USA > Kansas > Anderson County > The history of Anderson County, Kansas, from its first settlement to the Fourth of July, 1876. > Part 2
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THE bill organizing the Territories of Nebraska and Kansas passed Congress May 24, 1854, and was signed by Franklin Pierce, President, on the 30th of the same month.
On the 29th day of June President Pierce com- missioned Andrew H. Reeder as Governor, and Daniel Woodson as Secretary of the Territory of Kansas. Reeder qualified as Governor on the 7th of July, by taking the oath of office before Peter V. Daniels, one of the Justices of the United States Supreme Court, in Washington, D. C.
On the 7th of October Gov. Reeder arrived in Kansas, and established the executive office at Fort Leavenworth.
On November 8 the Territory was divided into sixteen election districts by the Governor. The ter- ritory which is now included in Anderson county was in the Fifth district, which had four voting pre- cincts, as follows : Bull Creek, Pottowatomie Creek, Big Sugar Creek and Little Sugar Creek. The Pottowatomie precinct was located at the house of
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ANDERSON COUNTY.
Henry Sherman, near what is known as Dutch Henry crossing of the Pottowatomie, in Franklin county.
The first election ever held in the Territory was on the 29th of November, 1854. This was an elec - tion for a delegate to Congress. At this election there were 63 Pro-Slavery and 4 Free State votes cast at the Pottowatomie precinct. The following persons of Anderson county voted at this election : Henderson Rice, J. S. Waitman, W. D. West and Thomas Totton.
On the 22d day of January, 1855, Gov. Reeder issued precepts to certain persons to take a census of the Territory. The census of this district was taken by C. W. Babcock. The following were the names returned from Anderson county : Francis Myer, Valentine Gerth and John C. Clark.
On the 28th of February Gov. Reeder issued a proclamation calling an election for members of a Territorial Legislature to be held March 30, 1855. The following persons were elected from the Fifth district : A. M. Coffey and David Lykins, as coun- cilmen, and Allen Wilkerson and H. W. Yonger as members of the House of Representatives. The following persons voted, at this election, from An- derson county : A. Cassel, V. Gerth and Henry Harmon. This election was held at the house of Henry Sherman. There were at this time about 50 legal votes in the precinct, and the poll-book re- turned to the Governor showed 199 Pro-Slavery
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HISTORY OF
votes from the precinct. Most of the legal voters did not attend the polls, considering the election a farce. A majority of those who did vote were resi- dent voters of Missouri, who returned homeward on the next day. They came on horseback, in wagons and carriages, well supplied with whisky, bowie- knives, shot-guns and revolvers. The motley crowd was composed of perhaps the most heterogeneous mass of living humanity that could be collected in any country. Some came for political purposes-to make Kansas a slave State : some, to drive out the " cursed Yankees." whom they regarded as negro thieves : some, for the love of adventure : and some with the intention of taking a claim ; but far the greater number came with the promise of all the land they needed, and plenty of whisky and bacon on the journey.
This election for councilmen and representatives was carried overwhelmingly by the Pro-Slavery party, and placed the political power of the Terri- tory in the hands of our Missouri neighbors.
The Legislature thus elected convened at Pawnee City, on the Kansas river, about one hundred miles west from the Missouri border. It was immediately adjourned, over the Governor's veto, to the Shawnee Manuel Labor School Mission, three miles west of Westport, Mo., and there passed the first code of laws for the Territory, commonly known as the " bogus laws."
On the Ist day of October, 1855, an election was
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ANDERSON COUNTY.
held for the election of a delegate to Congress. There were only nine votes polled at the Pottowatomie pre- cinct. At this election Andrew H. Reeder and J. H. Whitfield were the candidates. Whitfield re- ceived the entire vote at Pottowatomie precinct. The Free State men did not participate in this election. The only person voting from Anderson county at this election was Geo. Wilson. Samuel Mack was one of the judges of the election, but refused to vote, deeming the election a farce, and an outrage on the Free State men of the Territory, as all the elections had been carried by fraud of the most outrageous kind.
The Territorial Legislature of 1855 defined the boundaries of the county. Up to that time there had been no county lines established, and elections had been held by districts established by the Governor.
