USA > Kansas > Wyandotte County > Kansas City > Wyandotte County and Kansas City, Kansas. Historical and biographical. Comprising a condensed history of the state, a careful history of Wyandotte County, and a comprehensive history of the growth of the cities, towns and villages > Part 11
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When Kansas donned the robes of Statehood, its constitution or- dained, as now, that the judicial power should be vested in the Supreme Court, district courts, probate courts, justice's courts, and such other courts inferior to the Supreme Court as might be providedby law. The Supreme Court consisted then, as now, of one chief justice and two associate justices, whose term of office after the first was six years.
At the election of the State officers, held December 6, 1859, under the Wyandotte Constitution, the Supreme judges chosen were as fol- lows: Thomas Ewing, Jr., chief justice, term six years; Samuel A. Kingman, associate justice, four years; Lawrence D. Bailey, asso- ciate justice, two years.
Under the Wyandotte Constitution, five judicial districts were formed, and at the first election under it, December 6, 1859, judges were chosen. Wyandotte, Leavenworth, Jefferson and Jackson Coun- ties constituted the First District, and William C. McDowell was elected judge. The counties of the Second Judicial District were Atchison, Doniphan, Brown, Nemaha, Marshall and Washington. The counties of Washington, Republic and Shirley (now Cloud) were attached to Marshall for judicial purposes. Albert J. Lee was the first judge. The counties of Shawnee, Wabaunsee, Pottawatomie, Riley, Davis, Dickinson and Clay constituted the Third District. Clay, Dickinson, Ottawa and Saline were attached to Davis for judicial purposes. Jacob Safford was its first judge. Douglas, Johnson, Lykins (now Miami), Franklin, Anderson, Linn, Bourbon and Allen Counties made the original territory of the Fourth District. Solon O. Thacher was the first judge of the district. The original territory of the Fifth District was the counties of Osage, Breckenridge, Morris, Chase, Madison, Coffey, Woodson, Greenwood, Butler and Hunter, and the unorganized counties in the "southwest." E. O. Leonard was the first judge.
By subsequent changes and by the creation of new districts, the
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State now has thirty-five judicial districts, constituted, respectively, of the counties named: 1-Leavenworth, Jefferson, Jackson; 2-Atchi- son; 3-Shawnee; 4-Anderson, Franklin, Douglas; 5-Lyon, Coffey; 6-Linn, Bourbon and Crawford; 7-Woodson, Allen, Neosho, Wil- son; 8-Dickinson, Davis, Morris; 9-Reno, Harvey; 10-Johnson, Miami; 11-Cherokee, Labette, Montgomery; 12-Cloud, Republic, Washington: 13-Elk, Chautauqua, Cowley; 14-Lincoln, Russell, Ells- worth; 15-Mitchell, Osborne, Jewell, Smith; 16-Pawnee, Edwards, Hodgman, Garfield; 17-Phillips, Norton, Rawlins, Decatur, Cheyenne; 18 -- Sedgwick; 19-Sumner; 20-Rice, Stafford, Barton; 21-Marshall, Riley, Clay; 22- Doniphan, Brown, Nemaha; 23-Ellis, Trego, Gove, Logan, Wallace; 24-Harper, Barber; 25-Chase, McPherson, Marion; 26-Butler, Greenwood; 27-Ford, Gray, Finney, Kearney, Hamilton; 28-Kingman, Pratt, Kiowa; 29-Wyandotte; 30-Ottawa, Saline; 31-Comanche, Clark, Meade; 32-Stevens, Seward, Morton, Has- kell, Grant, Stanton; 33-Rush, Ness, Lane, Scott, Wichita, Greeley; 34-Rooks, Graham, Sheridan, Thomas, Sherman; 35-Pottawatomie, Wabaunsee, Osage.
