Anderson County KS Archives History - Books .....Chapter VII 1877 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ks/ksfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@gmail.com August 4, 2005, 11:39 pm Book Title: THE HISTORY OF ANDERSON COUNTY, FROM ITS FIRST SETTLEMENT TO THE FOURTH OF JULY, 1876. CHAPTER VII. Mass Meeting at Hyatt—First Meeting in Garnett—County Officers Appointed—Election of Delegates to Lecompton Constitutional Convention— Free State Convention at Sac and Fox Agency— Celebration of 4th of July at Greeley—Dividing County into Municipal Townships—Free State Conventions at Simons' and Hyatt—First Election for County Officers— Vote of all the Precincts, except Shannon, thrown out by Probate Judge—Letter Giving Reason for Same—Free State Convention at Grasshopper Falls—Sickness in the fall of 1857. IN May, 1857, a mass meeting was held at Hyatt. D. B. Jackman was elected president, and C. J. Farley, secretary. The object of the meeting was to discuss the question of electing delegates to the Lecompton convention, to frame a State constitution. W. F. M. Arny, William Spriggs, D. B. Jackman and some others of the more radical Free State men took strong ground against going into an election or doing any act that would recognize the organization of the county under the bogus laws. Dr. J. G. Blunt, Dr. Rufus Gilpatrick, James Hanway and some others took a more conservative view, and were in favor of electing delegates and county officers, believing the Free State men to be in the majority; but the majority of the meeting was opposed to the proposition, and passed resolutions against going into an election. On the 18th of May, 1857, a mass meeting was held on the townsite of Garnett, at the store of Dr. P. Bowen. The meeting had been called by Capt. Samuel Anderson and others, for the purpose of considering the subject of electing county officers at the following October election. The meeting elected James Hanway as president, and B. F. Ridgeway, secretary. Speeches were made by Drs. Gilpatrick, Blunt and Lindsay, and Capt. Anderson and James Hanway, all favoring an election. The meeting passed resolutions that it was advisable to elect county officers at the October election. This was the first meeting held on the townsite of Garnett, and perhaps the most harmonious meeting ever held in the county. In May, 1857, Thomas Hill was commissioned, by the Governor, sheriff of Anderson county. He qualified and entered on the duties of his office, and continued so to act until after the October election in the same year. He was appointed to fill the vacancy caused by the removal of David McCammon from the Territory. Hill was not a resident of the county, but lived in Franklin county all the time that he acted as sheriff. In the early settlement of the Territory it was the general understanding of the settlers that the northern boundary of the county was three miles further north than it proved to be when surveyed and established. At the time of the organization of the county the government survey had not been made. May 25, 1857, John McDaniel and Darius Frankenberger were appointed county commissioners, to fill the vacancies caused by the removal of Francis Myer and J. S. Waitman from the Territory, and they qualified on the same day, and on the same day Capt. Samuel Anderson was appointed as justice of the peace. The county commissioners, on the 2Oth of July, established three voting precincts, and appointed judges of election for each precinct. First precinct, Greeley; Samuel Mack, W. C. McDow and J. H. Wolken, judges for the October election. Second precinct, Shannon; Benjamin Davis, Wilson Anderson and John Barker, judges. Third precinct, at Benjamin L. Adington's, on North Pottowatomie; Benj. L. Adington, Rezin Porter and Christian Feuerborn, judges. The election for delegates to a convention to frame a State constitution, commonly known as the Lecompton constitutional convention, was held on the 15th day of June, 1857; and at this election Dr. Rufus Gilpatrick and J. Y. Campbell received 32 votes each in this county, and both were elected as delegates. This was the first election held in the county. Gilpatrick and Campbell both went to the convention at Lecompton, and on the 10th day of August the convention passed a resolution declaring both entitled to seats; but neither of them qualified or took a seat in the convention. On the 2Oth of July A. Simons was appointed county clerk, and Samuel Anderson, probate judge. On the first day of August Henry Williams was appointed justice of the peace. On the 10th day of September, 1857, a Free State convention was held at the Sac and Fox Agency, for the nomination of candidates to the Territorial Legislature