History of Labette County, Kansas, and representative citizens, Part 44

Author: Case, Nelson, 1845-1921, ed
Publication date: 1901
Publisher: Chicago, Biographical Pub. Co.
Number of Pages: 846

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know the date of its birth. The first religious services on the present site of Parsons were held in the summer of 1870, in Abraham Cary's log house on the northwest quarter of section 18, by A. W. King, a local preacher from Osage township. Mr. King continued to preach there every two or three weeks during the summer and fall. The town having been started in November, a number of buildings were on the ground by December. Among these was a two-story frame standing on lot 32, block 25, next to the southeast corner of the block, the lower part of which was occu- pied by Charles Hazard with a saloon. In the room over this saloon, on the evening of Dec. 15, 1870, Mr. King preached the first Methodist sermon that was delivered in the town of Parsons; it was also the first sermon preached in Parsons by any minister. In March, 1871, Rev. G. W. Pye was appointed to the New Chicago (now Chanute) work, with the understanding that he should also visit Parsons and preach occasionally. During the spring he visited Parsons, preached, organized a class, and commenced the first regular Meth- odist work done at this point. During the year he came about every two weeks. Serv- ices were first held in what was known as Hewes' Hall, on Forest avenue. During the spring Cary's Hall, on the northwest corner of block 42, where the opera house now stands, was built, and the upper story seated by the Methodists and Presbyterians, in which to hold services. In this room, in the month of May, 1871, the Methodist class was organized. Adam Gebert was the first to give his name and his hand to the pastor, Rev. G. W. Pye, and Abraham Cary was the second. At the con- ference in March, 1872, Rev. J. W. Fox was sent to the Parsons circuit, which included, besides Parsons, Montana, Spring Valley and 22

Lahette City appointments. His salary was estimated at $800, and he was paid about $600. At the first quarterly conference, on April 6, 1872, a building committee was appointed ; which committee, on April 27th, adopted plans- and specifications for a church building, and at once advertised for bids. On May 8th the bids were opened, and the contract awarded at $4.753. But, owing to the pressing needs of the settlers and the financial distress generally prevailing, a meeting of the committee was held on June 10th, and it was decided to in -- definitely postpone the project of building. In: the fall of 1872 a small building denominated .. a "tabernacle" was erected on the site of the present church, at a cost of about $700. These: lots were donated to the church by the town company. The tabernacle was dedicated Nov. 3, 1872, by Rev. H. D. Fisher. In this build- ing the church services were conducted until the fall of 1876, when it was sold to the United Brethren and removed from the lots on which it was built. In March, 1873, Rev. C. R. Rice was sent to the work, and early in the year built a small parsonage in block 47, at a cost of about $300. Services were held quite ir- regularly, on account of the inability of the church to support the pastor, and in December he removed his family to Emporia and sup- ported them with his own labors, having re- ceived less than $200 from the church during the year. Notwithstanding all this, Mr. Rice did some very efficient work. Rev. Peter De- Clark was the next pastor. He arrived from the East in April, 1874. Small-pox, grass- hoppers and hard times were too much for him, and in July he resigned the work. He was followed in November by Rev. Boyd Lowe, who was returned to the work in 1875, and for his services received all that was promised, viz., $500-the first experience of the kind

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the church had had. In 1876 Rev. J. F. Boone was in charge of the work, and in March, 1877, Rev. C. A. King came, and remained three years. The tabernacle having been sold the previous fall, services had to be held in halls, vacant store-rooms and such places as could be secured. This made the church see the im- portance of building a house, and the pastor proceeded at once to take steps for its accom- plishment. On Nov. 5, 1877, the corner-stone of the present church edifice, on the southeast corner of block 42, was laid by the Masons. The foundation was completed, and covered during the winter, and work resumed in the spring. In the fall of 1878 the church was inclosed, and opened for services by Bishop Bowman. An extensive revival followed. In March, 1880, Rev. M. H. Wilson was ap- pointed to the work. His ways were not con- genial to the membership, and after six months' trial he was allowed to depart, and was fol- lowed for the balance of the year by Rev. C. E. McClintock. In 1881 Rev. G. W. Pye was returned to the work, and in March, 1882. Rev. H. W. Chaffee came. The church and pastor were mutually satisfied with each other, and he remained till 1885, when, under the limitation, a change was required. During his pastorate the church, which since its erec- tion had been occupied in an unfurnished con- dition, was completed and furnished, and on Feb. 22. 1885, dedicated by Rev. E. C. Boaz. In March, 1885, Rev. H. A. Tucker became pastor, and continued as such for three years. The following three years, commencing with March, 1888, Rev. J. E. Brant was pastor. Rev. R. P. Hammons was appointed to the charge in March, 1891, and continued two years, being succeeded in March, 1893, by Rev. John H. Price, who remained three years,

