USA > Kansas > Anderson County > The history of Anderson County, Kansas, from its first settlement to the Fourth of July, 1876. > Part 5
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" DAVID B. JACKMAN, ". RICHARD MILLS, .. J. A. HARVEY. . SOLOMON KAUFFMAN, .. B. L. ADINGTON, ยทยท County Committee."
On the 15th day of September, 1857, a Free State convention was held at Hyatt, for the nomination of candidates for county officers. Isaac Hull was elec- ted president, and S. W. Kilbourne, secretary. W.
F. M. Arny addressed the meeting, and the follow- ing nominations were made : For probate judge. Solomon Kauffman : county commissioners, James C. Hauser and Ephraim Coy : county clerk, C. J. Farley ; sheriff, C. E. Dewey ; treasurer, William G. Nichols ; surveyor, B. F. Ridgeway ; coroner, Dr. Kerr ; assessor, Jeremiah Brown ; justices of the peace. D. B. Jackman, Greeley : Dr. Thos. Lind- say, Garnett ; B. L. Adington, North Pottowatomie, and R. D. Chase, Cresco : constables. Samuel Kil- bourne, Jesse McDaniel, A. D. Jones, and Jacob R. Shields. The following resolutions were passed by the convention :
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" Whereas, The example of our forefathers has taught us to resist every attempt which may be made to disfranchise us as citizens : and whereas, the system of districting and apportionment for members to the Territorial Legislature of Kansas shows an unquestionable determination to deprive ns of our rights as citizens, in that it provides no represen- tation in either branch of the Legislature for nineteen counties, including nearly half the population of the Ter- ritory, thus placing us in the position of the patriots of the revolution who were taxed and refused representation : and whereas. the course pursued by the constitutional con- vention at its session at Lecompton last week. in regard to the members elect to represent this county in that conven- tion indicates that we are not to be allowed a representative in that body. or a voice in regard to its action : therefore.
" Resolved, That we. the citizens of Anderson county, approve the course pursued by the two delegates from our county in their demand for the return of their certificates from the constitutional convention, which we consider to be a denial of our right to be represented, and illegal. on the grounds that this and other counties are not represented.
" Resolved. That we will make one more effort to be represented in the Territorial Legislature. in proportion to our population.
"Resolved. That John McDaniel. of South Pottowato- mie. and J. B. Stitt. of Greeley, be candidates, as regular delegates. in the Territorial Legislature."
On the 5th day of October, 1857, the first elec- tion was held in the county for county officers. Only four precincts made returns of this election to the county commissioners. The following is the vote had at this election :
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ANDERSON COUNTY.
CANVASS OF THE ELECTION OF OCTOBER 5, 1857.
CANDIDATES.
Cre'o
Adi'n
Hyatt
Sha'n
Total
Delegate to Congress-
M. J. Parrott.
36
32
60
66
194
E. Ransom ..
1
1
Councilman-
HI. B. Standiford.
36
32
60
67
195
Representatives-
John Curtis. -
36
32
60
66
194
Samuel Stewart.
36
32
60
66
194
(. Columbia.
36
32
60
65
193
John McDaniel. John B. Stitt.
36
3
54
13
106
36
3
53
11
10:
Probate JJudge-
Solomon Kauffman.
34
23
60
14
131
S. Anderson. -
2
2
9
51
64
County Commissioners-
James H. Hauser. -
36
22
60
14
132
Ephraim Coy. -
36
20
50
13
119
D. Frankenberger. John McDaniel.
10
54
64
Sheriff-
(. E. Dewey.
36
21
57
12
126
G. A. Cook.
10
54
64
County Treasurer-
W. G. Nichols.
36
19
58
10
123
T. Fitten, -
10
10
Isaac Hiner. . -
56
56
Recorder-
C. J. Farley.
36
21
59
12
128
A. Simons, -
10
54
64
Surveyor-
B. F. Ridgeway. -
36
21
58
6
121
Justices of the Peace-
D. B. Jackman.
56
12
22
90
T. Lindsay, -
55
1
21
77
H. Williams, -
54
64
21
139
B. L. Adington.
52
64
31
147
R. D. Chase, -
55
64
22
141
James Sutton. -
10
55
65
Samuel Mack,
10
54
64
W. Smith, -
10
1
64
74
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
11
57
68
-
-
-
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The "Herald of Freedom." speaking of the Oc- tober election, 1857, in Anderson county, says :
"Adington. 30 10 0: Cresco. 35 to 1 : Hyatt. 60 to 0 : Shan- non. 66 to 1: the whole vote for the Free State ticket is 257. to 2 for Ransom. or 130 to 1. for freedom. Of course the whole ticket was elected. It is reported at Lecompton that the entire vote, save such as was cast at Shannon. will be rejected."
