Chapter Six

CLAIM ASSOCIATIONS-THEIR LAWS-THE MAJORS CASE.

The earliest claims of the land west of the Mississippi river were made by the fearless pioneer, farmers, or squatters. They had no titles or patents to the soil they occupied, no legal rights, and hence no protection by the United States Government. In many cases they were there because they had dared to violate an act of Congress prohibiting settlers from trespassing on the public domain. Even for many years after the lands were open for settlement the pioneers were a law unto themselves. Because of this condition there developed a system of popular government peculiar to the frontier communities of the west. It was known as the Claim Association, or Land Club. Each community had its own land association, the object of which was the protection of the actual settlers in their rights against speculators and "land grabbers." Cases of dispute arising between members of an association were settled by a Claim Committee and from their decision there was no appeal. The laws of these associations were the outgrowth of the strongest sense of justice and equity in the community and an intentional violation of these laws was punished by the strongest public condemnation. Sometimes tar and feathers and the lash were resorted to in order to emphasize the chastisement. The number of acres of land allowed to anyone settler varied in the different communities from one hundred and sixty to four hundred and eighty acres. Boundaries to these claims were designated by section, and the township line if the Government survey had been completed, otherwise, by stakes, blazed trees, streams, hills and rocks.

The settlers continued to improve these claims until the date set by the government for the sale of the land. In the meantime all claims were recorded and marked off on a map of the township. On the day of sale this map was placed in the hands of a "bidder" chosen by the association for the entire community. A. S. Nichols was the bidder for the Oskaloosa community. As the auctioneer called the claims of the members of the association he would bid one dollar and twenty-five cents per acre which was the minimum price. As no one dared to bid against an original claimant, the land was invariably bought at that price. If an outsider was courageous enough to put in a counter bid he was roughly handled at once and compelled to withdraw his bid or risk his life in the hands of the members of the claim association, who were all there ready to deal swift retribution to the intrilder on their frontier rights. At home as well as at the public sale, no one ventured to raise their voice against the law of the claim association. It was the best protection the country afforded and the supreme rule of the community for which it was created. Newcomers were practically compelled to respect its regulations. Robert Lucas, Iowa's first governor; subscribed to the constitution of such an organization in Johnson county, where he had purchased a claim.

Mahaska county had several of these pioneer organizations and they were thoroughly effective in always bringing equity and justice to the bona fide settler.

A distinguished citizen, who ,vas one of the pioneers of that period, sald in later years: "The law never did and never will protect the people in all their rights so fully as the early settlers protected themselves by their claim organizations. "

We are told that these claim laws had their origin in Jefferson county. Although they were not legally enacted, they were in a certain sense sanctioned by the territorial legislature, in 1839. They were "founded upon the theory that a majority of the people had the right to protect their property by agreeing to such regulations as they deemed necessary to accomplish that object."

The officers consisted of a president, vice president, a recorder of claims, seven judges whose duty it was to adjust all boundaries in dispute and two marshals. One of the judges: was an officer who was authorized to administer oaths. Each member of the association was, required to make fifty dollars worth of improvements on his claim within six months after filing it, and improvements to the value of that amount each six months thereafter.

In those frontier days courts were many miles away, sometimes fifty or more miles from the place of dispute. With the embarassing methods of travel, causing long delays, the claim associations were almost a necessity.

The following well worded document, which forms the basis of these settlers clubs, will doubtless be of interest to this more favored generation:
"Whereas, it has become a custom in the western states, as soon as the Indian title to the· public lands has been extinguished by the general government for the citizens of the United States to settle on and improve said lands, and heretofore the improvement and claims of the settlers to· the extent of three hundred and twenty acres has been respected both by the citizens and laws of Iowa.
"Resolved, That we will protect all citizens on the public lands in the peaceable possession of their claims to the extent of three hundred and twenty acres for two years after the land sales and longer if necessary.
"Resolved, That if any person or persons· shall enter the claim of any settler that he or they shall immediately deed it back again to· said settler and wait three years without interest.
"Resolved, That if he refuse to comply with the above requisition, he shall be subject to, such punishment as the settlers see fit to inflict.
"Resolved, That we will remove any person or persons who may enter the claim of any settler and settle upon it, peaceably, if we can, forcibly if we must, even if their removal should lead to bloodshed, being compelled to do so for our own common safety, that we may not be driven 'by ruthless speculators from om firesides and homes.
"Resolved, That a committee of five be appointed to settle all difficulties that may arise.
"Resolved, That any settler who may have signed these by-laws, and refuses to do service when called upon by the proper officer, and without reasonable excuse. shall be fined the sum of ten dollars to be divided among those who may have rendered the service necessary."

