Andreas, A. T. History of the state of Kansas (Supplementary History and Description of its Counties Cities Towns and Villages)

(Chicago :  A.T. Andreas,  1883.)

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DOUGLAS   COUNTY.
 

309
 

on the present site of Vinland, Jacob Branson, Charles W. Dow, Frank¬
lin N. Coleman, George Cutler, F. B. Varnum, William White, Josiah
Hargus and Harrison W. Buckley ,took claims during the year, and a lit¬
tle further south, at Baldwin City, was Robert and Richard Pierson, Jacob
Cantrol and L. F. Green. Douglas, two miles southeast of Lecompton,
was laid out on the claim of Paris Ellison, G. W. Clarke and others being
associated with him as town proprietor ; and, late in the year, William
Harper and John Chamberlain settled at the forks of the California road,
at Big Springs.

The account of the arrival of the Eastern emigrants and the settle¬
ment of Lawrence is given in detail in the sketch of that city.

SQUATTER ASSOCIATIONS.

The early settlers, or "squatters," as they were called, that came into
the Territory and selected claims, after the passage of the Nebraska bill,
so far as possible, before the ratification of the treaties with the Indians
throwing the land open to settlement, secured them by occupying or mak¬
ing improvements upon them. To still further protect themselves, asso¬
ciations were formed for mutual protection and support. In what was af¬
terward Douglas County, two of these associations were organizediefore
the flrst New England party arrived in the Territory. A call was issued
for a meeting of the settlers at Blue Jacket's store on the Wakarusa, on
July 8, 1854. The Free State settlers, understanding this to be a meeting
of those friendly to making Kansas a Free State, attended the meeting so
far as possible, but found it to be a meeting of squatters and claimants to
adopt rules and regulations in regard to claims. A number of those pres¬
ent were strong Pro-slavery men, and desired to introduce resolutions
against emigrants opposed to the institution, but the Frcc-soil element was
too strong, and the difficulty was smoothed over by a compromise resolu¬
tion to the effect that any person had a right to bring his property into the
Territory, of whatever kind it might be ; and that when the Territory
should have a population sufficient to form a State, the question of slavery
could be settled by, the will of the majority. The author of the resolu¬
tion, a young Pro-slavery lawyer, then made a speech welcoming men of
all classes into the Territory, and expressing his willingness to leave the
future character of the State to the decision of the people. One of the
more rabid Pro-slavery men present dissented from the resolution and speech,
declaring his determination to fight to the last against Eastern men, and
the Massachusetts Emigrant Movement in particular. Richard Menden-
hall, the honored{teacher at the Quaker Mission, was present at the meet¬
ing, and wrote the account from which these facts are taken. This was
the formation of the Wakarusa Association, which was organized with a
corps of officers, and had its own rules and regulations. Another associa¬
tion was formed called the " Actual Settlers' Association," composed, as
the name indicates, of those who actually dwelt on their claims.

Of this John A. Wakefleld was President, and S. N. Wood, Register.
As settlers came into the Territory, they joined either association, accord¬
ing to their preference. On the 12th of August, a meeting of the settlers
was called, to meet at the house of Bricc W. Miller, at "Miller's Sjiring," or
Millersburg. This was an important meeting. The "Yankees " had now
come into "Wakarusa," and it was necessary that rules and regulations
should be made at once to suit the exigencies of the case. So, .although
the call was for a meeting of "The Actual Settlers'Association, " and al¬
though it was well known that a clause in the constitution of that society
declared that "none but actual settlers should vote at its meetings," still in
spite of this, or, perhaps, becauM of this, the members of the other asso¬
ciation were on the ground in full force. Settlers and claimants came in
from all directions—some from a distance of forty or fifty miles—on
mules, on horseback, in vehicles of all descriptions, bringing provisions
and plenty of whisky, and camping around in the vicinity of the house
until the time appointed tor the meeting. The following account of the
meeting was written by one present, and published in the Boston Common¬
wealth of August 28, 1854.* 'The letter is dated Kansas Territory, Monday
August 14, 1854, and is as follows :

According to previous notice, the .Vctual Settlers' .VsNuciation of Kau^as Territory met
at the house of Mr. Miller, at Millersburg, in said Territory, .\uuust 12, 1854. The meeting
was called to order by John .\. Wakefield, Vlst^., President o*l tlie .Vssociation, who also stated
the object of the incetiiig to be a mutual conlerence of the actual settlers of Kansas Terri¬
tory. Some confusion here ensued, as a majority of those present were from Missouri—not
actual settlers in the Territory, but claimed a right to vote as members of another associa¬
tion, and as intended settlers of this Territory, having .staked out claims.