This vote was not canvassed until the 26th of November, 1857. On the canvass of the vote the probate judge threw out all the returns except the Shannon precinct, and made the following order on his record :
" Shannon, the County Seat of Anderson County. Terri- tory of Kansas, the 26th day of November, A. D. 1857 : That all the above precinets, except Shannon, have been thrown out. by order of the judge of the probate, in and for Anderson county. Kansas Territory.
" GEORGE WILSON.
" Judge of the Probate in and for the County of Anderson. Kansas Territory." .
And on the 28th day of November, 1857. the fur- ther order in the matter appears on the record of the proceedings of the county commissioners :
" The board of county commissioners met this 28th day of November. 1857. George Wilson as president, and John MeDaniel as associate (a called meeting), being present. George Wilson, judge of probate in and for the county of Anderson. K. T., decided that the Shannon precinct shall stand according to the poll book of October 5, 1857.
" M. T. WILLIAMS. "('lerk of the Court."
Judge Wilson wrote Governor Stanton the follow-
ANDERSON COUNTY. 79
ing letter in explanation of his action in rejecting the votes cast at the precincts of Hyatt, Adington. Cresco and Greeley :
. Shannon, the county seat of Anderson county, K. T .. * December 1. A. D. 1857.
" To his honorable excellency. F. P. Stanton. Secretary of the Territory of Kansas, and acting Governor : Rela- tive to all of the precincts. excepting Shannon: First. in regard to the precinct of Greeley (or Blunt). is not properly authenticated by the judges, nor the clerks at the foot of the roll. Regards the precinct of Hyatt. every species of fraud was practiced at the polls. Also. in Adington the same species of fraud was practiced. Robinson's pro- vinet. it is believed, a great number of illegal votes were sent there. These are my reasons for throwing these pre- einets out. I sustain the precinct of Shannon, as it is the only legal precinct in the county : although it is undecided whether the election was held on the county seat or Sam- uel MeDaniel's. as it was held within the yard, or on the line. a few feet from the section stone: and there is but one difference in the footings at this precinct. and that is but one vote in the footing, which I have corrected, as you will see on the poll books. Therefore I have come to the decision of allowing but one precinct. of Shannon, as the only legal one in the county. Therefore I call upon your excellency. as judge of the probate, in and for the county of Anderson, to issue the commissions for the respective otti- vers as was elected in this precinct of Shannon. the county seat of Anderson county. Kansas Territory. That there was no division of the county into the different precincts properly authenticated. until two days after the election. The board of county commissioners laid it off into precinets without sending any returns to the secretary, which was contrary to law.
Respectfully. your ob't. serv't .. "Giro. WILSON."
This action of the probate judge gave the election
.
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HISTORY OF
to the following persons : Probate judge, Samuel Anderson : sheriff, G. A. Cook : recorder, A. Si- mons ; treasurer, Isaac Hiner ; county commission- ers, D. Frankenberger and John McDaniel ; sur- veyor, B. F. Ridgeway. Acting Governor Stanton issued commissions to all the persons so declared elected, bearing date November 28, 1857, and they all qualified under said commissions. G. A. Cook, A. Simons and D. Frankenberger refused to take the oath to support and sustain the law of Congress, commonly known as the "fugitive slave law." They took the oath with this omission. The other officers elect took the oath as prescribed by the laws of 1855.
At the October election, 1857, councilmen and members of the House of Representatives in the Territorial Legislature were elected. Anderson, Franklin, Lykins and Linn counties constituted one council district, and elected one councilman from the district. Anderson county was one of the nine- teen counties that had but three members in the House of Representatives. At this election Samuel Stewart, C. Columbia and John Curtis were elec- ted to the House. This was called one of the nine- teen disfranchised counties.
The members elected at this election composed the first Free State Legislature of the Territory.
On the 29th of August, 1857, a Free State con- vention was held at Grasshopper Falls. G. W. Smith, of Lawrence, was elected permanent president, and
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ANDERSON COUNTY.
the following delegates from Anderson county were present and participated in the convention : Solomon Kauffman, C. E. Dewey, D. B. Jackman, W. F. M. Arny and Rufus Gilpatrick. This conven- tion was called to consider the question of most vi- tal importance to the people of the Territory --- whether the government of the Territory should be controlled by bona fide citizens thereof. This con- vention passed resolutions in favor of going into the election in October and electing officers.
