USA > Nebraska > Douglas County > Omaha > History of Omaha from the pioneer days to the present time > Part 9
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The territorial legislatures following those previous to 1858 were comparatively quiet assemblages, worked by no exciting episode worthy of more than mere mention at this day.
Congress passed the enabling act for the admission of Nebraska as a state, on the 21st of March, 1864. Under that act the electors of the territory held an election and adopted a state constitution, at the same time electing state officers under that constitution, which prohibited the right of suf- frage to the negroes.
Congress afterwards passed another act to the effect that Nebraska could only be admitted by a change of her constitution so that the right of suffrage should not ever be denied to any man on account of his race, color or previous condition of servitude.
It was under this revised constitution that Nebraska came into the union as a state in 1867. It was provided in the constitution that the first state legislature could locate the seat of government. Governor Butler, the first elected governor, called the first state legislature by proclamation to meet at Omaha on the 16th day of May, 1867. At that session the capital was removed to Lincoln without any opposition from the citizens of Omaha. The railroads were
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centering here then, and it was seen that Omaha's pros- perity did not depend on the capital. She had now got other and richer resources. Flush times had set in at the close of the war, and the people had come to the conclusion that it was not much of a benefit to them after all.
Upon the removal of the capital to Lincoln the people of Omaha acquired the title to Capitol square, as it had been donated to the state for legislative purposes only, provided that it should revert to the donors in case it should ever be used for any other object. The legislature, in granting Omaha's petition, donated it for school purposes, and the magnificent structure that now stands thereon and overlooks the city, was built during the years 1870, '71 and :72. the capitol having been torn down to make room for it.
CHAPTER XV.
THE DOINGS OF THE CLAIM CLUB.
SQUATTER TITLES-THE FIRST NEBRASKA CLAIM MEETING- PASSAGE OF LAWS-OMAHA CLAIM CLUB-ARBITRARY AND OPRESSIVE PROCEEDINGS-THE CASE OF "DOC." SMITH- GRAND MASS MEETING OF THE CLUB-RESOLUTIONS-JACOB SHULL DRIVEN OFF HIS CLAIM AND HIS BUILDINGS BURNED- AN OBSTINATE IRISHMAN DUCKED IN THE RIVER THROUGH THE ICE-SENTENCE OF DEATH PASSED UPON ZIEGLER, WHO SAVES HIS LIFE BY YIELDING TO THE DEMANDS OF THE CLUB -MURPHY'S STORY-A MAN STRUNG UP TO A TREE, AND AFTERWARDS STARVED INTO SUBMISSION-DISSOLUTION OF THE CLAIM CLUBS-FIRST ENTRY AND FIRST PUBLIC SALE OF LAND, ETC.
The early settlers of Omaha had no valid title to their lands upon which they had located or had staked out their claims. The title was still in the government of the United States, the land not then having been thrown upon the market. The only title the settlers had was what they called the "claim" or "squatter" title, and which they con- veyed to each other by quit-claim deeds. These titles were generally respected by everybody, and especially when the claimant had made valuable improvements on the land.
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The "claim club" was one of the first institutions estab- lished here. It was gotten up by the settlers as a sort of higher law, and also for the purpose of giving themselves an advantage over those who came here afterwards. It soon became evident to them that Omaha would, at some day, become a large and prosperous city, and they accord- ingly undertook to secure the lion's share of the plunder. Under the laws of the United States in force at that time, any settler could take one hundred and sixty acres of land, and by staying on it, he was in no danger of his title ever being disputed, though it was necessary for him to wait till the land came into market before he could acquire a full and valid title. The early settlers thought the limit of one hundred and sixty acres was not extensive enough. They wanted to do better than that. So they formed themselves into a "Nebraska claim association," or, as it was soon afterwards better known, "The Omaha claim club," com- prising all settlers in Omaha and Douglas county, which then included Sarpy county.
A "Nebraska claim meeting" was held at Omaha on the 22d day of July, 1854, almost immediately after the survey of the town site was completed. It was composed of a respectable number of the claimants of the public lands in the vicinity of Omaha, as the first number of the Omaha Arrow, July 28, informs us.
