ELECTION DISTRICTS, ELECTIONS, AND DISTRICT COURTS.
In obedience to a proclamation from Governor Reeder for the election of a
Territorial delegate to Congress, November 29, 1854, Election Districts Nos. 9
and 10 -- Reynolds and Big Blue Crossing -- two of the eighteen districts
formed by Governor Reeder, participated, and their united vote was 77. The
number of voters by census was 99; Free-State votes, 66; Pro-slavery, 11. By
the census taken early in 1865, by Martin F. Conway, District No. 9, contained
36 voters; 61 males; 25 females; 14 negroes; 3 slaves. No. 10 contained 63
voters; 97 males; 54 females. No. 9 was then known as Pawnee; Number 10, Big
Blue and Rock Creek. March 8, 1855, Governor Reeder issued a proclamation for
an election to be held March 30, for the purpose of electing a Territorial
Legislature. Election Districts Numbers 9 and 10 gave for Martin F. Conway,
Free-State candidate for Councilman, 113 votes; for John Donaldson,
Pro-Slavery, 53 votes; for Representative, Samuel D. Houston, Free-State, had
120 votes; Russell Garrett, Pro-slavery, 41 votes. Rock Creek was near where
Westmoreland is now located, the present county-seat of Pottawatomie. Sixteen
Delegates had assembled in March, 1855, at the house of Seth I. Childs, on the
west side of the Big Blue, at the crossing at Juniata -- St. Mary's,
Louisville, Juniata and Fort Riley being represented. Asahel G. Allen was made
Chairman, and a Mr. Hascall, Secretary. Mr. Conway was nominated for
Councilman; E. M. Thurston, for Representative. Mr. Thurston lived south of
the Kaw from where Manhattan now stands. He was then absent, and it was then
ordered that should he not return, Mr. Houston should be the Candidate.
Kansas, December 6, 1859, held an election for State Officers, Members of the
Legislature, and Judges of the District Court, under the Wyandotte
Constitution. Riley County polled 332 votes, and Dr. John W. Robinson, of
Manhattan, was elected Secretary of State. In November, 1861, her vote for
George A. Crawford, for Governor, was 245; on location of the State Capital,
it was 144 for Topeka; 75 for Manhattan; 21 for Ogden; 3 for Ashland. The
Supreme Court -- Thomas Ewing, Jr., Chief Justice -- decided that the term of
the State officers then in possession, held till January, 1863.
In 1862 -- the vote of the county -- 275. Isaac F. Goodnow, of Manhattan,
elected State Superintendent of Public Instruction. In 1863 -- vote of the
county -- 239. B. E. Fullington, for Representative, had 150 votes. in 1864,
Mr. Goodnow was re-elected State Superintendent of Public Instruction.
Lincoln's vote for President was 220; McClellan's 51. In 1865 -- whole vote
polled -- 295. In 1866, Nehemiah Green, of Riley, was elected
Lieutenant-Governor; he had 366 votes out of 392. In 1867 -- whole vote --
673. D. M. Johnson elected Representative; had 246 votes. In 1868, James M.
Harvey, of Riley, was elected Governor. He had 588 votes; General Grant, for
President, 587. The whole vote was 719. Lieutenant- Governor Green was
Governor from November 4, 1868, to January 12, 1869. Governor Crawford having
resigned to take command of the Nineteenth Regiment. In 1869 -- whole vote,
709. Edward Secrest elected Representative; had 372. In 1870 -- whole vote --
843. Governor Harvey re-elected; his vote in the county, 693. In 1871 -- whole
vote, 1,348. On a vote to grant $200,000 in bonds to two railroad companies,
there were 494 votes in favor, and 425 against the proposition. In 1872 --
whole vote, 1,398; President Grant, 1,055. In 1873 -- whole vote, 1,348; H. P.