These resolutions sound like business, and in quite a number of cases in this county, the associations had some interesting business on their hands. A speculator from Iowa City who had entered and purchased a claim of a settler in the eastern part of the county, was visited by a committee of five members and when he showed no disposition to deed back the land, was brought to Mahaska county. On his steadily refusing to obey the laws of the claim association. he was taken to the Skunk river, bound and tied to prevent his swimming and thrown into the water with a rope attached to his body. This was repeated three times. being allowed to remain under water a little longer each time. On being informed that if another plunge was needed it would be the last one, he concluded to give up the land and stay a while longer. He complied with by-law Number Two and received back the amount he had paid for the claim, less the expenses made necessary in adjudicating the case and the liquor which had been consumed by the crowd during the chastisement.

The action of the club "was often necessary in settling disputes of greater or less magnitude between claimants.

The case which became most noted in this county "was that of Jacob H. Majors, who settled in Scott township in 1844. A widowed mother, several brothers and two sisters had all settled and entered land in that community. It was afterward called the Majors Settlement.

After Mr. Majors had entered land for himself and his friends at the land sales in 1848, he also entered claims belonging to John Gillaspy. Jacob Miller and Peter Palsons. He claimed he did not know he was entering someone else's land but after making the discovery he failed to restore it to the proper owners.

A meeting of the club was called and his action denounced. Majors was inflexible. A delegation, including the neighboring clubs, visited the Majors home and found him in Oskaloosa. Messengers were sent after him but he declined to return. A crowd staid around the home until the next morning, when some of his outbuildings were burned and a number of hogs killed. On hearing of the destruction of his property, Majors agreed to make restitution, but in a few days changed his mind and determined to prosecute the leaders of the mob and vigorously began by securing warrants for their arrest. The general public sentiment was against him and he made no headway in his prosecutions. Peter Parsons had been arrested and his trial was set for Monday morning. Sentiment warmed into indignation, and a mass meeting was called at Durham's Ford on Sunday morning previous to the trial of Parsons. Some five hundred men gathered there and remained until Monday morning, when they hoisted the flag and led by martial music, this young army took up its march to Oskaloosa. armed with such equipments as the country afforded, and including members of the clubs from Marion and Jasper counties. The main body were on horse back, but the excitement and interest was widely spread. and a goodly number were on foot. They were met out on the Pella road by a delegation of Oskaloosa citizens, and halted for a parley, but could not be persuaded to disband.

Coming on into the town they stacked their arms under guard and formed in military order in the public square. Parsons was released and his trial postponed without date: A public meeting was called and the forenoon was spent in discussing the situation from both sides. Majors had been secreted in a room on the south side of the square, but within hearing distance of the speakers. We are told that Judge Seevers made a proposition that if the company would disband that Majors would be required to deed back the land to the rightful owners. To this the army consented and Van Delashmutt became security for the fulfillment of that promise. The crovvd returned home and Majors made the deeds.

In the face of all this widespreadindignation the incorrigible Majors began again to prosecute his. neighbors who had been so active against him. Although he carried his gun wherever he went, by a well laid plan the club committee over-powered him, bound him and took him to Knoxville, where he was treated to a double coat of tar and feathers. The prosecution on both sides was kept up until Majors abandoned the contest, sold his realty in Scott township and moved, into Missouri.

It perhaps should be stated here that the Majors family were highly esteemed and their old neighbors always speak of them as industrious and friendly people. The gentleman simply made the mistake of his life in resisting the just claims of the claim association.