USA > Indiana > Porter County > Counties of Porter and Lake, Indiana : historical and biographical > Part 47
USA > Indiana > Lake County > Counties of Porter and Lake, Indiana : historical and biographical > Part 47
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The " Squatters' Union."-At a meeting of the majority of the citi- zens of Lake County, held at the house of Solon Robinson on the 4th of July, 1836, for the purpose of adopting measures and forming a con- stitution for the better security of the settlers upon the public lands, William Clark was unanimously elected to preside over the meeting, and Solon Robinson appointed Secretary. After hearing the object stated for which the meeting was called, it was moved that a committee of five be appointed to report a constitution and rules for the government of the members of this Union. Whereupon, Henry Wells, David Hornor, Solon Robinson, Thomas Brown and Thomas Wiles were elected. After due deliberation, they adopted a constitution, elected a Register and a board of three County Arbitrators-Solon Robinson as Register, and William Clark, Henry Wells and S. P. Stringham, Arbitrators.
The record says this meeting was held " at the house." It does not say " in," and evidently not very many could have found comfortable standing room inside of that small cabin. It is told by an eye-witness that the meet- ing really was held in the grove, and that over the officers' stand a knife and a tomahawk were suspended as the emblems of squatter sovereignty, the significant warning of what speculators might expect. The following is the constitution then adopted :
407
.
IIISTORY OF LAKE COUNTY.
CONSTITUTION OF THE SQUATTERS' UNION, IN LAKE COUNTY, IND.
WHEREAS, The settlers upon the public lands in this county not having any certain prospect of having their rights and claims secured to them by a pre-emption law of Con- gress, and feeling the strong present necessity of their becoming united in such a manner as to guard against speculation upon their rights, have met and united together to main- tain and support each other, on the 4th of July, 1836; and now firmly convinced of the justness of their cause, do most solemnly pledge themselves to each other, by the strong ties of interest and brotherly feeling, that they will abide by the several resolutions hereto attached, and to which they sign their names, in the most faithful manner.
ARTICLE 1. Resolved, That all persons who bear the dangers and difficulties of set- tling a new and unimproved country are justly entitled to the privilege heretofore, ex- tended to settlers by Congress to purchase their lands at $1.25 per acre.
ART. 2. That if Congress should neglect or refuse to pass a law before the land on which we live is offered for sale, which shall secure to us our rights, we will hereafter adopt such measures as may be necessary effectually to secure each other in our just claims.
ART. 3. That we will not aid any person to purchase his claim at the land sale, ac- cording to this constitution, unless he is at the time an actual settler upon Government lands and has complied with all of the requisitions of this constitution.
ART. 4. That all the settlers in this county, and also in the adjoining unsold lands of Porter County (if they are disposed to join us), shall be considered members of this Union, as soon as they sign this constitution, and entitled to all its advantages, whether present at this meeting or not.
ART. 5. That for the permanent and quiet adjustment of all differences that may arise among the settlers in regard to their claims, that there shall be elected by this meet- ing a County Board of three Arbitrators, and also a Register of Claims, who also shall per- form the duties of clerk to the County Board of Arbitrators and also the duties of a gen- eral corresponding secretary. In all elections the person having the highest number of votes shall be elected.
ART. 6. That the person who may be elected Register (if he accept the office) shall take an oath or affirmation that he will faithfully perform all the duties enjoined upon him. He shall forthwith provide himself with a map of the county (which shall be subject to the inspection of every person desiring it), on which he shall mark all claims registered, so that it can be seen what land is claimed and what is not ; and also a book, in which he shall register every claimant's name and the number of the land which he claims, when it was first claimed and when the claimant settled upon it, and the date when reg- istered, where the occupant was from, and any other matter deemed necessary for public information or that the County Board may order. He shall give persons applying all infor- mation in his power in regard to claims or vacant land that shall be calculated to promote the settlement of the county. He shall also reply in the same manner to letters addressed him on the subject, provided the applicant pays his own postage. He shall attend all the meetings of the County Board, record their proceedings and perform their orders. When required by a member, stating the object, he shall issue notice to the County or District Board when, where and for what purpose they are to meet.
Fees : For every claim he registers, twenty-five cents ; and he shall, if required, give the claimant a certificate stating the number of the land and when registered. For issuing notices to Arbitrators to meet, twelve cents. For attending their meeting, the same fees that are allowed them. For duties as corresponding secretary, no fees shall be required.
