USA > Iowa > Madison County > History of Madison County, Iowa, and its people, Volume I > Part 16
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liam Johns to Catharine Longabaugh; James Hinkle to Mary Farson; William Steele to Mary Leveridge : L. M. Tidrick to Martha Bell: Jacob Fry to Martha Ruby; Horace Howard to Elizabeth Hoggart; Daniel Bowman to Elizabeth Folwell; William Pursell to Jane Sturman; Joseph Addison to Eliza Ann Brin- son ; Lewis McGinnis to Winnie Bishop; Zachariah G. Peter to Amy O. Blakely ; Alfred B. Fox to Elizabeth Ann Herron: Joseph L. Thompson to Irena Mc- Daniel; Robert Allen to Martha Wright; George Hornback to Eliza Jane Goe ; William Paul to Eliza Ballard; Leander McCarty to Mary Jane Gaff : Craig Games to Sarah Jane Murphy; John Snyder to Jane Rate; M. A. Carmichael to Martha Gordon; Martin D. Swafford to Sarah Ann Sulgrove; James Adkins to Delphi Colier; Jonas Shreeves to Elizabeth Longabaugh, July 9, 1854; James N. Gentry to Mary Snyder: James Brinson to Sarah Ann Gardner ; George W. Mitchell to Nancy Jane Hornback, January 1. 1855 ; Jacob Shellhart to Emeline Cracraft, December 23, 1854; Alexander M. Bertholf to Lucinda A. Niles, Au- gust 27, 1854; Oliver H. Perry to Mertila McCarty, October 26, 1854; George M. Wilson to Mary Ann Doud; George M. VanGundy to Melissa Sulgrove ; Henry Augustine to Frances M. Wilson, January 22, 1855; Andrew Miller to Lousina J. Showver.
CHAPTER XVI MADISON COUNTY CLAIM CLUB By A. J. Hoisington
Title to land in Madison County could not be obtained until January 21, 1850, at which time the Government domain in the north half of the county was opened for entry. But the title to school lands was secured as soon as the county was sectionized in 1849. As settlements began in May. 1846 (not counting Hiram Hurst ), there was a period of three years and eight months of occupancy when the only rights to real estate were obtained by priority of settlement and con- tinnous residence. Lands thus selected were called "claims." Elsewhere is described the manner of taking these "claims."
During the first two and a half years of the settlement of the county no serious disagreements arose concerning claim rights ; but as settlers continued to arrive in increasing numbers and the choicest lands, in the public estimation, were mostly occupied during the winter of 1848-9. a "Claim Club" was organized, notwithstanding that up to this time there had been no professional "claim jumpers," nor other intruders upon the claim rights of settlers. Madison County was singularly free of molestation by land speculators. as regards any invasion of the rights of those already settled upon the land. This immunity from in- trusion was because the force of "claim jumpers" had been spent in the counties eastward, in counties along the Des Moines River. In those localities and in counties still farther east "claim clubs" were in existence and doing very active business, often dealing justly and frequently committing wrong.
While there was no apparent good reason for the organization of a "claim club" in this county, the formation of one was urged by those active spirits who delight in "stirring up things," and by others, who feared that as the time approached when the lands would "come into market" there might be trouble made by people not yet in sight. Half a dozen persons who, in a small and modest manner, were doing something in a legitimate way, at trading in claims to "accommodate new settlers," jumped aboard the proposition to organize and by the end of the winter the "Madison County Claim Club" became the first county wide organization,
Charles Wright, who lived on Middle River, southwest of ( now ) Winterset. was elected captain of the club. He was chosen mainly because he had been a soldier in the then late war with Mexico and partly because he was active in promoting the organization. Besides, he was doing some business in handling claims for others, and it presumably might work in nicely in some emergency of interest and help his affairs to be at the head of this "claim law" enforcing machinery. William Sturman, who was living on the northeast part of section 9. in (now ) Union Township, became secretary. He also had material interest
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in the enforcement of the "claim law," since he had brought a considerable sum of cash, for those days, to the county, and was ready to enter lands, amount- ing to more than a "claim," when they "came into market." Naturally, he wanted to protect all his claims.
