Historical sketch of Shawnee County, Kansas : prepared for the occasion of the centennial celebration, July 4, 1876, Part 3

Author: Giles, F. W. (Frye William), 1819-1898
Publication date: 1876
Publisher: Topeka, Kan. : Commonwealth Steam Book and Job Print. House
Number of Pages: 82


USA > Kansas > Shawnee County > Historical sketch of Shawnee County, Kansas : prepared for the occasion of the centennial celebration, July 4, 1876 > Part 3


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During that year many buildings were erected and of a superior quality. Large accessions were made to stocks of merchandise, the Episcopal Female Seminary founded and churches organized. It was a new life to Topeka, and during winter of 1857-58 its people rested in comforts and contentments that in Kansas they had known not of. Confidence was greatly increased in a favorable result to the Free State cause; property was enhanced in value in the Free State towns, and the sen- timents that these people had come to Kansas to promul- gate had demonstrated a power in Shawnee County that assured them of a future quietude and prosperity.


AUBURN.


Prior to the settlement of Kansas by white people, the Indians had selected for the purpose of an Indian village, a pretty site at the junction of the three streams which form the Wakarusa river, a little to the southwest of the present town of Auburn. In July, 1854, Mr. John W. Brown, who had for some time been in government employ, came to this locality, and being charmed with its natural attractiveness, secured from the Indians their title toit. He soon after returned to parts of Missouri where he was acquainted and told his friends that he had found the Garden of Eden. A number of families, among whom were those of Messrs. Carriger, Snyder, Reed, Jones, Webb


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and Johnston, nothing loth to visit the sacred spot Mr. Brown supposed he had found, returned with him, and indeed, other evidences of their friend's good fortune there the fact that "three rivers went out from there," they found, in many things-enough at least to chain them there, in all satisfaction.


In 1856 Mr. Brown associated with himself Messrs. M. C. Dickey, Loring Farnsworth and Henry Fox for the purpose of establishing a town. They pre-empted 320 acres of land near Mr. Brown's place, laid it out and platted for that purpose and christened it Auburn. It was located immediately upon the line of the great Cali- fornia road, as it was called, whitened every day by long caravans of Government and Santa Fe traders,-the plains resounding with the sharp report of the oxmen's murderous thong, and carcasses of exhausted animals, like milestones marking the way. The travel upon this road and the near proximity of the Pottawatomie nation, made the location a favorable one for trade. The work of building at once began. Dwelling houses, stores, mills, a large and attractive hotel, and buildings for re- ligious and educational purposes appeared of superior quality and in rapid succession, betokening an intelli- gent and determined purpose on the part of the little community assembled there. The town being compara- tively near the centre of the county as then bounded, it was thought with reason that it had favorable prospects of being made the seat of justice; indeed during a year or two Topeka was not a little alarmed at the growing pretensions of their neighbor on the Wakarusa.


During the years 1858 and 1859 the town received a great deal of attention from immigrants, its population and wealth constantly increasing and the town present- ing augmented attractiveness. Two daily stage lines brought large mails and strangers thronged the hotel to its utmost capacity.


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A good weekly newspaper was maintained, and busi- iness and social relations between Brownsville and Topeka, and other principal towns, were frequent and pleasant to all who had occasion to go there. The writer of this sketch found it to his interest to purchase native lumber and merchandise there for a house he was build- ing at Topeka in 1859.


A persistent effort was made for the construction of a railroad from Leavenworth via Lawrence and the Waka- rusa valley to Auburn, and it was at one time near accomplishment. But Auburn, notwithstanding her persistent and well directed efforts to maintain herself, was doomed to disappointment. Of the causes that con- tributed to this result may be mentioned'a large decrease of trade, incident to the abandonment of farms in dis- tricts contiguous to her, on account of the drouth of 1860, and the subsequent removal of large numbers of Potta- watomie Indians who had done their trading there. A more potent cause still was the rivalry of Burlingame on the one side, and of Topeka on the other, on the the county seat question. Between the upper and the nether millstones she was shorn of all chances of secur- ing the boon of the county seat. By a concert of action between her more powerful rivals, at the session of the Legislature in the beginning of 1860, a tract of territory -equal to six government townships-was disconnected from Shawnee on the south, and annexed to Osage coun- ty, thus destroying the argument of Auburn in favor of being made the county seat, based upon the idea of greater centrality than Topeka.


