USA > Indiana > Lake County > Lake County, Indiana, from 1834 to 1872 > Part 3
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22
Warner Holton dug a well. He dug four feet and found water which supplied two families. This well was near the present railroad depot. As the water receded the well was made deeper until in after years it reached the depth of twelve feet.
Not forgetful of their national history in their isola- tion, this little colony celebrated the Fourth of July, 1835, by going to Cedar Lake and taking a boat ride on its crystal waters. In the fall these settlers saw their first prairie fire, and some of them were quite alarmed at its
1149136
36
LAKE COUNTY.
threatening aspect. A true prairie fire is a magnificent and sometimes an alarming sight. Many a time were the first settlers called out to fight for hours by day and by night against this raging element, endeavoring, some- times vainly, to protect their fences, to protect their hay stacks, and even obliged to protect their log cabins. There was then little to obstruct and, with a favorable wind, the fire would sweep along the surface, consuming the tall dry grass, with fearful rapidity. The great hope of protection lay in setting back fires and controlling them before they gained much headway.
The winter of 1835-36 was one of some hardships and privations. As an illustration I go to a family west of Cedar Lake. Six hundred Pottawatomie Indians are camped within half a mile of their little home. The Indians bring venison to exchange for salt pork. They give a large amount of venison sometimes for a few pounds of pork. Venison is plenty ; pork is scarce. The winter is nearly gone, the Indians leave their camp- ing ground, the pork is low in the barrel, and two teams start for the Wabash -- the great place of supply-to ob- tain more provisions. The winter breaks up. The water rises, as the spring flood comes. The streams are bridgeless. Return is impossible. Weeks pass, and eat- ables are very scarce. One-half bushel of buckwheat, brought up for seed, is in the house. This is ground in a coffee mill, and made into cakes. The mother eats very little. A son says to her, "Mother, we shall not starve. We can kill a cow if it becomes absolutely ne- cessary." Spring has come. Two of the sons go out with the oxen to break some prairie. Presently Levi
1
37
SQUATTER LIFE.
says to his brother, "I am so faint and weak, I can go no further." It seems like the time for giving up. They look off on the prairie far to the south, and lo! the white covered wagons are coming. Two settlers some miles northward, Bea and Chase, who had seen them too, and were living on venison, hastened down and obtained a half bushel of corn meal before the wagons were unloaded. This was, for that family, a happy day. About two months had passed since the wagons left home to get more food, and no tidings from them came. The joy of that return, and of again partaking of abundant food, one yet living remembers well, Amos Hornor of Ross, the only one left of all the earliest settlers west of Cedar Lake.
Other families had their privations; and other families experienced the great joy of a father returning and bring- ing plenty.
At the session of the Legislature of Indiana of 1835-36, the territory north of the Kankakee and east of La Porte county was divided into Porter and Lake. Porter was organized and Lake attached to it. Both had been pre- viously attached to La Porte for judicial purposes.
In the spring of 1836 the commissioners appointed to make this division divided the territory of Lake into three townships, North, Centre, and South, and ordered an election for justice of the peace in each township. This was the first election held in Lake County. Amsi L. Ball was elected in North, Solon Robinson in Centre, and Robert Wilkinson in South Township. These jus- tices held office till the county organization took place. According to my authority here, the justice in North had two or three cases, in Centre one, in South none.
5
1
1
38
· LAKE COUNTY.
Settlers came in this year rapidly. On the east side of Cedar Lake Adonijah Taylor and Horace Edgerton, Hor -: ace Taylor and Dr. Calvin Lilley established themselves. At the head of the lake the Nordyke family, Hiram Nor -. dyke, sen., and sons, and sons-in-law, H. Bones and J .. C. Batten, made claims ; and also Solomon Russell. On the southwest shore of the lake the two fishermen fam -- ilies settled, Jonathan Gray and Lyman Mann. The Church family, Richard Church and sons, Darling, John,. and Charles, and son-in-law, Leonard Cutler, from the state of New York, settled on Prairie West. James Far- well and sons, Major, Abel, and Carlos, took up claims. over West Creek, and a number of others soon joined them. Of these others Charles Marvin yet remains. I name a few others among the many whose names are given as claimants in 1836. John McClean, in the Bel -. shaw Grove; Jacob Mendenhall and Wm. A. Purdy, near Lowell; Moffard, Orrin Smith, and Joseph Morris, in. South East Grove; William Merrill and Dudley Merrill. near Centreville ; three brothers by the name of Greene, Sylvester T., Edward, and Elisha, north of Cedar Lake ;. and three families of Van Volkenburgs, also Cassidy, Prentice, and David Fowler, north of the Robinson set -. tlement. In September George Earle settled at Liver -. pool.
Squatter life was busy during the summer of this year, erecting cabins in the groves and making little patches of breaking on the prairies. Here and there also fences. appeared ; yet over the larger prairies few were the signs, of civilization when this season closed.
A Methodist Episcopal missionary preacher named.
