USA > Iowa > Boone County > The history of Boone County, Iowa, containing biographical sketches war records of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, history of the Northwest, history of Iowa, map of Boone county etc. > Part 42
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It was a perilous act for any one outside of these claim clubs to take a claim in any of the more desirable parts of the county, lest he should settle upon or interfere with some club member's previous claim or interest, and if such a thing did occur, no matter how innocent he may have been as to his intentions of intruding, in all such cases the non-initiated could do nothing but give up his claim, improvements and all, either peaceably or through compulsion of the combined force of the club, and resignedly seek elsewhere for lands. If he did not feel like submitting to this treatment, his only hope was to join the club for protection and advice, and thus be admitted to the secrets of its plan of working.
. In many instances these claim clubs did good service when the enforce- ment of law and order seemed otherwise impossible in protecting settlers in
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their rights of home and property. While on the other hand, doubtless, a good many honest and innocent persons were caused to suffer serious loss and inconvenience through the workings, and sometimes unfair means of these clubs.
The very best intentioned organizations and individuals sometimes make mistakes in running to extremes, and cause injury to others by that which was only originally intented to be beneficial. Especially is this the case where so many different minds and dispositions are united to govern one organization.
So it was, to a greater or less extent, with these early claim clubs. While the chief design in their work was the mutual protection and benefit of all the members and the proper settlement and development of the coun- try, the injudicious, selfish members sometimes caused the institution of means that resulted in the injury and oppression of the innocent.
But professional claim-jumpers were plentiful, as well as very shrewd and persistent in their modes of working to get the advantage, and these organized clubs seemed to prove the only effectnal checkinates for them. In this respect, therefore, the latter accomplished a good work and afforded a formidable defense.
These clubs existed in almost every community and were by no means a new institution when first introduced here. The claim rights of settlers were then regulated by what was called the claim law, which had its origin in Jefferson county, and was in a certain sense sanctioned by the legislature of 1839.
The plan of organization was very simple A captain was selected, and each member of the club signed a pledge in the form of by-laws; and these by-laws form a curiosity well worth reading.
In addition to a captain whose duty it was to direct the action of the club and act as a general executive officer, the club had another officer still more important, whose duty it was to attend the public land sales and bid off such tracts of land as he was directed to purchase by order of the club. These organizations usually embraced the settlers and claim holders of one particular neighborhood, or voting precinct, and as the by-laws of the dif- ferent clubs were similar and their interests identical, they were accustomed to aid each other in enforcing the claim-law for their common benefit. The following by-laws of a club in this vicinity are reproduced to show the plan of operation :
Resolved, 1st. That we will protect the claims of each other on the lands of the United States respectively, by using all proper means to assist each other to purchase our claims from the Government, and that we will use every effort to prevent any one from buying any claims who is not a proper owner thereof.
2d. That if any one shall enter any claim belonging to another, he or they shall not be considered a citizen and shall be discountenanced by us.
3d. That a committee shall be appointed, consisting of five persons, to settle all claim disputes; that any party to a dispute may have the privilege of objecting to any one or all of the committee; that it shall be the duty of said committee to appraise the lands so wrong- fully entered as aforesaid; that the money paid to the government for the same shall be de- ducted from the appraised value thereof, and that the person so wrongfully entering lands shall be compelled to pay to the rightful owner of the claim the overplus; that said commit- tee shall have power to fill any vacancy in their body by appointment.
4th. That only 320 acres shall be protected as aforesaid, and that any part thereof being entered or bought of the Government by the proper owner shall not entitle such claimant to extend the boundaries of his claim.
5th. That any non-resident owning a claim in this territory shall be entitled to the ben-
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efits of these by-laws upon agreeing to render the same assistance to the club as others in- terested.
6th. That any neighborhood in this county, or contiguous to this territory, shall be en- titled to the benefits of these regulations upon agreeing to render like assistance to this neigh- borhood.
7th. That the secretary of this meeting shall be ex-officio clerk of the neighborhood, and shall have charge of all books and papers pertaining thereto.