ART. 7. That it shall be the duty of every person, when he signs this constitution, or as soon thereafter as may be, to apply to the Register to have the land he claims reg- istered (paying the Register his fees at the same time). Where the claimant now resides upon the land which he claims, his claim shall be considered and held good as soon as regis-
408
HISTORY OF LAKE COUNTY.
tered. Every sale or transfer of titles shall be registered the same as new claims. Any person desirous of claiming any land now unoccupied shall apply to have the same reg -. istered, and if he is a resident of the county at the time he applies, residing with or upon any claim belonging to any other person, or upon any land that has been floated upon by Indian or pre-emption claims, he shall be entitled to hold the claim he registers, while he re- mains a citizen of the county, provided he shall, within thirty days after registering it, make or cause to be made some prominent improvement upon it, and continue to improve the same. to the satisfaction of the County or District Board of Arbitrators. Any non-resident who may hereafter be desirous to join this Union shall first sign the constitution, and after registering his claim shall proceed, within thirty days, to occupy it with his family or else make a durable and permanent improvement, either by building a good cabin for his residence or by plowing at least four acres, and then, if he is not able to continue the occupancy of his claim, either personally or by a substitute, he shall apply to the Arbitrators, stating his reasons for necessary absence, whether to move on his family or whether for other purposes, and they shall certify to him what amount of labor he shall perform or cause to be performed within a given length of time to entitle him to hold his claim while he is absent, or for a certain time, which, when done and proved to the Reg- ister and entered on record, shall as fully entitle the claimant to his claim as though he resided on it; provided, the board shall never grant a certificate to extend his absence one year from the date, unless the claimant has performed at least $100 worth of labor on his claim, and satisfied the board fully that he will within that time become an actual set- tler upon it. Any member of this Union may also register and improve claims for his absent friends, as above provided, if he can and will satisfy the board (of the county or. district) that the identical person for whom he makes the claim will actually become a settler and reside upon it within the specified time. Any person found guilty by the board of making fraudulent claims for speculating purposes shall, if a member, forfeit his membership in this Union, and forfeit all right and title to hold the same, and it shall be declared confiscated, and shall be sold, as provided for all forfeited claims in Article 9. Every person requiring the services of the Arbitrators shall, if required, secure to them before they are bound to act, $1.50 for each day's services, of each and all other necessary expense of magistrate, witnesses, Register or any other unavoidable expense.
ART. 8. That each Congressional township, or any settlement confined in two or. more townships containing twenty members, may unite and elect a Board of three Arbi- trators, who shall possess the same power to settle disputes (when applied to) within their district that the County Board have ; and any member of that district may either submit his case to the District or County Board. The opposite party may object to one or two of the District Board, and call one or two of the County Board, or some disin- terested member, to sitfin their places, provided he pays the extra expense so occasioned. All decisions of County or District Board shall be final. Either of the parties or the District Board may require the Register to attend their meetings and record their proceedings; but if he is not presentthey shall certify their judgment to him immediately, and he shall register it as any other claim. Any member may also object to one of the County Board upon the same terms, and require one of a District Board, or some disinterested member, to sit in his place. The same proceedings shall also take place where one of the Board are interested in the dispute. The District Board may order district meetings, and the County Board county meetings.
ART. 9. That the Board of Arbitrators shall, as soon as may be, take an oath or affir. mation before some magistrate faithfully and impartially to perform all the duties en- joined upon them not inconsistent with law, and that they will do all acts in their power for the benefit of members of this Union. On being duly notified, they shall convene, and, if they see proper, they shall make their acts a rule of court before some Magistrate, according to the statute provided for arbitrated cases. They may require the parties in the case to be tried to be sworn or affirmed, and hear arguments of parties or counsel, and finally-
HISTORY OF LAKE COUNTY. 409
decide which party is justly entitled to hold the claim, and which party shall pay costs or damages. It shall be the duty of the County or District Board, where the claim is situ- ated, to take possession of any claim confiscated under the provisions of Article 7, or any unoccupied non-resident claim, the claimant of which has neglected to occupy or improve the same, according to the terms and within the time specified in the certificate, and sell the same to some other person who will become a settler on it, keeping the money ob- tained for it in their hands (unless hereafter a treasurer shall be appointed) for a fund to defray any expense that may be deemed necessary to maintain our just rights or advance the interest of the Union ; and if a fund so accumulated shall not be required for such purpose the Board shall use it toward purchasing land for any needy widows or orphan children or needy members of this Union ; provided, that the Board having jurisdiction may extend the time to any claimant holding a certificate from them, or application through the Corresponding Secretary, if the claimant can give them satisfactory reasons therefor, and they may also, when they have sold a forfeited claim, if they deem it just and reasonable for good cause thereon, refund to the certificate claimant the amount he had actually expended upon it, and retain in the fund only the overplus that the same sold for. Any officer of this Union or any member shall be discarded if convicted of gross neglect of duty or immoral conduct tending to injure the character of the Union.