S. Lewis was called to the chair, and M. C. Gaylord was appointed temporary secretary. A complete code of laws was enacted, providing for the manner of marking claims, and that no person could hold more than three hundred and twenty acres,* but that it could be in two parcels. No person could hold more than eighty acres of timber, but that also could be in two separate parcels.
Marking the claim and building a claim pen four rounds high, in a conspicious place, would hold the claim for thirty days, at the expiration of which a house had to be built thereon. Transfers of claims were to be made by quit-claim deeds. All differences were to be settled by arbitration.
After the passage of these laws the association pro- ceeded to the election of its officers, as provided for in the claim code, the result being as follows: A. D. Jones, judge;
*See Omaha Arrow, No. 1, July 28, 1554.
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S. Lewis, clerk; M. C. Gaylord, recorder; R. B. Whitted, sheriff. So it will be seen that A. D. Jones was our first judge, and fully entitled to the honorable prefix, although he is never called judge now. New officers were elected from time to time, and these laws were slightly amended at different periods, forming the model for similar clubs which were organized throughout the territory.
The Omaha claim club made a regulation that each member should hold against all claimants provided he made improvements on the land to the value of $50 per year. Under this regulation all the land within five or ten miles of the city was gobbled up by the settlers, each one taking 320 acres,
Two or three years afterwards when new settlers began to arrive, this regulation gave rise to a great deal of serious difficulty, and in some cases bloodshed resulted. The claim club was very arbitrary, and in some cases oppressive, in enforcing some of its regulations. and those of the "old settlers." who still reside here, do not like to say much about the matter. We will, however, mention a few well authenticated incidents of their action in respect to the adjustment of difficulties arising from disputed claims.
Mr. George Smith, better known as "Doc." Smith. the veteran surveyor of Douglas county, was one of the many victims of the wrath of the Omaha claim club. He had taken up a claim-in the vicinity of his present residence in the northern part of the city-on the 15th day of May, 1856, and by the 18th instant he had his house half com- pleted, when an armed party of seventy five or one hundred men, under the direction of the Omaha claim club, came up and in a few minutes leveled the building to the ground, and threatened to put an end to the existence of Mr. Smith, who saw it was useless to resist against such overwhelm- ing odds. He had retreated to a small clump of trees and bushes, where he held a brief consultation with the captain of the men, who advised him to leave at once. Mr. Smith acted on this advice, and going down under the bluff, he quickly departed and crossed the river to Iowa, going to Glenwood, where he remained most of that summer, occu. pying his time in cultivating a small piece of ground that he had there. He visited Omaha occasionally. but he made no attempt to recover his land. In the summer of 1852 Mr.
1
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Smith returned to Omaha, and soon after, early in 1858, employed a Washington lawyer, Richard M. Young. to pre- sent his case to the commissioner of the general land office, Hon. Thomas A. Hendricks, who had replied in December, 185%, to the letter of the register and receiver of the land office at Omaha in reference to the matter. that as Smith was absent from the land claimed for more than one year; that as there was no evidence that he attempted to return and take possession of his claim, or that he resorted to legal proceedings to obtain possession or to protect himself, the general land office could not take the place of the local law, and its officers, to protect him: and further, that not hav- ing complied either with the letter or the spirit of the pre-emption law, his claim was rejected.
Young went at the case with a will, notwithstanding this adverse ruling of the commissioner. and gathering all the facts and testimony, he presented the matter in a clear and convincing manner, and finally recovered Smith's land for him.' Young had the facts and testimony of the case printed in pamphlet form, and distributed throughout Ne- braska at the time, from which we have gathered con- siderable information.
John A. Parker, who was register of the land office at the time Smith was driven off his land, was one of the main witnesses for Smith. In his affidavit he testified as follows:
" That he was present at Omaha in May, 1856, at which time the said George Smith had erected a house on the above mentioned land, and which was the only house or other improvement on said land: that soon after said house was erected on said land he saw a large and excited mob, fully armed, proceed to said house and pull the same down, and give notice to said Smith to leave the territory imme- diately, under pain of being placed in the river if he failed to do so: that the said Smith did, in fact, leave.