39
SQUATTER LIFE.
Jones, sent by the Presiding Elder of the Northern Indi- ana Conference, who was then residing at South Bend, found his way, during this summer, into the county, and preached at the house of Thomas Reed and probably at Pleasant Grove.
The town of Liverpool was laid out, probably, in the spring of this year ; and in July lots were sold there amounting to $16,000. Payment was made partly in cash, partly in notes. Bonds were given for the execu- tion of deeds upon the payment of the notes. One of these bonds is now in my possession, binding John B. Chapman, Henry Fredrickson, and Nathaniel Davis, “in the penal sum of one hundred and sixty dollars, good and lawful money of the United States,"-there was " wild. cat money " in those days-to execute a deed to S. Ed- wards of lot number 107, on the payment of notes. amounting to sixty dollars, twenty dollars having been paid in cash. The bond bears date July 12th, 1836, and was signed in presence of George H. Phillips.
On the fourth day of July, in this year, the "Squatters' Union of Lake County" was organized. The following is a copy from the original record :
"At a meeting of a majority of the citizens of Lake County, held at the house of Solon Rob- inson on the 4th of July, 1836, for the purpose of adopting measures and forming a constitution for the better security of the settlers upon the public lands, Wm. Clark was unanimously elected to preside over the meeting, and Solon Robinson for 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
40
LAKE COUNTY.
the members of this Union. Whereupon, Henry Wells, David Hornor, Solon Robinson, Thomas Brown, Thomas Wiles were elected. After due deliberation they report- ed to the meeting the Constitution hereto annexed, re- corded on pages 4, 5, and 6 of this book, which, after be- ing read by the secretary, was afterwards discussed, ex- amined and finally adopted article by article, being fully approved by a majority of the meeting.
" On motion, the meeting then proceeded to elect a Register and a board of three County Arbitrators, Solon Robinson being nominated Register, and Wm. Clark, Henry Wells, and S. P. Stringham being nominated Ar- bitrators, were all unanimously elected.
"After some further discussion the meeting informally adjourned."
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. I am told by an eye witness, that the meeting 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 :
" CONSTITUTION OF THE SQUATTERS' UNION, IN LAKE COUNTY, INDIANA.
" PREAMBLE. 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 preëmp- tion law of Congress, and feeling the strong present neces-
4I
SQUATTER LIFE.
sity of their becoming united in such a manner as to guard against speculation upon our rights, have met and united together to maintain and support each other, on the 4th of July, 1836 ; and now firmly convinced of the justness of our cause, do most solemnly pledge ourselves to each other, by the strong ties of interest and brotherly feeling, that we will abide by the several resolutions hereto at- tached (and to which we will sign our names), in the most faithful manner.
"ARTICLE Ist. Resolved, That every person who bears all the dangers and difficulties of settling a new and unimproved country is justly entitled to the privilege heretofore extended to settlers by Congress, to purchase their lands at a dollar and a quarter an acre.
"ARTICLE 2d. Resolved, That if Congress should neg- lect 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.
"ARTICLE 3d. Resolved, That we will not aid any per- son to purchase his claim at the land sale, according 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.
"ARTICLE 4th. Resolved, That all the settlers in this county, and also in the adjoining unsold lands in Porter county (if they are disposed to join us), shall be consid- ered members of this Union as soon as they sign this Con- stitution, and entitled to all its advantages, whether present at this meeting or not.
42
LAKE COUNTY.
"ARTICLE 5th. Resolved, 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 meeting, a County Board of three Arbi- trators, and also a Register of claims, who also shall per- form the duties of clerk to the County Board, Arbitrators, and also the duties of a general corresponding secretary. In all elections, the person having the highest number of votes shall be elected.
"ARTICLE 6th. Resolved, 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 pro- vide 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 registered, 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 information 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 Coun- ty Board, record their proceedings, and perform their orders. When required by a member, stating the object,
43
SQUATTER LIFE.
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 notice to Arbitrators to meet, 12 cents. For attending their meeting the same fees that are allowed them. For duties of corresponding secretary no fees shall be required.
" ARTICLE 7. Resolved, That its hall be the duty of every person, when they sign this Constitution, or as soon thereafter as may be, to apply to the Register to have the land he claims, registered (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 registered. 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 registered, 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 preemption claims, he shall be entitled to hold the claim he registers, while he remains a citizen of the county, provided, he shall within thirty days after regis- tering it, make or cause to be made some prominent im- provement upon it, and continue to improve the same to · the satisfaction of the County or District Board of Arbi- trators. 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
44
LAKE COUNTY.
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 ap- ply 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 with- in 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 Register and entered on record, shall as fully entitle the claimant to his claim as though he re- sided on it. Provided, the Board shall never grant a cer .- tificate to extend his absence one year from the date, unless the claimant has performed at least one hundred dollars worth of labor on his claim, and satisfied the Board fully that he will within that time become an actual settler upon it.