Finally, Topeka was promoted to the position of State capital, under the effect of which she soon attained an influence and a commercial importance in the county that it were useless to contend against. Auburn then rapidly sank from her best estate and became as now. If


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permitted to lay off the character of historian and assume that of prophet for a minute, we should say, that when Shawnee County and the districts of Wakarusa naturally contiguous to Auburn, for trade, become the densely peo- pled and wealthy localities that their real worth de- mands, Auburn will rise again; but, until then, she may console herself by singing the plaints of Goldsmith for his own deserted village.


The government survey of the lands of Shawnee County was completed in the spring of 1857, and the land office opened at Lecompton, for proving occupancy, the succeeding fall. This circumstance, in connection with the general prosperity of Tecumseh, Topeka, Browns- ville and Burlingame, induced a desire to found new towns in the county, that was equaled in no other county of the Territory, and seems now to have been almost a mania. Commencing in May, 1857, there has since been laid out and platted towns in Shawnee County, as follows : Georgetown, Lexington, Versailles, Prairie City, Indiana City, Williamsport, Switzler, Marvinstown, Evanstown, Washington, Wilmington, Carthage, Superior, Richland, Kingston, Rossville and Silver Lake-besides additions to the four previously existing towns. Most of these have fortunately been appropriated to growing food for man to live on, rather than as sites for houses for man to live in. Of the exceptions to this general result, Silver Lake and Rossville are the most conspicuous, and prom- ise to become points of considerable importance to the county.


We have now completed, in general outline and with some degree of minuteness, the events occurring in Shawnee County during what we have designated as the first territorial period-from its first settlement in 1854 to the political revolution in the fall of 1857. To those who were in Kansas prior to 1858, the propriety of


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dividing history into these distinct periods will be appa- rent. The whole political power of the Territory was directed to the single purpose of making Kansas a slave State during that first period ; the policy pursued after that date is sufficiently apparent in the institutions we see around us-fruits of freedom, not of slavery.


SECOND TERRITORIAL PERIOD-1857 TO 1861.


Down to the time that the second board of county commissioners entered upon official duties-the close of 1857-no public revenue had been collected in the coun- ty; no bridges had been built; no public school system had been put in operation, and no public school houses built, though for three years ample laws to the accom- plishment of different results had existed upon the pub- lic statute book. We do not speak of this sad state of affairs in censure of previously existing county authority -the fault lay, primarily, farther back than county organizations, and secondly in the Free State party, who were sufficiently powerful in the county to resist the execution of rule notoriously unjust.


One of the first acts of the new board was to provide for the erection of a substantial bridge over Deer creek, where passing had always been attended with great diffi- culty, and where one U. S. mail coach was upset and the mail lost. At a meeting of the county board held on the 23d of February, 1858, the report of Joel Huntoon, en- gincer, in regard to the bridge was received and adopted, with plans and specifications for the same. The esti- mated cost for good stone abutments and superstructure of wood, was nine hundred dollars-afterwards raised to eleven hundred. An order was made directing the en- gineer to advertise for proposals for building the bridge, and to contract on the part of the county for the whole cost of the same, provided that the mode of payment should be as follows, to wit: The whole sum payable in


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county bonds, redeemable proportionately at the rate of 20 per cent. a year, and bearing interest at 10 per cent. The said proportion of 20 per cent. and interest to be receivable in payment of county taxes.


At the same meeting the sheriff represented to the board that a number of persons were under his charge with no provisions made for the expenses of their board; whereupon it was ordered by the board that the sheriff "is hereby authorized to issue certificates of advance payment of any taxes for the county that may be here- after assessed and collectable, and apply the funds thus obtained by him to defraying the expenses of boarding and guarding such prisoners, and that such certificates shall be received in payment of any county taxes here- after assessed."


By an act of the first Free State Territorial Legisla- ture, approved Feb. 12, 1858, organizations of municipal townships were provided for, with a board of township commissioners, and the chairmen of the several boards of township commissioners in each county constituted the board of county commissioners.


Under the operation of this law the board of county commissioners for Shawnee County consisted of the fol- lowing gentlemen: Topeka township, Jeremiah Mur- phy; Tecumseh township, Eli Hopkins; Wakarusa township, P. T. Hupp; Brownsville township, A. H. Hale; Burlingame township, George Bratton.


