Pioneers of Marion County by Wm. M. Donnel, 1872

Chapter VI

Claim Law, and Club Law

The manner of taking claims having been described in another place, we now proceed to a description of the government adopted by the settlers, mainly intended for the regulation of their claim interests, as soon as circumstances rendered such government necessary.

As we have stated, most of the settlers were poor men, who had sought the country for the purpose of advancing their pecuniary interests, prompted by the liberal advantage offered by the general government, which was a claim interest in a certain amount of public lands, till these lands should be subject to sale. In this they saw an opening that seemed to promise admission into comparative independence, if not actual wealth; and for most of them, we are happy to say, this hope has been, to a greater or less extent, realized. Their sacrifices and labors have been rewarded; they are wealthy; the proprietors of the soil they acquired with so much hardship, they now rest from their labors, with all the comforts and many of the luxuries of life at their command. Though more than twenty-five years have passed away since some of them have established their homes in this then trackless wilderness, and those who were in the summer of life then, are now in the autumn of decline, the scenes of their early trials are still fresh to their memories, and they love to “fight their battles over again,” in the secure retreat of their own happy homes.

As the above stated, an act of congress granted each settler the privilege of locating upon and claiming three hundred and twenty acres of land until the time of the sale, when he could enter and secure a permanent title to the same. This claim right was regulated by what was called the “claim law,” that had its origin in a large meeting of citizens at Locust Grove, Jefferson county, and was legalized by the territorial legislature of 1839.

The provisions of this law were briefly these: Any person twenty-one years old, or any other person at the head of a family, could possess of him or herself of three hundred and twenty acres of land belonging to the government, and not legally claimed or occupied by any other person or persons. This could be claimed in one or two tracts, as suited the interest or convenience of the claimant. Said claims had to be defined by well blazed or well staked lines, as it might happen to be, in the timber or on the prairie, said lines not to cross or conflict with those of other claims. Then the claimant was required to build a house on the land, and live in it, and cultivate a certain amount yearly, as evidence of his intention to become a permanent settler thereon. In case he should absent himself from it six months at any one time, it was forfeited, and subject to be “jumped,” that is, any other person legally entitled to a claim, could take possession of and claim and hold it as though it had never beeh claimed. But, unlike the present homestead right, claims were transferable at any time, and many who found themselves unable to buy of the government, sold to individuals, sometimes for enough to enter for other tracts, and thus secured a permanent title to some portion of Uncle Sam’s dominions.

Notwithstanding this apparently just and comprehensive mode of regulating these affairs, difficulties often occurred between settlers in relation to their claims. With no other title than that obtained by mere possession, it did not always appear so clear and unquestionable as to secure the holder in undisturbed possession thereof. In a community where all are in eager pursuit of the same object - the acquisition of property - it is not uncommon to find a few not thoroughly governed by a sense of honesty. So, in a community remote from the influence of law and order, rogues were not disposed to be less roguish. There were no convenient courts of justice, through whose influence men could be restrained from intruding upon each other’s rights. The nearest one at that early day was in Washington county, about seventy-five miles distant. Thus isolated from comparative civilization, it is not strange that quarrels often occurred between the settlers that sometimes threatened serious results.

This state of things called for some kind of law, and each settlement of any considerable number found it necessary to adopt certain rules and regulations for its government in all affairs pertaining to claims. At first they were intended to regulate such differences as might arise between the claimants only, but were afterwards deemed a necessary protection against the encroachments of speculators and a monied class of settlers. These “by-laws,” as they were called, embodied the purest “squatter sovereignty” principle. That of each settlement differed more or less, according to circumstances, but in all the object was the same. Under them the settlers were organized into “clubs,” duly officered and obligated to serve on all necessary occasions.

As a matter of historical curiosity let us here introduce a verbatim copy of a set of these by-laws. It is of somewhat later date than most of them, but contains the substance of what has just been said of them generally. Having lain in obscurity for more than twenty years, they now come forth with color of antiquity, and, as a relic of old times, deserve a place more enduring than the yellow, half-worn sheets of old-fashioned writing paper from which we copy them:

“BY-LAWS

“At a meeting held at the house of Jesse Johnson, in Perry township, Marion county, State of Iowa, on Saturday the 19th day of August, 1848, Peter Brans was called to the chair, and James M. Brans was appointed secretary. The object of the meeting being stated, the meeting then proceeded to adopt the following preamble and resolutions:

“Whereas, it has become a tradition in the western states, as soon as the Indian title to public lands has been extinguished by the general government, for the citizens of the United States to settle upon and improve said lands, and heretofore the improvement and claim of the settler, to the extent of three hundred and twenty acres, has been respected by both the citizens and the laws of Iowa.

“Resolved, That we will protect all citizens upon the public lands, in 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 refuses to comply with the above requisitions, he shall be subject to such punishment as the settlers shall choose 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 bloodshead, being compelled to do so for our own common safety, and that we may not be driven by ruthless speculators from our fire-sides and our homes.

“Resolved, That a committee of five be appointed to settle all differences that may arise.

Here follow the names of this important committee, and a resolution appointing a captain. Then a concluding resolution, ordering the publication of these proceedings in certain newspapers favorable to the cause.

The next meeting (the only one we have any record of besides the above) came off at the same place, on the 9th of September of the same year, at which the following additional resolutions were adopted:

“Resolved, That each settler that applies first shall have his or her name registered, and if any two claims should conflict, then it shall be the duty of the second settler for the same piece of land to call the committee together and have the matter settled; and each settler that expects the benefit of these resolutions, must have his or her claim registered by the 20th of the present month.