While all those who traded at all in claims, or were trying to "cover up" more than one claim, were active in the organization, yet the membership was nearly all of an unselfish character, wholly devoted to the maintenance of "law and good order," and desirous to protect each settler in his just rights of claim. The following obligation was signed by each member :
"Pledge of the Madison County, Iowa, Claim Club :
"Whereas, Self-protection, the acquiring and peaceable possession of property, are essential to the happiness and prosperity of the people; and
"Whereas, Reckless claim jumpers and invidious wolves in human form are prowling through the county for the purpose of robbing the settler of his claim and of the means of support ; therefore, be it
"Resolved: First, that we pledge ourselves to protect every member of this club in his rights of claim, or against the preemption of adverse parties, without fear of the world, the flesh or the devil.
"Second :- That no person shall be allowed to preempt, or to purchase from the Government, any claim of a member of the club without the unequivocal consent of the member.
"Third :- That the filing of any intention to preempt, in contravention of the right of any member hereof, shall be regarded as an attempt to deprive one member of his rights under the eternal fitness of things, and we pledge ourselves one to another to meet the offender on the home stretch with logic of life or death.
"Fourth :- "That a committee of three be raised whose duty shall be to hear and adjust any disputes, evasions or disagreements that may arise with members of this club, or any case where claims of members are in dispute with outside adverse claimants of every character whatever.
"Fifth :- That we pledge ourselves to sustain and uphold our committee and appointees in the performance of their several duties and to enforce their de- cisions and adjudications to the very letter, with force and arms if necessary.
"Sixth :- That a cordial invitation is hereby extended to every citizen of the county to sign these articles of by-laws and assist in their faithful execution and enforcement."
Printed copies of this pledge, obtained from counties eastward where like organizations existed, were used here but the original list of subscribing members was lost within a few years. In fact one never heard a member volunteer the statement, as if with a sense of pride, that he was a member, nor yet when one was asked concerning his membership would he deny it. Within ten years the resident membership remaining in the county seemed to feel no sort of pride in the memory of the club. "Uncle Billy" Sturman, who had been its secretary, used to freely tell about events of those days and one time explained this lack of pride by saying. "It never did but one thing-turn tail to a red flag." This explanation refers to the "Battle of Union Township," hereafter related. On the other hand, those not members, when asked whether or not they were mem- bers of the club, would promptly, almost savagely, reply "No, sir." The reason
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for this acidity of reply was that at the time of the organization and for a while after great effort was made to have all claim holders join it and those who hekdl out in refusal were made to understand they were considered a sort of outlaws, enemies to the public welfare and unwilling to aid in the common protection of their neighbors.
Over forty years ago the late Andrew J. Hoisington, writer of this article, made some effort toward securing a list of the men who had been members of the club and those who were not, but the ones interviewed on both sides seemed averse to aid him and he gave it up. Because the list gathered is so incomplete he concluded not to give any names. The life of the club was of short duration- less than three years. It slowly fainted away in 1850 and no one observed when its pulse ceased to throb.
It is estimated that about three-fourths of the claim holders in the county were either nominally or actively members of the club and the one-fourth not belonging were all radical in their opposition. Thus, in effective force, the parties were approximately even. For this reason the politicians did not seek to use the influence of the organization. It was a poker, hot at both ends. Besides, the pro and anti-club memberships were a mixture of whigs and democrats. The whigs in the county were in a hopeless minority and had no interest in making the club a political issue : the democrats coukl not afford to take chances. Both club and anti-club sides contained a majority who were democrats. How- ever, nearly every office holder during those years belonged to the club.
The club held meetings only when especially called together to consider a complaint and this was seldom. In the absence of public buildings such meetings were held at the cabins of members within two or three miles of Winterset. usually in the daytime. Little or no secrecy was observed.
BATTLE OF UNION TOWNSHIP By A. J. Hoisington
In the above paragraphs are related the details relative to the organization and character of the "Madison County Claim Club." The only important event in its history occurred in early May. 1850, and took place in the west part of Union Township. The following account is in substantial agreement with statements made in later years by persons engaged on either side.