8th. That the clerk shall keep a record of the boundaries of all claims presented to him in writing, and shall file in his office the said descriptions.
9th. That the oldest record of a claim shall be prima facie evidence of ownership, pro- vided no person shall be bound to have the boundaries of his claim recorded previous to the 15th day of September next or within twenty days after making same.
10th. That all transfers of claims shall be registered within twenty days after said trans- fer.
11th. That a bidder for said club shall be appointed, who shall bid off any tract or tracts of land as may be directed by any owner or claimant, or the committee, in case of a dispute.
12th. That the committee shall be sworn to perform their duties faithfully and impar- tially, and that each witness shall be sworn in like manner as in a justice's court.
13. That the committee shall have power to appoint a meeting of the club when, in their discretion, the exigencies of the case require it.
As a rule, land speculators and others had very tender consciences, which prompted them to respect the rights of the early settler when he was a member of one of these organizations. A certain club had among their by-laws the following :
Resolved, 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 un- der 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.
Notwithstanding this, there were occasional instances in which persons dared to contend with the clubs, but the " logic " proved too much for them on the " home stretch."
In order to illustrate the condition of affairs at that time and show what kind of tactics was sometimes resorted to, we reproduce an article which was written for the " Whig and Register " some thirty-five years ago, by a gentleman who now resides in a neighboring county, entitled " A Border Sketch."
Traveling, last summer, through the frontier counties of Iowa, and one day becoming somewhat weary, I put up a short time before night, at the principal inn of a little town which for the present incident I shall call Cambridge. Supper not yet being ready, and finding my hotel somewhat deserted, I concluded to take a stroll through the village, and, ceeing quite a crowd collected about a common covered wagon which stood in the direc. tion I had taken I soon mingled among them, hoping to gain some infor- mation, or, perchance, to see some familiar face. My acquaintance, how- ever, did not embrace any of the crowd, though I cannot say I did not receive some information.
The wagon contained two men; one a regular-looking, out-and-out front- iersman; the other a merry son of Erin, who seemed to enjoy everything and rejoiced that he lived, which perhaps was the result of himself and his companion being fully " half-seas over."
They were on their way, or rather intended to proceed, to the land-office at Fairfield to secure the title of some government land, and, as is some- times the case with men in their condition, were very independent citizens; plenty of money, whisky, good span of horses and a wagon, they felt them-
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selves a little above the ordinary, and of course ouly condescended to hear what some of the crowd had to communicate to them.
It seems, as I learned from a good-natured Hoosier, and a clever fellow, (I always stick to first impressions), who stood looking on, that the team had then and there been stopped by the good citizens to "argue the ques- tion," as Jack Easy has it, as to the propriety of their entering the certain tract of land for which purpose they had started, upon the ground that the "claim" belonged to another person.
Through the influence of this other person, the citizens generally had given judgment in his favor; and if Judge Lynch was not presiding, it was because the "committee" were not present to order summary justice to be done, all governments, I believe, taking measures to prevent the commission of offenses as well as to punish the offender.
Our teamsters were quietly requested to return and abandon their pur- pose, expostulated with and even threatened with subsequent punishment if they persisted in and accomplished their designs, but all to no purpose; go they would, and as yet they had done nothing more than declare their intention, it was deemed sufficient to administer to them but light spéci- mens of retributive justice.
Accordingly, some half dozen began quite a pleasant conversation with our patrons of the liquor-dealer at the front end of the wagon, while the hinder wheels, through the quiet efforts of some half dozen more, were un- dergoing the process of losing their linch-pins.
This being accomplished, they were permitted to proceed in the even tenor of their way.
Nature seems, and wisely too, to have constituted all men differently, and, allowing the "claim-jumpers" to have been "tenants in common" and alike partakers in the contents of the jug, the effect produced upon them fully justified that, even in this case, there was no exception to the rule, --- the one being in his opinion much more intelligent, wealthy, generous and capable than the other, and in consequence of thus being the tighter, as a matter of course insisting in his ability, took command of the team, and they thus proceeded on their "winding way" anxiously watched by a num- ber of urchins and "big boys" to witness their discomfiture.