from the nineteen disfranchised counties, and it nominated, as such candidates, Samuel J. Stewart, Christopher Columbia and John Curtis. On the Fourth of July, 1857, a celebration was held in the grove north of Greeley, where C. E. Dewey, J. Y. Campbell and others delivered orations, and patriotic songs and toasts by the patriotic people, appropriately commemorated freedom's birth. It was a season of refreshment, where all the hardships of 1776, as well as those of their own days in the Territory, were rehearsed. Many of them had passed through trying scenes and struggles to provide homes for themselves and families. A stream of emigration from the north had begun to flow into the Territory, which brightened their hopes and kindled the anticipation that their success was near at hand. June 1, 1857, George Wilson was commissioned notary public, and qualified before Judge Cato, at Lecompton. February 16, John Anderson was commissioned constable. September 21, a voting precinct was established at Hyatt, and Isaac Pilcher, B. D. Benedict and A. McArthur were appointed judges; also, a precinct was established at Cresco, and C. H. James, Daniel Long and John Eaton were appointed as judges for the October election. October 7, 1857, the board of county commissioners divided the county into municipal townships, and established their boundaries, and named them as follows: Walker, Monroe, Jackson, Reeder, Madison, Washington, Geary, Harrison, Clay and Franklin. The townships of Madison, Geary, Clay and Franklin were never organized, and the territory embraced in their limits has since been included in other townships. November 25, 1857, B. F. Ridgeway was appointed county surveyor, by the board of county commissioners. November 16, M. T. Williams was appointed county clerk by the board of county commissioners. A mass meeting of the citizens of Anderson county was held in the timber near the residence of A. Simons, on the 15th of August, 1857. Wm. Puett was elected chairman, and J. G. Reese, secretary. The meeting was addressed by Dr. J. G. Blunt, who stated the object of the meeting; also, W. F. M. Arny, Dr. Rufus Gilpatrick, D. B. Jackman and William Spriggs made addresses. A committee of nine was appointed to report candidates for county offices; also, for representatives to the Territorial Legislature, on motion of Dr. Gilpatrick; and on the adoption of this motion, Judge Arny and others withdrew from the meeting a short distance, across a ravine, and organized another meeting. Arny and his friends were opposed to the meeting doing any act that would recognize the bogus laws, or yield obedience thereto. The committee reported the names for candidates, as follows: Samuel Anderson, for probate judge; G. A. Cook, for sheriff: James Fitten, for coroner; A. Simons, for clerk; Isaac Hiner, for treasurer; William Puett, for assessor; B. F. Ridgeway, for surveyor; for justices of the peace, James Sutton, Samuel Mack, William Smith and Rezin Porter; for constables, John Anderson, Oliver Rand, William H. Ambrose and Benjamin Clark. The following persons were chosen delegates to the district convention, to be held at the house of Mr. Grant: James Hanway, James Snodgrass, W. O. Cloud, Samuel Anderson, Dr. Thos. Lindsay, Isaac Hiner, John B. Stitt, Darius Frankenberger and W. L. Webster. John B. Stitt was nominated as a candidate for representative to the Territorial Legislature. The following gentlemen were appointed to confer with other county delegations of this district, in regard to the nomination of candidates for representatives: Samuel Anderson, Dr. Lindsay, D. Frankenberger, John Pryor and G. A. Cook. Arny and his friends organized their meeting by electing Isaac Hull, chairman, and S. P. Hand, secretary, when speeches were made by Arny, D. B. Jackman and Wm. Spriggs against going into an election under the bogus laws. The meeting adopted a long series of resolutions, among which were the following: "Resolved, That we will use all legal means to resist every attempt to force upon us a Territorial government, and taxation to sustain such government, which is in violation of the constitution of the United States and the organic act: therefore, "Resolved, That we will use all legal means to resist every attempt to force upon us a Territorial government, and taxation to sustain such government, which is in violation both of the constitution of the United States and: the organic act of the Territory." Then follow several resolutions, censuring the Territorial Legislature, at its previous session, for locating the county seat and providing for the erection of county buildings, without first submitting the matter to a vote of the people; and declaring that the meeting repudiated such