George W. Guye staked out and located a claim on May 4, 1846, which proved to be, when surveyed three years later, the northwest quarter of section 8, in (now) Union Township. At the time he was not of legal age, but under the "claim law" then recognized everywhere in the West and also by the Govern- ment, he had a right to locate a claim, since he would become of age before the land "came into market." During the summer of 1847 Leonard Bowman, with his family, arrived in the neighborhood and staked a claim next cast of Guye's, building his cabin in such location that when the Government survey was made it was about forty rods over on the claim Guye had staked out and started a cabin, which he later completed. Thus, both cabins were on the same quarter sec- tion. The township lines being run in the fall of 1848 ( and section lines the next spring ). a conflict of claim title arose. The land could not be entered by any
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one until January, 1850. Bowman became a member of the claim club and remained an active one. Guye never joined it. Thus the club was bound to protect Bowman. It was argued that Guye was a young man and, anyhow, not of age when he staked the claim; that he should select another tract. Be- sides, it was also urged, Bowman had a large family, to which Guye replied that he was first in right on the land and had complied with every requirement of the times and the claim laws. Some effort was made toward a settlement of the dispute without result. Guye offered to compromise with Bowman by each taking an "So," but Bowman demanded all or none. Neighbors, near and far, took sides with increasing bitterness as the time for entering lands approached. Guye firmly refused to recognize the claim club in any manner and entered the eighty acres, on which Bowman's cabin stood, on the first day the lands of the north half of the county were open for entry-beating Bowman's attorney to it just fifteen minutes.
After Guye had entered the land in dispute, thus ignoring and even defying the assumed right and power of the club in the matter, the latter was logically forced to take action or dissolve as an organization.
This case was the only serious one it had up to this time, and no other in sight. A special meeting of the club was called and after some ineffectual effort to secure a large attendance of the members, a meeting was held late in April, 1850, at which there was serious division over the question whether the club should try to enforce its claim of authority in the case. Guye owned the land. Everyone had become satisfied he would never deed it over to Bowman while alive and in case of death, of course he couldn't. Therefore, it was certain there was but one of three things the club could accomplish : Kill the recalcitrant Guye, run him out of the country, or the club itself go out of business forever.
Finally, a majority of the club members present at the meeting voted to try to compel Guye to deed the land to Bowman, or leave the country. Accordingly, a notice was written in duplicate, the substance of which contained these alterna- tives : "Within ten days deed the land to Bowman and wait on him one year for his pay, or suffer the penalty." The penalty was well understood by both sides to be that the club would run him out of the country, peaccably (?), if he would go, forcibly, if he would not ; and the latter included the probability that Guye's great form would become a magnificent corpse before the close of the proceedings.
Hampton Jones, living then and until his sudden death near the center of section 18, in Union Township, was willingly selected to deliver the notice to Guye in person. Jones' great size, youthful strength and vigorous fighting dis- position well equipped him for the mission. From his cabin to Guye's was scarcely the length of a mile across the prairie, northeast. Guye was his neigh- bor and it would seem to most people a ticklish errand for him to undertake; later on he found it a bloody one.
The next day Jones went over on horseback to where Guye was plowing for corn in his field. Guye had been anticipating such notice from the club but did not expect its delivery by so near a neighbor. And this angered Guye all the more. It seemed to him that Jones had been selected, or may be had volunteered, to deliver the notice because a near neighbor with great fighting qualities. Guye thereupon proposed to Jones to fight it out and settle the matter then and there Tol. 1- 9
.
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alone between themselves. To this Jones objected, but offered to select with him a day when they should meet in Winterset and fight it out to a finish. They agreed on the following Saturday as the day of combat. Guye had, of course, vigorously and in no really proper Sunday school language, refused to concur in either alternative contained in the notice. So that after arrangements for the fight were completed Jones went away to report to the club and Guye quit plow- ing for some time. The latter had other and more pressing business-a fist fight to a finish the following Saturday with Jones and. should he survive that, a gun fight with the Madison County Claim Club exactly ten days thereafter.
