History of Richardson County, Nebraska : its people, industries and institutions, Part 12

Author: Edwards, Lewis C
Publication date: 1917
Publisher: Indianapolis : B.F. Bowen
Number of Pages: 1742

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In the interim between the running of the first and second lines, a number of settlers had come into the country and settled on land which, like Archer, was effected by the change of this selfsame line, and hoping to hold the same, carried the controversy to the halls of the national Con- gress at Washington.

The following memorial to Congress, passed by the Territorial Legisla- ture shortly after the abrogation of the McCoy survey, and the making of another, asked Congress to relieve the settlers who had been surveyed into the Half-Breed tract, if within its constitutional power to do so.

PREAMBLE. AND JOINT RESOLUTION.

For the Relief of Certain Citizens of Richardson County.

Whereas, A portion of the inhabitants of Richardson county in this territory, have in good faith, settled upon, and made all the improvements, many of which are highly valuable that were required by neighborhood, territorial and the United States laws, to enable them to acquire title to the same, by strict conformity with law, and

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Whereas, Such settlement and improvement was made after the surveys made by authority of the United States, had determined that their settle- ment and improvement did not encroach upon, or include any portion of the public land reserved from sale, or settlement, by reason of any treaty then known to exist; and,

Whereas, It has since such settlement was made, been ascertained that the authorized surveys were erroneous, and that the correction of such error, will include within the boundaries (of the Half-Breed Reservation), a portion of the lands so settled upon, therefore placing an inseparable barrier to their acquiring title thereto, by pre-emption or any other known law, and summar- ily depriving them of their homesteads, taking from them the fruits of their toil and labor without redress, except the same can be given them by a special act of Congress, for their relief and believing it to be a duty incumbent upon us, as the representatives of the people, to aid them in obtaining redress for grievances, which in no wise resulted from any disregard of law on their part, so far as it may be legitimately within our power, and believing as we do, that the hardships and losses that must inevitably result to the inhabitants aforesaid, makes it an imperative duty for our most earnest effort; therefore, be it

Resolved, By the council and house of representatives of the territory of Nebraska, that our delegate in Congress is hereby respectfully requested to present to that honorable body a bill, setting forth the hardships which must result to a portion of our inhabitants, and to urge the immediate pas- sage of such bill, for their relief, so far as they may have power to do, and strict justice to the parties agreed, demand; and be it further

Resolved, That the secretary of the Territory be requested to transmit a copy of the foregoing preamble and resolution forthwith to our delegate in Congress.

Approved, February the 9th, 1857. Third session.

The mouth of the Great Nemaha in 1838, at the time when the first survey above referred to, was made, was located in the southeast part of section 25, township 1, north of range 18, and was likewise at the same point when the later survey was made in 1856, but in more recent years the Missouri river broke through an old bed of the Nemaha at a point furtlier north and about two miles west of the older point indicated first by Lewis and Clark in notes of their journey up the river in 1804. and the later survey of 1838.

The new survey of the Nemaha that was ordered in 1856, was made

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over the same ground, from the same point on the Missouri, but by some process extended the initial point of the west boundary of the Half-Breed tract, two miles further west than did the McCoy survey and about two and one half miles to the south of that point. The effect of the change was to push the entire line further west.

The resolution above was sent to the Nebraska delegate in Congress at the time, Fenner Ferguson, who had been in the state at the time the later survey was made and he took the matter up and succeeded in having a bill passed in June, 1858, which settled the matter by readopting the old or first survey. This action settled the location of the Half-Breed line, but did not save Archer. It was claimed that some sixty settlers were on the land in question. A bill, which was passed in 1859, gave the proceeds of the land between the two lines, to the half-breeds who had not received allotments, which amounted to about $400 each, as the land was sold at one dollar and a quarter per acre, the government price for a half section, as long as the fund lasted.

FIRST SURVEYS MADE.

The survey and sectionizing of Richardson county, was of the lands of Nebraska Territory commenced first, for the reason that the initial point of all the surveys of Nebraska lands is located at the southeast corner of Nebraska, which, likewise, is the southeast corner of the county. This work was commenced in 1854, the year of the arrival of the first of the Richardson county pioneers, who arrived here on April 17th, and the surveyors began their work in the month of November of that year.