being followed by Rev. Hugh McBirney, who staid until the conference of 1901. During the last year of Mr. Hammons' pastorate, the church was enlarged and improved at a cost of about $4.500. The debt against the church, amounting to $2,000, was paid under Mr. Mc- Birney's administration, and, in addition to this, some $1,500 was expended in enlarging the grounds and in improving the property. The membership of the church is about 500. In the fall of 1881 the young people of the church organized the Aftermath Society, and elected as its officers Mrs. Frank Curtis, presí- dent; Bell Letton, secretary; and Thomas Clark, treasurer. Under its management the first young people's prayer meeting of the church was organized. It did much toward encouraging the social life of the church, and was also of material assistance in its financial management. This society was succeeded by the Adelphian Society, which was organized March 1, 1887, with W. J. Wirt, president ; Miss Frankie Reed and Miss Bertha Kaysing, vice-presidents; Mertie Shannon, secretary ; and Charles Nordyke, treasurer. This so- ciety did much toward helping in literary and normal work. In the spring of 1889 it reor- ganized as the Young People's M. E. Union, with Maggie Elliott, president; P. W. Blake, vice-president ; Jennie Martin, secretary ; and A. D. Lucas, treasurer. Haven Chapter of Epworth League was organized December 10, 1889, with Rev. J. E. Brant, president ; T. R. Breese, Will J. Wirt, Miss Jennie S. Martin, J. T. Tendrum, vice-presidents: Maggie S. Elliott, secretary ; John W. Sleigley, treasurer ; and a membership of 17, which in three years increased to about 140. All departments of the work are well in hand, and it has been a great help in the general work of the church.

THE SETTLERS' CONTEST FOR THEIR HOMES

The contest of the settlers on the Osage | by means of which they were enabled to com- Ceded Lands to secure titles to their homes mand the best legal talent of the country, and whatever else they needed that could be pro- cured by money ; the prospect of securing 800,- 000 acres of land through the negotiation of the infamous Sturges treaty, by means of which it was hoped that unscrupulous legislators and Government officials could be corrupted to sup- port the common cause of the several com- panies to secure from the General Government a recognition of the claims of each in these trust and ceded lands, to the robbery alike of the school fund and the actual settlers; almost the entire press of the country ; and, what may possibly be regarded as one of their strongest supports, a very general local feeling that it was inexpedient to do anything that looked unfriendly to the railroads, the speedy con- struction of which into each community they especially desired, and the general favor of which they eagerly courted. As opposed to this there were several hundred settlers scat- tered over two counties 25 by 50 miles in ex- tent, most of whom had scarcely enough means to furnish their homes with anything like the comforts of life and provide sufficient teams and tools to cultivate their farms. They had come here from nearly every State in the Union; had no acquaintance with each other ; were unfamiliar with public business; were distrustful of themselves, and more so of those was one of the most heroic struggles that has ever been made. Considering the number of parties interested, the extent and value of the subject-matter of the contest, the apparently grossly disproportionate strength of the two contestants, the length of time to which the contest was protracted before a final decision was reached, one will scarcely find in the annals of history an instance where the devotion to the principle involved, the ability displayed in working up and managing the contest, the victory achieved, was as marked as was that of the settlers on the Osage Ceded Lands in con- testing with the railroad companies the right to secure from the Government a title to their homes. At the outset everything seemed to be in favor of the railroad companies-at the close they had not as much as a solitary thread left to fling forth as a banner denoting their success in the fight. When the contest com- menced, on the side of the corporations we find the Secretary of the Interior, standing as head of the Land Department of the General Gov- ernment ; coming to his aid a little later the Attorney General of the United States ; through their decision, patent: from the United States signed by President Grant, conveying the legal title to all these lands to the corporations ; the open treasury of two powerful corporations,

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in whose hands they were asked to place their interests ; were slow to take the little means they had, all of which was needed to procure the actual necessities of life, and put it into a general fund to fee lawyers to prosecute a case which they heard on every hand was a hopeless one. With these surroundings and these pros- pects before the parties respectively, the set- tlers' contest opened. The corporations looked out upon a prospect full of sunlight and cheer ; the settlers' vision was obscured by clouds, and mist, and apparently approaching disaster.

