USA > Iowa > Marion County > Pioneers of Marion county, consisting of a general history of the county from its early settlement to the present date. Also, the geography and history of each township, including brief biographical sketches of some of the more prominent early settlers > Part 4
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" BY-LAWS.
" At a meeting held at the house of Jesse Johnson, in Perry township, Marion county, State of Iowa, on Saturday, the 19th
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day of August, 1848, Peter Brans was called to the chair, and James M. Brans was appointed secretary. The object of the meeting being stated, the meeting then proceeded to adopt the following preamble and resolutions:
" WHEREAS, It has become a custom in the western states, as soon as the Indian title to the public lands has been extin- guished by the general government, for the citizens of the United States to settle upon and improve said lands, and here- tofore the improvement and claim of the settler, to the extent of three hundred and twenty acres, has been respected by both the citizens and laws of Iowa.
" Resolved. That we will protect all citizens upon the public lands, in the peaceable possession of their claims, to the extent of three hundred and twenty acres, for two years after the land sales, and longer, if necessary.
" Resolved, That if any person or persons shall enter the claim of any settler, that he or they shall immediately deed it back again to said settler, and wait three years without interest.
" Resolved, That if he refuses to comply with the above requisitions, he shall be subject to such punishment as the settlers shall choose to inflict.
" Resolved, That we will remove any person or persons who may enter the claim of any settler and settle upon it, peace- ably if we can, forcibly if we must, even if their removal should lead to bloodshead, being compelled to do so for our own common safety, that we may not be driven by ruthless speculators from our firesides and our homes.
" Resolved, That a committee of five be appointed to settle all differences that may arise."
Here follow the names of this important committee, and a resolution appointing a captain. Then a concluding resolu- tion, ordering the publication of these proceedings in certain newspapers favorable to the cause.
The next meeting (the only one we have any record of besides
P
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the above) came off at the same place, on the 9th of September of the same year, at which the following additional resolutions were adopted :
" Resolved, That each settler that applies first shall have his or her name registered, and if any two claims should con- flict, then it shall be the duty of the second settler for the same piece of land to call the committee together and bave the matter settled; and each settler that expects the benefit of these resolutions, must have his or her claim registered by the 20th of the present month.
* * * % -
" Resolved, That it shall be the duty of each settler to sign these by-laws, and he that refuses to do so, cannot, and shal not be protected by us.
" Resolved, That any settler who may have signed these by-laws, and refuses to render service when called upon by the proper officers, and without a reasonable excuse, shall be fined the sum of ten dollars, to be divided among those that may have rendered the service necessary."
A lieutenant and ensign were elected at the conclusion of this meeting, but their duties are not prescribed.
Appended to this venerable document are the names of thirty-five settlers. Two more who, though their hearts were in the cause, were omitted, for prudential reasons that may not appear on the face of the instrument, when it is known that they held the civil offices of justice of the peace and constable.
Such a company of strong, resolute men, united in a com- mon cause, to which they were the more attached because it affected their home interests, might seem sufficient to strike terror to the heart of any lonely speculator who might have strayed into the settlement and made choice of some valuable tract claimed by one of the number.
Without doubt, the intent of the claim law was to secure to actual settlers the lands in small portions, so as to facilitate the
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rapid settlement and improvement of the country, thereby increasing its wealth and strength, a result slowly reached through the impediments of speculation. Yet there was no law forbidding speculation in these lands, nor even the enter- ing of claims belonging to actual settlers without due compen- sation to the owners ; and to supply this want these by-laws were instituted. Though the settlers were admitted to the first choice, some regulations were necessary to secure them in their possession after they were subject to entry. Though conducted very much upon the mob principle, their intent was legal so far as it went to enforce the intent of the law. Going beyond this, they were very mobs without any legal authority. But as an auxiliary to the enforcement of the law itself, these by- laws must be regarded as the best thing that could have been gotten up. Indeed, they were but the natural result of the then state of things. They placed the law in the hands of who were directly interested in its enforcement, without which we have reason to suppose that it might have been nearly a dead letter upon the statute book.