The first party sent out by the government were charged with the work of running the base line west from the Missouri river for a distance of one hundred and eight miles. The fortieth parallel of north latitude, the dividing line between the states of Nebraska and Kansas, was designated as the base line and required to be marked.

The first party arriving at the point where the survey was to be com- menced, went to great pains with the instruments they had at hand and their knowledge of the business, to locate the exact line of the fortieth parallel. The first thing to be done was to establish the initial point and mark the same; this was done by the erection of a large iron monument.

FIRST LOG SCHOOL HOUSE, GRANT PRECINCT, ERECTED IN 1865.

A TYPICAL LOG CABIN.

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THE IRON MONUMENT.

A large iron monument was intended to be placed at the exact south- east corner of the state of Nebraska (which also marks the southeast corner of Richardson county), but this would have been on the river's edge between the states of Nebraska and Kansas, and because of the habits of the Missouri river was not deemed a practical location for a permanent marker, hence it was placed on the bluff nearly one hundred and fifty feet above and overlooking the river. It marks a dividing line between the states, and was placed there under directions made by Surveyor-general John Calhoun, of the territories of Nebraska and Kansas, at that time located at Wyan- dotte, near Kansas City, Missouri.

The contract for the erection of the monument had been let to Charles A. Manners & Company, a firm which had some surveying contracts in the territories of Kansas and Nebraska. Orders from the surveyor-general, land office, Washington, D. C., set forth the point at which a monument should be erected. The matter of officially fixing a spot where the monu- ment should be placed was given by the land commissioner in the following language, contained in instructions forwarded to those who were to deter- mine the corner and erect a monument marking same:

"Your township corner binding on the Missouri river will be the south- east corner of township or fractional township No. I, north of the base line of range number 18, and at the intersection of the point on the Missouri river, a conspicious and enduring monument is to be erected by your deputy.

The first work done in this locality was that of a party in charge of a surveyor, John P. Johnson, who, with his men, surveyed the Kansas and Nebraska dividing line on the fortieth parallel west for a distance of sixty miles and they had marked the starting place with a wooden stake sur- rounded by a pile of stones which they had gathered nearby. The work done by this party was highly unsatisfactory and had not fulfilled the re- quirements of the government and Manners & Company had been employed to go over the work and rectify the mistakes. A party consisting of twenty- four men in the employ of this company, were sent to St. Joseph, Missouri, with instructions to get the iron post or monument which had been sent to that place a year previous and haul it to the point southeast of Rulo and erect the same on a permanent foundation.

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DESCRIPTION OF THE MONUMENT.

The monument is of iron and was cast in the form of a pyramid, meas- uring fourteen inches square at the base and eight inches at the top and is seven feet long. It bears on its sides in raised letters the following words and figures : On the north side the word, "Nebraska," and on the opposite, or south side, the word, "Kansas," and on the west, "40° in latitude," and on the east, "1854," which represented the year the monument was erected. The words Kansas and Nebraska run perpendicular with the post, while the figures of the date are horizontal.

This party arrived at St. Joseph and after loading the monument in a wagon, hauled it north to a point on the Missouri side of the river opposite from the point where it was to be erected.

There were no ferries in operation in this vicinity at that time and they must depend upon other means of conveying it to the western shore. An Indian was found, who owned a canoe and he agreed to take them over. His boat was small and he could take but eight men on each of the three trips. On the third trip the monument was loaded in for passage and its weight, together with that of the men, really overloaded the light bark. The Indian, however, was skilled in the use of his oars and while the top of the boat barely missed the water two inches and although the river was quite rough, yet he succeeded in landing them all safely on the Nebraska shore, but not before the men, some of whom could not swim and who were riding astride of the iron monument, had the scare of their lives, fearing death in the turbid and muddy water.

The monument was hauled up to the summit of the bluff and in due time placed on a firm foundation, where it remained through all the years until 1890, when David D. Reavis and Fred W. Miller, both of Falls City, who were employed in the work of making a resurvey of some lands on the Iowa Indian Reservation, found it lying upon the ground.