The boundary of Anderson county was established as follows : Beginning at the southeast corner of Franklin county, at the northeast corner of section 22, township 19. range 21 ; thence south 24 miles, to the southeast corner of section 15, township 23, range 21 ; thence west 24 miles, to the southwest corner of section 14, township 23, range 17 ; thence north 24 miles, to the northwest corner of section 23, township 19, range 17 : thence east 24 miles, to the place of beginning ; containing an area of 576 square miles. The territory so bounded and designated was then named Anderson county, in respect of one Jos. C. Anderson, speaker pro tem. of the House of the
4
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HISTORY OF
" bogus " Legislature, and member from the Sixth, or Fort Scott, district. Anderson was a young law- ver, lived in Lexington, Mo., and was a handy tool for the Pro-Slavery party, and always ready to do their dirty work.
The Territorial Legislature having defined the boundaries of the several counties, it then provided the manner for the organization of counties, and for the election of county officers.
At this session of the Legislature it elected Geo. Wilson, in joint session, as probate judge of Ander- son county. Wilson was then a citizen of St. Louis, Mo., and a pliant tool of the slave power. On the 27th day of August, 1855, Daniel Woodson, Secre- tary, and acting Governor of Kansas Territory, com- missioned George Wilson probate judge of Anderson county, for a term of two years. On the Ist day of September, 1855, Geo. Wilson took and subscribed the following oath of office :
"United States of America. Territory of Kansas, set.
"1. George Wilson, do solemnly swear, upon the Holy Evangelists of Almighty God, that I will support the con- stitution of the United States, and that I will support and sustain the provisions of an act entitled . An act to organ- ize the Territories of Nebraska and Kansas,' and the pro- visions of the law of the United States, commonly known as the fugitive slave law, and faithfully and impartially. to the best of my ability, demean myself in the discharge of my duties in the office of probate judge, so help me God. "GEORGE WILSON.
"Sworn and subscribed before me, this Ist day of Sep- tember, 1855.
DANIEL WOODSON.
"Acting Governor."
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ANDERSON COUNTY.
Wilson was the first officer commissioned for the county. A few days after he received his commis- sion and qualified he started for the county, and ar- rived at Henry Sherman's house, in Franklin county, on the 10th of September, where he remained until the 15th, when he set out for the house of Francis Myer, near where the town of Greeley is now situ- ated. Wilson had designated Francis Myer's house as the temporary county seat of Anderson county. He had notified William R. True and John C. Clark, who had been appointed county commissioners, and A. V. Cummings. who had been appointed as sheriff, to meet with him at Francis Myer's on the 15th of September, for the purpose of organizing the county ; but both True and Clark, and also Cummings, re- fused to accept the appointment, and Wilson had to defer his attempt to organize the county. He made
several attempts to have the persons so appointed qualify, but they refused. Cummings was a resi- dent of Bourbon county, and never had been a citi- zen of Anderson. After Wilson had failed to get the commissioners, or either of them, to qualify, on the 30th day of October he made a personal appeal to Wilson Shannon, who had, in the meantime, been appointed Governor, for assistance to organize the county ; and Shannon thereupon commissioned Francis Mver and F. P. Brown as county commis- sioners, and Henderson Rice as sheriff.
On the 2d day of January, 1856, Francis Myer took and subscribed the following oath of office :
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ANDERSON COUNTY.
"United States of America, Territory of Kansas, set.
"1. Francis Myer, do solemnly swear, upon the Holy Evangelists of Almighty God, that I will support the con- stitution of the United States, and that I will support and sustain the provisions of an act entitled ' An act to organ- ize the Territories of Nebraska and Kansas,' and the pro- visions of the law of the United States, commonly known as the fugitive slave law, and faithfully and impartially, and to the best of my ability, demean myself in the dis- charge of my duties in the office of commissioner of the county of Anderson. FRANCIS MIER.
" Subscribed and sworn to before me, this 2d day of Jan- uary. 1856.
GEORGE WILSON, "Judge of Probate."
January 7, 1856, George Wilson, probate judge, and Francis Myer, met in session at Francis Myer's house, the temporary county seat, George Wilson as president of the board of commissioners, and Fran- cis Myer as member, for the purpose of organizing the probate and commissioners' court, which they did in a very irregular manner. F. P. Brown, the other person who had been commissioned as com- missioner, and Henderson Rice, who had been com- missioned as sheriff, were neither present, and neither of them accepted the commission so tendered them. The organization of Anderson county dates from the 7th day of January, 1856. The business of the probate and commissioners' court was con- ducted for some years thereafter in a very loose and careless manner.
CHAPTER III.
Appointment of County Officers-Locating First County Road-Locating Permanent County Seat -First Term of District Court-Organizing Pottowatomie Rifle Company-They break up Cato's Court, at Shermanville.