When the lands came into market, and speculators and other buyers made their appearance, the settlers naturally became suspicious of their motives, and these suspicions were founded on some practical reasons. Many of the settlers had made improvements on their claims, and valued them accordingly. In case they were not prepared to enter them, they did not wish to part with them for less than what they decmed them worth. Yet these claims were subject to entry, and as there was no law forcing the purchaser to pay more than the $1.25 per acre he paid to the government, it depended upon his mag- nanimity whether he would pay more or not. Some men cannot afford to be magnanimous without the authority of law. They cling to the letter of it so long as it suits their convenience; and it did not suit the convenience of some of these specula- tors to pay twice for the same property. The little cabin that
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constituted the poor settlers home, and the ground on which he had cultivated a few crops of corn and vegetables, and the fence that enclosed them, were of much greater value in the estimation of the occupant, than of him who might have been. already the possessor of large landed estates, and who could easily secure other tracts equally as good, and unoccupied a lit- tle farther west. If he ente: ed the land regardless of the set- tler's rights, and refused to pay him what was deemed a just compensation for his labor, or indeed anything, the only reme- dy was the club law; and, as intimated in some of the resolu- tions just quoted, it was somewhat dangerous to disregard its authority. An instance of this will be the subject of another chapter.
As it appears in one or two resolutions, differences between settlers relative to claims, were settled by arbitration. All de- cisions by such a court were considered final. There was no other, neither above nor below it, to appeal to. In case either of the contending parties should refuse to submit to the deci- sion of the arbitrators, and continued to make himself trouble- some about the matter, his case was submitted to Judge Lynch, where it was apt to end. Any claim holder not a member of a club, was not entitled to the benefits thereof ; and, further- though perhaps not a universal rule,-any such person positively refusing to subscribe to, or comply with, the rules and regu- lations of a settlement, as set forth in its by-laws, thereby indi- cating an opposition to them, was subject to a species of ostra- cism difficult to endure in any country, much less in a new and sparsely settled district, where the conveniences of social in- tercourse were occasionally felt to be indispensable. Against such an offender " non-intercourse " was declared, which with- held from him all aid and comfort, either in sickness or in health. Such a punishment was apt to be severely felt, and, sooner or later, would bring the rebellious individual to terms.
But strict fidelity to the facts of history will not permit us
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to say that the spirit of monopoly was confined entirely to speculators. Many settlers were not content with the amount of land the law entitled them to, but made pretended claims to so large a portion of the territory that, in some instances, it was difficult for a buyer to find an unclaimed lot. Of course such claims were without improvements, but the pretended claimants, by representing themselves as the real owners thereof, would frequently impose upon some unwary buyer, or, by threats, extort from him sums, varying in proportion to the supposed value of the claim, or whatever sum could be ob- tained. For an instance of this, part of the land on which the author resides was once a pretended claim, for which the present owner was compelled to pay a small sum, he having entered it after learning by due inquiry that it was unoccupied. In this case, the club followed him and another individual named Brown, who was charged with a similar offense, as far as Oskaloosa. Brown stubbornly refused to comply with their demands, and went his way, whilst J. C. Donnel, who had offended to the amount of eighty acres, satisfied the claimants, for the time being, with a note of hand for thirty-five dollars, the half of which was afterwards paid upon compromise of the parties. Judgment had been rendered for the whole by J. D. Bedell, justice of the peace, at Red Rock, but rather than carry the case to the district court, each agreed to divide the differ- ence, and pay his own cost.
We mention this case somewhat particularly, because it was about the last demonstration made by the club, which soon after mutually abandoned its organization, as a thing no longer needed in the eastern part of the county. This was in 1848.
4
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CHAPTER VII.
The Majors' War.
