USA > Kansas > Shawnee County > Historical sketch of Shawnee County, Kansas : prepared for the occasion of the centennial celebration, July 4, 1876 > Part 4
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REMOVAL OF COUNTY SEAT.
By an act of the Legislature, approved February 12, 1858, an election was provided for in the several coun- ties to select a site for county seat-the election to be held at the same time of the election of members for the next Legislative Assembly-in October of the same year. The poll books of the several precincts were to be re- turned to the probate judge of the county, who was re- quired to publish the result of the election for county seat, in five days after receiving them, whereupon the lo- cality receiving the highest number of votes should be- come ipso facto, the county seat. The poll books were duly returned to his honor the judge, or rather to his office in common with the office of his clerk, as had been specially designated at his suggestion by the county board, but no notice was taken of them by him, or at least no publication was made of the result of the election as the law required, though it was soon known through- out the county that the vote had been largly in favor of Topeka. Finally the public became so indignant toward Judge Hoagland, who had now sympathized with the Free State sentiment, for his contumacy in refusing to publish the result of the election that he did on the 16th day of December publish a statement in relation to the election, but made it the occasion of assigning fourteen distinct reasons why the election was invalid and void- he formally declared it to be void.
The clerk of the county board ex-officio clerk of the probate court and recorder of deeds, then in turn became
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revolutionary, and about the 10th of January brought away the archives of his several offices to Topeka.
The judge was exceedingly wroth at this, and with- out delay procured a writ from Associate U. S. Judge Elmore, which was duly served upon the truant clerk by Sheriff Maires, appointee of Geo. Denon as successsor to Jehiel Tyler resigned, commanding him to appear be- fore his honor at court on the following day to show cause why, &c.
The clerk obeyed the summons and presented him- self at the court house in Tecumseh on the following morning. Judge Hoagland was present to present the case, but the clerk was withont attorney and willingly confided the result to Judge Elmore. The Judge realiz- ing the situation more fully than Hoagland, and perceiv- ing wrong in him as well as in the clerk, imposed no penalty or word of reproof, but told the clerk to go his way.
On the 25th of January, the commissioners convened at Topeka again, and, with other business, ordered that Jeremiah Murphy and Eli Hopkins be requested to pro- vide rooms at Topeka for the several county officers. On the same day of this action by the board, the Legislature, in session at Lawrence, passed the following law :
· " WHEREAS, At an election held in the county of Shaw- nee, Territory of Kansas, on the fourth and fifth days of October, A. D. 1858, for the location of the county scat of the said county of Shawnee, by a direct vote of the people of said county, the city of Topeka was selected as such coun- ty seat :
"Therefore, Be it enacted that the county seat of Shaw- nee county, in the Territory of Kansas, shall be and the same hereby is, removed and permanently located at the said city of Topeka."
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Thus a subject which had caused much anxiety on the part of the rival towns of Tecumseh and Topeka, and for which Brownsville had put forth urgent claims, was finally disposed of.
On the 25th of January, the board of county commissioners appointed a committee with full power and authority to provide for a county jail at the city of Topeka, at an expense not exceeding six hundred dollars. In pursuance of the above order, an arrangement was entered into with the mayor and council of the city of Topeka, by which a small building was erected for their mutual use.
The county of Richardson was detached from Shaw- nee, for judicial purposes, in 1859, and the county of Osage in 1861.
At the township election, on the 28th of March, there were elected as county commissioners: From Auburn township, A. H. Hale; from Tecumseh township, Henry W. Martin; from Topeka township, Hugh M. Moore; from Burlingame township, S. R. Caniff. Mr. Hale was chosen chairman of the board.
During the year 1859, the commissioners were largely occupied in establishing a system of revenue for the county and the several municipal townships; in laying out roads ; building bridges; granting ferries; regulating a common school system, and similar works incident to the public wants in newly organized communities. There was great difficulty in getting the revenue system to work effectually, so much so that it was late in 1859 before any funds flowed into the treasury, worth mentioning. For the year 1858, there had been a levy of $2,645.14 for county purposes, and $1,322.57 for purposes of the several municipal townships, as follows: In Topeka township, $865.10; in Tecumseh township, $923.64; in Brownsville township, $491.28; in Burlingame township, $365.12. No
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part of this tax had been collected and returned to the county treasury, and but a very small percentage of it ever was collected.