"On or about the 1st of February, 1857, the land office opened at Omaha, and the 'claim association' held a meeting. and passed resolutions, that no man should be per- mitted to pre-empt land without the consent of said as- sociation: and a committee of vigilance was appointed to see that no person violated said resolution, and to punish and 'dispose of all who did make any effort to comply with
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the laws of the United States. Some were summarily dealt with, and have not since been heard of. An effort was made to find Smith, for the purpose of making him abandon his claim, and it is within the personal knowledge of this affiant that threats were made, if he could be found and re- fused to comply, he should he hanged; and this affiant has no doubt that said threats would have been executed.
"Some time in April the said Smith wrote to this affiant asking if he could, in his opinion, safely appear at his office to consummate his pre-emption. He replied, that he did not think he could do so, and any attempt on his part would forfeit his life.
"Again, in the summer, he was written to on the same subject: and he was then advised to come down to the office at night, and bring his witnesses with him, so that the facts should be sent to the commissioner of the land of- fice -all of which was done.
"During the whole period there was no bona fide set- tlement on said land, nor was there any such settlement up to the time said Smith came to the office. The only real claimant to the land was Omaha, and it constituted a por- tion of the 3,500 acres which was set apart and claimed for the town, but constituted no part of the area entered, or built on, and occupied for town purposes. It does not ap- pear that there was any laches on the part of Smith, nor was there any law in existence to which he could appeal to place him in possession of the land, (even if such a law could have been enforced against a mob). The legislature, at its session of 1857, had repealed all civil and criminal laws, and had not substituted any others.
"The affiant is in doubt whether, at this time, the said Smith could safely enter on the land; but, if it is entrusted to him, he has no doubt he will make the effort.
(Signed)
JOHN A. PARKER,
Late Register Land Office, Omaha, N. T."
A grand mass meeting of the Omaha claim club was held in Pioneer block on the 20th day of February, 1857. The meeting was called to order by the president, when it was announced that delegations were present from Bellevue, Florence, Elkhorn and Papillion, ready to offer aid and counsel of their respective districts, to assist the people of Omaha in the protection of their rights.
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The delegations were admitted by acclamation, and a committee of five was appointed to draw up resolutions ex- pressing the sentiments and intentions of the squatters. The resolutions were as follows:
"WHEREAS, It appears that evil disposed persons are giv- ing trouble, in different parts of this vicinity, in attempting to pre-empt the claims and parts of claims held by bona fide claimants, to the great annoyance of the rightful owners; therefore,
"Resolved, That we have the fullest confidence in the power of the claim associations to protect the rights of the actual settler, and we pledge ourselves as men, and as members of the different claim associations in Douglas and Sarpy counties, to maintain the claim title as the highest title known to our laws, and we will defend it with our lives.
"Resolved, That persons shielding themselves under tlie act of congress to pre-empt a man's farm under the color of law, shall be no excuse for the offender, but will be treated by us as any other common thief."
The resolutions were adopted by acclamation, and the captain of the regulators was authorized to select a vigil- ance committee to carry out the intention of the resolu- tions.
It was then ordered that the proceedings of the meeting be printed and posted in public places and published in the newspapers of the territory, and the meeting then adjourned until Saturday, the 21st, when a committee was appointed to attend at the United States land office and warn settlers of any attempt to pre-empt their land. The captain of the regulators chose a secret vigilance commit- tee, and minute men were enrolled to execute the orders of the association in the speediest and most effectual manner. The meeting then adjourned.
It has been related that at a meeting of the Omaha claim club in the Pioneer block -very likely at the same meeting just described-a well-known man, now dead, in speaking of what should be the fate of those who threatened to prove up on a claim not their own, said, "Instead of letting them prove up we'll [keek] send them up," at the same time accompanying the remark with a noise as of a choking sensation, and with a gesture of the
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hand to indicate the sudden elevation of an object towards an overhanging limb. These gestures were especially sig- nificant as coming from one known to have been tried for the killing of a man. This incident may remind the reader whenever he hears the expression "we've got 'em a-keek- ing," that somebody has got sombody else in a tight place -choking the wind out of him, so to speak.
