-&^ LIBRARY OF CONGRESS. y&\ — -^ UNITED STATES OF AMERICA. ^ THE NORTHERN TIER OR, Life Among the Homestead Settlers iU,"-:c.OA--- Jeff. Jenkins. ic r^ TOPEKA, KANSAS: GEO. W. MARTIN, KANSAS PUBLISHING HOUSE. 1880. Copyright, 1880, by E. J. Jenkins, Concordia, Kansas. TO SOL. MILLER, The Pioneer Editor op the Kansas Chief, "MY GUIDE, PHILOSOPHER, AND FRIEND," Whose keen observation of Men and Measures, and whose Gifts TO Freedom, Friendship and Fun, through the columns OP the Chief, enlivened so many Households during the many years succeeding the First Settlement of Northern Kansas, THIS BOOK IS GRATEFULLY DEDICATED, BY THE AUTHOR. PREFACE, A prudent writer douhtlcss hesitates Ijefore publishinj^ his first book. The apprehension of criticism, the (lou])t of ability to meet the demands of the reading pul)lic, and the harrowing thought that the manuscript may be con- sidered as trash, are some of the reflections of the author as he arranges the chapters for pul)lication. A desire to preserve in permanent form some of the memorable scenes and incidents that transj)ired during my observation of the first settlement of Northern Kansas and the homestead region, was the motive (.)f the author in writing the following pages. These sheets were written during the interval between office liours, while I was engaged in the arduous duties of Receiver in the U. S. Land Office; and aware of defects, I trust this apology will be received kindly by friends among the early settlers, who I hope may be able to find something to interest and amuse them in these pages. Many of the incidents related came under my own observation ; but I am indebted to others for much information, to whom I have endeavored to give credit in the proper place. THE AUTHOR. Concordia, Kansas, January, 1880. CONTENTS CHAPTER 1 Northern Kansas. CHAPTER 2 The Northern Tier. CHAPTER 3 Town Sites and Newspapers. CHAPTER 4 Fishing and Hunting about the Tarkio. CHAPTER 5 Samp Nodkins. CHAPTER 6 Northern Kansas Birds. CHAPTER 7 The Rhpublican Land District. CHAPTER 8 The Sermon. CHAPTER 9 Holding Court. CHAPTER 10 Scenery of Northwestern Kansas. CHAPTER 11 In the Land Ofeice. CHAPTER 12 The "Dug-Out" and Wedding. CHAPTER 13 The Homestead Region. CHAPTER 14 Lew Cassil, the Trapper. CHAPTER 15 CuNO Van Tansy. CHAPTER 16 Staging. THE NORTHERN TIER. THE NORTHERN TIER. CHAPTER 1. NOKTHERN KANSAS. Kansas! — the land of cottonwoods, grouse and good things; the land of ambrosial springs and Indian summer autumns; the land that secured the coronet of stars through difficulty — has a history, all of which has not been written. The graphic pen-pictures by Richardson, the statistical "An- nals" by Wilder, the characteristic details of border life by a number of authors, and the various contributions to the magazines and newspapers, constitute a history of value for future generations seeking facts in relation to the vicissitudes, hardships and persistence of the early settlers, while strug- gling to preserve the Territory and State from the doom of slavery. Journalists have speculated as to the route and terminus of Coronado's march ; and have vividly described the exploits (9) 10 THE NORTHERN TIER. of Lane, Old John Brown of Osawatomie, and others along the southeastern border of the State, from the time of the erection of the first cabin on the town site of Lawrence down to the adoption of the Wyandotte constitution. They have portrayed the valor and fidelity of the men and women who, individually and collectively, were determined to have insti- tutions and laws unsullied by human slavery. ' To such de- scriptions have been added striking accounts of their physical and moral courage, exhibited under the most difficult circum- stances, which constitute a history of interest and value for the posterity of the pioneers in those stirring times. But the scenes and incidents in and about the camps, camp- fires and cabins of the early settlers of the " Northern Tier," and the frontier life of the "homestead settlers'^ of North- western Kansas, as yet form a part of the unwritten history of the State. The gold excitement in California in 1849 left its imprint in Northern Kansas, in the form of a well-beaten wagon-trail from the Missouri river along the "divides" to the Big Blue river, at a point where Marshall afterwards founded the village of Palmetto, the name of which was sub- sequently changed to Marysville. The long trains of covered wagons wended their devious way over the plains, starting the deer and antelope from their covert, watched by the vigi- lant eye of the cowardly coyote from adjacent ridges. The NOBTHEBN KANSAS. 