ON the 12th day of January, 1856, the second ses- sion of the probate and commissioners' court was held at Francis Myer's. Present, Goerge Wilson, probate judge, and Francis Myer, member. A peti- tion was presented, asking the appointment of David McCammon as sheriff of Anderson county, where- upon they appointed David McCammon as sheriff.
January 18 David McCammon qualified as sheriff by giving bond and taking the oath prescribed by the law of 1855, and was the first sheriff of the county.
January 18 the probate and commissioners' court held its third session, at the house of Francis Myer. Present, George Wilson, president, and Francis Myer, member. At this meeting J. S. Waitman was appointed to the office of commissioner. Waitman qualified and entered upon the duties of his office on the same day. This was the first time a full board of commissioners had existed in the county. The
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HISTORY OF
board, as then constituted, consisted of the probate judge as president, and two county commissioners as members, and was designated in law as the " board of commissioners," but styled in the record of their proceedings the "probate and commissioners' court."
January 18, 1856, C. H. Price was appointed jus- tice of the peace for the county. and was commis- sioned by George Wilson, probate judge. Price qualified on the 15th day of March, by subscribing the oath prescribed by the law of 1855, and was the first justice of the peace in the county.
On the ISth day of January the commissioners appointed C. H. Price treasurer, and on the same day he was commissioned as treasurer of the county by George Wilson, probate judge. Price qualified as treasurer by giving bond and subscribing the oath required by the law of 1855, and was also the first treasurer of Anderson county.
February 4 the probate and commissioners' court held its session at the house of David McCam- mion. Present, Francis Myer and John S. Wait- man, commissioners, and David McCammon, sheriff ; George Wilson, probate judge, absent. At this ยท meeting Thomas Totton was appointed clerk of the probate and commissioners' court.
A petition, signed by Richard Golding and others, praying for the location of a road from Shermanville, in Franklin county, to Cofachique, in Allen county, was presented, which the commissioners took under
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ANDERSON COUNTY.
consideration and adjourned to the 9th of March, when they again met at Francis Myer's. Present. George Wilson. probate judge, Francis Myer and J. S. Waitman, members. The petition of Richard Golding, for the location of a road from Sherman- ville, to pass through the county seat of Anderson county ; from thence to Hampden and Cofachique, the county seat of Allen county, was considered. and David McCammon, James Townsley and Sam- uel Mack were appointed commissioners thereon, to locate the road as prayed for, to be 70 feet wide. This was the first road located in the county.
February 11, George Wilson, probate judge, is- sued a notice to Zack Schutte, commanding him to desist from committing trespass on school lands- section 36, township 19, range 20. The notice was addressed to David McCammon, as sheriff, and was served on Schutte the same day. February II, George Wilson, as judge of probate, issued a notice of the same kind to John Waitman, for the same purpose.
February 18, 1856, a petition was presented to the commissioners, praying for the permanent location of the county seat of Anderson county, signed by the following persons : A. McConnell, John H. Wolken, John H. Rockers, James McGue, T. Bran Le Van, L. Phillips, Chris. Whitkop, David McCam- mon, Thos. Totton, Darius Frankenberger, William Rogers, Patrick Tyler, I. B. Tenbrook, Ephraim Reynolds, Dr. Charles Muchelberry and Fred. Toch-
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HISTORY OF
terman. On consideration whereof the commission- ers appointed David McCammon, James Townsley and Thomas Totton commissioners to locate the county seat of Anderson county, with positive in- structions that the same should be located within three miles of the geographical center of the county.
February 28, 1856, the commissioners appointed to locate the county seat made the following report :
"We have viewed, laid out and located, and do report for public good to the county of Anderson at large, and have examined as to water, rock, timber, and also a due regard to the situation, the extent of population, and qual- ity of the land, and the convenience of the inhabitants, and as little as may be to the prejudice of any person or persons, we have located it as follows: Northeast quarter of section 31, township 20, range 20, and southeast quarter of section 31, township 20, range 20."
March I the report of the commissioners to locate county seat was accepted by the court, and the county seat was then located at the point selected ; and this point was called Shannon, where all the county business was transacted from that time until the 5th day of April, 1859.
March 1, 1856, the board of commissioners al- lowed the first accounts against the county, as fol- lows : Francis Myer., $18.00 ; John Waitman, $15.00 ; George Wilson, $102.95 ; D. McCammon, $18.00 ; in full of all demands up to February 18. 1856, for services as board of commissioners and sheriff of the county.
March 6 William Rogers was commissioned justice
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. ANDERSON COUNTY.
of the peace by the Governor. Rogers qualified as justice March 17, by subscribing to the oath pre- scribed by the law of 1855.