COUNTY FINANCES.


The first meeting of the new board of county commis- sioners was held on the 4th day of September at the house of Commissioner Eli Hopkins, a few miles east of Tecum- seh. At that meeting Jeremiah Murphy was elected chair- man of the board, and adjournment was taken till the 13th.


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On the 13th the board, having under consideration the financial condition, it was ordered that the assessors of the several municipal townships of the county should proceed, under the law, to assess the property in their respective townships for taxation, and make return of their doings to the board of commissioners by the 1st of December.


A large amount of business crowded upon the board and meetings were held by it at intervals of about two weeks during the fall and winter of 1858-59.


A deep solicitude was felt throughout the county on account of the financial condition, especially as there was urgent necessity for the erection of bridges over the numerous creeks between Burlingame and Topeka and between Topeka and Big Springs. The Free State men were indignant that the bogus Legislature and the coun- cils of the county board should have deprived them of the opportunity of a popular election as to their county seat, and generally entertained a determination that they would have nothing to do with the payment for the court house that had been errected at Tecumseh, till such an election had resulted in favor of that locality.


The popular feeling was not pleasant towards that town on account of the political sentiment prevailing there, and under which it had been fostered into a rival for political and commercial influence with Topeka the seat of Free State influence, by the Territorial authority of 1855.


The subject of the county finances came before the board again on the 13th of October and it was ordered " that the clerk make investigation of the records and papers in his office relating to the indebtedness of the county and manage the same in such concise and con- venient manner as should enable the board at its next meeting to consider and take action upon the same without hindrance or delay."


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In response to a general interest in county affairs and especially a desire to know definitely what the board was doing upon the important matter of the public finan- ces it was ordered by the board "that the clerk prepare for publication and publish in the Kansas Tribune, a newspaper published at Topeka, a synopsis of the pro- ceedings of the board at its past and present meetings, and also to publish notice of the time and place of the next meeting of the board."


At a meeting held on the 30th of November the clerk made report to the board agreeably to its previous order in regard to the indebtedness of the county, as the same appeared of record, whereupon it was ordered that the clerk prepare for publication and cause to be published for general circulation in the county a concise statement of the indebtedness of Shawnee County, so far as the same appeared of record, together with a statement of the pur- poses for which and of the order and authority by which, such indebtedness accrued.


At this meeting the clerk was ordered to give notice, by publication, to all persons holding demands against the county, of date subsequent to the first Monday in October in the year A. D. 1857, to present the same to the board on the last Tuesday in January, 1859, or file their claims with the clerk for presentation, before that date.


The probate judge, Edward Hoagland, at the meeting on the 30th of November, presented a petition to the board asking that his salary be fixed and that treasury orders be granted to him for such sum as the county might be in arrears to him. This petition, together with several others of a similar nature, being considered by the board, it was ordered that they be "laid on the table."


On the 14th of December the chairman of the board, Jeremiah Murphy, was requested to join the clerk in


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preparing for publication a statement of the public in- debtedness, as the clerk had been ordered to do so. on the 30th of November. On the next subsequent meeting of the board, January 4th, held at Auburn, the chairman and clerk were ready with their report, and presented the same, with resolutions, as follows:


T'o the Citizens of Shawnee County.


WHEREAS, Conflicting statements are in circulation in regar- to the financial affairs of our said County, and consequent anxd iety and mistrust, WE, the undersigned, County Board of Su- pervisors, have deemed advisable and do hereby submit for gen- eral information a detailed statement of all claims against the county of Shawnee, so far as they are enabled to discover the same from the public records, together with the occasion thereof.


It appears from files in the Clerk's office, that artcles of agreement were drawn up between the Probate Judge and Coun- ty Commissioners of Shawnee County and the Tecumseh Town Association, bearing date September 17, 1855, whereby the said Town Association contracted to "convey to the said Probate Judge and County Commissioners, or their successors, the plat of ground in said Town of Tecumseh, known as "Court Square," and also Lots No. 26 and 27 on the public square ; and also for the construction of the brick-work, mason-work, digging, foun- dation and everything appertaining to that branch of the build- ing and erecting of a Court House for said county, on the terms following, to-wit: After the rate of twelve dollars per thousand on the brick measurement when completed, and the usual mason's prices, say at Westport, for the stone work.


