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

Chapter VII

The Majors’ War

Perhaps the most notable event connected to the claim troubles, occurred just previous to the date mentioned at the close of the last chapter, and as such deserves full account, under the above title, by which it has ever since been known.

Sometime during the year 1844, a family by the name of Majors immigrated from the state of Illinois, and settled in what is now Mahaska county, and formed what was known as the “Majors’ Settlement.”

This family consisted of five brothers, two sisters, and their mother, a widow. One of the sisters was also a widow, and had two sons eligible to secure claims. In all there were ten persons, each of whom claimed three hundred and twenty acres of land, amounting in the aggregate to five sections.

Having secured their claims, they were the first to organize a club in that settlement, and adopt rules and regulations for the government and protection of claimants. But in 1847, when the land sales opened, one of the brothers, Jacob H. Majors, who seemed to have acted as agent for the family, entered all their claims; after which having abundance of means at his disposal, he proceeded to enter some timbered claims, belonging to John Gillaspy, Jacob Miller, and Peter Parsons. His plea was that he did not know they were claims; but after being informed that they were, he still evaded making restitution according to the rules of the club.

When the report of these transactions spread abroad, it created no little excitement among the settlers, based upon fears for the fate of all their claims. That the Majors were a wealthy family, seemed now questionable; and, if not check in their strides towards a land monopoly, they might continue them, to the ruin of many settlers; and their example might embolden others to do the same, and thus neutralize the real purpose of the claim law.

In view of this alarming state of things, the clubs convened, and passed resolutions denouncing the conduct of Jacob Majors, and decided upon a concerted movement to force him to deed back the claims above mentioned, should he refuse, after being duly admonished to do so. It was supposed he had many friends, who might back him in a refusal, and show some hostility in his defense; and this was the cause of the general uprising of the settlers in behalf of their rights. The central committee sent word to the various clubs, requesting them to meet at the residence of Jacob H. Majors, for the purpose of inducing him to make the required settlement.

At the time specified for this meeting, the exact date of which we have not been able to obtain, a large number of people collected there, and remained all day, awaiting the return of Majors, who was at Oskaloosa, attending the county commissioners court, as a member of that body. A message had been sent him desiring his presence for the purpose above stated; and it was supposed he would make his appearance in the evening.

During the day the crowd was increased by fresh arrivals, and no little excitement prevailed on learning that the offender was absent, and that doubts were entertained of his return that night, and of his willingness to comply with the demand for settlement. In order to induce him to come home, he was informed that ifhe did not appear before sunrise the next morning, his property would be destroyed. When night came without bringing the incorrigible Majors, after having sent the above threatening notification, it was evident that something more than gentle coercion would be necessary to bring him to terms

At night some of the company went home, but most of them remained, and camped on the ground, to see what would be the result; but we are informed that it was not the design of most of them to execute the threat. And it is quite probable that Majors also regarded it as a mere threat, believing that no one would dare render himself liable to punishment, for a crime of such grave character, and he therefore resolved to risk it.

But early in the morning the log stable was discovered to be in flames; and soon after the corn cribs and other granaries, all of which were consumed with their contents. There was no livestock in the stable, but a number of hogs were either burned, or killed by the more excitable members of the mob, who were not disposed to make idle threats.

Majors, now hearing that his property was being destroyed, sent a promise that he would deed the land back to the claimants; and under this promise the settlers dispersed to their homes.

But in a few days Mr. M. having reconsidered his promise, not only failed to fulfill it but had warrants issued for the arrest of some of the more prominent leaders of the mob. Peter Parsons was arrested and taken to Oskaloosa, and the report went abroad that he was in jail there, and that the sheriff of Mahaska county was in pursuit of about fifty others, against whom indictments had been tiled, among whom were Geo. Gillaspy and John B. Hamilton.