* * * * * * * * * * * *

“Resolved, That it should be the duty of each settler to sign these by-laws, and he that refuses to do so, cannot and shal not, be protected by us.

“Resolved, That any settler that may have signed these by-laws, and refuses to render service when called upon by the proper officers, and without a reasonable excuse, shall be fined the sum of ten dollars, to be divided among those that may have rendered the service necessary.”

A lieutenant and ensign were elected at the conclusion of this meeting, but their duties are not prescribed.

Appended to this venerable document are the names of thirty-five settlers. Two more who, though their hearts were in the cause, were omitted, for prudential reasons that may not appear on the face of the instrument, when it is known that they held the civil offices of the justice of the peace and constable.

Such a company of strong, resolute men, united in a common cause, to which they were the more attached because it affected their home interests, might seem sufficient to strike terror in the heart of any lonely speculator who might have strayed into the settlement and made choice of some valuable tract claimed by one of the number.

Without doubt, the intent of the claim law was to secure to actual settlers the lands in small portions, so as to facilitate the rapid settlement and improvement of the country, thereby increasing its wealth and strength, a result slowly reached through the impediments of speculation. Yet there was no law forbidding speculation in these lands, nor even the entering of claims belonging to actual settlers without due compensation to the owners; and to supply this want theses by-laws were instituted. Though the settlers were admitted to the first choice, some regulations were necessary to secure them in their possession after they were subject to entry. Though conducted very much upon the mob principle, their intent was legal so far as it went to enforce the intent of the law. Going beyond this, they were very mobs without any legal authority. But as an auxiliary to the enforcement of the law itself, these by-laws must be regarded as the best thing that could have been gotten up. Indeed, they were but the natural result of the then state of things. They placed the law in the hands of who were directly interested in its enforcement, without which we have reason to suppose that it might have been nearly a dead letter upon the statute book.

When the lands came into market, and the speculators and other buyers made their appearance, the settlers naturally became suspicious of their motives, and these suspicions were founded on some practical reasons. Many of the settlers had made improvements on their claims, and valued them accordingly. In case they were not prepared to enter them, they did not wish to part with them for less than what they deemed them worth. Yet these claims were subject to entry, and as there was no law forcing the purchaser to pay more than the $1.25 he paid per acre to the government, it depended upon his magnanimity whether he would pay more or not. Some men cannot afford to be magnanimous without the authority of the law. They cling to the letter of it so long as it suits their convenience; and it did not suit the convenience of some to pay twice for the same property. The little cabin that constituted the poor settlers home, and the ground for which he had cultivated a few crops of corn and vegetables, and the fence that enclosed them, were of much greater value in the estimation of the occupant, than of him who might have been already the possessor of large landed estates, and who could easily secure other tracts equally as good, and unoccupied a little further west. If he entered the land regardless of the settler’s rights, and refused to pay him what was deemed a just compensation for his labor, or indeed anything, the only remedy was the club law; and, as intimated in some of the resolutions just quoted, it was somewhat dangerous to disregard its authority. An instance of this will be the subject of another chapter.

As it appears in one or two resolutions, differences between settlers relative to claims, were settled by arbitration. All decisions by such a court were considered final. There was no other, neither above nor below it, to appeal to. In case either of the contending parties should refuse to submit to the decision of the arbitrators, and continue to make himself troublesome about the matter, his case was submitted to Judge Lynch, where it was apt to end. Any claim holder not a member of the club, was not entitled to the benefits thereof; and, further, - though perhaps not a universal rule, - any such person positively refusing to subscribe to, or comply with the rules and regulations of a settlement, as set forth in its by-laws, thereby indicating an opposition to them, was subject to a species of ostracism difficult to endure in any country, much less in a new and sparsely settled district, where the conveniences of social intercourse were occasionally felt to be indispensable. Against such an offender “non-intercourse” was declared, which held him from all aid and comfort, either in sickness or in health. Such a punishment was apt to be severely felt, and, sooner or later, would bring the rebellious individual to terms.

But strict fidelity to the facts of history will not permit us to say that the spirit of monopoly was confined entirely to speculators. Many settlers were not content with the amount of land the law entitled them to, but made pretend claims to so large a portion of the territory that, in some instances, it was difficult for a buyer to find an unclaimed lot. Of course such claims were without improvements, but the pretended claimants, by representing themselves as the real owners thereof, would frequently impose upon some unwary buyer, or, by threats, extort from him sums, varying in proportion to the supposed value of the claim, or whatever sum could be obtained. For an instance of this, part of the land on which the author resides was once a pretend claim, for which the present owner was compelled to pay a small sum, he having entered it after learning by due inquiry that it was unoccupied. In this case the club followed him and another individual named Brown, who was charged with a similar offense, as far as Oskaloosa. Brown stubbornly refuse to comply with their demands, and went his way, whilst J. C. Donnell, who had offended to the amount of eighty acres, satisfied the claimants, for the time being, with a note of hand for thirty-five dollars, the half of which was afterwards paid on compromise of the parties. Judgment had been rendered for the whole by J. D. Bedell, justice of the peace, at Red Rock, but rather than carry the case to the district court, each agreed to divide the difference, and pay his own cost.

We demonstrate this case somewhat particularly, because it was about the last demonstration made by the club, which soon after mutually abandoned its organization, as a thing no longer needed in the eastern part of the county. This was in 1848.

Transcribed by Mary E. Boyer, 11/06, reformatted by Al Hibbard 12 Oct 2013.