Dow, successful candidate for Representative, had 777. In 1874 -- whole vote,
1,239; for Congress, W. A. Phillips had 957; M. J. Parrot, 212; N. Green, 68
votes. In 1875 -- whole vote, 1,330; R. B. Spilman, for Judge of the District
Court, had 1,096. In 1876 -- whole vote, 1,426; for President, Hayes had
1,133; Tilden, 223; Cooper, 65 votes. In 1877, whole vote, 1,137; William
Burgoyne, for County Clerk, had 1,167 votes. In 1878 -- whole vote, 1,566; for
Congress, John A. Anderson, Republican, had 873 votes; E. Gale, National, 416;
J. R. McClure, Democrat, 246. In 1879 -- whole vote, 1,655; F. A.
Schermerhorn, for County Clerk, had 1,640. In 1880 -- whole vote, 2,207. The
following is the vote on President, Governor and Congressman: -- President --
Garfield, Republican, 1,484; Hancock, Democrat, 376; Weaver, National, 347.
Governor -- St. John, Republican, 1,387; Ross, Democrat, 436; Vrooman,
National, 359. Congressman -- Anderson, Republican, 1,310; Barnes, Democrat,
277; Davis, National, 604. For the Prohibition Amendment, 1,178; against it,
828. In 1881 - whole vote, 1,890; J. M. Myers, successful candidate for
Sheriff, had 691 votes.
Ex-Governor Harvey, February 2, 1873, was elected United States Senator by a
vote of 76 out of 132, to succeed Alexander Caldwell, who had resigned his
seat March 24, 1872, the vacancy having been filled by Robert Crozier, an
appointee of Governor Osborn, who had been Chief Justice of the Kansas Supreme
Court. Senator Harvey's term expired March 3, 1877. Riley County is also the
home of Hon. John A. Anderson, a member of the House of Representatives, for
the Forty-sixth, Forty-seventh and Forty- eighth Congresses.
The Republican party of Kansas, organized May 18, 1859, at Osawatomie, placed
Charles F. DeVivaldi -- the editor and publisher of the Manhattan Express
-- and William H. Smyth, on the Platform Committee, and S. D. Houston on the
Central Territorial Committee. Robert Wilson was one of the Kansas delegates to
the National Democratic Convention, at Charleston, South Carolina, April, 1860.
Andrew J. Mead, a delegate to the National Democratic Convention, at New York,
July, 1868, and was a member of the State Central Committee.
N. A. Adams was a delegate to the National Republican Convention at Chicago,
in 1868; was a prominent candidate for Governor in 1876; a member of the State
Republican Committee of 1880; Commissioner of Pensions in 1882. Gottlieb
Schauble was the Democratic candidate for Auditor of State, in 1868; Theodore
Weichselbaum, the candidate for Treasurer, in 1880; D. E. Lautz, for State
Superintendent of Public Instruction, in 1882.
On a vote to amend the State Constitution by striking out the word "white"
from the qualifications of electors, Riley County gave 74 majority for it on a
vote of 628. Allen, Ottawa, and Wabaunsee counties were the only other
counties that voted for it.
Riley County, in a vote of 596, gave 160 majority against striking out the
word "male," at the same election. Ottawa gave 2 majority for it, the only
county in which it carried in the State.
At the first organization of the Judicial Districts in Kansas Territory, Riley
County belonged to the Third, and Davis was attached to it for judicial
purposes. The court officers at the term of court held at Manhattan, April 4,
1859, were: Rush Elmore, Judge; Scott Newell, Sheriff; J. D. Patterson,
Clerk. Henry Hessen was Foreman of the Grand Jury. Benjamin H. Keyser, who
had practiced law in the courts of California, and Joshua E. Clardy, now of
Wamego, were admitted to the bar.
At the October term, 1859, W. J. Bassett was Sheriff. J. Frank Cooper, who had
practiced in the courts of Virginia, and Walter C. Dunton, in the Wisconsin
courts, were admitted as attorneys and counselors-at-law.