March 6, John Rogers was commissioned by the Governor as constable, and he qualified as consta- ble on the 17th of the same month.
Thomas Totton was, on the 29th of February, commissioned as clerk of the county, by the Gov- ernor.
April 19, 1856. Anderson Cassel was commissioned by the Governor as coroner of Anderson county, and qualified by taking the oath of office May 19. 1856. He was the first coroner of the county.
The Territorial Legislature in 1855, in the act de- fining the boundaries of counties, attached the county of Coffey to Anderson county for civil and military purposes.
On the 28th day of January, 1857. the following order appears on the record of Anderson county :
" It is ordered by the county commissioners that the fol- lowing appointments, made by his excellency, John W. Geary. is approved by the court of Anderson county. for the organization of Coffey county: John Woohman, as probate judge ; Richard Burr and Samuel Losbue, as county commissioners : Turner Losbue, as constable : and John B. Scott, as justice of the peace."
The above persons were commissioned on the Sth day of January, 1857.
On the fourth Monday in April, 1856, the first term of the district court was held in the county, by Sterling G. Cato, one of the United States district 5
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HISTORY OF
judges. The court convened at the house of Francis Myer, on the claim then owned by him. near the present site of Greeley, but more particularly de- scribed as the southeast quarter of section 19, town- ship 19, range 21. The following persons were on the grand jury : C. E. Dewey, J. S. Waitman, H. Britten, J. Vanderman, C. H. Price, Patrick Tyler, Wm. Rogers, Joshua Griffith, D. Frankenberger, I. B. Tenbrook, Samuel Mack and A. Wilkerson. J. S. Waitman was foreman.
There is no record of the proceedings of this court to be found. It was in session for an entire week, and the bills of indictment that were found were carried away by the court. Cato brought his own clerk and prosecuting attorney with him. No civil business was transacted at the term of the court, and no arrest was ever made on any of the indict- ments found.
The Pottowatomie rifle company was organized in the fall of 1855. This company had its drill ground on the Pottowatomie, between Dutch Henry crossing and the present site of Greeley. John Brown, jr., was elected captain of the company. Its members were Anderson and Franklin county men. Jacob Benjamin, James Townsley, Allen Jaqua, Frank Ayres, D. G. Watt, Samuel Mack, A. Bondi, H. H. Williams, W. Ayres, Milton Kilbourne, Dr. Gil- patrick and others were members from Anderson county.
The presence of this company broke up Cato's
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ANDERSON COUNTY.
court at Shermanville, in the spring of 1856, a few days after his court had adjourned in Anderson county. Cato left in such haste that he did not take time to adjourn his court, or notify the jury that was out at the time, of his intention to close his court ; and this was the last court that Cato attempted to hold in this part of the Territory.
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CHAPTER IV.
Noted Settlers of 1855-Election of Delegates to Topeka Constitutional Convention-Election for Adoption of Constitution-Election of State Offi- cers under Topeka Constitution-NVoted Settlers of 1856-Territory Overrun with Border Ruffians- The Probate fudge, County Commissioners and Sheriff Flee the County-John Brown with his Company Marching to the Rescue of Lawrence- United States Troops sent to Pottowatomic.
IN the spring and summer of IS55 a number of settlers with their families located in the territory now included in Anderson county. The following are among the prominent settlers of that year : Da-
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HISTORY OF
rius Frankenberger, M. M. Minkler, C. E. Dewey, II. II. Williams, Ephraim Reynolds, James Sutton, Benjamin Davis, J. H. Wolken, J. H. Rockers, H. M. Rumley, Samuel Mack, John McDaniel, Zach- arias Schutte, Charles Backer, James Townsley, C. H. Price, Jesse Sutton, Henderson Rice.
An election for delegates to a convention to frame, a constitution for a State government, known as the Topeka constitutional convention, was held on the 9th of October, 1855. There were 49 votes polled at the Pottowatomie precinct for delegates ; these were all Free State votes, as there was no opposi- tion ticket run at this election. The Fifth district elected seven delegates, as follows : J. M. Arthur, O. C. Brown, Hamilton Smith, Richard Knight, Fred. Brown, W. T. Morris and William Turner.
