USA > Iowa > Mahaska County > The history of Mahaska County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics > Part 37
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10. Jackson township.
Ordered, That congressional townships 76, 77 and 78 north, 17 west, and that part of township 75 north. 17 west, which lies north of the Des Moines river, shall form a township to be known by the name of Jackson township, and the place of holding election shall be at the house of Benjamin T. Lonsberry.
11. Cedar township.
Ordered, That the surveyed congressional township which lies south of the Des Moines river shall form a township which shall be known by the name of Cedar township.
12. English River township.
Ordered, That the unsurveyed township which lies south of the Des Moines river shall be known by the name of English River township.
13. Lake township.
Ordered, That congressional townships 76 and 77 north, 18 west, and that part of 75 north and 18 west which lies north of the Des Moines river shall constitute a township to be known by the name of Lake township, the place of holding election to be at the house of Levi Bainbridge.
14. White Breast township.
Ordered, That all the unsurveyed part north of the Des Moines river shall constitute a township to be known by the name of White Breast township. Place of holding election to be at - Phillips'.
By comparing these descriptions with the county map it will be observed that the territory above described included a part of Monroe and Poweshiek counties. Subsequently, after the settlement and organization of these counties, Mahaska was divided into the present number of townships (15) corresponding for the most part with the congressional townships, save in the case of Oskaloosa township, which was combined with Spring Creek, and formed a single township, about twice the usual size.
Cedar, Richiland, Prairie, Pleasant Grove, White Oak and Black Oak townships are so named on account of certain physical features. The source of the remaining names is obvious, most being in honor of different presidents of the United States.
The township lines were run in 1843, and the section lines during the years 1844 and 1845.
We make the following extracts from the commissioner's books:
July 9, 1845.
Ordered, That the clerk of the board of commissioners of Makaska county, be authorized to negotiate a loan of two hundred dollars on the faith and credit of the town lot fund, for the purpose of entering the quarter section of land on which the seat of justice of said county is located, and to obtain the money on as good terms as he can, not to exceed twelve per cent per annum.
TERRITORY OF IOWA, ¿ MAHASKA COUNTY.
TREASURER'S REPORT. July 8, 1845.
Whole amount of taxes for A. D. 1844. $505.63
Collected 361.99
Leaving a balance unpaid of. $143.64
Fines collected.
15.00
Wx. D. CANFIELD, Treasurer of Mahaska Co.
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HISTORY OF MAHASKA COUNTY.
Probably the treasurer of 1945, as he distributes his hundreds of thou- sands, and perhaps millions, among the various departments of bridge, school, road, insane, contingent, poor, and a half a score more funds of the machin- ery of county government, in that day will look back over a century upon this report as incredible, or sigh for the day when one-tenth of his present salary was sufficient to maintain the county, while the treasurer had plenty of time to run a boarding house for his amusement, instead of racking him brain over columns of figures as long as one side of the county.
The best paid man of his day, seemed to have been the prosecuting attor- ney, as witness the following entry :
Allowed, Edward Thomas the sum of one hundred dollars for services as prosecuting attor- ney during the year 1844, and half the year 1845.
August 5, 1845.
The loan of two hundred dollars, above mentioned, was negotiated by J. W. Cunningham, clerk, from William Wilson, to whom was given the note of the commissioners, Harmon Davis, A. S. Nichols and Jacob H. Majors, with interest at 12 per cent per annum until paid :
TERRITORY OF IOWA, Lss. MAHASKA COUNTY.
This day, August 11, 1845, O. P. Higgenbothem and Thomas Buxton, having each received the same number of votes for the office of county surveyor, appeared at the office of the clerk of the board of commissioners, and waived the necessity of having written notices served on them, and said tie was publicly decided by lot as the law directs, and Thomas Buxton was duly elected.
The territory west of Makaska county under its jurisdiction, was proba- bly greater than most persons now realize. The following entry shows the jurisdiction of the county commissioners to extend to the point where Des Moines city is now located.