After the first party had completed the work of setting up the monu- ment, they were compelled to wait for some time pending further instruc- tions, which were not received until June, 1855. When these were received it was learned that they were to make corrections on the entire base line as far as it had been surveyed, which they proceeded to do.

Soon after the completion of the work of establishing correctly the base line, work was commenced on making surveys to the north in Richard- son county. The accurate survey and markings placed at section corners

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greatly facilitated the matter of describing the lands taken by settlers. The orders for the survey instructed that the land be surveyed in divisions or blocks, six miles square, to be designated a township, and the townships were divided into blocks one mile square and known as sections, containing six hundred and forty acres. The townships were numbered beginning at the northeast corner with number one; on running west six miles the last section on the west side was numbered six; the one immediately south being numbered seven, and thence eastward to number twelve, the one immediately below being thirteen; this sytem of numbering being continued as before described until number thirty-six was reached in the southeast corner of each township. The rows of townships from east to west are known as ranges. The townships run consecutively from a meridian and a base line, which were first run with great accuracy, at right angles to each other, forming a cross, the north and south line being a meridian, the east and west a base line. All lands east of the meridian line are described as range east : all lands west of the meridian are described as range west. All lands north of the base line are described as township north; all lands south of the base line are described as township south.

From the intersection of the meridian and base line begins a survey, and also the numbering of the various townships and ranges. Each six miles square is called a "congressional township," and are numbered from one up, thus, township number 1, 2, 3, etc., south of the base line, and 1, 2. 3. etc., north of the base line, and range 1, 2, 3, etc., east of the meridian, and range 1, 2, 3, etc., west of the meridian. Each township, or six miles square, has, therefore, two numbers on its face-a range number and a township number. Each of these townships is subdivided into thirty-six squares, called sections, and are, as nearly as may be, each one mile square.

These sections contain six hundred and forty acres of land, except the north and west sides of the township, which are always fractional, owing to the fact that it is impracticable to make a township precisely six miles square. The surveying of a township always began at the southwest corner of section thirty-six.

The state line between Kansas and Nebraska is the base line for all the surveys in these two states; hence the entire state of Nebraska is town- ship north, while the entire state of Kansas is township south. The meridian line for these two states is called the sixth principal meridian, and runs north from Oklahoma, passing a little east of Wellington, Sumner county, and a little west of Wichita, Sedgwick county, and on north through the

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state of Nebraska, to a point on the Missouri river opposite Yankton, South Dakota.

Each section in a township is divided into four equal parts, called quarter sections, the lines running north and south and east and west through the center of the section are called the one-half section line, and at their intersection, in the center of the section by a long-established custom the section number is placed. Each quarter section contains one hundred and sixty acres, except the following sections on the north and west sides of the township, viz: 1, 2, 3, 4, 5, 6, 7, 18, 19: 30, 31. The fractional lots of either more than or less than forty acres are usually numbered from I to 4. Very frequently they are not numbered at all, and never when the lot is a full forty-acre tract.

The work of the early surveyors, under the efficient service of Charles A. Manners, in establishing and correcting the base line, was completed for a distance of one hundred and eight miles by June, 1856. The work of carrying the line on west to the summit of the Rocky mountains was done later, being completed in 1859. In this work were employed at differ- ent times, Charles A. Manners, N. P. Cook, Jared Todd and William Withe- row, the latter being a resident of this county. Rulo township. located in the southeast corner of the county, was the first surveyed, the lines being run by Meriwether Thompson. in the month of September, 1855, the work of subdividing the township being done by Michael McManus, a resident of St. Stephens in this county, in June of the following year.

The work of surveying the county was completed, or practically so. by 1858, and Maj. W. H. Keeling, still a resident of the city, was among those employed in the work.

CHAPTER V.

ORGANIZATION OF RICHARDSON COUNTY.