On the 22d of December, 1857, W. L. Webster was appointed superintendent of public buildings in Anderson county : and on the 23d of the same month M. Puett was appointed by the board of county commissioners assessor of the county, and was the first assessor of the county.
In the fall of 1857 there was much sickness in Kansas. In the "Herald of Freedom" we find the following article :
" It has been reported that much sickness has been ex- perienced on Pottowatomie creek the past season. Mr. Arny informs us that at one time he had at his house twenty-six sick persons, whom he took to his home to nurse ; most of them young men, who settled in the fim- ber and had been using creek water. Of this number three have since died ; and the remainder have recovered and gone to their usual occupations."
On the 5th of October, 1857, D. B. Jackman, Henry Williams, B. L. Adington, Dr. Thos. Lind- say, R. D. Chase, Samuel Mack and James Sutton were elected justices of the peace : and on the 23d
II
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HISTORY OF
of December, of the same year, Daniel Fraker was appointed coroner by the board of county commis- sioners.
The Territorial Legislature in 1857 provided for the office of recorder by land districts. Anderson county was located in what was known as the Paw- nee land district ; and George A. Reynolds was ap- pointed land district recorder of the Pawnee (or Lecompton ) district. The law provided for putting on record in the office any deed, mortgage, or other instrument affecting titles to real estate ; that the instruments would have the same binding effect. when filed in said office, as if recorded in the county
where the land was situated. The result of es- tablishing this office at Lecompton was that most of the instruments affecting real estate, for three or four years, were recorded in this office ; and when Quantrell made his raid on Lawrence, on the 21st of August, 1863, the records of this office being in Lawrence, were destroyed ; and there are many pieces of land in this county, the titles of which were recorded in this office, and no record or transcript of the same can be found.
The "Herald of Freedom" of September 19, 1857, has the following under the head of "Mail Routes in Southern Kansas :"
" All towns and localities that desire mail facilities are requested to communicate with W. F. M. Arny, Hyatt, Kansas, previous to the 25th day of October. and to fur- nish him all necessary information with regard to routes
83
ANDERSON COUNTY.
desired, and location of offices. In accordance with his appointment by the railroad and mail ronte convention held at Hyatt, Kansas, and Butler, Missouri, he expects to start to Washington City about the first of November, and will attend to any business during his sojourn there that may be placed in his hands, so that the present irregulari- ties in the mails and routes may, if possible. be corrected."
CHAPTER VIII.
Commissioners to Attend Voting Precincts- Election Under the Lecompton Constitution-Res- ignation of County Officers-Appointment of Agent to contest claim-Election of Delegates to Leavenworth Constitutional Convention-Election of County Officers-Election on Leavenworth Con- stitution-Jurisdiction of Probate fudge-Troubles in Western part of county-Contract to Erect Pub- lic Buildings-Vote on Lecompton Constitution.
THERE was much dissatisfaction among the peo- ple over the action of the probate court in throwing out the votes of three townships, and declaring the persons who received the highest number of votes at Shannon precinct elected, and there was dissatis-
84
HISTORY OF
faction with the acts of the county commissioners, who, on the 30th of November, 1857, entered into a contract with Dr. Preston Bowen to build a jail and court house at Shannon, and made an order ap- propriating $1,000 for that purpose.
On the ISth day of January, 1858, the board of county commissioners, in order to ascertain the wish of the people, submitted the matter to a vote, under the following order :
" It is ordered by the board that a special commissioner be appointed to attend to the election to be held on the 26th inst .. in each precinct. for the purpose of ascertaining the will of the people on the building propositions: for or against the resignation of county officers: and also, to as- certain the will of the people as to the propriety of pro- ceeding with the present proposed county building."
The following named persons were appointed as special commissioners to attend the several voting precincts : W. L. Webster, Central City precinct : D. D. Judy, Pottowatomie precinct ; Wm. Bayles. Shannon precinct : James Y. Campbell, Hyatt pre- cinct : Luther Fitch, Adington's precinct.
January 29, 1858, the returns of the election held on the 26th of January were canvassed, and the board made the following record of the canvass :
" Upon counting the returns made by the commissioners appointed to take the vote on the resignation of the comty officers and public building. it was found that 58 votes were cast for the resignation of officers and 25 against : for the erection of public buildings, 23 : against, 70."
After the canvass of the vote the county officers made out their resignation, as follows :
85
ANDERSON COUNTY.