PRELIMINARY STEPS IN THE CON- TEST.

In the negotiation of the treaty with the Osages, on Sept. 29, 1865, the settlers then on the lands, for the purchase of which pro- vision was made in the treaty, felt sure of being able to purchase their lands at $1.25 per acre. The news of the negotiation of the treaty was spread through the country, and largely on the strength of it settlers came upon these lands very rapidly. The failure to secure the rati- fication of the treaty for so long a time, and after its negotiation the further failure of Con- gress to make any provision for obtaining title, caused the settlers to become uneasy. Their rights on the land were much discussed among themselves during 1866 and 1867. It was not, however, until August, 1867, that any definite action was taken by them to induce legislation looking toward granting them relief. A few parties residing in Neosho county conceived the idea of making some demonstration, and got together as many of the settlers as they could at Canville trading-post, in August, 1867. At this meeting it was decided to petition Con- gress to pass a bill to secure the rights of set- tlers, and to allow them to purchase their lands.

A committee consisting of J. M. Bemis, T. C. Cory, D. T. Mitchell and John Johnson was appointed to prepare a petition, get signatures thereto, and forward to Congress. Immedi- ately upon the adjournment of the meeting, the committee prepared the petition, and, deem- ing it unnecessary to travel all over the country to secure the signatures of men who were known to be in favor of what they were asking, the committee took the liberty to attach to it the names of all the settlers on these lands, so far as they were known or could be ascertained. Most of the night having been spent in that work, they had by morning a petition of quite considerable length, which was at once for- warded to Congressman George W. Julian, of Indiana, who was a personal friend of Colonel Mitchell, of the committee. Subsequently other meetings were held, and it was decided to send delegates to Washington to influence Congressional action in behalf of the settlers. Some money was raised, and Hon. Solomon Markham was sent to represent the settlers' interest. In the spring and early summer of 1868. a newspaper having been established in each of the two counties, the settlers' cause began to be discussed through the press. In the summer of 1868 conventions were held in Labette and Neosho counties, at which dele- gates were elected to a joint convention to be held at Fort Roach, or Ladore, on September 14th. This meeting organized by electing Joseph McCormick, of Labette county, chair- man, and J. H. Scott, secretary. Owing to a misunderstanding as to the time of meeting, it was voted to adjourn to the 26th inst. On the day last named the meeting was held, with a full attendance from both counties. In the meantime steps had been taken to secure funds to carry on the work, and reports of success were made at this meeting. It was decided to

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again send a delegate to Washington, and Judge Solomon Markham, who had repre- sented them at the previous session, was again selected as their agent. This selection was not entirely satisfactory to all of the settlers, and especially to those in Labette county, and a convention was held at Oswego, December 26th, at which Col. Willoughby Doudna was selected as the special agent of the settlers of this county to go to Washington. Both Judge Markham and Col. Doudna spent the winter in Washington, and helped to secure the pas- sage of the law giving the settlers the right to purchase their homes.

The treaty provided that those who were already upon the land should have a right to purchase a quarter-section at $1.25 an acre. Under this provision it is said that 143 set- tlers in the two counties took title to their homes. All of those who went on the land subsequent to Sept. 29, 1865, were depend- ent upon future litigation for their rights to secure title. The settlers' efforts were first directed to securing the attention of Congress, but their most serious contest was in procur- ing a construction of the law by the courts in opposition to the construction that had been placed upon it by the Land Department of the General Government.

SETTLERS' MEETINGS.

A notable feature of the contest carried on by the settlers was the immense meetings whichi they held in various parts of the two counties for the purpose of awakening an interest and creating enthusiasm in the members. The first of these meetings, which may be called their great one, was held at Jacksonville. on July 28th and 29th, 1869. This meeting was really called in the interest of the settlers on

the Cherokee Neutral Lands to protest against the Joy purchase and in favor of the rights of the settlers on those lands to purchase them from the Government; but it was attended as largely by the citizens on the Osage Ceded Lands as by those on the Joy lands, and was turned into a meeting in the interest of both. The Oswego brass band was present and fur- nished the music. Congressman Sidney Clarke and John Speer made a trip from Lawrence in a lumber wagon, taking in Major H. C. Whit- ney at Humboldt; they were of course doing a great deal of political work as well as look- ing after the settlers' interests; all of them made speeches. Fully 3,000 people from the four counties were present, and were electri- fied as only such a crowd can be when their homes are in peril and measures for their security are being discussed. Two sets of res- olutions were adopted : one by the settlers on the Joy lands, and another by the settlers on the Osage Ceded Lands. At night Senator Pomeroy was hung in effigy, and his actions, which were believed to be inimical to the set- tlers' interests, were severely denounced.