Mr. Dunham, of Missouri, ni;ith' a long speech in favor (as he said) of the right of Mis-
souri.ans to make laws for the government of Kansas, on the ground that it was their inten¬
tion to .settle here at some future time. Mr. William Lynn, of this Territory, replied, and
much sparring here ensued between difl'erent parlies. .Sus|iicious-looking bottles occupied
a conspicuous position before the meeting. The contents were freely imbibed by the gen¬
tlemen from Missouri, seeming to pniduce on their side of the house a disposition to blow off'
a certain amount of bombast, with the innocent intention, no doubt, of frightening this
meeting into the belief that Kansas was, and actually is, within the bouoiKiries of the State
of Missouri. Failing in this, they manifested a disposition to comproiiiiso thcoa.se, the bone
of contention being a prnvisum in the constitution or by-laws of the .Vctual Settlers' .Asso¬
ciation "that none out actual srttlei*s should be allowed to vote at the iiieotings of the asso¬
ciation."

H. D. Woodworth, ICsq.. of .Vew Orleans, came forward and asked the privilege "as a
stranger and looker-on in Venice," to throw in the "calumet of peace." He prnposeil the
appointment of a Coniuiittee of t'onference from each .Association, to retire and agree upon
a plan of union. Mr. (,'ameron, of Kansas, here announced that the Wakaursa .Vs-oeiation
had appointi'd Messrs. Dunham, Lykins and Hayes, such a committee on the part of their
a.ssociation. The rrcsideui appointed Dr. ,Tohu Doy, Messrs. William Lvon ami .\ If. Mal-
lory ns a Coiniuittce for the .Actual Settlers'Association, and the committee were directed
to retire and report forthwith On motion of Mr. S. N. Wood, the meeting took a recess of
half an hour. At the expiration of that time, the associations were again called to order l>y
the Presiilinl, both ius.sociations appearing and acting together. The Conference i ommittee
then caiue forward and made a rejiort lin which a majority agreed) which was adopted as
follows:

* W. H. T. Wakefield writes concerning this letter: " I was one of the secretaries and still
have the original manuscripts. There are many errors in above, but none of great importance.
The inseting hsld at Miller's Spring, one mile from Lawrence, waa on August 26, 1S.''>4 ; the first
and only one held except a small preliminary meeting, one week previous, at which nothing was
iloDo but to call this meeling." Mr. Wskefleld is a son of Judge Wakefleld, and a witnoM enti¬
tled to f^ill credence; yet his recollection renders the above account anachronlstii- The letter
appeared Id the BoHon CtomriotiwniM August 2S, and was dated, Kansas Terrilorj, AUKUst U.
—Kb.
 

Wherkas, The laws of the Tnited .'States confer upiu] . jli/ens the- privilege of settling
and holding lands by pre-emption rights; and, whereas, the K.insa.s X'aljey, in part, is now
open for the location of such claims; and, whereas, we, the peojilc of this eonveiili'iu, have,
and are about to .select homes in this valley, and in order to protect the public gi»Hl, and to
secure equal justice to all, we solemnly agree and hind ourselves to be governed by the fol¬
lowing ordinances;

1.    We recognize the right of every citi/en of the United Stales, of lawful age. or who
may be the he.ad of a family, to select, mark and claim, 20" acres of land, viz.: liio acres of
prairie, .and forty acres of timber land, and who shall within sixty days after the treaty is
ratified, proceed to erect thereon a cabin, or such other improvements as he may deem best,
and shall, within sixty days after the ratification of the treaties, enter thereon :ls a resi¬
dent.

2.    A claim thus marked and registered, shall be good sixty days from the ratification
of the treaty, at which time the claimant, it the head of a f.amUy, shall move up"u and make
his home on either the prairie or timber claim, which shall make them both good, and shall
be regarded .so by the settlers. Single persons or females making claims sbalfhe entitled to
hold them by becoming residents of the Territory, whether upon their claims or otherwise.
Any person making a claim as above shall be entitled to a day additional for every five
miles they have to travel to reach their families.

3.    No person shall hold more than one claim, directly or indirectly.

4.    No one shall be allowed to enter upon any previously made or marked claim.

5.    All persons failing to commence improving or entering thereupon within the time
specified, shall forfeit the same, and it shall be lawful for any otner citizen to enter thereon.

6.    Each claimant shall, at all reasonable times, hold himself in readiness to point out
the extent of his claim to any person who may wish to ascertain the fact.

7.    It shall be the duty of the register to put every applicant upon proof, oath, or affir¬
mation, that the claim offered for registry is free from the claim of any ether person.

s.   Every application for registry shall be m.ode in the following form, viz.:   "I apply

for certificate of registry for claim selected and marked, on this------day of------, ls.">4, lying

and being in------, containing 160 acres of prairie and forty acres of timber land, and declare

upon honor that said claim was selected and marked on the---------of---------, and that I am

claiming but theene in my own right, and that it was not claimed or selected by any other
person.' To be signed by the applicant. Any person failing to make this certificate shall
not be entitled to register.

9.    We agree, upon the survey of the Territory, to mutually deed and re-deed to each
other, so as to leave as near as possible as claimed.