But perhaps the most notable event connected with claim troubles, occurred just previous to the date mentioned at the close of the last chapter, and as such deserves a full account, under the above title, by which it has ever since been known.
Some time during the year 1844, a family by the name of Majors emigrated from the State of Illinois, and settled in the western part of what is now Mahaska county, and formed what was known as the " Majors' Settlement."
This family consisted of five brothers, two sisters, and their mother, a widow. One of the sisters was also a widow, and had two sons eligible to secure claims. In all, there were ten persons, each of whom claimed three hundred and twenty acres of land, amounting in the aggregate to five sections.
Having secured their claims, they were among the first to or- ganize a club in that settlement, and adopt rules and regula- tions for the government and protection of claimants. But in 1847, when the land sales opened, one of the brothers, Jacob H. Majors, who seems to have acted as agent for the family, entered all their claims; after which, having abundance of means at his disposal, he proceeded to enter some timbered claims, belonging to John Gillaspy, Jacob Miller, and Peter Parsons. His plea was that he did not know they were claims; but, after being informed that they were, he still evaded mak- ing restitution according to the rules of the club.
When the report of these transactions spread abroad, it crea ted no little excitement among the settlers, based upon fears for the fate of all their claims. That the Majors were a wealthy family, seemed now unquestionable; and, if not checked in
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their strides toward a land monopoly, they might continue them, to the ruin of many settlers; and their example might embol- den others to do the same, and thus neutralize the real purpose of the claim law.
In view of this alarming state of things, the clubs convened, and passed resolutions denouncing the conduct of Jacob Majors, and decided upon a concerted movement to force him to deed back the claims above mentioned, should he refuse, after being duly admonished to do so. It was supposed he had many friends, who might back him in a refusal, and show some hos- tility in his defense; and this was the cause of the general upris- ing of the settlers in behalf of their rights. The central com- mittee sent word to the various clubs, requesting them to meet at the residence of Jacob H. Majors, for the purpose of indu- cing him to make the required settlement.
At the time specified for this meeting, the exact date of which we have not been able to obtain, a large number of people collected there, and remained all day, awaiting the return of Majors, who was at Oskaloosa, attending the county commis- sioners' court, as a member of that body. A message had been sent him, desiring his presence for the purpose above stated; and it was supposed he would make his appearance in the evening.
,
During the day the crowd was increased by fresh arrivals and no little excitement prevailed on learning that the offender was absent, and that doubts were entertained of his return that night, and of his willingness to comply with the demand for settlement. In order to induce him to come home, he was informed that ifhe did not appear before sunrise the next morn- ing, his property would be destroyed. When night came with- out bringing the incorrigible Majors, after having sent the above threatening notification, it was evident that something more than gentle coercion would be necessary to bring him to terms
At night some of the company went home, but most of them remained, and camped on the ground, to see what would be the
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result; though we are informed that it was not the design of most of them to execute the threat. And it is quite probable that Majors also regarded it as a mere threat, believing that no one would dare to render himself liable to punishment, for a crime of such a grave character, and he therefore resolved to risk it.
But early in the morning the log stable was discovered to be in flames; and soon after, the corn cribs and other granaries, all of which were consumed, with their contents. There was no live stock in the stable, but a number of hogs were either burned, or killed by the more excitable members of the mob, who were not disposed to make idle threats.
Majors, now hearing that his property was being destroyed, sent a promise that he would deed the land back to the claim- ants; and under this promise the settlers dispersed to their homes.
But in a few days, Mr. M. having reconsidered his promise, not only failed to fulfill it, but had warrants issued for the arrest of some of the more prominent leaders of the mob. Peter Parsons was arrested and taken to Oskaloosa, and the report went abroad that he was in jail there, and that the sheriff of Mahaska county was in pursuit of about fifty others, against whom indictments had been filed, among whom were Geo. Gillaspy and John B. Hamilton.