Our county takes its name from that of William A. Richardson, who, holding a commission from President Buchanan as territorial governor, arrived in the state on January II, 1858. Richardson had been a member of Congress from his home state, Illinois, and with Stephen A. Douglas was largely identified with the struggles incident to the passage of the Kansas- Nebraska bill in 1854.

Governor Richardson was appointed to succeed Governor Izard and arrived at Omaha early in January, 1858, assuming his duties on January 12th. Upon his arrival here he found the Territorial Legislature torn by factional strife, engendered over a desire among some of the members who represented a constituency desiring the removal of the capitol from Omaha to some other place. Immediately upon his arrival he was confronted with a joint resolution presented to him by a committee from some seceding mem- bers who had met at Florence, a suburb of Omaha.

In the resolution it was pointed out that they had been forced to "Adjourn to the nearest place of safety, by the disorganizing and turbulent acts of a minority of their own body, aided by the violence of an unre- strained mob at Omaha, causing well-grounded apprehension as to the per- sonal safety of the majority and requesting His Excellency to communicate with the Legislature at this place at his earliest convenience."

The record shows that the new governor was not seriously impressed with the cause of the "seceders" and failed to officially recognize them as the "Legislature." He, however, importuned them to return to the capitol and guaranteed their personal safety, but the closing date for the session being near at hand, his friendly overtures were not accepted.

Later, a proclamation was issued by Governor Richardson on August 14, 1858, calling a special session of the Legislature and that body assembled at Omaha on September 21st of that year.

Governor Richardson held his office only until December 5. 1858, when he resigned and at once returned to his home state, Illinois, to assist his friend, Stephen A. Douglas, in his contest against Abraham Lincoln for the

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United States senatorship. It came to the knowledge of Richardson that the national administration was opposed to Douglas and this attitude on the part of the government displeased the governor, who cared no longer to hold an appointive position under it.

Richardson county is the southeast corner county of the state of Nebraska. It was one of the original eight counties organized in the territory. It is now bounded on the north by Nemaha county, on the west by Pawnee county, on the south by the line dividing the states of Nebraska and Kansas, and on the east by the Missouri river. Being one of the first counties organized in the state it has always been known and numbered as first in the districts, being from its earliest days the first representative dis- trict in the Legislature, and first state senatorial district and so numbered in the larger judicial and still larger congressional district.

ORGANIZATION.

As a county it was so ordered by proclamation made by Acting Gover- nor Cuming in 1854, which made its organization but temporary. The year following. in 1855, it was reorganized by act of the. Territorial Legislature.

FIRST ELECTION.

The first election was held in the county as then (in 1855) bounded. including part of Nemaha, Johnson, Pawnee and what is still included as Richardson. At this election but ten votes were cast. But two voting places were named in the governor's proclamation. at Level's cabin, north of pres- ent site of Falls City in the woods, and Christian Bobst's cabin, near Cincin- nati, in what is now Pawnee county. At this election the first representa- tives to the first Territorial Legislature to be held at Omaha City were chosen. J. L. Sharp for the council, or upper branch of that body, was not a resident of the county, but claimed as his home, Glenwood, Towa, and John A. Singleton, whose family had not yet crossed to this side of the river, was honored with election to the House.

FIRST COUNTY OFFICERS CHOSEN.

At the election the following were chosen as officers of the county : County judge, John C. Miller ; county clerk, F. L. Goldsberry; county treas- urer, Louis Mesplais. At this election Salem, Archer and Speiser were named as the polling places.

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INCORPORATION OF TOWN OF FALLS CITY.

From the Richardson county records appears the following report of a meeting of the county commissioners held at Salem, Nebraska, on May 17, 1858:

Salem, Richardson County, Nebraska.

Special Term of County Court. May 17th, 1858.

At a special meeting of the Board of County Commissioners of Rich- ardson county, Nebraska, Territory, began and held at their usual place of holding court in the town of Salem on Monday the 17th day of May, 1858. Present, Joseph Yount and Arnett Roberts, commissioners.

Now comes into open court, John A. Burbank, Isaac L. Hamby, J. Edward Burbank and others of the Town of Falls City in said county and file their petition to be incorporated under the name and style of the Town of Falls City. which petition reads in the following words :

Richardson County. Territory of Nebraska, ss.