10.    The officers of this association shall be, oue Chief Justice, one Itegister, one .M.ir-'
shal and one Treasurer.

11.    The duty of the Chief Justice shall be to try and decide all disputes between set¬
tlers in reference to claims or otherwise, and to try all criminals or persons guilty of the
violation of the laws of the Territory. The said ( hief Justice shall always take justice be¬
tween man and man as his guide; and upon the demand of either party shall summon a jury
of six persons to try all disputes or violations of Law, the jury to be selected as follows, viz.;
The Chief .lustice to write down the names of I'ighteen persons, and each party to mark al¬
ternately until six names only are leftj the defendant marking first. The t 'hiel Justice shall
also act as President of all meetings ol the association, and in his absence a President pro
tem. shall be appointed.

12.    The duty of the Register shall be to register all claims and other necessary matter,
act as Secretary of all meetings of the a.ssociation, and to ael as < 'liief Justice in his absence,
or where he may be a party Interested.

13.    The Marshal shall execute all decisions of the ('liicf Justiccor .furies, and shall see
that the laws of the association arc executed, and shall have power, if nccess.iry, to call upon
all members of this association to assist in executing the same.

14.    The limits of this association sh.tll he the waters of the Wakarusa and Kansas
Rivers, and the Territory between the same, froni the mouth of the Wakarusa up In the
Shawnee purchase.

1-1. It shall be the duty of the Marshal, on the complaint of any citi/en, by himself or
Meputy, to summons and bring before the Cliief Justice the parties for trial.

lit. The officers of this association shall receive a suitable compensation for their serv¬
ices, which sum shall be decided by the association.

17. A Treasurer shall be appoiuted by the association, who shall give approved security
for the faithful disbursement of^all moneys that shall be received into the treasury.

Is. The Treasurer shall be authori/ed to pay all drafts for the expenses of the associa¬
tion when presented to him, signed by the President and Secretary.

19.    The officers shall tie elected by the association, .ind, by a majority vote of the same,
removed.

20.    (ifficers of the association shall lie residents of Kansas 'I'errit.iry.

21.    The Ooon River, IKa^wrtwff, and all ether associatinns are ilissolveil from Ibis date.

Dr. John Doy and Mr. William Lyon also miule a minority report, in favor of an addi¬
tional article, confining voting to actual settlers. .\ motion was made and carried, that both
reports be received, and the committee discharged. Mr. Wood thou remarked that he was
in favor of harmony and wanted to be on both sides, and moved the adoption of both reports,
which motion was unanimously carried, and the reports adopted.

On motion of Mr. Dunham, the association then assumed the name of " The Mutual
Settlers'Association of Kansas Territory." The a.ssociation then preeecded to the election
of permanent officers, with this result: chief Justice, John .V. Wakefield; Itegiste-r, J. W.
Hayes; ^tarshal, William H. R. Lykins; Treasurer, William Lyon.

tin motion of Dr. Doy, the money in the treasury of the .\ctual Settlers' .Association, was
ordered to be paid to S. N. Wood for his services iis Register.

On motion of H. Cameron, I-^sq., the a.s.soci.ation .adjourned sine die.

The result of this meeting, as i.s seen, was a fusion of the two conflict
iug elements for purposes of mutual benefit. It broke up with the best
possible feeling on both sides, each party asserting and litilf believing that
they had gained a glorious victory, and yet, not quite sure but they might
have been outwitted after all. Thtit the Missouriaii.'s were .soniewliat
alarmed at the situation is evident from the fact thtit a meeting was ctilled
at Westport the following Saturday night (August 19), which was addressed
by the same gentlemen who were the leaders at Millersburg (Messrs. Dun¬
ham and Woodworth). The object of this meetini; wtis stated to be :
"To protect this frontier from the threatened invasion of the 'iiionecrs'
that have arrived and are still tirriving through the agency of this Emi¬
grant Aid Association, organized by the Abolition fanatics." etc Messrs
Dunham and Woodworth both made speeches tlrging upon tlie citizens of
Missouri the necessity of immediate action for the protection of their
homes and property, and picturing' in vivid colors the daiiLrers that threat¬
ened their beloved "institution." Mr. AVoodworib "trusted that the cit¬
izens of Missouri, true to their early zeal for the institutions they had in¬
herited, and the love and sanctity of their homes, would not supinely rest
as they saw thise institutions threatened, and their homes endangered by
a society of members so brazen as to seek to shield their inir(uity by a
' higher law ' than overshadows the endiarments of that enchanting word.
Home." His flowery speech bad the desired effect, as through the re
marks at this meeting, a "sentiment was awakened' in Westport, and
"the people tiroused to a sense of their ihinger."

I.NCIDEVrS OK  PIONEER LIFE.

The first Eastern correspondent was S X Wood, who wrote to the
yational Era from Independence. Mo., June -Ml ls.")| "V dozen Fne
soil families have commeueed a settlement on Kansas Kiver. and a meeliiii:
of those friendly to making Kansas a Free Siati- is eulled forJulv "^ " <>n
the -7th of June, he writes . " We arrived here about a week ago for the
purpose of settling in Kansas, and eoiitrilmting our luiti  to prevent slnv
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