The April term, 1863, was held at Ashland; Norman Kinney, Sheriff. The
military-famed J. E. B. Stewart, was admitted to the bar. Captain Fred Emory,
a United States Mail Contractor in 1856, who had a somewhat unsavory history
as connected with the killing of William Phillips at Leavenworth, September 1,
1856, was entered on the records as a judgment debtor in the sum of $700.
April 6, 1860, Julius E. Hibbard was appointed Master-Commissioner for the
county of Riley.
September 2, 1860, S. McArthur appears as Clerk, though J. D. Patterson is the
Deputy. In December, 1860, Judge Elmore's service as Territorial Judge closed.
Riley County was in the Third Judicial District, with Shawnee, Wabaunsee,
Pottawatomie, Davis, and Dickinson counties. Jacob Safford, of Shawnee County
was Judge, having been elected by receiving 590 votes out of 1,437. Riley
County gave him 10; J. R. McClure 140; R. S. Wilson, 177.
C. K. Gilchrist, of Shawnee County, was elected Judge in November, 1864. Riley
County gave him half her votes, 132. Jefferson, Jackson, and Saline counties
were added to the district. Four new judicial Districts were created by the
Legislature of 1867, and James Humphrey, March 4, 1867, was appointed Judge of
the Eighth Judicial District, composed of the counties of Riley, Davis,
Dickinson, Clay, Cloud, Ottawa and Saline. He was elected Judge, November 5,
1867, receiving 515 out of 519 votes cast in Riley County. The vote of the
District, November 8, 1870, was cast unanimously for James H. Austin, of
Junction City. Republic, Jewell, Mitchell, Lincoln, Ellsworth, Rice, and
McPherson counties voted at this election.
In November, 1871, Judge Canfield was elected for a full term. The additional
counties then in the district were Ellis and Wallace. Riley County gave Judge
Canfield 308 votes; H. G. Barner, one of her citizens, 1,076 votes.
Clay, Cloud, Republic, Jewell and Mitchell had been formed into the Twelfth
Judicial District.
James H. Austin, of Junction City, November 3, 1875, received the unanimous
vote of the district. It then comprised the counties of Riley, Davis, Morris,
Dickinson and Ottawa. Judge Austin, re-elected November 7, 1879, received
1,618 out of the 1,635 votes cast in Riley County.
The Third Judicial District, as re-cast by the Legislature of 1881, is composed
of the counties of Shawnee, Wabaunsee, Pottawatomie and Riley; John T. Morton,
of Shawnee, Judge. The terms of the court for Riley County commence the fourth
Monday of February, the last Monday of August, the second Monday of December.
COUNTY ORGANIZATION.
The Territorial Legislature, consisting of thirteen Councilmen and twenty-six
Representatives, - of which Samuel D. Houston, registered as a farmer, a native
of Ohio, thirty-six years of age, was the only Free-State member -- convened
July 2, 1855, at Pawnee, a little town on the Military Reservation, about two
miles east of Fort Riley, which had been started in the autumn of 1854, by Dr.
William A. Hammond, Capt. Nathaniel Lyon, Robert Klotz, Robert Wilson and
others of Fort Riley, most of them Free-State men. Its growth was rapid, scores
of houses were erected, and hundreds of people settled on the town site. The
Legislature, July 6, adjourned to meet at the Shawnee Manual Labor School in
Johnson County on the 16th, and on the 23rd Representative Houston resigned his
seat. John Donaldson, the Councilman who represented Election Districts Nos. 9,
10, 11, and 12 - Pawnee, Big Blue, Marsville, Rock Creek, St. Mary's and Silver
Lake - July 6, gave notice that he would introduce a bill to incorporate
Pawnee. Governor Reeder vetoed the Act to remove the seat of government from
Pawnee and July 21, in a Message to the Legislature, said "it was in session,
in contravention with the Act of Congress, where they have no right to sit, and
can make no valid legislation". Pawnee, Lecompton, Lawrence, Leavenworth and
Kickapoo were the incorporated cities of Kansas in August 1855.