acts, as tending to the disturbance of the peace of the county, as follows: "Whereas, The new apportionment and attempt under it to disfranchise nineteen counties (of which we are one), gives us .just reason to believe the future will be, as the past, which has been marked by injustice, and a determination on the part of those who profess to act under the so-called Territorial laws, to deprive us of a full and fair representation; therefore, "Resolved, That a committee of five persons be appointed by the chairman, to obtain an expression of the citizens of that portion of Kansas, and to obtain, if deemed practical, a nomination of a person to fully represent the nineteen disfranchised counties in the Territorial Legislature." The chairman appointed on this committee, D. B. Jackman, Richard Mills, Solomon Kauffman, J. A. Harvey and B. L. Adington. On the 25th of August, 1857, the following request for a Free State convention was issued in Anderson county: "At a mass convention of the Free State party of Anderson county, the undersigned were chosen a committee to confer with the citizens of the other counties comprising the Tenth council district, to take such steps as may be necessary for the holding of a convention for deliberation and council. The apportionment, as made, is not to be changed. We are associated with Linn. Lykins and Franklin counties, together with a large portion of Southern Kansas. No district committee, regularly elected, is authorized to call a convention. By the express wish of the people, in convention assembled, we assume the responsibility. We ask you to waive all seeming irregularity in our call, and to meet in Osawatomie on Monday, September 15, at ten o'clock a. in., for the purpose of nominating a suitable person to represent the Tenth district in the next Territorial Legislature, if the best interests of the party require; also to transact such other business as the committee may deem necessary. "DAVID B. JACKMAN, "RICHARD. MILLS, "J. A. HARVEY, "SOLOMON KAUFFMAN, "B. L. ADINGTON, "County Committee." On the 15th day of September, 1857, a Free State convention was held at Hyatt, for the nomination of candidates for county officers. Isaac Hull was elected president, and S. W. Kilbourne, secretary. W. F. M. Arny addressed the meeting, and the following nominations were made: For probate judge, Solomon Kauffman; county commissioners, James C. Hauser and Ephraim Coy; county clerk, C. J. Farley: sheriff, C. E. Dewey; treasurer, William G. Nichols; surveyor, B. F. Ridgeway; coroner, Dr. Kerr; assessor, Jeremiah Brown; justices of the peace, D. B. Jackman, Greeley; Dr. Thos. Lindsay, Garnett; B. L. Adington, North Pottowatomie, and R. D. Chase, Cresco; constables, Samuel Kilbourne, Jesse McDaniel, A. D. Jones and Jacob R. Shields. The following resolutions were passed by the convention: "Whereas, The example of our forefathers has taught us to resist every attempt which may be made to disfranchise us as citizens; and whereas, the system of districting and apportionment for members to the Territorial Legislature of Kansas shows an unquestionable determination to deprive us of our rights as citizens, in that it provides no representation in either branch of the Legislature for nineteen counties, including nearly half the population of the Territory, thus placing us in the position of the patriots of the revolution who were taxed and refused representation; and whereas, the course pursued by the constitutional convention at its session at Lecompton last week, in regard to the members elect to represent this county in that convention indicates that we are not to be allowed a representative in that body, or a voice in regard to its action: therefore, "Resolved, That we, the citizens of Anderson county, approve the course pursued by the two delegates from our county in their demand for the return of their certificates from the constitutional convention, which we consider to be a denial of our right to be represented, and illegal, on the grounds that this and other counties are not represented. "Resolved, That we will make one more effort to be represented in the Territorial Legislature, in proportion to our population. "Resolved, That John McDaniel, of South Pottowatomie, and J. B. Stitt, of Greeley, be candidates, as regular delegates, in the Territorial Legislature." On the 5th day of October, 1857, the first election was held in the county for county officers. Only four precincts made returns of this election to the county commissioners. The following is the vote had at this election: CANDIDATES. Cre'o Adl'n Hyatt Sha'n Total Delegate to Congress — M. J. Parrott, 36 32 60 66 194 E. Ransom, 1 1 2 Councilman — H. B. Standiford. 