" Whereas. The officers of Anderson county. hav- ing learned that there was dissatisfaction among the people of said county in regard to their retaining the offi- ces to which they were commissioned. on account of the disfranchisement of a majority of the vo- tors at the October election : and whereas, the board of county commissioners, at their regular term on the 18th day of January, 1858, passed an order submitting the mat- ter to a vote of the people at the election for councilmen on the 26th day of January. 1858 : and whereas, a majority of the votes polled on that day were in favor of the pres- ont officers resigning their commissions :
" Resolved. That we will immediately turn over to the Governor of the Territory our resignations, to take effect from and after the third Monday in March, 1858.
.. SAMUEL ANDERSON.
*. DARIUS FRANKENBERGER.
"JOHN MCDANIEL.
"G. A. Cook. " A. SIMONS."
On the 21st day of December, 1857, an election was held for State officers and members of the State Legislature, under the Lecompton constitution. The vote of Anderson and Franklin counties, for Governor, was as follows: G. W. Smith, Free State, 577 : F. Z. Marshall, Pro-Slavery. 3; con- stitution, with slavery, I : constitution, without sla- verv, 10.
In the apportionment, under the constitution, the counties of Anderson, Franklin and Lykins consti- tuted the Ninth senatorial district, and were entitled to one senator, and elected H. H. Williams to that office. The counties of Anderson and Franklin
86
HISTORY OF
constituted the Fifteenth representative district, en- titled to one representative, and elected Perry Ful- ler.
On the 4th day of January, 1858, a second elec- tion was held in the Territory, under the act of Con- gress of the 17th of December, 1857, on the adop- tion of the Lecompton constitution. There were 177 votes cast in Anderson county, against, and none for.
On the 29th of January, 1858, the board of county commissioners rescinded the order and contract it made on the 30th of November, 1857, appropriating $1,000 for the erection of county building.
In the early settlement of the county a German family by the name of Schutte settled on the south branch of the Pottowatomie, near Greeley. They made their settlement before the public lands were surveyed by the government, and when the survey was made and the land divided into sections it was ascertained that Schutte had settled on section 36, which, under the organic act, was set apart for com- mon schools. The county commissioners were no- tified by J. Y. Campbell and others that Schutte was living on a school section, and requested to com- mence proceedings to recover the same. On the IIth day of March, 1858, the commissioners made the following order in the premises :
"At a special meeting of the board of county commis- sjoners of Anderson county, and Territory of Kansas, for the purpose of appointing an agent for the aforesaid county
S7
ANDERSON COUNTY.
to prosecute the claim of the county in the land office against Zacharias Schutte, sen .. and Zacharias Schutte, jr .. and to take such other steps as may in his opinion be nec- essary to secure the county in the legal possession of the cast half of section No. 36, township 19, range 20."
And the board then appointed James Y. Camp- bell as agent to represent the county in the contest for the lands ; and under the appointment as such agent a large number of witnesses were taken to the land office at Lecompton to carry on the contest, but to no avail, as the county had no interest in the land, and could claim no right adverse to the settlers, as the land was not set apart for the county, but for the common schools. The contest cost the county about four hundred dollars. It was a mistake of the com- missioners that the tax payers had to meet, and at a time when the assessment roll was small. A few such mistakes as this, made about this time by the commissioners, caused the orders of the county for nine or ten years to be hawked about and sold at from 40 to 50 cents on the dollar, and dull sale at that price ; and merchants were reluctant to take them even for goods.
On the 9th day of March, 1858, an election for three delegates to a constitutional convention to frame a State constitution and State government, was held. W. F. M. Arny, William Spriggs and W. L. Webster were elected as such delegates. The convention assembled at 9 o'clock a. m., on the 13th of March, 1858, at Minneola, and elected James H.
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HISTORY OF
Lane as president, and then adjourned to Leaven- worth to reassemble on the 25th of March.
On the reassembling of the convention and the appointment of committees, General Lane resigned his position as president of the convention, and Mar- tin F. Conway was elected. This was known as the Leavenworth constitutional convention.
On the 12th day of February, 1858, the Territo- rial Legislature passed an act relating to the election and duties of county officers. This' law provided for the election of a township board in each town- ship, composed of three supervisors, with a clerk and treasurer. The county board of county commission- ers was changed to a board of supervisors, and con- sisted of the chairmen of the board of supervisors from each township, a majority of which constituted a quorum. The law provided for an election on the fourth Monday of March, 1858, for probate judge, sheriff, county surveyor, register of deeds, county clerk and county attorney.
At this election the following county officers were. chosen : Probate judge, J. Y. Campbell ; sheriff, G. A. Cook ; register of deeds, M. Puett ; surveyor, B. F. Ridgeway; county attorney, John B. Stitt : and county clerk, B. L. Adington.