By order of Governor Reeder, a two-story stone building, 33x6? feet, about 30
feet in height, had been erected for the accommodation of the Legislature. The
Council occupied the upper part, the House the lower part. October 2, 1882, the
walls of the building were standing in good condition, save where a cannon ball
had gone through the west end. There had been a door on each side of the
building; that on the south, the side near the Kansas River, was six feet wide
and seven feet high. There had been no windows in the end of the building, but
a good supply in each side. From July 2, 1855, to October 2, 1882, the roof had
remained undisturbed, but on that day its demolition on the south side
commenced. The roof was shingled with a long shaved oak shingle, the roof
boards, rafters and cross timbers were cottonwood. The structure is within
twenty-five feed of the Kansas division of the Union Pacific Railroad, on the
south side thereof, and in close proximity to the river across which stood
Riley City. This, and an unroofed store building built by Robert Wilson, are
all that remains of what once promised to be the great metropolis of Kansas.
Here Governor Reeder had his two-story log mansion of ten rooms, which was
removed to Ogden, four miles east, and stood opposite the primitive court
building of Riley County in the autumn of 1855. For the ostensible reason that
the city had been built on the Military Reservation, Jefferson Davis, then
Secretary of the War Department, ordered the town vacated, and in September
1855 its inhabitants removed, a few to Riley City, several to Ogden, and some
returned East; several of them thereby were reduced to inconvenient want. Hon.
Robert Klotz, now a member of the Forty-seventh Congress from Pennsylvania, was
Pawnee's hotel-keeper and it is a tradition that his stock of fluids was
usually more ample that that of his solids. Governor Reeder on his way to the
capital city stopped with Mr. Seth J. Childs, whose place was at Juniata, on
the west side of the Big Blue at the crossing on the Government roads. In the
spring of 1855, Governor Reeder commissioned Mr. Childs as Sheriff of the
region of country extending north to what is Marshall County, east to the
Pottawatomie Reservation, south to Council Grove, west to the Rocky Mountains,
as Kansas Territory then extended there. But the Legislature of 1855, on the
25th of August, elected John T. Price Sheriff of Riley County; Clay Thomson,
Probate Judge; Thomas Reynolds and William Cuddy, County Commissioners. The
county as organized took all the territory between Marshall County and the
Kansas River.
At Ogden, Monday, September 17, 1855, the court convened, consisting of Messrs.
Thomson and Reynolds. On the 18th, they made choice of Claiborne R. Mobley for
Commissioner - Mr. Cuddy having never qualified - and John S. Reynolds was
chosen Clerk of the Court.
The First Records. - The journal in which the proceedings of the court
were recorded considering its character, has been very well preserved.
Standing first on the record is the oath of office taken before Judge Thomson,
September 5, 1855, by Commissioner Reynolds, who swears to support the
Constitution of the United States, and "An Act entitled, an Act to organize the
Territory of Nebraska and Kansas, and the provisions of the laws of the United
States commonly known as the Fugitive Slave Act," and to be faithful and
impartial as County Commissioner. This done, the official bonds of the Sheriff
and the Clerk were each fixed at $1,000; the Treasurer's, Coroner's and
Constable's at $500 each. Governor Shannon, October 15, 1855, commissioned C.
R. Mobley as County Commissioner, Samuel Dean as County Treasurer, F. C.
Sonnomaker as Coroner, and A. A. Garrett and L. B. Perry as Justices of the
Peace, and this is made a matter of record. The first financial transaction
recorded is as follows: "Ordered, that the account of R. D. Mobley, amounting
to thirty-four dollars, for services rendered the county, be allowed, and issue
a warrant therefor (sic)."
LOCATION OF COUNTY SEAT AND COUNTY BUILDINGS.
February 18, 1856, the Commissioners made the following order: "That until the
court house be erected in the county-seat of Riley County, the courts of said
county are to be held in the town of Ogden, and we will rent a house belonging
to C. R. and R. D. Mobley at a stated sum per month." This building stood on
the south side of Riley Street, in Block 19, the cellar over which it stood
being visible in 1882, the walls of which remain, and west of which stands a
large cottonwood that will mark its site. The house was a small, cheap wooden
one, illy contrasting with the Reeder mansion across the street.