Now it so chanced that when they had driven about a mile the horses seemed inclined to take a right-hand road which diverged from the right one, slightly at first, but finally led off and was lost in the bottom timber, such as is very common in that region, and which more than once betrayed me, ere I knew it, into a settlement of stumps.
They proceeded on their wood-road out of sight without any disaster, much to the chagrin of many of the watchers, and after a short walk I re- turned to the hotel.
About sunset my attention was arrested by a shout of boys, and stepping to the door, I discovered, in the same direction it had come in the after- noon, the wagon-minus, however, both hinder wheels, by reason of which the axles were doing ample justice in the moist earth.
The wagon being again surrounded the soberer inmate recognized a face among the crowd.
" Hallo, Young," said he, " is that you ?"
" Aye, aye," replied Young.
" How long have you been here?"
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HISTORY OF BOONE COUNTY.
" Do you mean since I came here?"
"Thunder! yes."
" About three years."
"Thunder, Young! you needn't think I am drunk. Didn't I see you in Cambridge to-day ?"
" You did. I think you must have made a quick trip to Fairfield."
" To Fairfield! Why, Young, you must be drunk. Ain't we in Fair- field ?"
"Fairfield! No sir; you are in Cambridge."
"Cambridge-the devil! Why, Young, you know there's no hillside like this in Cambridge-no sirree! I'm not that drunk yet, Young."
"Indeed, sir," said Young, " your hind wheels are gone; you are on the level ground-it's only your wagon-bed."
" Oh, Young, don't be trying to fool a feller this way? That cuss didn't get you to come here to keep us from entering that land!"
" Just stick your head outside your wagon-cover and satisfy yourself where you are," replied Mr. Young.
Crawling up to the end-gate and taking a view, he began to realize the truth, drunk as he was, that they had only been winding about through the timber, and were no further advanced now than in the middle of the after- noon.
Turning to his companion, "Patrick!" shouted he, "we've played the devil! Here we are in Cambridge yet, and the hind-wheels gone-stir up here!"
Patrick, however, who had some time before released the reins, was close bordering on dreamland, and only muttered out to "dhrive on, and don't be a-jawin' thravelers."
Patrick's companion, finding himself called upon to exercise some judg- ment to extricate themselves, signified his intention to return on the track of his axles in search of his wheels.
Sundry remarks from the crowd that they, the men of the two-wheeled wagon, were puppies, dogs, cowards, etc., had the effect of bringing Pat- rick's companion on terra firma, and there, divesting himself of coat and hat, very unsolemnly made oath that he could whip any man who said such things of them, and thereupon elevating both feet from the ground at the same time, made an effort to smack his feet together.
Finding that no one would brave the danger of making any of the charges to his face, he gathered his apparel and started in search of his wheels.
Tracing in the dust, and by the aid of a friendly moon till he could no longer observe the marks, he set abont a search for the wheels, and after a fruitless search of an hour or more returned to town to find his wagon up- set and Patrick still in it and occupying the bows for a pillow; he seemed, however, to be slightly opposed to the inverse plan of bedding, for on the reappearance of his companion with a " Hallo, Patrick," he only stammered out something about a "long trip " and "rough roads."
The truth is that when some of the boys found that the wheels were to be looked for they made a forced march, found the wheels and hid them away in the grass so that a sober man, in day time, would have been ex- cused for not finding them.
To cut short the facts of the incident, for facts they are, the two team- sters were taken to a convenient branch and there threatened with imme- diate immerson if they did not renounce their intentions, which they un-
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HISTORY OF BOONE COUNTY.
hesitatingly did. Patrick, however, was scarcely responsible for his promise on the occasion, even taking the duress out of the question, for on going to the branch, on which he required a " right and left scene sup- porter," he complained that there was "a divilish crowd wanten land."
Having, however, obtained their solemn promise not to meddle with the " claim " they were conducted to my hotel and provided with comfortable quarters.
Next morning they were duly sober, wagon top undermost, two wheels gone, horses missing and jug broken.