The said Town Association to be paid for the same in manner following, viz :


" One-fifth to be assessed and tax levied and collected under the first term prescribed by law, viz : commencing in February next (1856).


" Two-fifths in like manner in 1857, and the remaining two- fifths in like manner in 1858,-with ten per cent interest on the whole sum remaining unpaid, commencing from the COMPLETION of said work : County debnitures or bonds to be delivered to said company in relative proportions, payable as above specified."


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These articles were never fully executed, the same not having been signed by the said Probate Judge and County Com- missioners, nor by any one else on behalf of the county.


It appears that bonds of the county have been issued to the said association, as follows to-wit :


July 20, 1857. 500.00


August 15, 1857 2,725.00


May 22, 1858. 708.05


3,933.05


These bonds bear interest at the rate of 10 per cent per annum and thereon has accrued an aggregate in terest at this date of. 495.64


$4,428.69


In addition to this there is presented, a claim by the said Association for lightning conductors put up during the summer of 1858. 37.50


Showing a total of obligations to the said Town Asso- ciation on account of the " court house " at this date, of. $4,466.19


It further appears that Duke N. Hunter, Superintendent of Public Buildings in Shawnee County, in accordance with Kan- sas Statutes, passed A. D. 1855, entered into articles of agree- ment with one Luther M. Carter, of Westport, Missouri, whereby the said Carter agreed to " furnish all necessary mate- rials and labor, and in all respects finish the 'Court House ' in the town of Tecumseh, so far as said building may require brick-work and lathing and plastering, and painting, excepted."


And said Carter was to receive therefor, the bonds of the county of Shawnee, to the amount of three thousand two hun- dred and thirteen dollars, payable, "one-third in one year from Ist of February, 1856; one-third in two years from Ist of Feb- ruary, 1856 ; and one third in three years from Ist of February, 1856 ; and bearing interest at and after at the rate of ten per cent per annum from the date of said bonds.


One-third of said bonds to be executed and issued to said Carter or his assigns on the execution of securities on his part to the contract ; one-third when the roof is on, completed ; and the remaining one-third when the job is completed by said Car- ter."


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It appears of record that the bonds of the county have been issued to Luther M. Carter as follows :


On the 18th of August, 1856.


1,071.00


On the 15th of December, 1856. 771.00


Making of bonds issued to him. $1,842.00


And leaving an amount yet due him, according to


the terms of the contract, upon completion of his job, of. 1,371.00


$3,213.00


The aceumulated interest upon the eighteen hundred and forty-two dollars of bonds already issued, is at this date. 439.33


Making total indebtedness to Mr. Carter as per books at this date of.


PER CONTRARY. $3,652.33


On the 16th day of March, 1858, Mr. Carter presented be- fore the Board of County Commissioners, bonds against the County in the sum of $2,913.00 and demanded further bonds in payment of interest then due upon this sum as computed by him of $565.13, and thus showing an indebtedness to him on that date, as claimed, of $3,478. 13.


How he came in possession of so large an amount of bonds of the county does not appear, but assuming that a larger amount has been issued to him than from the books appears, and that his claim actually amounted, on the 16th of March last, as he claimed, to the sum of $3,478. 13.


Then the aggregate indebtedness to him at this date would be interest added, $3,750.00.


It further appears that county bonds were issued to E. G. Goforth on the - - dayof -, 1857, for painting done on the said building, in the sum of two hundred dollars,-but whether these bonds bear interest is not known to us.


In addition to the foregoing, there has been paid as per Treas- urers Report, for lumber used in and about the court house, the sum $91.30, and showing an aggregate expenditure on account of the same, amounting at this date, to the sum of $8,556.49, as follows, to-wit:


Bonds issued to Tecumseh Town Association. 4,466. 19


Bonds issued to L. M. Carter as claimed by him. 3,750.00


Bonds issued to E. G. Goforth and interest. 249.00


Orders paid per Treasurer's Report. 91.30


$8,506.49


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We find Treasury orders outstanding as follows .