Some business for the county seems to have been transacted at the hamlet of
Riley City, a place south of the Kansas River, not far from Fort Riley, for in
the following journal entry for March 25, 1857, stands recorded: "The County
Commissioners went to Riley City this day and brought from there the secretary,
table, seals and what records they could find, and deposited them in the
Clerk's Office."
The Probate Court had been held in a log-house at Ogden, owned by Lemuel
Knapp. It was fourteen feet square and nearly minus windows. But June 1, 1857,
an agreement was made with J. U. Parsons to lease his most easterly house, on
Riley Street, for the purpose of holding Probate and County Courts, at $12 per
month, payable every three months.
Preparatory to a vote on the permanent establishment of the county-seat, four
Election Precincts were established September 21, 1857, viz: - Randolph
Manhattan, Ogden and Montague. At the election on October 5, the vote for Ogden
was Randolph, 9; Manhattan, 8; Ogden, 158; Montague, 23; total, 193. For
Manhattan, Randolph, 11; Manhattan, 127; Ogden, 3; Montague, 21; total, 162.
Majority for Ogden, 31. A belief that fraud had been practiced at Ogden existed
so strongly in the minds of the citizens of Manhattan, that they delegated John
Pipher and W. M. Snow to go to Lecompton and obtain some remedy at the hands of
the Territorial Governor, but he refused to do anything in the matter. Then the
examination of the tally-sheet was the next thing attempted, but the officers
in charge of it refused to have it examined. But Esquire Pipher summoned Lemuel
Knappp before him at his court in Manhattan, to give testimony concerning the
names of minors and soldiers at Fort Riley on the list, and through him mainly
it was established that there had been over fifty illegal votes cast, which
established Manhattan as the shire town for Riley County.
Daniel Mitchell, who had been County Clerk for nine months, a most efficient
officer, resigned his office, December 12, 1857, and was succeeded by Dr. J.
W. Robinson, of Manhattan. December 10, Judge Westover ordered that the books,
papers, stationery, furniture and all chattels belonging to the county, be
delivered into the hands of the Sheriff, subject to the order of the Probate
Court. On the 11th, the Sheriff made the following return:
"The within has been duly served. Did not get the books on account of the
Clerk being under bonds not to give them up. He came to see the Judge.
D. A. Butterfield, Sheriff of Riley County."
Dr. Amory Hunting, one of the County Commissioners, on December 14, deposed and
said that on December 12, he as one of the Commissioners received the
resignation of Daniel Mitchell, Clerk of Riley County, and recovered from him
sundry books and papers, and things belonging to the county. Six or more men
assaulted him and Judge Westover, and they thereby embezzled the said county
property. The Sheriff having a search-warrant for said property, made this
return:
"The within has been duly served by bringing county-seals, desk, table,
three blank books, two small blank books and inkstand. Papers and documents on
file not found.
D. A. Butterfield, Sheriff of Riley County." December 14, 1857.
The following preamble and order was adopted, December 21, 1857, at the first
Commissioners' meeting held at Manhattan: "WHEREAS the Commissioners in and for
the County of Riley, in the Territory of Kansas, have neglected and refused to
cause to be erected or otherwise procure suitable court house for the holding
of the courts in and for the said county, THEREFORE be it ordered that the
Probate Court be holden in the Hoar Building, in the city of Manhattan, during
the remainder of the December term of said court, and until other suitable
rooms can be erected or otherwise be procured for the holding of said court and
for the office of the Clerk of said court."