All this was calculated to arouse the indignation of the people to a degree that rendered it unsafe for Majors to remain at home, and he found it prudent to keep out of the way of the settlers as much as possible. Hereupon the settlers called an- other meeting, to rendezvous at Durham's Ford, and from thence to go to Oskaloosa, release the prisoners, and punish Majors. It was late on Saturday when the summons came. ยท Next morning a large number collected at Knoxville, armed and equipped, and resolved to stand by the settlers' rights at all hazards. A flag was prepared, showing the " stars and stripes," and inscribed in large letters, " Settlers' Rights."
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This company reached the neighborhood of Durham's Ford that day, and remained there until the next. some camping out, and some putting up at houses in the neighborhood. Here large accessions were expected, which came in that evening and the next morning, from both counties, some on horseback, and some in wagons, swelling the number to about five hun- dred. When all were together, and organized in a kind of military order, with arms, flags, fi e, and drum, they presented a somewhat formidable appearance. To render it still more so, and. to make an impression that would be the more likely to secure the object of the expedition without serious difficulty, the horsemen were drilled as cavalry, by a Mr. Mulkey, who had seen some service in the Mexican war.
Thus the army marched into Oskaloosa, reaching that place at about the time the prisoner was to be tried. The arms were deposited in the wagons, under guard, and infantry and cavalry formed in the public square. When this formidable demonstration was observed, and its object made known, the trial of Parsons was indefinitely postponed, and he was released without bail, though he had not been confined in jail, as was at first reported.
I. C. Curtis, more recently a citizen of Pella, as spokesman for the settlers, stated the object of the visitation, and was answered by a Mr. Harbour, of Oskaloosa, on behalf of the authorities. Then followed other speeches and replies, that consumed the afternoon, and tended, and probably were intended, to kill time, and thus give excitement a chance to cool, rather than to effect any definite compromise.
During all this time Majors was there, but invisible to those who most desired to see him. But in the evening he again promised to comply with the demands of the settlers, and next morning redeemed his promise by furnishing deeds to those persons whose land he had entered. Whereupon the army disbanded, and returned home.
This, then, was regarded as a treaty of peace-a final con-
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clusion of the war. It was all that had been contended for. But Majors was not satisfied with such a conclusion. He was in a rage, considering himself a persecuted man, and the fire of revenge thus kindled in his breast rendered him rash, and regardless of consequences. A mob had followed him, de- stroyed his property, and forced him to surrender. The law was, therefore, evidently in his favor, and to the law he would appeal. Though the offense of Majors was such as to demand redress, and his persistent refusal to grant it voluntarily, ren- dered compulsion the only means that could be employed for that purpose, yet, as a means unauthorized by civil law, the uprising could hardly be dignified by a better term than mob ; but we are not prepared to say that in all cases a stigma should attach to the term ; and reason will back us up in the conclu- sion that, in the absence of any civil law to right a flagrant wrong, mob law is right.
Not long after this, Majors made preparations to bring the matter into court, but such was the unpopularity of his course, that it was found almost impossible to secure the arrest of per- sons indicted. Just previous to this, John M. Jones, who was, politically, on the winning side, was beaten in an election for , sheriff of Mahaska county, solely because he was a friend of Majors. The officer who was authorized to make the arrests was kind enough, whenever he conveniently could, to notify the intended prisoners when he should call for them, and con- sequently, when he did call, they were often absent, and their whereabouts unknown.