ART. 10. That every white person capable of transacting business, and making or causing to be made an improvement on a claim, with the evident design of becoming a settler thereon, shall be entitled to be protected in holding a claim on one quarter section, and no more, except where persons holding claims on the prairie or open barrens, where the Board may decide they have not sufficient timber to support their farm, shall be allowed to divide one quarter section of timber between four such prairie claims. The Board of Arbitrators may require any person making a claim to take an oath oraffirmation that he intends the same for actual settlement or (if timber) use of his farm. No person settling in thick timber shall be allowed to hold more than eighty acres of timber, but shall be protected in a claim of eighty acres on the prairie.
ART. 11. That before land is offered for sale, that each district shall select a bidder to attend and bid off all claims in the claimant's name, and that, if necessary, every set- tler will constantly attend the sale, prepared to aid each other to the full extent of our ability in obtaining every claimant's land at Government price.
ART. 12. That after the Board of Arbitrators have decided that any individual has obtruded upon another claim, and he refuses to give the legal owner peaceable possession, that we will not deal with or countenance him as a settler until he makes the proper res- titution.
ART. 13. That we will each use our endeavors to advance the rapid settlement of the county by inviting our friends and acquaintances to join us, under the full assurance that we shall now obtain our rights, and that it is now perfectly as safe to go on improving the public land as though we already had our titles from Government.
ART. 14. That a meeting duly called by the County Board may alter and amend this constitution.
LAKE COUNTY, IND., July 6, 1836.
I do certify that the foregoing constitution. as here recorded, is a true copy from the original draft reported by the committee and adopted by the meeting, except slight gram- matical alterations not varying the true sense of any article.
Attest :
SOLON ROBINSON, Register.
Attached to it are 476 signatures. A few cases of arbitration oc- curred in regard to disputed claims. To enter upon land which another had claimed was called "jumping " it, and there were, it seems, a few accidental or intentional "jumpers." The following extracts from the
·
410
HISTORY OF LAKE COUNTY.
records will surely be of interest as showing the customs of squatter rule :
" August 12 .- Notified County Board of Arbitrators to meet August 13, at G. W. Turner's, to decide disputed claim between Samuel Haviland and John Harrison, on Sec- tion 13, southwest half Township 36, Range 8. August 13. * * They decided that Haviland hold the claim on paying Harrison $5 for his labor, and that Harrison pay the costs, amounting to $4.50." Harrison, it is to be supposed, had "jumped " this claim, and so was the aggressor.
"1837, March 16 .- This day an arbitration was held between Denton and Henry Miller and John Reed, who had gone onto Miller's claim and built a cabin, and the Ar- bitrators decided that Reed shall give up the cabin to the Millers and pay the costs of this arbitration, but that the Millers shall pay Reed $17 for the cabin which he has built." In some cases the costs were divided equally between the parties. From the decisions of the arbitrators there seems to have baen no appeal. In the nature of the case there could be none, and with the decisions the parties appear to have been satisfied. Ten cases of arbitration are on the records.
Land Sales at La Porte .- Thus the claim to lands was quite exten- sively made until March, 1839, at which time the sale of Lake County, to whoever would buy, commenced at La Porte. This was two years after the county was organized. Between these dates, it was impossible to locate the county seat without a special enactment of the Legislature, as the law regulating the organization of counties forbade such location until after the sale of the public lands. But the county, by petition through its Commissioners (as will be seen further along), endeavored to secure such an enactment in autumn, 1838, and would probably have succeeded by having the existing law concerning the location of county-seats amended or repealed, had not the Legislature provided, during the winter of 1838-39, for the sale of the county lands, and, at the same time, for the location of the county seat. As the time drew near for the entry of the lands, the keenest interest was felt in the result by the squatters. All realized the impending peril of the situation. If the speculators should conclude to bid, they could easily obtain (not without a bitter struggle afterward, however) the homes of the squatters in a majority of cases, as scores of the latter had saved up (and that often by the utmost self- denial and economy), only sufficient means to purchase their homes at the Government price of $1.25 per acre. Notwithstanding the existence of the " Squatters Union," and the effective results it was likely to secure, grave and universal apprehension was felt during the years 1837 and 1838.