11 lowing of oxen and the camp-songs of the drivers disturbed the monotony of that wild waste of undulating territory. The wayside graves still mark the last resting-places of the less-fortunate adventurers, who had left home and kindred in the East to seek a shadowy fortune in the El Dorado of the West. The country through which this trail led from the Missouri river to the Big Blue, subsequently defined and named as the counties of Doniphan, Brown, Nemaha and Marshall, with a landscape of surpassing beauty stretching away as far as the vision extended, limited by the horizon or the timber skirting the small streams, fed by springs of pure water, induced the immigrants and first settlers to designate that region as the "garden spot of the world." The average California immigrant of 1849, after crossing the Missouri river at St. Joseph, seemed to exist in a world of his own, and all his former fancyings of fun and fast life on the plains gradually assumed the aspect of stern reality the farther he advanced from the settlements. That part of the route from the Missouri river to the Big Blue, being less exposed to the danger of lurking savages than the trail fur- ther westward, the immigrants realized their anticipated pleasure to the fullest extent in the chase after game during the day, and with jokes, anecdotes and hilarity around the camp-fires at night, while the blue smoke ascended in spiral 12 THE NORTHERN TIER. wreaths from their new brier-root pipes. If any had regrets at leaving their sweethearts or their boyhood haunts about the old homestead, with transient depression of spirits or homesickness, they were soon dispelled by the jests of their companions, or the sudden crack of the sentry's rifle, aimed at the thieving coyote whose voracious appetite tempted him to reconnoiter the camp. Many are the romantic stories of adventure that transpired along that grass-grown trail. It was crossed at right angles in the western part of Brown county by what was known as Jim Lane's Road, traveled by Lane, Old John Brown of Osawatomie and others for a nobler purpose — guiding the hunted and harassed fugitive slaves to freedom, and return- ing with Free-State men, who dare not cross the State of Missouri, and who sought free homes on the wide prairies of Kansas, which had been consecrated to freedom by the battles of Osawatomie and Hickory Point. AYhen the fugitive slave had crossed the old " California trail,'' the dim outlines of the timber skirting the Nemaha, near the Nebraska line, met his vision at dawn of day, after a night of weary travel and con- stant alarm, beyond which he saw freedom, and "The thought, when admitted to that equal sky, His unsold children would bear him company." That old road is a part of the history of Kansas, and has NORTHERN KANSAS. 13 been truly described by Maj. Morrill in his admirable pam- phlet on the history of Brown county. That old California trail is a trail of the past, having long since been defaced by the plowshare, and the onward march of civilization has driven the buffalo, deer and coyote from the adjacent country. Instead of the howl of the wolf and the camp-songs of the California immigrants, are heard the church and school bells, and the songs of husbandry and the hum of machinery accompany the labors of a free and happy people. When old Wathena had lived out his allotted time, his paraphernalia, trophies and traps had been checked for the "happy hunting-ground," and the remnant of his tribe had taken up their abode on the Kickapoo Reserve; when the Otoes and other blanketed tribes of the plains had been cor- raled on reservations, and the Kansas-Nebraska bill had be- come a law, immigrants from nearly every State in the Union rapidly settled in Northeastern Kansas. Log cabins in the timber and "dug-outs" on the prairie sprang up, with occa- sionally a more substantial structure, the proprietor of which possessed a little more of the necessary means to make him- self and family comfortable in a new country. In addition to the farmers, merchants and mechanics, the other indispens- able auxiliaries of a new settlement came — circuit riders, 14 THE NORTHERN TIER. school teachers, doctors, lawyers, and those degenerate satires upon truth and honesty, excrescences hanging to the verge of the legal profession, commonly called pettifoggers. A celebrated English writer says: "The land is the mother of us all; nourishes, shelters, gladdens, lovingly enriches us all/^ I might add, when we have no further use for its ger- minating power, and have done paying high taxes for the use of and privilege of owning it, the land kindly receives us beneath its surface, to be undisturbed by contending forces in the ranks of war, the pursuits of enterprise, the allure- ments of avarice, or the peaceful avocation of agriculture. The inherent desire to own and occupy a quarter-section of land, whether hereditary or transmitted from the customs of ancient aristocracy, induced the young and middle-aged who were landless to immigrate to Kansas with a view to secure land and a home, under the preemption law of 4th September, 1841. Their vision of a new country was mag- nified by imaginary guide-posts to fortune, with less labor, fewer hardships and more pleasure than accompany a home in the older States. The boundless prairie constituted, to the sanguine mind, nature's extensive pasture as the ruminat- ing ground for "cattle on a thousand hills;" and the prairie sod was supposed to be as easily overturned as the green- sward of red-top and clover in a field in the older States NORTHERN KANSAS. 