December 15, 1855, at an election held for the adoption or rejection of the Topeka constitution, at the Pottowatomie precinct the following persons of Anderson county voted : Ephraim Reynolds, Sam- uel Anderson, Darius Frankenberger, I. B. Ten- brook, W. L. Frankenberger, James Townsley, John McDaniel, James Sutton, Samuel Mack, C. E. Dewey, M. M. Minkler, Benj. Dunn, Alex. Purdue and H. H. Williams. There were 39 votes for the adoption of the constitution and 3 against. On the proposition in the constitution, for the expulsion of negroes and mulattoes, there were 25 votes for and 18 against.
January 15, 1856, at an election for State officers
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ANDERSON COUNTY.
under the Topeka constitution, the following per- sons voted at Pottowatomie precinct: D. Franken- berger, W. L. Frankenberger, M. M. Minkler, Alex. Purdue, H. H. Williams, Joseph Mosly, Eph- raim Reynolds, J. T. Barker, James Sutton, Law- rence Brady. D. C. Davenport, C. E. Dewey, Benj. Davis, J. H. Wolken, J. H. Rockers, H. M. Rum- ley. A. C. Austin and Samuel Mack. Also, John Brown, jr., Fred. Brown and Owen Brown, sons, and Henry Thompson, son-in-law, of old John Brown, voted at this precinct. The poll book and tally list of this election are signed by Frederick Brown, S. B. Moore and Wm. Partridge, as judges ; and H. H. Williams and Ephraim Reynolds, as clerks.
Several emigrants came and located in Anderson county in the spring of 1856. Among the more prominent settlers of that year were W. C. McDow, A. Simons, Samuel Anderson, Jacob Benjamin, A. Bondi, James Y. Campbell, John S. Robinson, Solomon Kauffman, C. W. Peckham, William G. Hill, R. D. Chase, Samuel McDaniel, G. W. Yan- dall, William Tull, A. G. West, C. G. Ellis, Rezin Porter, Jno. Kirkland, Wm. Dennis, J. F. Wadsworth. H.Cavender, Frederick Tochterman, W. G. Nichols.
From May, 1856, to January, 1857, no business of any official character was transacted by the pro- bate judge, the county commissioners, or the sheriff of this county.
On the 28th day of January, 1857, we find the following record :
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HISTORY OF
" By order of the board of county commissioners in and for the county of Anderson, that in consequence of insur- rection throughout Kansas Territory, more particularly contined to the counties of Franklin and Anderson. that the probate and commissioners' court were unable to hold their regular or adjourned court, in and for the county of Anderson, and has been ordered by board of commission- ers this day to be entered on the county commissioners' docket. THOMAS TOTTON. Clerk."
Francis Myer and John S. Waitman were radical Pro-Slavery men, and appointed to the office of county commissioner on account of their loyalty to the slave power. Judge Geo. Wilson had been elected by the bogus Legislature as a fit tool to carry out the designs of the Border Ruffians, and was elected because of his peculiar fitness for that purpose. And when the difficulties of 1856 culmi- nated, these officers were in full sympathy with, and took an active and leading part on the behalf of, the Missouri Ruffians that overrun this county at that time : they believed that African slavery was a divine institution-and that whoever denied its divine ori- gin and right were infidels and not entitled to the respect of law or decency. During the exciting time of the summer and fall of 1856 many of the Free State settlers on the Pottowatomie creeks had been notified to leave the country, and in many cases were notified that if they did not leave in a given time they would be visited by these ruffians and dlealt with according to their code.
In April, 1856. Major Buford arrived in Kansas
ANDERSON COUNTY. 39
with a large body of men from Georgia, Alabama and South Carolina. This body of armed men came for the avowed purpose of driving all Free State men out of the Territory and dedicating Kan- sas irrevocably to slavery. About this time the "Herald of Freedom" says :
" Kansas is again invaded by armed ruffians ; they gather in by tens. and fifties, and hundreds. Shannon has reg- ularly enrolled them as militia. commissioned their officers. &c. : at any moment they may commence their work of devastation."
During the summer and fall of 1856 the southern portion of Kansas, and all along her borders, a semi- barbarous class of ruffians overrun the country, and assumed the guardianship of the slave interests ; and every possible obstacle was thrown in the way to re- tard Northern immigration. The immigrants were driven back ; they were tarred and feathered : their claims were seized ; their cabins were burned ; and they were often ordered by committees of Southern men, or the Missouri rabble, to leave the Territory immediately, under the penalty of death. These ruffians were often urged to deeds of most outrage- ous barbarity by the fierce harangues of the leading spirits and stump-orators of the Slave States. As an illustration of this sentiment, as proclaimed by the radical leaders of the South, we give the follow- ing from the speech of General Stringfellow, deliv- ered at St. Jo., Mo., then a prominent citizen of that State :
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