The same men who but yesterday had helped to do all this now assisted to restore everything that could be done by them, and the horses having strayed home the real owner of the claim who had been "about " all the time, actually lent them his horse and procured another from mine host, who, by the way, took no small part in effecting a reconciliation of the parties. They rigged again their team, and claim owner and claim-jumpers, side by side, started to their several homes.
Of course the names introduced in the sketch are fictitious, the name Cambridge being substituted for a town the correct name of which is well known to the reader.
The reader is doubtless aware that the original subdivision of land into townships and sections was made under the direction of the general gov- ernment, and was entirely independent of county organization. The sub- division of territory into counties was done by the direction and authority of the Territorial or State Legislature; the subdivision of counties into voting precincts or civil townships was by the direction and authority of the board of county commissioners or supervisors, but the subdivision of land into congressional townships and sections was entirely independent of all State or county authority, done by deputy surveyors appointed by the Surveyor-General and generally completed before the county was or- grnized.
The system of land surveys provides for the division of the country into small, square portions of uniform size, varying from that shape only when large rivers, lakes or sea borders make it necessary. To begin such a division of land there must of necessity be some fixed points to measure from. The first lines starting from such points are of two kinds: Princi- pal Meridians, running north and south, and Base Lines, running east and west. The surveys, of course, began in the eastern part of the United States where the country was first settled, and the first line established was called the First Principal Meridian. As the surveys extended further west other Principal Meridians were established. The land surveys of Boone county are reckoned from the Fifth Principal Meridian. The point which fixes the location of this line is the mouth of the Arkansas river; it runs due north through Missouri and the eastern part of Iowa and ends at the bank of the Mississippi river at the boundary line between Clayton and Dubuque counties. At a distance of six miles west of this line extends another line parallel to the principal meridian, and all the land lying between these two parallel lines is called Range One, West. At a distance of six miles from this second line extends another parallel line, and all the land lying between these two lines is called Range Two, West. and so on till we come to Boone county, the eastern boundary of which is the twenty-fourth line drawn parallel to the principal meridian; six miles west of that extends another line, and all the land lying between the two is
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HISTORY OF BOONE COUNTY.
called Range Twenty-five West. Consequently, in describing land, any portion lying in Garden, Colfax, Jackson or Harrison townships being between these two lines, is termed Range Twenty-five West.
The point which fixes the location of the Base Line is the mouth of the St. Francis river, in Arkansas. This line runs east and west and six miles north of it extends another line parallel to it; all the land lying between these two lines is called Township One, North. North of this second line extends a third parallel line and the land included between them is called Township Two, North, and so on till we come to the line formning the southern boundary of Boone county which is the eighty-first line, number- ing from the Base Line. Six miles north of this line extends the seventy- fourth parallel line, and Union, Peoples, Cass, Douglass and Garden town- ships lying between these two lines are in township Eighty-two, North. Garden township being in the southeastern part of the county and its boundaries corresponding with the boundaries of the congressional town- ship is described on the tax books and books of the real estate dealer as Township Eighty-two North, Range Twenty-five, West. Marcy township all lies in township eighty-three, but part of it is in range twenty-six and part in range twenty-seven, hence in describing a parcel of land it would not do to say section twenty-seven, Marcy township, because there are two sections numbered twenty-seven in Marcy township, and it could not be made to appear from the description which one was meant. Again, the names of the civil townships as well as their boundaries are liable to be changed at any time by order of the board of supervisors, but the name and boundaries of Township Eighty-three North, Range Twenty-six, West, cannot be changed by any action of county or State officials, and land designated by that description can be identified in all time to come; those numbers are not subject to the vicissitudes of municipal affairs, hence their employment in all real estate transactions.