News of these two events appointed to occur, spread on the wings of the wind throughout the thin settlements. It was by far the greatest sensation that had taken place in the four years' history of the county. There was the smell. and almost the taste of human blood everywhere. Up to this time no serious trouble had occurred. The four years' progress of the community had been op- pressively free of any bloodshed. Not even a horse thief had been hung.
On the first Saturday in May, in the forenoon, the opposing parties met in Winterset to witness the gladiatorial combat agreed upon by Hampton Jones and George Guye. The former had chosen Taylor Sargent and the latter Henry Rice as their respective seconds. About one hundred men were in the little county seat, representing every settled portion of the county. Over half the voters were present and most of them armed with small weapons. The sheriff came over from his farm in (now) Scott Township, and all the constables of the county were there to see the fight. Every resident preacher also was there. The weather was fine.
The principals were escorted by their seconds into the John A. Pitzer general store, on the west side of the square, and weighed on a new platform scale. Guye pulled down 192 pounds and Jones 206; each stripped to his shirt. Jones outclassed Guye in weight fourteen pounds. Then the seconds got rope of bed cord size and with their principals went out on the square, where a large ring was formed by tying the rope around stakes set in the ground. The square was prairie sod and had been burned off the fall before, and the young grass had grown but little.
There was but little betting and not much jollity. It was rather a serious appearing crowd, for no man dared, even in his own mind, to feel sure what the outcome would be. The club members were very largely in the majority, but many felt neutral. The anti-club men were quiet, but very bitter, well prepared and ready for trouble. The extreme partisans of Bowman felt secure in the overwhelming majority of club members and therefore ready for anything. While it had been mutually agreed that nothing but the fistic encounter between the principals should occur, all knew that the least accidental spark might ex- plode great trouble. Naturally, there were some who were drinking more whisky than was needful for such an occasion.
As soon as the ring was inclosed, Jones hopped in and jumping up and down called to Guye to come ahead. The latter followed. The seconds announced that this fight was to be "rough and tumble," "catch as catch can," no rules to observe and that no others than the principals would be allowed in the ring until one of them should cry "enough." The seconds were also husky fellows. capable of enforcing their rules. Upon signal from the seconds the fight began.
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Ist round :- Guye landed heavily on Jones' cheek bone, clinched, each trying to trip the other; a short wrestle and both went down; a dog fall.
2d round :- Jones landed heavily on Guye's eyes, felling him to the ground almost totally blinded.
3d round :- Guye worked for a time to recover sight, clinched and broke holds, both winded. Round a stand-off.
4th round :- Some sparring when Guye landed a heavy kick on Jones' stom- ach, followed by two more kicks on his body and Jones fell, Guye on top. He clinched Jones' hair and landed three licks on his head and ribs.
By this time Joshua Pursell, a strong friend of Guye's, had jumped in the ring and began to pull Guye off Jones, upon which James Guye, a brother of George, and a powerful man, struck Purcell on the head with his fist and knocked him over the rope, nearly killing him. All this was done in a moment. Almost at the same time both seconds jumped to their principals and pulled them apart. Jones had not hollered "enough"; he was far beyond the ability to make any kind of noise.
Jones was helped off the grounds and after washing up was taken home by friends. Guye was able to care for himself. Both were covered with blood from head to foot. They punished each other severely. Guye ever after carried a scar on his head, as a memento of the battle.
Both these men were powerfully built, young ( Guye 22 and Jones 25), hard- ened by frontier life and accustomed to rough and tumble wrestling. Besides, they were strongly embittered against each other and fought for supremacy.
No unpleasant event marred the enjoyment of this occasion. Of course, the peace officers remained during the day, for the same duty as extra policemen are now employed on gala days. There was some whisky imbibed but it proved to be neither a claim club nor an anti-claim club exhilarant. Over the result in the ring, the club members had no incentive for crowing ; the other and minority side was serenely pleasant.