Ordered, That John Scott be permitted to keep a ferry across the Des Moines river at the mouth of Raccoon river, near Ft. Des Moines, by the said Scott paying the sum of ten dollars into the county treasury, and the clerk be authorized to give the said Scott license for one year from this date, and the said John Scott is hereby authorized to receive the following rates of ferriage :
Two horses and wagon. .3712 cts.
Four horses and wagon
50
One man and horse .. 1834 16
Single horse .10
Cattle, per head .. .08
66
Sheep and hogs, per head.
.05
Footman ..
10
The following intemperate entries occur during the spring term of 1846:
Received, of Jno. W. Jones, fifty dollars for grocery license from April 8, 1846 to April 8, 1847.
Oskaloosa, April 12, 1846.
Received, of Whetstone & Metter, fifty dollars to keep a grocery in Oskaloosa for one year from the 11th day of March, 1846.
March 11, 1846.
HENRY TEMPLE, Treasurer, Mahaska Co
Joseph Tally, was licensed to keep a ferry at a point called Tally's ford, being across the Des Moines river, on the same terms as that of Jno. Scott, above mentioned.
The assessment for county tax during 1846, was five mills on the dollar, and fifty cents on each poll. Territorial tax for the same year was three-
yours Inely nowy Smith
١
293
HISTORY OF MAHASKA COUNTY.
fourths of one mill. For school purposes a levy of five mills was made, this being the first mention of a school tax.
The assessed valuation of property in Makaska county, for the year 1846, was $85,871.00.
Whence:
County tax. $429.3512
671 Polls at fifty cents on each poll. School tax.
335.50 .
.
429.3512
Total $1194.21
March 5, 1847.
Ordered, By the board, that all that part of Union township, lying in the county of Powe- shiek, be and is hereby stricken off from Union township, and that the whole of Poweshiek county shall constitute one election township, to be called Poweshiek township, and that the place of holding elections in said township shall be at the house of Mahlon Woodward.
At a session of the board April 12, 1847, the following was passed:
Ordered, By the board, that after this date there shall be no license granted for the retail- ing of ardent spirits within the limits of Mahaska county, the poll books having been opened and the votes counted by the clerk in the presence of the board, and a majority of sixty-five votes found to have been cast at the April election against a grocery license.
During the same term occurs the following entry:
It having appeared from the poll books of the election held on the 5th day of April that a tie vote existed between John H. Wyatt and Allen Gibson, for the office of justice of the peace in and for Union township, and between Alexander Job and Geo. N. Duncan for the same office in Madison township: therefore, after previous notice having been given each of them by me that I would decide by lot which of them should be entitled to a certificate of election, on the 21st day of April it was decided that Allen Gibson should receive a certificate for Union township and Geo. N. Duncan for Madison township.
Previous to the summer of 1845 a bounty of fifty cents each was paid on wolf scalps, and during the winter of 1844-5 we find that the county commis- sioners issned no less than sixty-two orders, in amounts from fifty cents to $4.50, in payment for scalps. This was found a rather heavy drain upon a light treasury, and the bounty was abolished July 7, 1845.
For the year 1845 the amount of taxable property in the county was $64,273. The county tax collected on this at _ per cent was $321.363. Territorial tax at & mill on the dollar, $32.13. Number of polls was six hundred and fifteen. The poll tax being fifty cents, the revenne from this source was $307.50, making the entire county revenue for 1845 $628.863. The expenditures for the same year were $857.46. The deficit was proba- bly paid in county orders, which in the early times were worth from sixty to eighty cents on the dollar.
LAND SALES.
For all points in the southern half of Mahaska county the land office was at Fairfield, Iowa, and for the northern portion of the county the land agency was located at Iowa city. The first settlements were made in the southern end of the county, and the first land sales at Fairfield were held in July, 1846. Those who had entered claims were banded together for mutual protection. The sale of Spring Creek township took place July 4th. About forty different persons were in attendance from this township. For the most part these proceeded on foot, the entire distance being upward of
19
294
HISTORY OF MAHASKA COUNTY.