36 32 60 67 195 Representatives — John Curtis, 36 32 60 66 194 Samuel Stewart 36 32 60 66 194 C. Columbia, 36 32 60 65 193 John McDaniel, 36 3 54 13 106 John B. Stitt, 36 3 53 11 103 Probate Judge — Solomon Kauffman, 34 23 60 14 131 S. Anderson, 2 2 9 51 64 County Commissioners— James H. Hauser. 36 22 60 14 132 Ephraim Coy, 36 20 50 13 119 D. Frankenberger, 11 57 68 John McDaniel. 10 54 64 Sheriff— C. E. Dewey, 36 21 57 12 126 G. A. Cook, 10 54 64 County Treasurer W. G. Nichols. 36 19 58 10 123 T. Fitten, 10 10 Isaac Hiner, 56 56 Recorder — C. J. Farley, 36 21 59 12 128 A. Simons. 10 54 64 Surveyor — B. F, Ridgeway, 36 21 58 6 121 Justices of the Peace — D. B. Jackman, 56 12 22 90 T. Lindsay, 55 1 21 77 H. Williams. 54 64 21 139 B. L. Adington, 52 64 31 147 R. D. Chase, 55 64 22 141 James Sutton, 10 55 65 Samuel Mack, 10 54 64 W. Smith, 10 64 74 The "Herald of Freedom," speaking of the October election, 1857, in Anderson county, says: "Adington, 30 to 0; Cresco, 35 to 1; Hyatt, 60 to 0; Shannon, 66 to 1; the whole vote for the Free State ticket is 257, to 2 for Ransom, or 130 to 1. for freedom. Of course the whole ticket was elected. It is reported at Lecompton that the entire vote, save such as was cast at Shannon, will he rejected." This vote was not canvassed until the 26th of November, 1857. On the canvass of the vote the probate judge threw out all the returns except the Shannon precinct, and made the following order on his record: "Shannon, the County Seat of Anderson County, Territory of Kansas, the 26th day of November. A. D. 1857: That all the above precincts, except Shannon, have been thrown out, by order of the judge of the probate, in and for Anderson county, Kansas Territory. "GEORGE WILSON, "Judge of the Probate in and for the County of Anderson, Kansas Territory." And on the 28th day of November, 1857, the further order in the matter appears on the record of the proceedings of the county commissioners: "The board of county commissioners met this 28th day of November, 1857, George Wilson as president, and John McDaniel as associate (a called meeting), being present. George Wilson, judge of probate in and for the county of Anderson, K. T., decided that the Shannon precinct shall stand according to the poll book of October 5, 1857. "M. T. WILLIAMS, "Clerk of the Court." Judge Wilson wrote Governor Stanton the following letter in explanation of his action in rejecting the votes cast at the precincts of Hyatt, Adington, Cresco and Grceley: "Shannon, the county seat of Anderson county, K. T., "December 1, A. D. l857. "To his honorable excellency, F. P. Stanton, Secretary of the Territory of Kansas, and acting Governor: Relative to all of the precincts; excepting Shannon: First, in regard to the precinct of Greeley (or Blunt), is not properly authenticated by the judges, nor the clerks at the foot of the roll. Regards the precinct of Hyatt, every species of fraud was practiced at the polls. Also, in Adington the same species of fraud was practiced. Robinson's precinct, it is believed, a great number of illegal votes were sent there. These are my reasons for throwing these precincts out. I sustain the precinct of Shannon, as it is the only legal precinct in the county; although it is undecided whether the election was held on the county seat or Samuel McDaniel's, as it was held within the yard, or on the line, a few feet from the section stone; and there is but one difference in the footings at this precinct, and that is but one vote in the footing, which I have corrected, as you will see on the poll books. Therefore I have come to the decision of allowing but one precinct, of Shannon, as the only legal one in the county. Therefore I call upon your excellency, as judge of the probate, in and for the county of Anderson, to issue the commissions for the respective officers as was elected in this precinct of Shannon, the county seat of Anderson county, Kansas Territory. That there was no division of the county into the different precincts properly authenticated, until two days after the election. The board of county commissioners laid it off into precincts without sending any returns to the secretary, which was contrary to law. Respectfully, your ob't. serv't., "GEO. WILSON." This action of the probate judge gave the election to the following persons: Probate judge, Samuel Anderson; sheriff, G. A. Cook; recorder, A. Simons; treasurer, Isaac Hiner; county commissioners, D. Frankenberger and John McDaniel; surveyor, B. F. Ridgeway. Acting Governor Stanton issued commissions to all the persons so declared elected, bearing date November. 