The judges of the district court in the several judicial districts, in 1890, were the following: 1-Hon. Robert Crozier, of Leavenworth; 2 -- Hon. Robert M. Eaton, of Atchison; 3-Hon. John Guthrie, of Topeka; 4-Hon. A. W. Benson, of Ottawa; 5-Hon. Charles B. Graves, of Emporia; 6-Hon. C. O. French, of Fort Scott; 7-Hon. L. Stillwell, of Erie; 8-Hon. M. B. Nicholson, of Council Grove; 9-Hon. L. Houk, of Hutchinson; 10-Hon. J. P. Hindman, of Olathe; 11-Hon. John N. Ritter, of Columbus; 12-Hon. F. W. Sturges, of Concordia; 13-Hon. M. G. Troup, of Winfield; 14- Hon. W. G. Eastland, of Russell; 15-Hon. Cyrus Heren, of Os- borne; 16-Hon. J. C. Strang, of Larned; 17-Hon. G. W. Berkran, of Oberlin; 18-Hon. C. Reed, of Wichita; 19-Hon. J. T. Herrick, of Wellington; 20-Hon. Ansel R. Clark, of Sterling; 21-Hon. Robert B. Spilman, of Manhattan; 22-Hon. R. C. Bassett, of Seneca; 23- Hon. S. J. Osborn, of WaKeeney; 24-Hon. C. W. Ellis, of Medicine Lodge; 25-Hon. Frank Doster, of Marion; 26-Hon. C. A. De Land, of El Dorado; 27-Hon. A. J. Abbott, of Garden City; 28-Hon. S. W. Leslie, of Kingman; 29-Hon. O. L. Miller, of Wyandotte; 30- Hon. R. F. Thompson, of Minneapolis; 31-Hon. Francis C. Price, of Ashland; 32-Hon. Theodore Botkin, of Springfield; 33-Hon, V. H. Grinstead, of Dighton; 34-Hon. Charles W. Smith, of Stockton; 35-Hon. William Thomson, of Osage City.
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March 8, 1861, Archibald Williams, of Illinois, was appointed United States district judge for Kansas. He died in September, 1863, and was succeeded by Mark W. Delahay. He resigned his position March 3, 1873. Cassius G. Foster was appointed March 10, 1873, and is still the incumbent. The clerk is Joseph C. Wilson.
The United States district court is held at Topeka, Leavenworth and Wichita. At the latter point cases arising in the Indian Terri- tory are heard.
The United States circuit court is held alternately in Leavenworth and Topeka. The judge is Hon. H. C. Caldwell; the clerk, George F. Sheritt.
Hon. W. C. Perry, of Fort Scott, is United States district attor- ney; Hon. L. R. Walker, of Topeka, is United States marshal.
Two courts of record, not specifically named in the constitution, have been created by legislative enactment since the admission of Kansas as a State, viz., the criminal court of Leavenworth County, and the superior court of Shawnee County. The criminal court of Leavenworth County, established March, 1862, had conferred upon it the same criminal jurisdiction that had been conferred upon the dis- trict court of that county. The probate judge of the county was ex-officio the judge of the court. This court was abolished March 18, 1875. During its existence the following persons were the judges: Hon. D. J. Brewer, Hon. Peter McFarland, Hon. Barzillai Gray and Hon. Byron Sherry. The superior court of Shawnee County was created by the Legislature, March 7, 1885, for two years; Gov. John A. Martin appointed Hon. W. C. Webb presiding judge.
Of the persons who have served as the chief justices of the Su- preme Court it is safe to say, with full appreciation of the abilities of others, that Hon. Thomas Ewing, Jr., and Hon. Samuel A. Kingman are pre-eminent. The members of the judiciary of Kansas have been as learned, able, faithful, fearless and upright as the judges of any State in the Union. Several of them who have filled and some who are now filling judicial positions are known as men of brilliant abili- ties and superior legal attainments. The ermine of Kansas has not often been tainted or stained. If now and then a weak, vacillating or unworthy judge has been chosen, he has been speedily retired.
The bar of Kansas ranks with that of any of her sister States. Its members have many of them achieved the greatest triumphs in the highest courts, and not a few of them have attained to high stand- ing in affairs of State and national interest.
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CHAPTER VII.
GENERAL ACCOUNT OF RELIGIOUS DENOMINATIONS-THE PRE-TERRI- TORIAL ERA-THE TERRITORIAL ERA-THE WAR ERA-THE ERA OF PEACE AND PROSPERITY-FACTS AND STATISTICS OF GROWTII- CHARACTERISTICS OF THE CHURCHES OF KANSAS.
True Christianity depends on fact; Religion is not theory but act .-- Walter Harte.
ISSIONARY enterprises were vigorously prosecuted on this soil among the Indian tribes by several denominations of Chris- tians in the pre-Territorial era (prior to 1854). The Baptists established a mis- sion among the Shawnees in 1831; the station was about four miles from the Missouri River, in the present county of Wyandotte. The first printing press ever on Kansas soil was brought by Mr. Jotham Meeker, in 1833, for a Baptist mis- sion located near the present city of Ottawa. The Catholics started a mission among the Osage Indians in 1827, near the present site of Osage Mission. The Methodist Episcopal Church began its work among the Delawares and Shawnees, on the south side of the Kansas River, and it organized the first church among them in 1832, Rev. Thomas Johnson having established a school in 1829. The Presbyterians founded their first mission in Kan- sas, in 1835, among the Wea Indians, who lived near the site of Ottawa. In 1837 a mission was founded by them for the benefit of the Iowas, near what is now Highland, Doniphan County. The Society of Friends started a school, and held meetings among the Shawnees in Johnson County, soon after the removal of the tribe to Kansas. Schools and churches were organized by the Moravians, and perhaps by other bodies of Christian people.