forty miles. Each settler was armed with a hickory club, and the endeavor was to appear as rustic as possible. One of the number, Mr. A. S. Nichols, was appointted as bidder, and the land was sold by eighty-acre lots. As soon as an individual's claim was put up he took his place beside Mr. Nichols, who immediately bid it off at $1.25 per acre. There was no com- petition, and the sales went off very rapidly. After the anetion each man stepped up and paid over the cash, when the whole party turned home- ward. It was the general understanding that if any outsiders should bid over $1.25 he would be made to understand the use of hickory clubs. No such bids were offered. The nearest approach to a difficulty was in the case of the elaim of Thomas Stafford, one of the founders of the Quaker settle- ment, who had settled upon an abandoned claim about one or two miles east of Oskaloosa. Mr. Stafford, belonging to a society of strong peace principles, had kept aloof from the club men, and really had no claim to their protection. This, perhaps, emboldened the men who had abandoned the elaim now improved by Stafford, for they appeared at Fairfield and made their boast that they would bid against the Quaker. The elub men, however, appointed a committee to wait upon the intruders, and the mnat- ter was quietly settled before the time of sale, partly by reason of the polit- ical considerations and partly by the threatening front of the settlers. The number of acres sold in Spring Creek township on that day was 11,350.
CLUB LAW.
As has been already indicated, the early settlers in Mahaska county, as elsewhere, were banded together in clubs for mutual protection, and to pre- vent the encroachment of land speenlators. These clubs existed in almost every community, and the claim rights of the settlers were regulated by what was called the claim law, that had its origin in Jefferson county, and was in a certain sense sanctioned by the legislature in 1839.
It must be remembered by the reader that some regulation for protec- tion and justice, and for the settlement of disputes beyond the courts of justice, was necessary in those days, for courts were frequently fifty miles from the place of dispute, and difficult of access. That the modern Mahas- kian may understand the by-laws under which their forefathers adminis- tered the claim law, we give the following sample document providing for the regulation of a settlers' club:
WHEREAS. It has become a custom in the Western States, as soon as the Indian title to public lands has been extinguished by the general government. for the citizens of the United States to settle on and improve said lands, and heretofore the improvement and claim of the settler to the extent of three hundred and twenty acres has been respected by both the citi- zens and laws of Iowa.
Resolred, That we will protect all citizens upon the public lands in the peaceable posses- sion 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 refuse to comply with the above requisitions, he shall be subject to such punishment as the settlers see fit to inflict.
Resolved, That we will remove any person or persons who may enter the claim of any set- tler and settle upon it, peaceably if we can, forcibly if we must, even if their removal should lead to bloodshed, being compelled to do so for our own common safety, that we may not be driven by ruthless speculators from our firesides and homes.
Resolved, That a committee of five be appointed to settle all difficulties that may arise.
Resolved, That any settler who may have signed these by-laws, and refuses to render ser-
295
HISTORY OF MAIIASKA COUNTY.
vice when called upon by the proper officers, and without reasonable excuse, shall be fined the sum of ten dollars, to be divided among those that may have rendered the service necessary.
In one case a speculator from Iowa City, probably to his sorrow, discov- ered the truthfulness of the third of the above resolutions. He had en- tered and purchased the claim of a settler in the eastern part of the county, and when remonstrated with showed no conciliating disposition. A com- mittee of five was sent to Iowa City to interview the gentleman. IIe was brought to Mahaska county, stontly declaring he would not deed the land to the settler. Moral suasion failed. The club met. The speculator was taken to the banks of the Skunk. His feet were tied and he was thrown into the water with a rope attached to his body. Of course he was help- less, and sank. In a few moments he was pulled out, but still was quite sure he would not make a deed. A second experience and he was equally certain. A third, a little longer, and yet he thonght not, but being in- formed that the next time he would soak over night, he concluded to suc- cumb. He made the deed and received the full price paid for his land, less the amount necessary to pay the time and expense of settling his case, and the whisky drank by the crowd during the time of his inquisition.
Frequently in the early history of the county the action of the club was necessary in the settlement of small disputes and the protection of claim- ants. The most celebrated case of claim settlements in the county is familiarly known as the
MAJORS CLAIM WAR.
This took place in Jackson township, now called Scott. The Majors fam- ily, consisting of several brothers, two sisters, and their widowed mother, emigrated to Seott township, in 1844-the different members of the family making claims, there became quite a community of the same name, after- ward known as the Majors settlement.