At the legislative session in 1858-59, six counties- including much the largest part of the population of the Territory-had received permission to issue county bonds to defray court expenses ; but Shawnee had not been one of them, confidently relying upon her ability to put the machinery of civilization in motion without resort to a public loan.
On the occasion of the March election, was submitted the question of holding a convention at Wyandotte, for the purpose framing a State Constitution. There was polled an aggregate vote of 426 in the county, of which 359 were " For Constitution," and 67 " Against Constitu- tion." At the election held on the 7th of June, for dele- gates to that convention-four delegates to be elected- eight candidates were voted for. Of the votes cast, John P. Grier received the largest number (543), and Jeremiah Murphy the lowest number (50.)
At the election upon the adoption of the constitution, October 4th, the total vote cast was 780, of which 671 were "for the constitution "-109 against. On the 8th of November at an election for delegate to Congress and other purposes 702 votes were polled.
In the month of May U. S. Associate Judge Rush El- mon held his first district court at Topeka. In the fol- lowing year the county board memorialized the Judge to hold no court in the autumn, on account of the dis- tress of the people incident to the general failure of crops from drouths.
At a meeting of the board on the 21st of June the clerk was ordered to cause to be removed from the coun- ty seal " the human figure and the word Tecumseh."
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On the 17th of November of that year the commis- sioners levied a tax for county purposes in the aggregate sum of $9,415.52 upon the property of the several town- ships, as follows :
Topeka tp., $3,018.20; Tecumseh tp., 2,370.14; Au- burn tp., $1,707.75; Burlingame tp., $1,515.43; Waka- rusa tp., $804.00. The levy for common school purposes was two mills to the dollar valuation.
The expenses of the county were necesarily large and the burden greatly augmented by the necessity of its using its credit for every expense incurred. County or- ders could only be used at about fifty per cent. of their par value in the fall of 1859. The items of expense for 1859 were, for pay of civil and judiciary officers, $3,734 .- 72; for defraying the expenses of criminal cases and care of prisoners, $1,081.87; for defraying expenses of U.S. District Courts, $2,904.14; for the construction of highways and bridges, $2,302.00; for stationery, books, fuel and furniture for use of public offices, $253.16; for support of poor, $232.25 ; for rent of public offices and court room, $182.00; for printing, $73.50. Total, $10,- 762.64.
THE TOPEKA LAND RECORDS.
There appears upon the public records of the county an order by the board of commissioners, under date of January 21st, 1860, largely personal in its nature, but deemed to be of some public importance and therefore given. The order referred to reads "That the county at- torney be and is hereby authorized to institute an action against F. W. Giles, late Recorder of Deeds of Shawnee County, for the recovery of any books of record, which contain any record of deeds which are required by law to be kept or filed with the Register of Deeds of the county of Shawnee, and which the said F. W. Giles retains in his possession and refuses to deliver to his legal successor in office."
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In explanation of the foregoing action it may be well to say, that the man against whom this order was di- rected, had, in the spring of 1857, of his own unadvised · volition, and at his individual expense, procured books, and for a nominal fee, kept a record therein of such transfers of inchoate title as had passed between the members of the Topeka Association and others; and which were based entirely upon certificates issued by the trustees, to the effect that upon their acquiring title of the land from the United States, the holder would be en- titled to receive title from them of a given property or lot. The holders of these trustees' certificates were in the habit of transferring them by endorsement, requesting the trustee to make deed to the transferer, or, at other times, making an informal deed of the lot described in the certificate, and adding an order addressed to the trustees to make deed to the holder.
To the end that confusion of rights might not occur in the town company, and especially that the trustees might be prepared to do justice in the premises, these records had been opened to such as might desire to have their papers recorded.