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The fierce political and border strifes, which made up the history of the Territorial era from 1854 to 1861, were unfavorable to the planting and nurture of churches; yet, during this period, foundations were laid by various denominations, in order to meet the needs of the people, and especially in anticipation of the prospective settlement of the Territory. The Baptists organized in June, 1855, and their first house of worship was built at Atchison. The first Catholic congrega- tion of white people was organized in Leavenworth, August 15, 1855. Their first building for the use of a white congregation was erected in the same place in the same year. The first church organized by the Congregationalists was at Lawrence, in October, 1854-perhaps the first white man's church in the Territory. Their first church edifice was built at that place in 1857. The Protestant Episcopal Church began its work at Leavenworth in 1856, and its first church edifice was erected there in 1858. The first Evangelical Lutheran organiza- tion was effected at Leavenworth, October 25, 1855. The house of worship was built in the summer preceding the organization, and it was probably the first building in Kansas for church purposes, outside of Indian missions and Government forts. Rev. W. H. Goode, pre- siding elder of the Methodist Episcopal Church, preached in a log cabin at Hickory Point, on the Santa Fe road, July 9, 1854, Rev. A. Still, Rev. J. M. Chivington, and Mr. Mendenhall, a missionary of the Society of Friends, being present and participating in the services -probably the first sermon to white settlers in the State. The first church building was erected in Lawrence in 1856, and the same year a small slab church was built in Leavenworth. The first church for whites was organized near Tecumseh by Rev. Mr. Goode. The first session of the Kansas and Nebraska conference was held in a tent in Lawrence, commencing October 23, 1856. The Presbyterians organ- ized their first church January 1, 1856, at Leavenworth. The United Presbyterians made their first organization at Berea, Franklin County, in 1857, and their first church was erected at that place in 1858. The Society of Friends held meetings on Fall Creek, near its mouth at Stranger Creek, in Leavenworth County, about February 15, 1856. They met in the cabins of settlers until the spring of 1857, when a log house was erected, which gave place to a good frame building in September, 1859. The German Methodists were organized in 1860, in Dickinson County, and the German Lutherans in 1861 at Leaven- worth. Before the admission of the State, several other demonina- tions had made beginnings in the way of organization.
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The State of Kansas had been a member of the Union but seventy- four days when the assault on Fort Sumter began. The war that fol- lowed almost wholly engrossed the interest and the energies of the people. For four years a very large portion of the able-bodied men of the State were in the Union service. Probably the effect of war upon general church work is fairly represented by the following re- port, made by the Methodist Church for the years indicated: Number of ministers in 1860, eighty-five; in 1861, seventy-four; in 1862, seventy-two; in 1863, sixty-eight. Number of churches in 1860, seventeen; in 1861, forty-three; in 1862, thirty; in 1863, thirty-three. The Territorial era and the war era, embracing a period of eleven years, brought to the church builders of Kansas, in common with other citizens, trials and sacrifices as heavy as any that have ever fal- len on any people on this continent since the days of Jamestown and Plymouth, and the trials and sacrifices were met by all-women as well as men -- with a spirit of patience and heroism surpassed by nothing in the annals of the world.
The current of immigration that began to flow into Kansas after the close of the war contained from the first a very large per cent of persons who had been members of churches, and also of those who, though not communicants, were decidedly favorable to the establish- ment of churches. The natural result was speedily realized. Churches and Sunday-schools sprang rapidly into existence. The good work was prosecuted not only in the larger towns and villages, but throughout the country districts and in sparsely settled regions. Wherever the hardy pioneer built his claim shanty or sod house, there the congregation was gathered and services were held. Of course the denominations that were early on the ground sought vigorously to reap the benefits of their priority, and those who came later were not wanting in energy and zeal. Since the war, most of the religious sects known elsewhere in the country have been at work in the State, each according to its chosen and accustomed methods. Their work has been successful in the highest degree. Even if full and complete figures representing results were accessible, they would very inade- quately show the best products of Christian effort, since, of necessity, these can neither be counted nor estimated. An important feature in the work has been the active interest taken in it by considerable bodies of intelligent foreign-born citizens, notably Germans, Swedes, Nor- wegians, French and Welsh. There were in Kansas in 1888, 2,994 church organizations, having an aggregate membership of 280,458,
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and 1,755 houses of worship. The aggregate value of church prop- erty was $5,387,497. The census of 1890 shows a gratifying increase in the above statistics. The roll of churches in the State contains the following denominational names, and perhaps others should be added: Adventist, African Methodist Episcopal, Baptist, Catholic, Congregational, Christian, Protestant Episcopal, Free Methodist, So- ciety of Friends, German Lutheran, German Methodist Episcopal, Evangelical Lutheran, Hebrew, Methodist Episcopal, New Jerusalem, Presbyterian, United Presbyterian, Swedish Baptist, Cumberland Presbyterian, Swedish Lutheran, Unitarian, United Brethren, Univer- salist, Wesleyan Methodist. Many congregations made up of colored people are included in the reports presented by the denominations to which they are respectively attached.