From this time on, the cause of the settlers on the Osage Ceded Lands had a popularity which it had not before that enjoyed. An- other meeting was called, to be held at Jack- sonville, on Sept. 15, 1869. This was very much less satisfactory in its results ; but seven persons were present ; one of these was Major Whitney. The report of this meeting which went out did not give the numbers attending, and it had in the eye of the public an air of respectability. Nothing was accomplished ex- cepting the call for a series of meetings to be held the first two weeks in October, through- out Neosho and Labette counties, and the ap- pointment of a committee, consisting of H. C. Whitney, T. C. Cory, and J. S. Waters, to pre-

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pare an address to be published not later than October Ist. If any of the meetings provided for at this time were held they were but small affairs, and made little impression. The next great meeting of the settlers was at Ladore on July 4, 1870. J. F. Bellamy, H. C. Whitney and John Speer made speeches. On the fol- lowing day the settlers formed their protective association. On Sept. 26, 1870, in compli- ance with an appointment made by the associ- ation on August 26th, a convention of the set- tlers was held at Prairie du Chien for the pur- pose of nominating a senator for the Sixteenth senatorial district. Major H. C. Whitney was unanimously nominated for the position. Provision was at the same time made for hold- ing meetings at Ladore on Sept. 6th, at Jack- sonville on the 9th, and at Erie on the 10th. At the Ladore meeting, after addresses by Ma- jor Whitney and Judge Markham, the follow- ing platform was adopted :

"Whercas, We, the settlers on the Osage Ceded Lands, in the State of Kansas, believe that under the treaty by which the said lands were ceded to the United States, and under the joint resolutions of Congress, April 10, 1869, actual settlers were entitled to purchase any part of said lands in tracts not to exceed 160 acres, at $1.25 per acre, and that no corpo- ration has acquired any vested rights therein ; and whereas, certain railroad corporations are claiming certain portions of said lands; now, therefore,

"Resolved, I. That we will proceed at once to test the validity of said claims, by instituting legal proceedings in the proper courts.

"2. That we respectfully request the Gov- ernor of our State to withold all patents from said corporations for said lands until the termi- nation of said proceedings.

"3. That we will support no candidate for

county and legislative offices who is not thor- oughly identified with the settlers and in sym- pathy with their cause."

At the Erie meeting G. W. McMillen was chairman, and M. H. Sheldon, secretary; and in addition to hearing speeches, nominations were made for nearly a full set of officers for Neosho county.

On May 1, 1871, a meeting was held at Os- wego, at which Hon. William Lawrence spoke and gave an exhaustive legal discussion of the settlers' rights. On July 12, 1873, the largest meeting which had ever then been held by the settlers was had at Thayer. There were 765 wagons filled with people in the procession, and a vast number on horseback. It was esti- mated that from 8,000 to 10,000 persons were in attendance. Speeches were made by Gov. Shannon, Congressman Clarke, Judge Mc- Comas, Milton W. Reynolds, W. L. Simons, and others. This was followed on October Ist by another immense meeting at Osage Mission, at which Gov. Osborn, Sidney Clarke, Stephen A. Cobb, D. R. Anthony, M. J. Salter, Judge McComas and J. H. Crichton spoke. On May 27, 1874, another great gathering was had, at Parsons. M. J. Salter was chairman, and F. B. McGill. secretary. Gov. Osborn, George R. Peck, Sidney Clarke and Judge McComas spoke. Besides these great meetings which I have named, during these years innumerable local meetings were held, some of them of scarcely less importance than those named. Their effect was to keep the settlers' interest at fever heat, and to cause them to demand of their officials the exertion of every effort in their power to secure their rights.

BASIS FOR THEIR CLAIMS.