To the Hon., the County Commissioners of the county of Richardson:

We, the undersigned petitioners, citizens of the aforesaid county in the Town of Falls City, would represent to your honorable body, the utility and public benefit of the incorporation of said town of Falls City, as located on the southeast quarter of section ten ( 10) and the northeast quarter of sec- tion fifteen (15) in township one (1) north of range No. sixteen (16) east, for which we pray for polity established for local government of the undersigned, for which we, your petitioners, will ever pray.

And further pray that John A. Burbank, Isaac L. Hamby and J. Edward Burbank. William W. Buchanan and Alexander Rickard be ap- pointed as officers for said incorporation.

(Signed) J. E. Burbank, Isaac L. Hamby, John A. Burbank, Alex- ander Rickard, William W. Buchanan and others.

It is therefore ordered and declared by the board that all the territory within the geographical limits of Falls City, together with all the addititon that may hereafter be made thereto according to law, be and the same is hereby declared to be a town by the name and style of Falls City. That said town is made a body corporate and politic and is vested with all the powers and attributes of a municipal corporation, under and by virtue of an act of the Territory of Nebraska approved, January 25, 1856.

And it is further ordered by the board that John A. Burbank. Isaac L.

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Hamby, J. Edward Burbank, Alexander Rickard and William W. Buchanan be and are hereby appointed as trustees for said town and they shall hold their offices until their successors are elected and qualified.

By order of the commissioneers, JAMES R. TRAMMELL., Clerk County Court. By CHARLES MCDONALD, Deputy.

ORIGINAL BOUNDARY OF RICHARDSON COUNTY.

Richardson was one of the eight original counties created by the first Territorial Legislature, which convened at Omaha on January 16, 1855, in pursuance of a proclamation issued by Acting Governor T. B. Cuming, designating that city as a meeting place. It is located in the southeast corner of the state, the line dividing the states of Kansas and Nebraska, or the fortieth parallel, being its south boundary. Its boundary was defined as follows :

"Began at the northwest corner of the half-breed tract; thence west- wardly along the south bank of the Little Nemaha river; thence westerly to a point sixty miles west of the Missouri; thence south to the fortieth parallel, the boundary of the territory; thence east along said boundary to the Mis- souri river, thence north along the Missouri and west ten miles to the south- east corner of the half-breed tract; thence northerly along the boundary of said tract to the place of beginning." .

THE HALF-BREED TRACT.

The necessity for the provision of some place to which the half-breeds, who were largely the progeny of French adventurers, trappers and traders, could be assigned, was plainly evident early in the last century. It required but little logic to show that the lawful son of a Frenchman could not be sub- ject to the laws governing Indians of full blood, or forcibly amalgamated with a tribe, nor could the half-Indain assume the full rights of his father. The half-breeds were a new element in Uncle Sam's cosmopolitan brood, and special measures were necessary to meet their case. Having decided on a modified form of reservation for this large class, it remained for the gov- ernment to select a fitting location for such a grant. It must be remembered that, at this time, all beyond the Missouri was "the wilderness". When, then, in 1839, the chiefs of the various tribes and the representatives of the government met at Prairie du Chien, Wisconsin, there was a vast amount

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of land which answered all the requirements of a good reserve, being watered and wooded, and abounding in game.

The treaty setting aside the lands for the half-breeds in Richardson and Nemaha counties was made between William Clark, superintendent of Indian affairs, and Willoughby Morgan, a colonel of the regular army, with deputies from the Sacs and Foxes, four bands of Siouxs, the Medawah- Kantons, Sissetongs, Wahpetons and Wahpacootah, the Omahas, Otoes and Missouris, on July 15, 1830. The provisions of the treaty read :

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History of Richardson County, Nebraska : its people, industries and institutions, Part 12

Author: Edwards, Lewis C Publication date: 1917 Publisher: Indianapolis : B.F. Bowen Number of Pages: 1742

Author: Edwards, Lewis C
Publication date: 1917
Publisher: Indianapolis : B.F. Bowen
Number of Pages: 1742