Jacob H. Majors was the most prominent of the family, having been one of the county commissioners elected in 1845. He entered the lands for the entire family at the land sales, after which he also entered some claims be- longing to John Gillaspy, Jacob Miller and Peter Parsons, in 1848. Though Majors claimed he did not know these were claims, he failed to make restitution, and, of course, the club held a meeting and passed a reso- lution denouncing his action and decided on a general coercive movement to force a settlement if Majors did not "give in " upon remonstrance. Majors was not easily persuaded, and upon a certain date appointed, the several neighboring clubs met at Majors' honse. The crowd met in the morning to find that Majors had gone to Oskaloosa to attend a meeting of the county commissioners, and a messenger was sent desiring his presence for a peaceable settlement. Later a second messenger was sent, informing him that if he did not appear before sunrise next morning his property would be dstroyed. But Majors was fearless and incorrigible and did not make his appearance as desired.
At night some of the crowd went home, but most of them camped upon the ground determined to have some sort of settlement, though probably not at that time very strongly in favor of the violent measures which fol- lowed.
In the morning some of Majors' out-buildings were set on fire, and some hogs killed and thrown in the well by the more impulsive of the mob, who were disposed to do something more tangible than the making of
296
HISTORY OF MAHASKA COUNTY.
threats. Majors hearing of the destruction of his property promised to deed the land in dispute to the claimants, and on this promise the mob dis- persed.
But in a few days Majors' boldness led him to the rash resolution, not only to violate his promise, but to prosecute the leaders of the mob for whom he secured warrants of arrest. Peter Parsons was taken to Oska- loosa and reported to be in jail. The report was circulated that the sheriff of Mahaska county had warrants for the arrest of a number of others,
From the previous action of the settlers the reader will not be surprised to learn that the indignation against Majors was wide-spread and of such intensity that prudence kept Majors out of the way of the settlers as much as possible.
A rendezvous for the settlers was appointed at Durham's Ford, and on a certain Sunday morning they assembled there in large numbers. Here they remained until Monday morning, and large accessions to their ranks swelled their number to about five hundred. In military order, with arms, flag, and a band of military music, the army started for Oskaloosa, some on foot and some on horseback. The army reached the county seat about the time set for the trial of Parsons. The arms were stacked in wagons under guard, and the cavalry and infantry formed in the public square. Upon this rather formidable demonstration the trial of Parsons was indefinitely postponed and he was released, though he had not been confined in jail as had been reported among the settlers.
A meeting was called and the citizens of Oskaloosa invited to be present. I. C. Curtis was first spokesman in behalf of the settlers, and R. R. Har- bour in behalf of the authorities. Various speeches from both sides were made occupying most of the afternoon. Majors was secreted during this time in a room on the west side of the square and was within hearing of the speakers. We believe it was Judge Seevers who finally proposed to the crowd that Majors should make a promise to deed back the land, in con- sideration of which they would disband and return to their homes. This was acquiesced in by the army, and Van Delashintt, by Majors' request, went his security for the fulfillment of his promise. The crowd returned to their homes and Majors made the deeds.
Here the matter might have rested if Majors had been a man of any dis- cretion. But the desire for revenge was strong, and nursing his wrongs only sent the iron deeper into his soul. Again, he filed informations against his persecutors, but by the aid of friendly informants, they had little diffi- culty in evading arrest, the sheriff too being on the side of the settlers. Majors was repeatedly advised not to appear against them, but without avail. His obstinacy angered the club men quite deeply.
Abont this time Majors was employed in a saw-mill belonging to Hallo- well, and located near the mouth of Cedar creek. Here a committee of the club were sent after him with instructions to seize him and bring him to Knoxville.
