society will memorial- ize the next General Assembly of Iowa to pass an act authorizing the county judge of Johnson county to set apart, annually, a per centage of the poll tax of the county, as a fund for the use of this society, to be expended for the improvement, within said county, of agriculture and the mechanic arts.

Resolved, that a committee of five active friends of the cause in each township, be appointed by the chair, at our to-morrow's meeting, to circu- late a similar petition for signatures throughout the county.

Resolved, that the secretary be instructed to procure the printing of such petitions, and cause them to be apportioned amongst said committee- men.

Some conversation was had about recommending the organization of a company for the importation of first-class thorough-bred stock from the Eastern States, but no definite action was taken thereon.

In accordance with these resolutions, petitions were circulated and signed, and at the ensuing session of the general assembly we had the sat- isfaction of seeing a bill, which we had prepared, pass into law, without serious opposition, in the following form, viz:

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HISTORY OF JOHNSON COUNTY.

An act to encourage agriculture and the mechanic arts in Johnson county.

"SEC. 1. Be it enacted by the general assembly of the state of Iowa, That on the first day of April, in each year, the county judge of Johnson county, shall draw an order upon the treasurer of said county, in favor of the Johnson County Agricultural and Mechanical Society, for a sum equal to thirty-three and one-third percentum, upon the amount of the personal poll tax which may have been levied in said county for the preceding year, and it shall be the duty of said treasurer, on the presentation of such order, to pay the amount thereof, in money, to the financial officer of said society, to be expended by said society in the improvement of agriculture and the mechanic arts within said county.

SEC. 2. That to secure a faithful application of said money to the objects hereinbefore stated, the officers of said society shall annually hold a county fair, and cause to be prepared a list of premiums to the farmers and citizens of said county, at least equal in amount to the payment from the county treasury for the current year; a copy of which shall be left with the county judge, and be preserved at his office.

SEC. 3. That if, from any cause, said society fails to hold their fair, or to file such list with the county judge, he shall with hold all subsequent orders until the requirements of the foregoing section have been complied with.

SEC. 4. This act may take effect by publication in the Iowa Capital Reporter and Republican, provided, said society shall pay the expense, if any, of such publication.

. Approved Jan. 20, 1855.

I certify that the foregoing act was published in the Iowa Capital Reporter and Republican, on the 31st day of January, 1855.

G. W. McCLEARY, Sec'y of State.

Immediately after the fair of 1854, the writer of this repaired to the state of Ohio, on a visit, and, while there, had the pleasure of attending the great exhibitions of the state society, at Newark, and of the United States society, at Springfield, at both of which he purchased stock for importation into Iowa. Returning, after an absence of six weeks, it was found that there had been a failure to elect officers of our society for 1855, at the time fixed by the constitution. A special meeting was therefore called, at my instance, for the sixth of January, 1855, from the record of which I extract as follows:

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History of Johnson County, Iowa, containing a history of the county, and its townships, cities and villages from 1836 to 1882, Part 39

Author: Johnson Co., Ia. History. [from old catalog] Publication date: 1883 Publisher: Iowa City, Iowa. Number of Pages: 980

Author: Johnson Co., Ia. History. [from old catalog]
Publication date: 1883
Publisher: Iowa City, Iowa.
Number of Pages: 980