At the session of the Legislature in the winter of 1858-59, these records were thought to be of sufficient importance to justify an act, of which we append the first section, as follows :
"SECTION 1. That the books of registry of transfers of lots in the city of Topeka, as kept by F. W. Giles, be and the same are hereby legalized, and shall be evidence in all courts of law or equity of the transfer of title in said city of Topeka ; and it shall be the duty of all persons to have transfers of titles registered in the said registry, until such time as the fee simple of said lots can be ob- tained from the United States or others; when the same shall be recorded in the records of the office of the county
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in which said city of Topeka is situated, and said books then filed."
The act may be seen in Private Laws of 1858.
Uupon retiring from the office of county clerk, ex-of- ficio recorder of deeds, which he held at the time of the passage of the foregoing act, the author of these "Tope- ka Land Records " had taken them with him, as their only proper custodian, and hence the procedure against him. To avoid the trouble of litigation he permitted them to go into the custody of the public officers of the the county. Whether they are rightfully there-whether records may be lawfully made in them by another than their author-are questions of some interest, but which have not been adjudicated.
CHANGE OF COUNTY LINES.
By an act of the Legislature, at the session of 1859-60, there was detached from Shawnee County, on the south, all that territory previously belonging to the county and lying south of the township line, between towns Nos. 13 and 14, amounting to six full government townships ;- and by the same act there was detached from Jackson County and added to Shawnee all the territory previously belonging to Jackson and lying south of the second standard parallel, amounting to a little more than two government townships.
This action was largely prompted by a desire on the part of the people living in the northern part of the county, and particularly at Topeka, to render that town more central in the county, and thereby strengthen its claims to permanently remain the county seat. The ac- tion was reciprocated by a similar feeling by the people of Burlingame with reference to making that town the county seat of Osage county. It was particularly griev- ous to the town of Auburn which had been founded some-
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what upon the probability of its becoming the county seat of Shawnee. A hope to that end was strongly cher- ished by its people till after the change of county lines before named.
This action necessitated a reorganization of municipal townships, and on the 17th of March, 1860, by action of the county board the number of townships was reduced to three, namely: Tecumseh township, including in its boundaries all the eastern portion of the county lying south of the river; Topeka township, comprising the newly acquired territory lying north of the river, and the . northwest portion of the county lying south of the river; and Auburn township, comprising the southwest portion of the county.
This limited number of townships being unsatisfac- tory to the citizens, on the 20th of April Monmouth Township was organized from the southern portion of Tecumseh township; Williamsport, from the eastern portion of Auburn township; and the newly acquired territory lying north of the river was enacted into the township of Soldier; and on the first of October the town- ship of Dover was enacted from the west portion of Auburn township.
By the ever memorable drouth of 1860, Shawnee, in common with other districts, suffered very greatly. The labors of agriculture at that time were confined almost entirely to the growth of corn and vegetables, and of which hardly a bushel matured that year, for want of rain. Many people left the county, and large sections then depopulated have remained so to this day.
On the occasion of the elections in March, 1860, 742 votes were polled, but in November, at an election of much greater general interest, but 591 votes were polled.
The decrease of population in eight months was
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probably considerably above 20 per cent. in Shawnee County.
The aggregate indebtedness of the county was re- ported by the commissioners on the first of October, to be $8,267.30.
The valuation of the property for purposes of taxation was returned in 1860 at $1,229,617. The levy for county purposes was fixed at seven mills, for general purposes ; and a special tax of two mills on the dollar for roads. In addition to these, a tax was imposed for township pur- · poses, in Topeka, of seven mills per cent., and in each of the other townships of one mill to the dollar.
The financial report of the year shows the receipts from taxes and other sources to have been $9,270.37, and the total expenses to have been $10,977.74.
TOPEKA FROM 1857.
THE FIRST BRIDGE.
Returning to consideration of affairs local to To- peka as we left them at the close of 1857, our attention is first arrested by a bridge enterprise. During the winter of 1857-58 Messrs. Jones and Kidney, men of some en- gineering skill arrived at Topeka and finding the people anxious for a bridge across the Kansas river, made a cursory examination of the river bed with reference to the practicability of constructing a pile bridge. They reported the plan feasible, whereupon a contract was made with them by a previously existing bridge com- pany, to build the bridge for the sum of about $10,- 000 and have it completed for use by the first of July, 1858.