The result of this day's contest settled nothing, but it produced a salutary effect on the public mind toward peace. The members of the club present were strongly impressed by the event and those whose nerves were weak or who really cared nothing for the land contest at issue realized that deep red fighting blood filled the veins of the anti-club minority. There was no longer doubt in the mind of anyone that if the issue came to a gun to gun contest there would be killing done quite surely on both sides. And this leaven accomplished its work the next two or three days.
The following week, the tenth day after Jones had served the club's notice on Guye, about forty members of the club met at the house of Silas Barns, to devise means of punishing Guye, in case he should not by that day have deeded the land in question to Bowman. They met at 10 o'clock in the forenoon and Bowman reported that no deed had been tendered him. Barns lived in a cabin west and near the spring on section 13, in Douglas Township. This cabin burned in December, 1851. It was in the edge of the timber. The forty members present remained there in consultation and disagreement over what to do or whether to try to do anything, until 2 o'clock, at which time they moved in a body south up on top of the dividing ridge and along the ridge northeasterly.
In the meantime the anti-club men had organized and to the number of seven-
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teen were in session at the double log house of Samuel Guye, which stood on the southwest quarter of the northeast quarter of section 7 in (now) Union Township. Samuel Guye was chosen captain and commander. Meeting early that morning, Calvin Smith was chosen to do picket duty, to watch the move- ments of the club force and report. The anti-club men had one strong marine glass and also a lesser glass, which gave them the great advantage of not only observing their enemy closely at a hidden distance, but identifying each individual and the gun he carried. The club force had no glass.
Each side was armed, every man with a rifle that carried about two hundred yards. Besides a rifle, most of the men on both sides had smaller arms, as pistols and knives. The club force carried a fine six-foot American flag, made by the women especially for them.
When the club force turned on the divide northeast, the scout reported the movement and Nimrod Taylor was sent on horseback with an immensely large red bandanna handkerchief fastened to a small pole for a flag. As rapidly as his horse could run he went toward the club force. When the club force first saw him and his flag, they were on section 18. Union Township, land later owned by Samuel B. Johnson. Then they stopped to await the approach of the man with the red flag, who had no gun in sight. Taylor halted before getting within gunshot range of the company, waved his red flag in a beckoning manner to come on : then waved his hat in the same way. then both hat and flag at once in like manner.
The club force remained standing and in consultation some time. Little more than half a mile in front of them, across an open prairie, there was a masked enemy of unknown number, in a position of their own choice, equally well armed and would surely shoot to kill. They must ride to the attack across an open prairie to the edge of a timber where their enemy was behind buildings, fences and other protection.
The club force slowly about-faced and returned toward Barns' place, separated and returned to their several places of abode. The war was ended. The Madison County Claim Club history then abruptly closes.
Those members of the club present on the day of the battle that was not fought were: Captain, Charles Wright; Silas and Hiram J. Barns, William Gentry, William and Thomas Sturman, James, Vincent and Hezekiah Brown. David D. Henry, John Butler, James and Lemuel Thornbrugh, Samuel and Joshua Casebier, David Brinson, Leonard, David and Reece Bowman, James Brewer, William Brunk, Alfred Q. Rice, Sherwood Howerton, Daniel MeKinzie. Noah Boshop, - Whited. Samuel Folwell, Andrew Waymire, Charles and Isaac Clanton, N. S. Alleock, Mesheck Casteel and eight other names, forty in all.
The anti-club force fortified at Samuel Guye's were: Captain, Samuel Guye ; James and George Guye, Henry Rice, James B. Bedwell, Calvin Smith, Levi Smith, William Stinson, Joseph K. Evans, William and Silas Hinshaw, William and Joseph Combs and two brothers named Mendenhall-total seventeen.
Some time much later, one day in Winterset, George Guye hunted up and bought a coon skin, took it over to John Brewer's blacksmith shop southeast of the square, a block, where he knew the former captain of the claim club was having some work done. Wright had entered his claim by a Mexican war bounty land warrant. So Guye offered him the coon skin for any land warrant
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he might get for his services in the Madison County Claim Club war. While displaying his coon skin to Wright the latter got in the first lick and it counted. At it they went, furiously, but Brewer was a good man himself and finally parted them. No one ever heard that Guye ever offered any more coon skins on such terms.
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