Majors was repeatedly advised not to appear against them, but he persisted in so doing, and thereby subjected himself to the accumulated wrath of his enemies. He having added in- sult to insult, they were now determined to punish him at all events. For this purpose a select company was sent in search of him, with orders to seize him wherever he could be found, and convey him to Knoxville. Majors, conscious of his dan-
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ger, did not remain at his home, but frequently stayed at Dr. Buyer's, a few miles south-west of Oskaloosa. To this place the detachment went, but not finding him there, they contin- ued the search till they discovered him in Hallowell's saw mill, near the mouth of Cedar creek, a little south of Bellefon- taine. He was at work in the mill, sawing his own lumber, and it was observed that he kept a gun near him, and carried it with him as often as he had occasion to leave the mill, if only for a moment. Thus it was evident that great caution was requisite to effect his capture without serious consequen- ces. To this end the men secreted themselves near by, and sent one of their number, who was an entire stranger to him, to decoy him out, if possible, or throw him off his guard, till the others could steal in and seize him. The plan proved quite successful. Majors was soon engaged in conversation with his visitor, who had come to inquire after estray horses, in the meantime getting between the former and his gun, without exciting any suspicion. .
Now was the crisis! Ere the victim was aware of the pres- ence of another person, he felt himself seized by strong hands and carried out of the mill. As speedily as possible they placed him upon a horse, tied him on, and then set out for Knoxville. On their arrival there another select committee took charge of the prisoner. They were blacked, so that their identity could not be easily ascertained; and to this day, but few of those known to the circumstance can give their names. Perhaps for prudential reasons, this is kept a profound secret, for Majors still lives in Missouri, and might yet be disposed to avenge the insult he was then made to suffer.
By this committee he was taken about a mile north of town, at, or near the present site of the county fair grounds, where a preparation of tar and feathers was in waiting. Here they stripped him of all his clothing, and applied a coating of the tar and feathers to his naked body. Over this they drew his
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clothing, and then completed the job by adding another coat- ing of the same materials, giving to the wearer a very portly appearance. He was then permitted to go his way, with the admonition never to repeat the offense for which he had been thus severely punished.
Instead of taking a more private route homeward, to avoid being seen in his ridiculous plight, he passed directly through Knoxville, and took the most public road thence to his place. It was sometime during the night when he reached home, and in order to avoid frightening his family unnecessarily, he stopped at some distance from the house and called to them; and when he had thus aroused them he informed them of his condition.
Sometime afterwards Majors made another attempt at prose- cution, but was unable to bring his case into court for the rea- son that the court house was guarded at about the time set for trial, and every one, lawyers and witnesses, known to be for the prosecution, were egged away when they attempted to enter. Thus foiled again, he abandoned the case finally.
Not long after this the family sold their possessions and moved away.
Since the above was written, the following additional account appeared in a communication to the Voter :
" After receiving the generous coat of tar and feathers, Ma- jors was indefatigable in his efforts to prosecute and convict the leaders in the various raids against him. The state of feeling, as exhibited in the late proceedings in the vicinity of Knoxville, affording but little prospect of success in Marion county, he resorted to the courts of Mahaska, where he fancied a more favorable tone of public sentiment existed. After a number of failures, he finally succeeded in obtaining bills of indictment against a number of individuals who had been dis- turbers of his peace during the claim difficulties.
" A young man named Bush was among those indicted. Bush had incautiously allowed himself to be arrested, against a
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well understood arrangement, and entered into bonds to appear at the term of court then next ensuing at Oskaloosa. Notwith- standing this violation of the rules by Bush, his friends re- solved to stand by him, as they were solemnly pledged to aid and assist their friends in every emergency growing out of their difficulties.
" Accordingly they arranged matters for the approaching trial. One of their number, who very strongly resembled Bush in personal appearance, was chosen to represent him dur- ing the trial of the case. This was a bold step, but they ventured upon it.
" At the sitting of the court, Bush and his substitute were surrounded by their friends. When the case was called, the pretended Bush responded, took his seat in the criminal box, and plead " not guilty " to the indictment; but when, in the progress of the suit, it became necessary to identify the crimi- nal at the bar as the real offending Bush, the similarity be- tween the two individuals became at first embarrassing, and then inexplicable, and caused no little delay in the proceedings, and the court finally lust its temper, and dismissed the case. The ruse was a success, and the case was literally laughed out of court, to the utter confusion of Majors and his attorneys, who were unprepared for this sharp practice.
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