28, 1857, and they all qualified under said commissions. G. A. Cook, A. Simons and D. Frankenberger refused to take the oath to support and sustain the law of Congress, commonly known as the "fugitive slave law." They took the oath with this omission. The other officers elect took the oath as prescribed by the laws of 1855. At the October election, 1857, councilmen and members of the House of Representatives in the Territorial Legislature were elected. Anderson, Franklin, Lykins and Linn counties constituted one council district, and elected one councilman from the district. Anderson county was one of the nineteen counties that had but three members in the House of Representatives. At this election Samuel Stewart, C. Columbia and John Curtis were elected to the House. This was called one of the nineteen disfranchised counties. The members elected at this election composed the first Free State Legislature of the Territory. On the 29th of August, 1857, a Free State convention was held at Grasshopper Falls. G. W. Smith, of Lawrence, was elected permanent president, and the following delegates from Anderson county were present and participated in the convention: Solomon Kauffman, C. E. Dewey, D.B. Jackman, W. F. M. Arny and Rufus Gilpatrick. This convention was called to consider the question of most vital importance to the people of the Territory— whether the government of the Territory should be controlled by bona fide citizens thereof. This convention passed resolutions in favor of going into the election in October and electing officers. On the 22d of December, 1857, W. L. Webster was appointed superintendent of public buildings in Anderson county; and on the 23d of the same month M. Puett was appointed by the board of county commissioners assessor of the county, and was the first assessor of the county. In the fall of- 1857 there was much sickness in Kansas. In the "Herald of Freedom" we find the following article: "It has been reported that much sickness has been experienced on Pottowatomie creek the past season. Mr. Arny informs us that at one time he had at his house twenty-six sick persons, whom he took to his home to nurse; most of them young men, who settled in the timber and had been using creek water. Of this number three have since died; and the remainder have recovered and gone to their usual occupations." On the 5th of October, 1857, D. B. Jackman, Henry Williams, B. L. Adington, Dr. Thos. Lindsay, R. D. Chase, Samuel Mack and James Sutton were elected justices of the peace; and on the 23d of December, of the same year, Daniel Fraker was appointed coroner by the board of county commissioners. The Territorial Legislature in 1857 provided for the office of recorder by land districts. Anderson county was located in what was known as the Pawnee land district; and George A. Reynolds was appointed land district recorder of the Pawnee (or Lecompton) district. The law provided for putting on record in the office any deed, mortgage, or other instrument affecting titles to real estate; that the instruments would have the same binding effect, when filed in said office, as if recorded in the county where the land was situated. The result of establishing this office at Lecompton was that most of the instruments affecting real estate, for three or four years, were recorded in this office; and when Quantrell made his raid on Lawrence, on the 2ist of August, 1863, the records of this office being in Lawrence, were destroyed; and there are many pieces of land in this county, the titles of which were recorded in this office, and no record or transcript of the same can be found. The "Herald of Freedom" of September 19, 1857, has the following under the head of "Mail Routes in Southern Kansas:" "All towns and localities that desire mail facilities are requested to communicate with W. F. M. Arny, Hyatt, Kansas, previous to the 25th day of October, and to furnish him all necessary information with regard to routes desired, and location of offices. In accordance with his appointment by the railroad and mail route convention held at Hyatt, Kansas, and Butler, Missouri, he expects to start to Washington City about the first of November, and will attend to any business during his sojourn there that may be placed in his hands, so that the present irregularities in the mails and routes may, if possible, be corrected." Additional Comments: THE HISTORY OF ANDERSON COUNTY, FROM ITS FIRST SETTLEMENT TO THE FOURTH OF JULY, 1876. BY W. A. JOHNSON, CHAIRMAN OF HISTORICAL COMMITTEE. PUBLISHED BY KAUFFMAN & ILER, GARNETT PLAINDEALER, 1877. Entered according to act of Congress, in the year 1877, by KAUFFMAN & ILER, In the office of the Librarian of Congress,Washington, D. C. File at: http://files.usgwarchives.net/ks/anderson/history/1877/anderson/chapterv60ms.txt This file has been created by a form at http://www.poppet.org/ksfiles/ File size: 25.3 Kb