No. I, in favor of E. Hoagland, dated Sept. 24, 1855 ..... 7.50


No. 2, in favor of D. W. Hunter, dated Sept. 24, 1855 ... 67.00 No. 3, in favor of John Martin, dated July 21, 1-856. 80.00 No. 4, in favor of H. J. Strickler, Aug. 18, 1856. 6.00


No. 5, in favor of Wm. O. Yager, Dec. 15, 1856. .75


No. 6, in favor of Wm. Yocum, Dec. 15, 1856. 48,00


No. 7, in favor of L. M. Carter, Dec. 15, 1856 10.80 No. 8, in favor of John Martin, Feb. 23, 1857 56.50 No. 9, in favor of Jesse Franks, July 20, 1857. 30.00.


No. II, in favor of Wm. O. Yager, Oct. 3, 1857 69.00


No. 12, in favor of Wm. Yocum, Oct. 3, 1857 30.00


No. 13, in favor of J. B. Whittaker, Oct. 3, 1857 54.14


No. 14, in favor of L. M. Carter, Oct. 3, 1857 .. 65.00 No. 15, in favor of Edward Hoagland, Nov. 20, 1857 60.00


No. 16, in favor of John Martin, Nov. 20, 1857 85.95


Total $745.55


To which if we add the amount of claims on account of the " Court House," $8,556.49, there appears an ascertained de- mand of $9,304.94.


Beyond the above there is a large amount of outstanding scrip, issued by the District and Probate Courts, to jurors and others, also for guarding and keeping prisoners ; dues to county officers during the past fifteen months, together with expenses for stationery, &c., of which no definite statement can be made, but which from the best information we can procure, we should estimate to be some fifteen hundred or two thousand dollars.


It thus appears that there are claims outstanding against the County, in the sum of about eleven thousand dollars.


It may be expected of us in this connection, to say some- thing of the nature of the claims thus accruing, and of the course proper for the county to adopt in regard to them. But in this we shall be brief, preferring rather to leave a full discussion of the subject to the people at large.


As will be observed, the principal of the amount of claims, is an account of a building erected in Tecumseh, ostensibly for the purposes of a court house for the use and benefit of the county.


The so called Legislature of Kansas Territory, sitting at Shawnee Manual Labor School, in 1855, defined boundaries for Shawnee County, elected for us county officers, and prescribed ways in which they might proceed to the erection of county


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buildings at an unlimited expense, thus characteristically with- holding from the people any expression of their choice in the location of their county seat and making them liable to onorous taxes for the erection of county buildings, in place and in char- acter, such as were entirely repugnant to their wishes.


We will remark in relation to the expenditures on account of the " Court House," that they were made in the most reck- less disregard of the wishes of the county ; and in relation to the claims on account of the courts during the years 1855-56 and '57 that they were without the pale of any law of the peo- ple of Kansas ; neither receiving the regards nor the respect of any but the few who sought to impose them upon an unwilling and insulted people.


We therefore have considered that popular opinion, as well as our own feelings and duties, demand of us, on behalf of the people of Shawnee County an utter renunciation of any indeb- tedness of our county for any purpose whatever, accruing from any cause whatever prior to October 1857.


And therefore, we, the Board of Supervisors of Shawnee County, Kansas Territory, do hereby.


Resolve, That we will consider no claim against our said county, grant no allowance or order, and make no appropria- tion for the payment of any claim accruing prior to the first Monday in October, 1857. Fully repudiating and renouncing any and all liabilities of our said county by reason of any contract, agreement, bargain. allowance or proceeding; either through any person or persons having claimed authority thereto or otherwise, under any pretense whatsoever.


J. MURPHY, ALONZO H. HALE, GEORGE BRATTON.


F. W. GILES, Clerk.


Brownsville, K. T., Jan. 4, 1859.


It will be observed that the meetings of the board were not uniformly held at Tecumseh, the psuedo county seat. The laws of the first Free State Legislature had left them without restraint in regard to this matter, and they were pleased to avail themselves of all privileges in that line. The commissioners had held a meeting at Topeka on the 14th of December.


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On the 25th of January, the commissioners again assembled at Topeka, and on that occasion "ordered that in view of the probability of a change in the location of the county seat of this county before the next meeting of the board, that the Hon. Jeremiah Murphy and Eli Hop- kins be authorized to provide rooms for the several county officers, having regard to such change."




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