June 1, 1858, the following journal entry was made: "Ordered that the Clerk be
authorized to purchase of West, James & Strouse, of Kansas City, Mo., the
building and lot in the First Ward of the city of Manhattan, known as the
Scammon Building, for county purposes, provided a good and sufficient title can
be obtained, at an amount not to exceed $600, payable in county bonds in twelve
months, with or without interest, as said Clerk may elect." August 16, 1858,
the Clerk was authorized to issue specifications and call for proposals for
building a county jail of stone, 14x20 feet, with walls eight feet in height,
and to rent of Robert Wilson four rooms in the east end of the Barnes' Building
on Poyntz Avenue for the use of the county officers, at a rent not to exceed
$60 per annum. November 8, 1858, Andrew J. Mead received $45 for four and
one-half months' rent of a stone building for District Court purposes. The
Scammon Building was destroyed by fire, August 23, 1859. The Barnes' Building
in 1882 stood at the foot of the north side of Poyntz Avenue, by the railroad
track, was occupied as a dwelling, and the lettering on it "Cheap Cash Store,
Groceries, Rope, etc.", indicated the purposes for which it had been used, and
it remains as an "ancient land mark" of Riley County.
The following was an order of May 31, 1859: "That a county jail be erected
immediately, 18x24 feet, of stone, and that the Chairman and Clerk be appointed
a committee to receive proposals for building the same on the court house lots,
provided the same can be done for county bonds, payable in six months, bearing
ten per cent interest." July 5, 1860, in noticing some complaints emanating
from sundry tax-payers, the County Board declared: "That the purchase of the
court house and lot, and the building of the jail are legal and legitimate
transactions; that the laws of the Territory make it obligatory upon the county
to pay its court expenses in criminal cases as well as in others; therefore we
recommend the tax-payers of the county, as law-abiding citizens to bear the
burdens for the present year." January 12, 1861, it was ordered: "That the
Chairman of the Board and the County Clerk be a committee to sell the wood
building standing near the jail, provided the same can be sold for not less
than $300; if it cannot be sold, to receive proposals for repairing said
building in a suitable manner for county offices." July 2, 1861, the "Old Court
House" was sold to Lewis Kurtz for $300.
April 9, 1862, the following order was passed: "Ordered that the building now
occupied for county offices be vacated on or previous to the first day of May
next, and that the Chairman and County Clerk be authorized to lease from J. E.
Hibbard for the use of the county the stone building now occupied by him, on
Poyntz Avenue, for one year, at a rent not exceeding $75 per annum." November
10, 1865, on a vote to loan $15,000, for the purpose of erecting county
buildings, the vote was 150 for the loan, and 140 against the loan. Douglas
County boarded Riley County prisoners in 1866 and 1867, and received about $750
therefor. (sic)
At an election held April 20, 1867, on Jail Bonds, the vote was 262 for, and 46
against. Jacob Winnie had the contract for building the jail for $10,441.33.
The jail was located near the southeast corner of the Public Square, 40 feet
from the east side and 50 feet from the south side of the Square. The area of
the Square is about three acres. The building is 40x50 feet. It contains eight
cells, which are detached from the outer walls with hall extending around the
cells. The cells are 6x7 feet, and seven and one-half feet high. The jail-yard
in the rear is 20x23 feet. The County Board voted bonds to the amount of $8,000
for these cells and appurtenances, and they were sold to George W. Higinbotham
& Co. for sixty-seven cents on the dollar. In front of the cells is an open
hall, on each side of which are two good sized rooms, which are occupied by the
Sheriff as the home of his family. In the upper story are two jury rooms, one
on each side of the hallway. The hall enters a fair sized court room, furnished
in a manner not at all extravagant.
At the southeast corner of Third Street and Poyntz Avenue, the County Clerk
and County Treasurer occupy a commodious room, rented for $2?0 per year. Lower
down on the same side of the avenue, the County Attorney's office is that of
Spilman & Brown, rented for $60 per year. In the block east, the County
Superintendent has an office at the same rent. The Register of Deeds and Judge
of Probate occupy a frame building belonging to the county, on lot 197, Poyntz
Avenue, and the Clerk of the District Court has an office in a brick building
on lot 193, Poyntz Avenue, for which the county pays a rent of $60 per year.
The Coroner has his physician's office nearly opposite. The offices are
supplied with necessary safes. The county jail is one of the best in the State.
|