" Any member of this Union may also register and im- prove claims for his absent friends, as above provided, if he can and will satisfy the Board (of. the county or dis- trict), 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 de- clared confiscated and shall be sold as provided for all forfeited claims, in Article 9th.
45
SQUATTER LIFE.
" Every person requiring the services of the Arbitrators shall, if required, secure to them before they are bound to act, one dollar and fifty cents for each day's services, of each and all other necessary expense of magistrate, witnesses, Register, or other unavoidable expense.
" ARTICLE 8th. Resolved, that each congressional town- ship, or any settlement confined in two or more townships containing twenty members, may unite and elect a Board of three Arbitrators, 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 Dis- trict Board, and call one or two of the County Board, or some disinterested member, to sit in their places, pro- vided 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 present they 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.
" ARTICLE 9th. Resolved, That the Board of Arbitrators shall, as soon as may be, take an oath or affirmation before
46
LAKE COUNTY.
some magistrate, faithfully and impartially to perform all the duties enjoined upon them, not inconsistent with law, and that they will do all acts in their power for the bene- ' fit 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 be- fore 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 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 situated, to take possession of any claim confiscated under the provisions of article seven, or any unoccupied non-resident claim, the claimant of which has neglected to occupy or improve the same, ac- cording 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 obtained 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 ex- tend 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,
47
SQUATTER LIFE.
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 im- moral conduct tending to injure the character of the Union.
" ARTICLE Ioth. Resolved, That every white person capable of transacting business, and making or causing to be made, an improvement on a claim, with the evident desigh 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 mak- ing a claim to take an oath or affirmation that he intends the same for actual settlement, or (if timber) use of his farm. No person settling in thick timber shall be allow- ed to hold more than eighty acres of timber, but shall be protected in a claim of eighty acres on the prairie.
"ARTICLE IIth. Resolved, 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 settler 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.
48
LAKE COUNTY.
" ARTICLE 12th. Resolved, That after the board of Ar- bitrators 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 restitution.
" ARTICLE 13th. Resolved, That we will each use our endeavors to advance the rapid settlement of the coun- ty, by inviting our friends and acquaintance 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 im- proving the public land as though we already had our titles from government.
"ARTICLE 14th. Resolved, That a meeting duly called by the County Board may alter and amend this Consti- tution.
" Lake County, Indiana, July 6, 1836.
"I do certify that the foregoing Constitution, as here re- corded, is a true copy from the original draft reported by the committee, and adopted by the meeting, except slight grammatical alterations not varying the true sense of any article.
" Attest. SOLON ROBINSON, Register."
Attached to it are 476 signatures.
A few cases of arbitration occurred in regard to dis- puted 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 records will surely be of interest as showing the customs of squatter rule :
49
SQUATTER LIFE.
" Aug. 12. Notified County Board of Arbitrators to meet August 13, at G. W. Turner's, to decide disputed claim between Sam'l Haviland and John Harrison, on Sec. 13, sw. 12 T. 36, R. 8. Aug. 13. ** * They de- cided that Haviland hold the claim on paying Harrison five dollars for his labor, and that Harrison pay the costs, amounting to four dollars and fifty cents."'
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 on to Millers' claim and built a cabin, and the Arbitrators decide that Reed shall give up the cabin to Millers, and pay the costs of this arbitration, but that Mil- lers shall pay Reed seventeen dollars 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 been 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.
While improvements were going on during this busy summer every family needed food. The settlers of 1835 had raised provisions sufficient for themselves; but not even in. La Porte county had a supply been raised suffi- cient to meet the wants of new settlers. And on this account "most of the Lake county settlers had to draw their provisions from the Wabash during the summer of 1836."
50
LAKE COUNTY.
In the fall the first regular physician, Dr. Palmer, was: numbered among the settlers. The nearest physician up- to this time resided at Michigan City, where was also the nearest postoffice until the spring of this year.
In March, Solon Robinson, having made application for a post office, was appointed postmaster, authorized to bring the mail from Michigan City for the proceeds of the office. These proceeds were, up to October I, $15. This would hardly pay for bringing it often. The office was named Lake Court House, usually written Lake C. H. The next offices west then were Joliet and Chicago.
The first settlers' store also dates its opening in 1836, established by Solon and Milo Robinson, who sold, during the winter of 1836-37, about $3,000 worth of goods out of a little log hut that used to stand beside the "old log court house." Their best customers were the Pottawat- omies, from whom they " obtained great quantities of furs. and cranberries" in exchange for goods.
A saw mill was commenced in the fall of this year, on the outlet of Cedar Lake, by Calvin Lilley and David Reed; but the one first in operation was built by Wilson S. Harrison, which, in the spring of '37, furnished oak. lumber for $15 per thousand.
III.
In 1837 Lake county was organized. The mail was. slow, and a special messenger, John Russell, was sent to Indianapolis to obtain the appointment of a sheriff, and authority to hold an election. He made the trip on foot and outstripped the mail. Henry Wells was appointed sheriff. An election was ordered and held. Officers
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.