The winter proved very favorable for their work, so much so that the bridge was passible by the first day of May-the first bridge that spanned the Kaw.
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The Topekans were greatly elated at their achieve- ment and visions of commercial greatness were cher- ished as a substantial thing already in hand. Notices of the bridge were made wherever they could be of interest, and were responded to by an amount of travel that had never concentrated at any point on the river before. There are many things of interest in connec- tion with this work-especially to Topekans of that period -but the limited proportions of this sketch will not permit of their narration here.
But the bridge was a frail thing-no way equal to the majesty of the Kaw when "on a high." In the fol- lowing July there came heavy and continuous rains throughout all the country drained by the river, and a flood rolled down the valley such as, it was said, had not been seen since 1844. Every possible effort was made to save the bridge by the citizens, but all of no avail. On the. morning of the 17th of July the water reached the flooring of the bridge and it swung in sections down the stream, bearing upon the fragments two spirits more de- termined in their zeal to clear away the drift and save the bridge than others, Messrs. James A. Hickey and G. G. Gage.
The few weeks that the bridge had been in use had been ample to demonstrate its convenience to emigrants and freighters, and to show it almost a government necessity. It was useless for the little community to think of rebuilding without foreign aid, so an urgent and well supported appeal was made to the Secretary of War, J. B. Floyd, for assistance to the amount of $20,000. But the secretary, for other reasons than any undue affection for Free State towns in Kansas, heeded not the call.
This bridge was at the locality of the present one and some of its piles may still be seen leaning in the river
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bed. It had a draw of the turntable order, to admit the passage of boats.
Ferries were reestablished and no further efforts were made for a bridge till 1865. In October of that year a pontoon bridge was completed that rendered valuable service for several years.
STEAMBOATING ON THE KAW.
We have spoken of a draw in the bridge for the pas- sage of boats, a provision that to persons who have come to Kansas within the railroad era, may seem bordering upon the ludicrous, but if they could realize the import- ance that was attached to the question of the navigabili- ty of the Kaw by the first settlers, they would see that this draw in the bridge represented a profound senti- ment of hope. The fact that supplies for Fort Riley were taken direct from St. Louis by steamboats in 1844, was familliar to the settlers and of great interest.
In the summer of 1855, and every year thereafter till 1860, steamboats visited Topeka, and some went beyond, as far at least as Manhattan. Their arrival was always heralded with great satisfaction, and the little transport- ation that Topeka had was cherfully given to the river boats, as many as three at a time having been seen at the muddy bank near the foot of Madison street, digni- fied by the name "levee." We take the following from the Topeka Tribune of June 2, 1859 :
" The arrivals and departures of steamers at our levee during the past week has already made quite an addition to the business appearance and prospects of our city. The Calona came up on Friday evening; the Otis Webb on Saturday, and the splendid little packet steamer Col. Gus. Linn landed on Saturday morning. All three of these boats brought large shipments of merchandise for the Topeka market, and the first and second named boats,
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which turned about at this place, took away fair cargoes of corn, etc. The officers of the Gus. Linn informed us that the river was in better condition for boating-less snags and sand bars-between Lawrence and Topeka, than between Lawrence and the mouth of the river."
The warfare for free Kansas having been finally decided by the elections in the fall of 1857, immigration was large in the succeeding year, and exclusively from the free States. The predilections of these people led them to settlement in or near the free State towns. From these causes, with others, Topeka took up the march to a greater population and influence, with a firmer trust than had previously attended her course. A municipal government was organized, schools and churches and other public interests advanced ; and private enterprises -strengthened by the general firmness, politically and socially, that marked the new life of Kansas-inclined to the construction of better dwellings, hotels, and store- houses than before, and gathered rapidly around itself the finer threads of civilization abandoned in the East for the sterner work of life in the West.