On the 21st of February, 1857-the very next day after the holding of the "grand mass meeting"-the club began to carry out its resolutions, and rallying its members to the number of one hundred or one hundred and fifty men, all fully armed and equipped, they marched out in a body to the southwest portion of the city, and forcibly dispos- sessed of his premises Jacob S. Shull, who had squatted on what he had rightfully supposed to be a piece of govern- ment land, and being. a citizen of the United States he claimed the right to settle upon and improve it under the pre-emption laws.
Seeing this large body of men bearing down upon him, and knowing what they were coming for. he concluded that discretion was the better part of valor, and accordingly hurriedly retreated.
The claim club tore down and set fire to his buildings, destroying everything on the premises, and then began hunt- ing for him. He lay concealed for two days behind a counter, in a dry goods store, and his hiding place, fortu- nately for him, was not discovered by his pursuers, although they searched nearly every building in town, the store in which he lay included. Finally, after the excite- ment had somewhat subsided, he came out from his hiding place. and was not any further molested as he kept very quiet. Of course he did not dare to openly assert any claim to the land after this occurrence. Mr. Shull did not live long after this event, dying inside of a year after his disposses- sion of the land. His death, it is said, was greatly owing to the treatment he had received at the hands of the claim club. His troubles bore heavily on his mind, and caused a general depression of his spirits. Upon his death-bed his last thoughts were of his property, and his last words, uttered to his son, Henry D. Shull, then a very young man or rather boy, were. "You [meaning the family] will get it some day," and his prediction came true.
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The party claiming the land under the club law. after- wards procured his title from government. The heirs of Mr. Shull, however. carried their case to the courts, and without any difficulty at all procured the title from the government for the 160 acres of land, and the last claimant was then ousted. The heirs still reside in this city, and are now enjoying the profits arising from the sale of the land in city lots, it having become quite valuable in the meantime.
Another case was that of an Irishman named Callahan, who had settled upon a piece of land in the western part of the city. in the vicinity of West Omaha. He, too, was dis- possessed by the claim club; but he went back a few days afterwards, acting under the advice of some one who was not known. and took possession of the land again. There- upon a committee of the club arrested him on the land and brought him before the club for the hearing of his case. It was an august and solemn assembly, and the trial was gone through with in accordance with the rules of the squatter law, the verdict being that he should renounce all claims to the land. or be drowned in the Missouri river. He was given thirty minutes to decide the vital question whether he would give up his claim or become bait for the fishes. He refused to relinquish the land. He was then led to the river where a hole was cut in the ice, the event transpiring in February or March, 1857. They ducked him into the hole, taking good care, however, not to let go of him. for if they had, he would have been swept under the ice by the strong current.
They soon took him out, stood him upon his feet, and asked him to renounce the land. As soon as he could spit the water out of his mouth. he emphatically declared that he would not. He was again ducked under the water, and a second time pulled out, still remaining obstinate. They gave him a third submersion, and he then finally agreed to yield to their demand, having become convinced that they meant business, and would soon vary the monotony of the transaction by letting go their hold. The half-drowned and half-frozen victim was brought up to the city to sign a document of relinquishment. but by the time they arrived at the appointed place, it was found that the man was not able to stand up, the cold bath and the exposure having
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been too much for him. Dr. McElwee, who died about a year afterwards, and Dr. Thrall were immediately sum- moned to attend to the case. The doctors took the patient into a warm room, stripped off his wet clothes. some of which were actually frozen stiff, wrapped him in dry blankets, and gave him three doses of whisky. This treat-
AN OBSTINATE IRISHMAN DUCKED IN THE RIVER BY THE CLAIM CLUB.
ment, especially the stimulant, soon revived him, and he then signed the deed of relinquishment. The land was en- tered and sold to an innocent party, which ended the mat- ter. Poor Callahan died a few years afterwards, his death being hastened, as it is said, by the ducking he had re- ceived.
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Another statement of the Callahan case is given by a gentleman still residing in Omaha, who claims that the "real facts" are as follows: Governor Cuming had pre- empted the claim from which it was sought to evict Calla- han, and to the end that his title might be permanently vested by actual possession, hired Callahan to occupy the land for a consideration of $45 per month, which was regu- larly paid him. Callahan finally set up a claim of owner- ship, and refusing to either publish a renunciation of his claim or vacate the premises, forcible means were em- ployed, resulting in his yielding.