The claim of the two parties, in brief, was this : These lands were reserved to the Osage

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Indians by the treaty proclaimed June 2, 1825, soon after the conclusion of which the Indians moved upon and occupied them up to 1869. On March 3, 1863, an act of Congress was ap- proved, granting land to the State of Kansas to aid in the construction of certain railroads, and among them the Leavenworth, Lawrence & Galveston. On July 26, 1866, another land grant was made to the State of Kansas, to aid, among other roads, the building of the Mis- souri, Kansas & Texas. By virtue of their grants these two companies claimed alternate sections ten miles wide on each side of their respective lines of road, as finally located, through the Osage Ceded Lands.

On Sept. 29. 1865, a treaty was concluded between the United States and the Osage In- dians, whereby the latter sold to the United States all the land comprising Neosho and La- bette counties, to be by the Government "sur- veyed and sold under the direction of the Sec- retary of the Interior on the most advantageous terms for cash, as public lands are surveyed and sold under existing laws."

On June 26, 1866, the Senate amended this treaty by adding to the above provision the fol- lowing : "Including an act granting lands to the said State of Kansas in aid of the construc- tion of a railroad through said lands." This amendment was accepted by the Indians on Sept. 21, 1866, and the treaty as amended was proclaimed by the President on Jan. 21, 1867. It was claimed that the above Senate amend- ment to the treaty recognized the grant already made, if it did not in itself amount to a grant to the railroad companies.

On behalf of the settlers it was contended that the Congressional grants in aid of the con- struction of railroads were grants in praesenti, and could not apply to these lands, because, by the treaty of 1825, they were "reserved lands."

It was further contended that the treaty con- templates the survey and sale of these lands to actual settlers at $1.25 per acre.

The railroad companies applied to the Com- missioner of of the General Land Office for a withdrawal of the lands they claimed under their respective grants from market. The Commissioner, Hon. Joseph Wilson, refused their request on April 26, 1867, and on a re- newal of the application again ruled against them on May 17, 1867. From this decision the companies appealed to the Secretary of the Interior. On November 8, 1867, the Secre- tary, Hon. O. H. Browning, made his decision reversing Commissioner Wilson, and award- ing to the railroad companies all the land by them claimed under the grants. The line of the M. K. & T. Ry. was definitely made Jan. 7. 1868; and maps showing the definite loca- tion of the lines of the two roads having been filed with the Commissioner, an order was made on Jan. 21, 1868, withdrawing the lands from market, which was forwarded to the land office at Humboldt, where it was received on Feb. 4, 1868, from which time the rights of the companies as against the settlers dated. Those who had settled on these lands previous to the last-named date were allowed to enter the same after the passage of the joint resolu- tion of April 10, 1869. All odd sections not then settled on, and all even sections falling within the indemnity limit not then settled on, were awarded to the railroad companies.

Early in January, 1868, Congressman Clarke introduced a joint resolution for the sale of these lands to actual settlers; and all during that year efforts were made by friends of the settlers to secure legislation in their in- terest, but without success. The Forty-first Congress assembled on March 4, 1869. On the 15th of that month Congressman Clarke

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again introduced a joint resolution for the dis- posal of the Osage Ceded Lands, which passed the House on April 5th, the Senate on the 9th, and received the President's approval on April 10. 1869. The passage of this resolution was hailed with delight, and it was generally thought that it was so worded as to entitle set- tlers on any portion of the lands to enter the same at $1.25 per acre. But when, on June 19. 1869, the Register and Receiver of the Land Office gave notice that filings would be received on and after July 20th, and proof of settlement and purchase-money on and after September 2, 1869, they further stated that, under instructions from the General Land Of- fice, under date of June 3, 1869, the right of the railroad companies to these lands under the terms of the land grants would be respected. Consternation and indignation now prevailed among the settlers, and continued to increase in proportion as the repeated rulings of the Government officials, as they were called on from time to time to further construe the law, seemed to show a disposition to ignore the set- tlers' rights and to place their homes more firmly within the grasp of the railroads. In different ways the question was brought before the various officers connected with the land department of the Government from time to time, and efforts were made to secure a re- versal of Secretary Browning's ruling, but all to no purpose. When brought before him, Secretary Cox sustained the ruling of his predecessor, and of course the Commissioner and the land office officers were bound by the decision of their superiors.

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History of Labette County, Kansas, and representative citizens, Part 44

Author: Case, Nelson, 1845-1921, ed Publication date: 1901 Publisher: Chicago, Biographical Pub. Co. Number of Pages: 846

Author: Case, Nelson, 1845-1921, ed
Publication date: 1901
Publisher: Chicago, Biographical Pub. Co.
Number of Pages: 846