In surveying lands it is customary and necessary to first run the town- ship lines. Upon investigation we find that the township lines of all the townships in Boone county were run prior to 1847. After the township lines were run then each township was subdivided into sections, which work was usually known as sectionizing. The work of surveying the public lands was in charge of the surveyor-general, who let the work to deputy surveyors. The deputy surveyors, who supervised the work in the various townships of this county, with the date when it was done, and also the time when the work was certified by the surveyor-general, are given herewith. A surveying party usually consisted of seven persons; one chief in charge of the instrument, two chiain -bearers, one stake driver, one flagman, one wagoner and one cook. The party generally worked every day, regardless of the state of the weather, and slept at night in a tent with which they were provided. This tent was usually pitched near the center of the town- ship, and here also were the provisions and cooking utensils. They usually took two meals each day, one early in the morning before beginning work and the other late in the evening after returning to camp.
The following is the record of the surveys of Boone county:
Township 83, range 25, surveyed in 1847, by Joseph Green, deputy sur- veyor; certified to by Henry A. Wiltse, surveyor-general at Dubuque, February 23, 1866.
Township 83, range 26, surveyed in 1847, by James Davis, deputy sur- veyor; certified to as before.
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HISTORY OF BOONE COUNTY.
Township 83, range 28, surveyed in 1849, by J. J. E. Norman, and certi- fied to as before.
Township 84, range 25, surveyed in 1847, by Thomas Harley, and certi- fied to as before.
Township 84, range 26, surveyed in 1849, by J. J. E. Norman, and certi- fied to as before.
Township 84, range 27, surveyed in 1849, by E. S Norris, and certified to as before.
Township 84, range 28, surveyed in 1849, by J. J. E. Norman, deputy surveyor, and certified to as before.
Township 85, range 25, surveyed in 1847, by Thomas Harley, deputy surveyor, and certified to as before.
Township 85, range 26, surveyed in 1849, by J. J. E. Norman, deputy surveyor, and certified to as before.
Township 85, range 27, surveyed in 1849, by E. S. Norris, deputy sur- veyor, and certified to as before.
Township 85, range 28, surveyed in 1849, by J. J. E. Norman, deputy surveyor, and certified to as before.
Township 82, range 25, surveyed by deputy surveyor Joseph Green, in 1847, and certified to as before.
Township 82, range 26, surveyed in 1847, by James Davis, deputy sur- veyor, and certified to as before.
Township 82, range 27, surveyed in 1849, by J. J. E. Norman, deputy surveyor, and certified to as before.
Township 82, range 28, surveyed by deputy surveyor J. J. E. Norman, in 1849, and certified to as before.
Of course no lands could be sold till they were surveyed, and as the sur- veys were not completed in the county till 1849, not much land was sold prior to that time. When one township was surveyed of course the land in that township could be sold, and as we have already seen that at least part of the township surveys were completed late in 1847, it follows that land in such townships was ready for sale in 1848. In examining the book of orignal entry we find that some twelve or thirteen parcels were sold by the government during the year 1848. During the year 1849 con- siderable land was entered. Probably more land was entered during the years 1854, 1855 and 1856, than during any three years since the county was settled. No land was entered prior to 1848; the land entered during that and the following years, together with date and name of purchaser follows:
Township 82, range 25, December, 1848, Jacob C. Overly; w. hf., and se. qr., and w. hf. of ne. qr., and se. qr. of ne. qr. sec. 21; also, sw. qr. of sw. qr. in sec. 22; also, nw. qr. of nw. qr. in sec. 27; also, ne. qr. of ne. qr. in sec. 28.
Township 82, range 26, October, 1848, William Sawyer; nw. qr. of sec. 1.
January, 1849, Jesse Hull; s. hf. of ne. qr., nw. qr. of se. qr., and ne. qr. sw. qr. sec. 1.
August, 1849, William Hull; s. hf. of nw. qr., ne. qr. of nw. qr., and nw. qr. of sw. qr. in sec. 2.
February, 1849, Richard Green; se. qr. of sec. 2.
May, 1849, Cadwallader Wallace; se. qr. of sec. 4.
February, 1849, Benjamin Williams; lot No. 3, and sw. qr. of sec. 4; also, ne. qr. of se. qr. and lots 1, 2 and 3 in sec. 5.
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HISTORY OF BOONE COUNTY.
May, 1849, Cadwallader Wallace; e. hf. of nw. qr., and nw. qr. of nw. qr., and lot 3 and sw. qr., all in sec. 10.
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