At another time a meeting of the club was held in Pioneer block, there being about one hundred members pres- ent. A man named Ziegler was arrested and brought before them on the very serious charge of having asserted claim to some piece of land belonging to some member of the club. The president put the usual question to him, "Guilty or not guilty?" He pleaded "not guilty," and stated defiantly that he claimed that land and prosposed to stick to it. His trial occupied just ten minutes, and no time was wasted in any foolishness or red tape. The ver- dict was that he should relinquish all claim to the land, or be banished from the territory, and in case he returned to suffer death. The president of the club, with all the solemnity he could command, ordered him to stand up and receive his sentence, which was delivered in accordance with the squatter law in "such cases made and provided."
Ziegler was then escorted to the river by a committee and ordered to depart, which he proceeded to do without any further ceremony or a second bidding. Ziegler came back a few weeks afterwards, but did not set up any more claims to the land, and he was not troubled again by the claim club.
It was on the 17th of July, 1857, that one Daniel Mur- phy entered at the land office in Omaha a fractional quarter of a section of land near the Platte river, about two miles west from Larimer Mills, in Sarpy county. The land so entered joined a piece owned by two other men, both of whom had taken advantage of the law, and had entered, under the pre-emption law of 1841, the full amount thus allowed. They wanted more, and to accomplish their end they asked the aid of the Omaha claim club. These two
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men wanted to purchase the land from Murphy, but he refused to sell. He was then inveigled into an office and found himself in the presence of several persons, among whom was a lawyer. They demanded that Murphy should sell, but he still objected. Threatening language was used towards him, and it was insisted that he must sur- render his certificate of entery. While they were thus parleying with him, Murphy, who saw he was in the enemy's camp, sprang through a window, while they were a little off their guard, and attempted to escape. But he was caught and brought back, after a fierce struggle in which his clothes were almost entirely torn off. One of his captors, as the story goes and as it has appeared in pub- lic print, pointed a revolver at his head, and another flourished a bowie-knife in close proximity to him. His clothes were searched for the certificate but could not be found, as Murphy had rolled it into a small ball and con- cealed it in his mouth. Being unable to find it, they then directed their lawyer, who was a notary public, to swear Murphy to the fact that the certificate was lost and destroyed, and Murphy, thinking it advisable under the circumstances, accordingly made such an oath, and also signed a deed conveying away his land for the considera- tion of $1,000 as was expressed in the instrument, but it is said that Murphy was handed only $100. Murphy was then permitted to depart with the admonition that he must say nothing and leave town, and to this latter proposition he was also sworn. Murphy sought advice, but found to his sorrow that the power of the claim club was omnipotent and that he could not obtain relief. He went to work for a short time at day wages, but being threatened ou various occasions, as he said he still claimed the land, he removed to Iowa, and thence to Missouri. He afterwards returned to Omaha about the year 1870, after the death of one of the other two claimants, and brought suit for the recovery of the land. It was said by interested parties that this case was a "hatched-up job." It never came to trial, and resulted in nothing for the claimant.
Another version of this case, as published in a recent history of Nebraska, is as follows: "As Murphy was pass- ing the office of Mr. Lowe, at the northwest corner of Harney and Twelfth streets, he was accosted in reference
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to his entry and was solicited to transfer the same for a consideration. He entered the office during the conversa- tion, and refusing to assign the tract, was admonished as to the rightful ownership thereto, which was claimed by Mr. Lowe. Those said to have been present in the office at the time were Jesse Lowe, John A. Horbach, John T. Paynter, and James M. Woolworth. While the negotiation was con- tinuing, Murphy attempted to escape by springing through a window, but was prevented and returned by Mr. Paynter. A fierce scuffle ensued, in which Murphy was overpowered. He attempted to swallow the certificate of entry, but Mr. Lowe prevented him by choking him. After some persua- sion Murphy was induced to sign a deed of transfer, whereupon he was released. In defense of this action it is claimed that Murphy had squatted upon lands that had been regularly 'claimed' by Mr. Lowe, and the means em- ployed for the enforcement of Mr. Lowe's rights were those only available and of sufficient force to command attention or obedience."
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