of
Muscatine County Iowa
1911
| History of Muscatine County Iowa 1911 | |
Source: History of Muscatine County Iowa, Volume I, 1911, pages 57-59
HOW "CLAIMS" WERE MADE. The claim making of the early settlers in Iowa was a mode of settlement peculiar to that portion of the public domain which was occupied prior to its being surveyed by the general government. Newhall, in his "Sketches of Iowa," states that by mutual concession and an honorable adherence to neighborhood regulations, claim making was governed by a pro tem law, which answered the purpose of general protection for the homes of the settlers until the land came into the market. So general did this usage become, and so united were the interests of the settlers, that it was deemed extremely hazardous as well as highly dishonorable for a speculator or stranger to bid upon a claim, even though it was not protected by a "pre-emption right." More than one "war" was waged when such attempts as that were made, almost invariably resulting in the rout of the interloper. Blood, in some instances, was shed in defense of their recognized rights. When it was clearly understood that improvements constituted a claim, and when the settler conformed to the "by-laws" of his neighborhood or township, it was just as much respected for the time being as if the occupant had the government patent for it. For instance, if an emigrant came into the country for location, he looked from county to county for a location. After having placed himself, he set about making an improvement. To break five acres of ground would hold his claim for six months; or if a cabin was built, eight logs high with a roof, which was equivalent to the plowing, he held it six months longer. He then staked out his half section of land, which was a full claim, generally one-quarter timber and one-quarter prairie, and then his home was secure from trespass by anyone. If he chose to sell his "claim," he was at perfect liberty to do so, and the purchaser succeeded to all the rights and immunities of the first settler. As an evidence of the respect in which these claim rights were held by the people of Iowa, we quote here an act of the legislature council of the territory, passed January 15, 1839, entitled, "An act to provide for the collection of demands growing out of contracts for sales of improvements on public lands."
"Be it enacted, That all contracts, promises, assumpsits, or undertakings, either written or verbal, which shall be made hereafter in good faith, and without fraud, collusion or circumvention, for sale, purchase or payment of improvements made on the lands owned by the government of the United States, shall be deemed valid in law or equity, and may be sued for and recovered as in other contracts.
"That all deeds of quitclaim, or other conveyance of all improvements upon public lands shall be as binding and effectual, in law and equity, between the parties for conveying the title of the grantor in and to the same, as in cases where the grantor has the fee simple to the premises conveyed."
Previous to lands being brought into market, each township, nearly, had its own organization throughout the territory. This was to prevent unpleasant litigation and to keep up a spirit of harmony among neighbors, and the better to protect them in their equitable rights of "claim" purchase. A "call meeting" was announced something after this fashion: "The citizens of township 76 north, range 2 west, are requested to meet at Squire B-----'s, at Oak Grove (or as the place or the time might be), to adopt the necessary measures for securing their homes at the approaching land sales at B-----." After a short preamble and set of resolutions, suited to the occasion, a "register" was appointed whose duty it was to record the name of each claimant to his respective "claim." A "bidder" was also appointed, whose duty it was on the day of sale, to bid off all the land previously registered, in the name of each respective claimant. Thus, everything moved along at the land sales with the harmony and regularity of clock work; but if anyone present was found bidding over the minimum price ($1.25 per acre) on land registered in the township, woe be to him!
When any controversy arose between the neighbors relative to trespassing (or, in common parlance, "jumping a claim"), it was arbitrated by a committee appointed for that purpose, and their decision was considered final.
Newhall describes a land sale, which may bring up to the minds of some of the old settlers a remembrance of one of those absorbing periods. He says:
"Many are the ominous indications of its approach among the settlers. Every dollar is sacredly treasured up. The precious 'mint drops' take to themselves wings and fly away from the merchant's till to the farmer's cupboard. Times are dull in the towns, for the settler's home is dearer and sweeter than the merchant's sugar and coffee. At length the wished-for day arrives. The suburbs of the town present the scene of a military camp. The settlers have flocked from far and near. The hotels are thronged to overflowing. Barrooms, dining rooms and wagons are metamorphosed into bedrooms. Dinners are eaten from a table or a stump, and thirst is quenched from a bar or a brook. The sale being announced from the land office, the township bidder stands near by, with the registry book in hand, in which each settler's name is attached to his respective half or quarter section, and thus he bids off, in the name of the whole township, for each respective claimant. A thousand settlers are standing by eagerly listening when their quarter shall be called off. The crier passes the well known numbers; his home is secure. He feels relieved; the litigation of 'claim jumping' is over forever; he is lord of the soil. With an independent step he walks into the land office, opens the time-worn saddlebags and counts out the $200 or $400 silver and gold, takes his certificate from the general government and goes away rejoicing."
The meeting of claim holders in each section usually adopted the order of procedure which follows: A register was chosen for each township, whose duty it was to prepare a map, with the several claims indicated thereon; a bidder and assistant bidder were chosen to attend the sale and make the purchases. Conflicts of claimants were submitted to a committee of three, who had the power to settle all disputes. In event of a refusal by both parties to arbitrate, the case was to be submitted to a committee of five. Claimants were authorized to take as much as 320 acres. An equable arrangement was made between adjoining claimants, where their claim lines and the government survey failed to coincide. All persons over eighteen years of age were entitled to the privileges of claimants.
The following is a statistical table of monthly receipts at the Burlington land office during the first year and four months of its existence. Perhaps no safer criterion can be drawn of the preeminent character that Iowa had already attained than the receipts which this table exhibits of a country that, only so late as June, 1833, was first subject to occupancy by the white man. Of every hundred acres, it was estimated that ninety fell into the hands of the actual settlers:
November 19, 1838, sold by public sale.....................................$295,495.61
January, 1839, by private entries and preemption.............................60,751.14
February, 1839, by private entries and preemption............................23,047.31
March, 1839, by private entries and preemption................................8,778.46
April, 1839, by private entries and preemption...............................12,706.77
May, 1839, by private entries and preemption.................................15,675.93
June, 1839, by private entries and preemption................................14,356.52
July, 1839, by private entries and preemption................................24,909.16
August, 1839, by private entries and preemption...............................8,216.32
September, 1839, by private entries and preemption............................8,836.56
October, 1839, by public sales...............................................47,487.91
November, 1839, by private entries...........................................10,564.72
December, 1839, by private entries............................................3,868.11
January 1, 1840, by private entries...........................................4,644.80
February, 1840, by private entries............................................5,420.56
March, 1840, by private entries and public sales, inclusive.................332,222.42
April, 1840, by private entries and preemption...............................29,834.22
June 1840 by private sale and preemption.....................................62,170.62
____________Total ..................................................................$968,987.14
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