The buildings erected in Topeka in 1859 were esti- mated to have cost from $60,000 to $70,000-independ- ently of many improvements to buildings previously erected. This would imply a large number of buildings of the quality then usually built. The increase of mate- rial wealth during the year was computed at $100,000, and the increase to the population to have been 1,200-a high estimate.
During the winter of 1854-55, the founders of Topeka passed the evenings in their lowly and unlighted cabin in conversations upon subjects pertaining to their enter- prise. The writer well remembers the subject of railroads was under consideration one evening, when the remark was made by M. C. Dickey, that in ten years from that
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time we would have a railroad to Topeka. The remark was followed by a general laugh over what seemed so ridiculous a remark, for at that time there was no rail- road within four hundred miles of us-or at Alton, Illinois. .
ST. JOSEPH AND TOPEKA RAILROAD.
By the Territorial Legislature of 1856-57, there was chartered a corporation with the above title. As its name imports, the purpose of the company was to build a rail- road from St. Joseph, Mo., to the little rude settlement in Kansas styled "Topeka,"-a word sometimes defined in those days, and not rightly, to signify To peak-to look into, or around, to see what was going on.
The company was fully organized at St. Joseph on the 16th of June, 1857, by the election of Reuben Mid- dleton, Armstrong Beatti, W. P. Thompson, C. K. Holli- day, F. L. Crane, M. C. Dickey, A. L. Lee, John Steward, E. H. Grant, John W. Foreman, R. McBratney and Rob- ert Riddle, as directors.
The directors organized by the choice of W. Prodas Thompson, President; F. L. Crane, Treasurer ; and R. A. Johnson, Secretary. At the time of this organization, the Hannibal & St. Joseph road was not built more than half way across Missouri, and the Missouri Pacific had not passed Jefferson City. George Willard Hall, at the time president of the Hannibal & St. Joseph road, was a man out of time in Missouri-he knew he was building that road for some purpose, and for what better purpose than to strike the center of Kansas, as it was then understood to be, and at once afford the impatient people of that Territory a ready means of communication with their eastern friends.
Mr. Hall took an active interest in the road at once, visited Topeka and many points on the line of the road, to work up an interest in it, and declaring it his desire
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to have the road constructed from the Missouri river to the Kansas river simultaneously with the completion of the Hannibal and St. Joseph.
The Topeka Association issued a stirring "Railroad Circular " which it distributed extensively in the East. It is a document of great interest now, but we must con- tent ourselves by transcribing a few extracts.
" Not only would the greater portions of Kansas be tributary to it, but in conjunction with the Hannibal and St. Joseph and the northern cross rail roads it would con- stitute the main thoroughfare between the southwestern and northern and northeastern states. There is reason to believe also that the main track of the Pacific road, in case of the early completion . of this road, would be ex- tended from this terminus, and the R. R. to the Gulf of Mexico, recommended by Gov. Geary in his recent mes- sage, would also probably connect with it at this place.
" This road from the considerations already named, will make the route from Chicago to Topeka the most important thoroughfare of trade and travel in the United States- with Chicago for the point of concentration from the North and East, thence passing over the Chicago and Quincy, the Hannibal and St. Joseph and the St. Joseph and Topeka roads to Topeka, the distributing point for Southern and Western Kansas, Oregon, New Mexico, California and Texas."
If the language of these extracts seems extravagant, it is but necessary for one to go back in imagination twenty years and scrutinzie the situation of commerce and communication as they then existed, to see that it is but tame reality. We hesitate not to say, that for com- prehensiveness and boldness, the scheme of striking across Missouri to a point on the Kansas river a hun- dred miles interior, its date being remembered, was one of the most intelligent and bold conceptions of railroad building that has marked the age.
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St. Joseph and Doniphan each subscribed $50,000 to the enterprise, and Topeka $30,000, The Doniphan Post in an editorial upon the subject in November, 1859, said : " A very wealthy company has charge of the building of the road ; all the necessary surveys have been made; all the towns along the route have taken large subscriptions, the principal part of which they will pay up immediately, in grading from their respective places, so as to secure its completion in the shortest space of time possible.
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