The following persons constituted the first board of supervisors : James E. White, Rezin Porter, John McDaniel, A. McArthur and Solomon Kauff- man. The first meeting was on June 2, 1858. At this meeting the board organized by the election of
89
ANDERSON COUNTY.
James E. White as chairman, and Benjamin Ading- ton as clerk. The members of this board of super- visors were from Walker, Monroe, Jackson, Reeder and Washington townships, being the only organ- ized townships in the county.
On the 18th of May, 1858, an election was held for the adoption or rejection of the Leavenworth constitution, and for the election of State officers and members of the Legislature. There were only six votes against the adoption of the constitution in this county. Anderson county was designated as the Twenty-eighth representative district, and was entitled to two representatives, and also constituted the Seventeenth senatorial district, and was entitled to one senator. At this election John R. Eaton and John T. Lanter were elected members of the house, and James G. Blunt as senator. William Spriggs was elected as judge of the Fourth judicial district.
The Territorial Legislature, in 1855, attempted to confer civil and criminal jurisdiction on the probate court, concurrent with the district court. After this the probate judges throughout the Territory held regular terms of court, with the same officers and juries as provided for in the district courts. On the first Monday in September, 1858, the probate court of Anderson county held its regular term at Shan- non. This term of the court was presided over by Judge J. Y. Campbell, in which he had both grand and petit juries. The following are the names of the petit jurors : Wm. G. Nichols, T. G. Headly,
1
I2
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HISTORY OF
G. W. Yandall, Wm. G. Hill, James Fulsom, Eli P. Baugus, D. Frankenberger, John H. Pattie. Wm. Davis, Jesse Sutton and C. J. Auckerwald. The following are the names of the grand jurors : Paul Ross, Thomas Maloy, W. O. Cloud, Preston Bowen, John Tefft, A. D. Jones, C. W. Ballard, C. Chamberlain, - Taylor, Benjamin Griffin, F. M. Glasscock, Wm. Rison, J. L. Bockover, Wm. Lam- bert, W. N. Bradwell, Hiram Tefft, Henry Alder- man, Wilson Anderson and J. S. Robinson. The probate judge delivered a written charge to the jury, laying down the law that should govern them . in the discharge of their duty, and delivered an address on the state of the country, which was about three hours in length This term of the court continued for several days, and several indictments were found, yet we are unable to find any record or papers of the same.
The district court sat in the county a short time after this, and decided that the act conferring civil and criminal jurisdiction on the probate court was in violation of the organic act, organizing the Ter- ritories of Nebraska and Kansas ; that the proceed- ings of the probate court under said act were void.
Before this time many amusing cases had been tried in the probate court, and some ridiculous de- cisions made ; but they were all set aside by the federal judges, who held the law under which the probate judges had made the decisions unorganic.
The second term of the district court in the
91
ANDERSON COUNTY.
county was held by Joseph Williams (one of the federal judges appointed by James Buchanan ), about the first of October, 1858. The following are the names of the petit jurors : Isaac Hull, W. D. West, John Kirkland, Henry Feuerborn, Benj. McClachey, James Sutton, James W. Culton, Leander Putnam, Thomas Bayles, Charles Norris and B. P. Brown. The following are the names of the persons who served on the grand jury : W. C. Howard, D. B. Swallow, Isaac Hiner, O. P. Rand, Samuel Hayden, A. Cassell, Benj. Lawellen, John R. Lambdin, John Eaton, A. W. Jones, George Simons, W. Smith, Joseph Benadum, Philip Engle, S. W. Arrant, W. McClure and H. South. This term of the court lasted one week. The grand jury returned a number of indictments, and the records of its pro- ceedings, being very meager, showing only the indictments and arrests, are the first records of a court to be found in the county.
A short time before this there had been much trouble on the head waters of the Pottowatomie, along the line of Coffey and Anderson counties, where some of the better class of citizens settled, and some still live ; also, there was a class who re- spected no law but their own code ; and the result was a people's court, organized to determine the rights of men. They would neither respect the law nor its officers, hence the grand jury, in Octo- ber, 1858, found indictments against most of them, and caused them to be arrested. They gave bail,
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HISTORY OF
but were never tried, as the indictments were nearly all quashed at the April term of the district court, 1859. The federal judges seemed to be prejudiced against all enactments of the Legislature after the laws of 1855 had been repealed : and it was an im- possibility to prepare an indictment that would be sustained by these judges. There was never a man punished in this part of the Territory by the decis- ion of any of the federal judges.
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