This led, as will be seen below, to the entry, by proof, of sixty-one tracts of land in 1838, and some twenty more before the sale in March. 1839. The following were the only tracts of land entered in the county prior to January 1, 1838, including the Pottawatomie "Indian Floats :"
411
HISTORY OF LAKE COUNTY.
PURCHASER.
Section.
Township.
Range.
Acres.
Date of Grant.
Location.
Quashman
21
35
7
160
Treaty, Oct. 27, 1832. Northeast quarter.
Nuoataumant
6
36
7
298.10
Treaty, Oct. 27, 1832. South half.
Aubenaube
17
36
7
640
Treaty, Oct. 27, 1832.
All.
Renemosau.
18
36
7
495.75
Treaty, Oct. 27, 1832.
All.
John B. Duckworth
19
36
7
473
Treaty, Oct. 27, 1832.
All.
Wesaw
20
36
7
640
Treaty, Oct. 27, 1832.
All.
Pokagon
29
36
7
640
Treaty, Oct. 27, 1832.
All.
Wesaw
31
36
7
640
Treaty, Oct. 27, 1832. All.
Benack
32
36
7
640
Treaty, Oct. 27, 1832. All.
Pokakanse
31
37
7
80,51
Treaty, Oct. 27, 1832 Lots 2 and 3.
Francis Page, Jr. ...
32
37
7
310.50
Treaty, Oct. 27, 1832. South half.
Nissinkquequah
17
34
8
640
Treaty, Oct. 27, 1832.
All.
Misnoke ..
1
36
8
569.34
Treaty, Oct. 27, 1832.
All.
Ashkum
4
36
8
556.50
Treaty, Oct. 27, 1832.
All.
Shawkowahluck
13
36
8
174.62
Treaty, Oct. 27, 1832. Southeast quarter.
Wesaw
23
36
8
308
Treaty, Oct. 27, 1832.
East half.
J. B. Chadana
24
36
8
603.60
Treaty, Oct. 27, 1832.
All.
Meshawketoquah ..
36
36
8
640
Treaty, Oct. 27, 1832. All.
Besiah ..
36
37
8
371
Treaty, Oct. 27, 1832.
Arthur McClure ...
32
37
7
65.56
January 11, 1835
S& N. Wą S. of Indian Bound'ry
Hiram S. Bennett ..
32
37
7
45.81
April 27, 1835
Lot 3, N. of Indian Boundary.
Mark Baubien ..
31
37
7
64.51
December 3, 1835
W. Fract. N. of Indian Bound'ry.
Hiram Pearsons
32
37
7
81.40
December 9, 1835
Lots 1 and 2, N. of Indian Bound.
Simon Kenton.
31
37
7
44.60
June 3, 1836 ...
Lot 5, South of Indian Bound'ry.
John A. Calvin.
31
37
7
54.80
June 3, 1836.
Lot 6, South of Indian Bound'ry.
Wm. W. Washbourn
31
37
7
80
June 4, 1836.
Sonth Half Southeast Quarter .
Hiram Pearsons
33
37
7
105.72
January 20, 1837
Lots 1 and 2, N. of Indian Bound.
Jacob Harlan
31
37
7
39.85
April 20, 1837
Lot 4, South of Indian Bound'ry.
John Ewing.
31
37
7
25.40
April 28, 1837
Lot 1, South of Indian Bound'ry.
...
During the year 1838, sixty-one tracts of land, representing a total of 6,858.91 acres, were entered in the county, and, in 1839, 261 tracts. representing a total of over 30,000 acres, were entered. During the succeeding two or three years, the sales were comparatively sinall, owing. doubtless, to the great quantity of swampy or sandy land, which was not wanted by the pioneers. More land was entered from 1850 to 1860 than from 1840 to 1850; but this was owing to the sale of the swamp lands, which came into market in the fifties. There have been in the county the following kinds of land : United States Land, Swamp Land. Wabash Canal Land, Michigan Road Land and School Land. After the first influx of settlers preceding, and immediately succeeding, the land sale, the rush was over, and the county grew only as Northwestern Indi- ana and Northeastern Illinois grew.