All this was calculated to arouse the indignation of the people to the degree that it rendered it unsafe for Majors to remain at home, and he found it prudent to keep out of the way of the settlers as much as possible. Hereupon the settlers called another meeting, to rendezvous at Durham’s Ford, and from hence go to Oskaloosa, release the prisoners, and punish Majors. It was late on Saturday when the summons came. Next morning a large number collected at Knoxville, armed and equipped, and resolved to stand by the settlers’ rights at all hazards. A flag was prepared showing the “stars and stripes, “ and inscribed in large letters, “Settlers’ Rights.”

This company reached the neighborhood of Durham’s Ford that day, and remained there until the next, some camping out, and some putting up at houses in the neighborhood. Here large accessions were expected, which came in that evening and the next morning, from both counties, some on horseback, and some in wagons, swelling the number to about five hundred. When all were together, and organized in a kind of military order, with arms, flags, fi e and drum, they presented a somewhat formidable appearance. To render it still more so, and to make an impression that would be the more likely to secure the object of the expedition without serious difficulty, the horsemen were drilled as cavalry, by a Mr. Mulkey, who had seen some service in the Mexican war.

Thus the army marched into Oskaloosa, reaching that place at about the time the prisoner was to be tried. The arms were deposited in the wagons, under guard, and infantry and cavalry formed in the public square. When this formidable demonstration was observed, and its object made known, the trial of Parsons was indefinitely postponed, and he was released without bail, though he had not been confined in jail, as was at first reported.

I. C. Curtis, more recently a citizen of Pella, as spokesman for the settlers, stated the object of visitation, and was answered by a Mr. Harbour, of Oskaloosa, on behalf of the authorities. Then followed other speeches and replies, that consumed the afternoon, and tended, and probably were intended, to kill time, and thus give excitement a chance to cool, rather than to effect any definite compromise.

During all this time Majors was there, but invisible to those who most desired to see him. But in the evening he again promised to comply with the demands of the settlers, and next morning redeemed his promise by furnishing deeds to those persons whose land he had entered. Whereupon the army disbanded, and returned home.

This, then, was regarded as a treaty of peace - a final conclusion of the war. It was all it had been contended for. But Majors was not satisfied with such a conclusion. He was in a rage, considering himself a persecuted man, and the fire of revenge thus kindled in his breast rendered him rash, and regardless of consequences. A mob had followed him, destroyed his property, and forced him to surrender. The law was, therefore, evidently in his favor, and to the law he would appeal. Though the offence of Majors was such as to demand redress, and his persistent refusal to grant it voluntarily, rendered compulsion the means that could be employed for that purpose, yet, as a means unauthorized by civil law, the uprising could hardly be dignified by a better term than mob; but we are not prepared to say in all cases a stigma should attach to the term; and reason will back us up in the conclusion that, in the absence of any civil law to right a flagrant wrong, mob law is right.

Not long after this, Majors made preparations to bring this matter into court, but such was the unpopularity of his course, that it was found almost impossible to secure the arrest of persons indicted. Just previous to this, John M. Jones, who was, politically, on the winning side, was beaten in the election for sheriff of Mahaska county, solely because he was a friend of Majors. The officer who was authorized to make the arrests was kind enough, whenever he conveniently could, to notify the intended prisoners when he should call for them, and consequently, when he did call, they were often absent, and their whereabouts unknown.

Majors was repeatedly advised not to appear against them, but he persisted in doing so, and thereby subjected himself to the accumulated wrath of his enemies. He having added insult to insult, they were now determined to punish him at all events. For this purpose a select company was sent in search of him, with orders to seize him wherever he could be found, and convey him to Knoxville. Majors, conscious of his danger, did not remain at his home, but frequently stayed at Dr. Buyer’s, a few miles south-west of Oskaloosa. To this place the detachment went, but not finding him there, they continued the search till they discovered him in Hallowell’s saw mill, near the mouth of Cedar creek, a little south of Bellefontaine. He was at work in the mill, sawing his own lumber, and it was observed that he kept a gun near him, and carried it with him as often as he had an occasion to leave the mill, if only for a moment. Thus it was evident that great caution was requisite to effect his capture without serious consequences. To this end the men secreted themselves nearby, and sent one of their number, who was a entire stranger to him, to decoy him out, if possible, or throw him off his guard, till the others could steal in and seize him. The plan proved quite successful. Majors was soon engaged in conversation with his visitor, who had come to inquire after estray horses, in the meantime getting between the former and his gun, without exciting any suspicion.