The churches of Kansas are characterized by a spirit of liberal propagandism. Denominational bigotry is at a minimum. The high- est degree of fraternity characterizes the various denominations and their ministers in their intercourse with each other. The great body of Christians believe in freedom of belief and of unbelief, in freedom of discussion, in freedom of worship and in the spiritual responsibil- ity of each man to his God alone ; their motto is, "In things essen -. tial, unity; in things doubtful, liberty; in all things, charity.
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CHAPTER VIII.
HISTORICAL SKETCH OF STATE EDUCATIONAL INSTITUTIONS AND AFFAIRS -VALUE OF PUBLIC EDUCATION-PIONEER SCHOOLS-THE SCHOOLS UNDER THIE TERRITORIAL ORGANIZATION-TERRITORIAL SUPERIN- TENDENTS OF PUBLIC INSTRUCTION-THE SCHOOLS IN 1860-THE PUBLIC SCHOOL SYSTEM OF TO-DAY-SUCCESSIVE STATE SUPERIN- TENDENTS OF PUBLIC INSTRUCTION-STATE NORMAL SCHOOLS-THE STATE AGRICULTURAL COLLEGE-UNIVERSITY OF THE STATE OF KANSAS-HOW THE COMMON SCHOOLS ARE MAINTAINED-STATISTICS -DENOMINATIONAL EDUCATIONAL INSTITUTIONS.
Schoolmasters will I keep within my house Fit to instruct her youth. To cnnning men I will be very kind; and liberal To mine own children, in good bringing up .- Shakspeare.
HERE the largest provisions have been made for elementary schools and higher institutions of learning, civilization has reached its highest standard. The nineteenth century witnesses the highest civilization the world has ever known. In Kansas, civilization has made as splendid achievements as in any State in the Union. No more striking argument can be found in favor of popular education by the State than the one based upon a comparison of the cost of police force (standing armies), and the maintenance of public schools. Servia, with a population little larger than that of Kansas, pays for her standing army, $2,072,890 per annum. Greece, with less than 2,000,000 people, pays for her soldiers $3,312,140. Norway pays $1,628, 440, and Bolivia, $2,148,000. The popu- lation of the countries cited exceed but very little the popula- tion of Kansas which pays nothing directly and very little indirectly for the support of an army, but has paid more than $5, 000,000 in a year for
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the education of its children. Intelligence always governs ignorance and can and does govern itself. The schools of Kansas are part of her very structure. They began with her life, and have grown with her growth, and have been woven into all her history. The planting of schools was not an incident nor an afterthought, but a part of the original purpose of her first settlers. Schools sprang up almost be- fore there were children to attend them. Lawrence was settled in September, 1854, and in less than four months-January 2, 1855-a school was opened by Mr. E. J. Fitch, of Massachusetts. March 7, 1857, the "Quincy High School" was established. Topeka was set- tled late in November, 1854, and early the next summer a school was opened by Miss Sarah Harland, and the "Topeka Academy " was es- tablished January 2, 1856. What happened in these two places was repeated in one form or another in every town and hamlet in the Ter- ritory. These were all voluntary movements, as there were yet no provisions of law to aid in the matter; but they sprang from the same popular convictions which afterward created the public school system, and were prophetic of what was coming.
Kansas Territory having been organized May 30, 1854, its first Territorial Legislature passed the school law August 30, 1855, and from that date the history of the public school system of Kansas properly began. The law of February 12, 1858, provided that the governor should appoint during that session of the Legislative Assem- bly, by and with the advice of the council, a Territorial superintendent, whose term of office should commence March 1, 1858. This was amended by the law of 1859, which made the superintendent elective annually. The following named gentlemen served as superintendents: James H. Noteware served from March 5 to December 2, 1858; Sam- uel W. Greer from December 2, 1858, to January 7, 1861; John C. Douglas from January 7, 1861, until April 10, 1861, Kansas then having completed the organization of her State government.