In March, 1839, when that event of so much interest to the early settlers-the sale of United States lands took place at La Porte, the squatters of Lake were gathered there in large force. The hardy pio- neers, accustomed to frontier life and to depend on their strong arms and trusty rifles ; the New Englanders and the Yorkers, almost direct from those centers of culture, and possessing their share of the intelligence and energy
Y
412
HISTORY OF LAKE COUNTY.
of those regions ; and the firm, sturdy, solid Germans, who had just left the despotisms of the Old World and had received their lessons of freedom in the New, amid the wildest of untrodden Western prairies, all were there, de- termined that no speculator should bid upon their lands. Some trouble had been anticipated. The principal upon which the squatters insisted was of importance to them. They were probably prepared ; armed men were among them to use force, if it should be necessary, to secure the right which each squatter claimed of buying his own quarter section at $1.25 an acre. They knew that in the wilds of Lake, in the retreats of the Kankakee Marsh, no officers of justice would search for them if their mode of enforcing their claim should be called lawless. But there arose no necessity. The impression was strongly made that it would not be safe for a speculator to overbid a squatter, about five hundred of whom had solemnly pledged themselves to each other to abide, in the most faithful manner, by their own assertion of squatters' rights. The moral force employed was sufficient. Solon Robinson was bidder for one town- ship, William Kinnison for another, and A. McDonald for the third. The sale passed off quietly, and the sons of Lake returned peacefully to their homes. But unfortunately for some of them, they had expended their silver and gold in making improvements, and amid the sickness, and suf- fering, and death of 1838, "the wild-cat " money was not current at the land office, and now what the speculators could not effect in one way they easily accomplished in another. They offered to loan these men money for entering their claims, on the security of their lands, and charged them 20, 30, or more per cent. And thus, after all their care, consider- able tracts of Lake County land came into the hands of non-residents.
Swamp Land Speculation .- There is a transaction belonging to the history of this county, in common with that of other counties in Indiana, which any impartial and faithful historian can hardly pass over in silence. It may be called the Swamp Land Speculation. The kind of notice which justice here demands has been a matter of grave consideration. The United States donated to the State of Indiana certain portions of Government lands within its borders, to be selected in a certain way, which took the name of Swamp Lands. The Legislature passed an act, in May, 1852, to regulate the sales of these lands and provide for draining and reclaim- ing them according to the condition of the grant. Quite a quantity of land remained unentered ten years after the land sale at La Porte. This was taken out of market in the different counties until the lands had been selected which were to be drained, reclaimed and sold. There were se- lected in this county as such swamp land some 180 sections. This, at the minimum price of $1.25 an acre, would amount to $144,000. Any portion of this amount not used in the necessary expenses connected with
413
HISTORY OF LAKE COUNTY.
draining these wet lands was to become part of the common school fund of the State. The County Auditors and Treasurers were the authorized agents on the part of the State for selling these lands. A Commissioner of Swamp Lands for each county was appointed by the Governor, and the Commissioner appointed and employed an Engineer. It became known to the Legislature of the State that the funds arising from the sale of these lands were supposed to be improperly used, and they appointed a Swamp Land Committee of Investigation. From the printed report of this committee, made to the Governor of Indiana, two thousand copies of which were ordered to be printed, the following statements and extracts are taken. Copies of this report are scarce in this county. Those sent here disappeared. This committee, after making several statements, say :
" The different laws in relation to the expenditure of the swamp land fund are very imperfect, giving many opportunities for dishonest men to
prey upon the fund with impunity." These opportunities seem to
have been well improved. After stating some of these imperfections, they continue : "It seems that an opportunity to speculate thus opened was early discovered by a number of very prominent men, and large combinations formed to effect that object, and when a Swamp Land Commissioner refused to be used as an instrument in their hands to carry out their views, they were potent in affecting his removal and in securing the appointment of one who would act in accordance with their wishes. By this process, the fund in many of the counties was exhausted, and in some cases largely overdrawn, and very little good effected by ditching." The committee visited several counties to ascertain facts. In reference to one county, especially, they say : "These investigations show frauds to an extent that seems to preclude the idea that honesty had any part in these transactions." Under "Lake County," they say : " The opera- tions in this county have been quite extensive. The first Commissioner appointed was J. P. Smith. There is no evidence to raise a doubt as to the correctness of his administration." In regard to the Commissioner, Henry Wells, they say: "No evidence was obtained to implicate him in any improper transaction." In regard to one they say : " Under his ad- ministration the committee think extensive frauds were perpetrated." In regard to one individual they say : "These two sums thus obtained, amounting to $7,309.65, can undoubtedly be recovered if properly prose- cuted. How many similar transactions were had with other parties is not known. It is understood that all the money received for swamp lands was retained in the hands of the County Treasurer, and not paid over to the State Treasurer."
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