Now was the crisis! Ere the victim was aware of the presence of another person, he felt himself seized by strong hands and was carried out of the mill. As speedily as possible they placed him upon a horse, tied him on, and then set out for Knoxville. On their arrival there another select committee took charge of the prisoner. They were blackened, so their identity could not be easily ascertained; and to this day, but few of those known to the circumstance can give their names. Perhaps for prudential reasons, this is kept a profound secret, for Majors still lives in Missouri, and might yet be disposed to avenge the insult he was then made to suffer.

By this committee he was taken about a mile north of town, at, or near the present site of the county fair grounds, where a preparation of tar and feathers was in waiting. Here they striped him of all his clothing and applied a coating of tar and feathers to his naked body. Over this they drew his clothing, and then completed the job by adding another coating of the same materials, giving the wearer a very portly appearance. He was then permitted to go his way, with the admonition never to repeat the offense for which he had been thus severely punished.

Instead of taking a more private route homeward, to avoid being seen in his ridiculous plight, he passed directly through Knoxville, and took the most public road thence to his place. It was sometime during the night when he reached home, and in order to avoid frightening his family unnecessarily he stopped, some distance from the house and called to them; and when he had thus aroused them he informed them of his condition.

Sometime afterwards Majors made another attempt at prosecution, but was unable to bring his case into court for the reason that the court house was guarded at about the time set for trial, and everyone, lawyers and witnesses, known to be for the prosecution, were egged away when they attempted to enter. Thus foiled again, he abandoned the case finally.

Not long after this the family sold their possessions and moved away.

Since the above was written, the following addition to the account appeared in a communication to the Voter:

“After receiving the generous coat of tar and feathers. Majors was indefatigible in his efforts to prosecute and convict the leaders of the various raids against him. The state of feeling, as exhibited in the late proceedings in the vicinity of Knoxville, affording but little prospect of success in Marion county, he resorted to the courts of Mahaska, where he fancied a more favorable tone of public sentiment existed. After a number of failures, he finally succeeded in obtaining bills of indictment against a number of individuals who had been disturbers of his peace during the claim difficulties.

“A young man named Bush was among those indicted. Bush had incautiously allowed himself to be arrested, against a well understood arrangement, and entered into bonds to appear at the term of court then next ensuing at Oskaloosa. Notwithstanding this violation of the rules by Bush, his friends resolved to stand by him, as they were solemnly pledged to aid and assist their friends in every emergency growing out of their difficulties.

“Accordingly they arranged matters for the approaching trial. One of their number who very strongly resembled Bush in personal appearance, was chosen to represent him during the trail of the case. It was a bold step, but they ventured upon it.

“At the sitting of the court, Bush and his substitute were surrounded by their friends. When the case was called, the pretended Bush responded, took his seat in the criminal box, and plead “not guilty,” to the indictment; but when, in the progress of the suit, it became necessary to identify the criminal at the bar as the real offending Bush, the similarity between the two individuals became at first embarrassing, and then inexplicable, and caused no little delay in the proceedings, and the court finally lost its temper, and dismissed the case. The ruse was a success, and the case was literally laughed out of court, to the utter confusion of Majors and his attorneys, who were unprepared for this sharp practice.

“At this unlooked-for failure, when everything had promised success, Majors became mortified, chagrined and discouraged, and gave up in despair. He made no further efforts to prosecute the matter, being convinced of the impossibility of procuring a conviction in a community where the hand of every man was arrayed against him. He soon after ‘left the country for his country’s good.’ Finding kindred spirits in Missouri, he sought a home among them, where he still resides.

“It is by no means certain that the court, bar, or spectators of the trial, ever became aware of this ruse. It was only known to the initiated. B.”

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