Superintendent Greer presented a report to the Legislature Jan- uary 4, 1860, which embraced returns from sixteen counties and 222 school districts. The county of Douglas led, having thirty-six organ- ized school districts, Osage ten. There were 7,029 persons of school age ranging between the years of five and twenty-one. The amount of money raised to build school-houses was $7,045.23; amount of money raised by private subscriptions, $6,883.50; amount of public money for schools, $6, 283. 50.
The laws of 1858 provided for the appointment of a county super-
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intendent by the tribunal transacting county business, and the same law provided for an election of a county superintendent, to be elected at the same time, place and manner that county officers are chosen, the term to commence on October 1, and continue one year. The duties of Territorial superintendents and county superintendents were de- fined under the Territorial laws. Township trustees, during the latter period of the Territorial regime, performed sundry duties that before had come within the domain of the superintendent's office. The board of county commissioners, by the law of 1855, formed the dis- tricts in accordance with petitions presented, that were signed by a majority of the voters residing within the limits of any contemplated district. By the law of 1858 this duty was relegated to the county superintendent. The law of 1859 provided that "each organized township in the county shall be an original school district, until the same shall be divided into separate districts by the county superin- tendent." By the school law of 1855 the affairs of each district were managed by three trustees and one inspector. Under the law of 1858 the board consisted of a director, clerk and treasurer.
The Wyandotte constitution, under which the State was admitted, provides that the Legislature shall establish "a uniform system of common schools, and schools of higher grade, embracing normal, pre- paratory, collegiate and university departments." In accordance with this constitutional provision the Legislature has, at different times, passed laws looking to the development of a complete system of schools, and these laws have been carried out by the school officials elected under them. These laws provide for a State superintendent of public instruction, who shall supervise the schools of the State, and for county superintendents, who shall supervise the schools of the counties. The following have been incumbents of the office of State superintendent since the State was organized: William R. Griffith, from April 10 to February 12, 1862; S. M. Thorp, from March, 1862, to January, 1863; Isaac T. Goodnow, from January, 1863, to Jan- uary, 1867; Peter McVicar, from January, 1867, to January, 1871; H. D. McCarty, from January, 1871, to January, 1875; John Fraser, from January, 1875, to January, 1877; Allen B. Lemmon, from Jan- uary, 1877, to January, 1881; Henry C. Speer, from January, 1881, to January, 1885.
The State has been divided into school districts small enough to make a school accessible to all the children. Every district is encour- aged to sustain a school at least three months in the year, and every
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parent is required, by a law passed in 1874, to send his children to school at least twelve weeks in each year during the school age, under a penalty for disobeying its injunctions. Cities and the larger towns are authorized to establish graded schools, including primary, gram- mar and high-school departments. Every child may secure, not only the rudiments of learning, but a good English and business education, and also prepare for further education in higher institutions of learning.
Beyond the common schools there have been established schools of a higher grade and for special study. At Emporia is the State Nor- mal School (opened in 1864), for training teachers. It was founded by a grant of nearly 40,000 acres of land, which is being sold to es- tablish a fund for its support. It has a small endowment, but is doing a grand and growing work, and it is to be hoped that the Legislature will hereafter supplement its endowment by appropriations equal to its opportunity. It employs about a dozen professors, and has an at- tendance of about 600 students. The Leavenworth Normal School was opened in 1870, and closed in 1876. The Concordia Normal School existed from 1874 to 1878.
The State Agricultural College at Manhattan was permanently lo- cated by legislative enactment February 16, 1863, and its board of regents held their first meeting July 23, 1863, and educational work commenced September 2, 1863. Its four departments were, agri- culture, mechanic arts, military science and tactics, literature and science. This institution is based on a Congressional grant of 82,000 acres of land. The sale of these lands has been admirably man- aged and has produced a permanent fund of about half a million dollars. The college is doing a grand service in elevating the industries of the State. It employs twelve instructors and assistants and seven superintendents of different branches of industry, and gives instruction to more than 400 students.
The act of the Legislature that organized the University of the State of Kansas, at Lawrence, took effect March 1, 1866. The uni- versity is designed to give to all citizens the opportunity for profes- sional study, and for the pursuit of all branches of higher learning. It employs some twenty instructors and assistants and has an attend- ance of about 500 students. Its government is vested in a board of regents, consisting of a president and twelve members appointed by the governor. The first session opened September 12, 1866.
The maintenance of the common schools is both State and local. The act of Congress admitting the State set apart the sixteenth and
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