Majors was here sawing his own lumber, and carried a gun with him whenever he left the mill, so that great caution was necessary in making the arrest without bloodshed. The men secreted themselves near by, and one of them, being a stranger to Majors, was sent as a decoy who was to engage his attention until the others could steal in and seize him. The ruse was successful, and while the stranger was making inquiry of Majors in regard to estray horses which he pretended to be hunting, and got be-
297
HISTORY OF MAHASKA COUNTY,
tween his victim and the gun, his comrades rushed npon Majors, carried him out of the mill, tied him upon a horse and set out for Knoxville. On their arrival another committee took charge of the prisoner. This com- mittee had blacked faces and were prepared to conceal their identity. By this committee Majors was taken about a mile north of town where a coat of tar and feathers was in waiting. Here " the committee " stripped him of his clothing and applied a coat of tar and feathers to his naked body. Over this they drew his clothing and completed the job by adding another coating of the same, which is said to have added very much to the gentle- man's aldermanic proportions. With repeated admonitions not to attempt any further prosecutions, Majors was suffered to return home, from which " dearest spot on earth," it is not necessary to state he was not in a suitable condition to make his appearance into the world for some days.
The incorrigible Majors afterward mnade further attempts at prosecution, but it was' found that even with the courts it was no langhing matter to work against the power of the club. The court house was guarded at time of trial and witnesses and lawyers refused admittance or driven away. Majors succeeded finally in getting several indictments including one against a neighbor named Bush, who was arrested by the authorities and put under bonds to appear.
By arrangement of the club at the time of trial, Bush was not suffered to appear, but another member who greatly resembled Bush in appearance came into court as the prisoner, took his place in the criminal box and plead "not guilty." The suit proceeded, but when it came to proving the identity of the prisoner, the trick was discovered and public sympathy was such that the case was literally laughed out of court.
This joke seemed to have disgusted Majors, for he soon after abandoned the field to the enemy and moved into Missouri, where, a few years ago, he was still residing.
In connection with this incident we have a piece of unwritten history which is rather amusing. Shortly after the mob's first violent measures a meeting of citizens was held in Oskaloosa, presided over by Dr. D. S. Sampsel, in which resolutions were passed censuring the action of the mob -a sort of indignation meeting, in fact. W. T. Smith was chairman of the committee on resolutions. At the August election in 1848, just fol- lowing the claim difficulty, the Democrats had a ticket in the field, among others composed of M. S. Smith for representative, Theodore Cox for com- missioner, George O. Ritchey for sheriff, and W. T. Smith for prosecuting attorney. During the campaign inquiry began to be made among the Whigs for the resolutions passed at the above-mentioned indignation meet- ing, and framed by W. T. Smith, as chairman of committee. It was thought they would make a damaging campaign document among Scott township Democrats-an opinion which Wm. T. seemed to have shared, for he took care to stow the resolutions carefully away in the bottom of his trunk. Inquiry was made of the recent chairman for his committee reso- lutions, but he had " mislaid them," and "would hunt them up in a few days." Several ardent Whigs endeavored to refresh Mr. Smith's memory as to the whereabouts of the missing resolutions, but they were nowhere to be found until after he had stepped into the district attorney's shoes, a good fortune for which he was largely indebted to the voters of Scott and Rich- land townships.
Moral: None so blind as those who will not see.
298
HISTORY OF MAHASKA COUNTY.
EARLY CLIMATE, ETC.
The first two winters following the beginning of the settlement of the county, being those of 1843-44 and 1844-45, were remarkably mild, and of course favored the rapid settlement of the country. The winter of 1848-49 is remembered by the old settlers as the winter of deep snow. The crops were good, and, so far as the agricultural yield was concerned, the first few years were quite prosperous. There was considerable sickness in some parts of the county during 1843 and 1844, being mostly billions fever or ague. Mrs. Geo. N. Duncan informs ns that in one instance that she remembers in the summer of '44 she attended the burial of five men in as many consecutive days, whose death resulted from billions fever. This, however, was an exception, and probably sickness did not prevail in Mahaska county to any greater extent than is common in new countries, where rude accommodations are used, and surface water is all that the country affords for drinking purposes until wells are dug or cisterns built.
Wolves were quite numerous and bold when first the white settlers came on the prairies. "Russell Peck shot seventeen of the beasts from his cabin door during the winter of '43-'44. The same season Dr. Boyer, who was somewhat of a huntsman, numbered ninety-three scalps as the lawful trophies of his prowess.
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