15 that had been cleared and cultivated for half a century. The fact that it required to break prairie three or four yoke of oxen, with a plow the beam of which would make a half- cord of stove-wood, with iron fixtures sufficient to make a respectable cow-catcher for a locomotive, did not occur to the mind until instilled into it by experience. The family usually arrived in a covered wagon containing the family furniture and bedding, among which the small children alternately played and slept during the journey, while the large boys and girls drove the cows and calves, the house-dog bringing up the rear. A hastily-improvised chicken-coop was attached to the rear end of the wagon-box, from which the heads of the poultry protruded, manifesting a desire for freedom by their restless movements and incessant cooing and cackling. Each immigrant wagon contained its youthful Nimrod, generally the first-born, who had listened to the fireside hunting stories of his grandfather, or perchance had read the wild life and adventures of Boone, Wetzel, Ken- ton and others, until he imagined himself a hero, capable of defending the future Western home against the incursions of Indians, besides supplying the family with game. His hunt- ing exploits had been confined to squirrel-shooting in the beech-woods of Indiana, or oak groves of Ohio, with the periodical coon hunt, or to extracting the sullen woodchuck 16 THE NORTHERN TIER. from his ancestral home in the rocks, the moss-grown log- heap or stone-pile in the meadow or woods pasture. He had spent hours brightening the old rifle, and had arranged his hunting paraphernalia as carefully as a trapper and hunter would preparatory to spending a winter in the wild passes of the Rocky Mountains. The initiatory steps to secure a tract of land were, to lay a foundation, with four logs, for a cabin, and hie away to the land office, then at Doniphan, and file a declaratory statement of intention to preempt the tract, which secured to the settler an inceptive right, the consummation of which required that he should reside upon, cultivate and improve the same for a period of twelve months; then pay one dollar and twenty-five cents per acre, and receive a patent from the Government. During the interval between laying the foundation and fin- ishing the cabin, the family prepared their meals at the camp- fire, and slept in the covered wagon or a temporary tent prepared for that purpose. If this scene had its wild appearance, attended with hard- ships, it also had its attractions and picturesque beauties. The fertile soil awaiting development, covered with nutri- tious grass and beautiful wild flowers; the whirring of the prairie-chickens or grouse as they arose out of the tall grass and sailed away with their free flight to an adjacent ridge; NORTHERN KANSAS. 17 the shrill whistle of the curlew and plover; the gobble of the wild-turkeys in the timber skirting the streams; the familiar notes of the lark, robin, jay, and other of nature's songsters, possessed attractions for every member of the family. The prospect of a home unburdened with rent and unincumbered with debt and mortgage; the future prospect of schools and "Churches, and the noble impulse to establish the nucleus of a civilization unsullied by human slavery, in which the health- ful breeze would fan the brows of a free people, served to -dispel the otherwise gloomy outlook. The conveniences and comforts of life being necessarily limited, induced the sanction of those social and neighborly customs adopted by the first settlers of the Middle and Western States during the first quarter of the present cen- tury. Their limited means would not permit social enter- tainments on the scale of the Knickerbockers, in former times, on the shores of the Hudson; but the traditional friendship and unrestrained hilarity that prevailed in the log cabins of fifty years ago, in the then frontier settlements, were fostered and encouraged by the first settlers of Northern Kansas. The cold rules and artificial lines of polite society were ignored. Visiting among the women and spontaneous gatherings of the men were pleasant occasions, at which their wild surroundings and future prospects were discussed, serv- 2 18 THE NORTHERN TIER, ing the two-fold purpose of affording mutual aid and confi- dence, and of banishing any lingering regrets at leaving their homes in the East. Camp and basket meetings among the pious, and dancing-parties for the young people, served to dispel the gloomy forebodings of the future, or the lingering pangs of sorrow and disappointment having their root in the past. Corn-huskings, "quilting-bees," and the snow-bound Christmas party, were heralded as events of hilarity and pleasure by the inmates of every household. At early dawn on Christmas morning the salute of firearms at the bed-room window of the lazy, late-sleeping farmer, by his more ener- getic, vigilant neighbor, was the signal for bringing forth the "little brown jug,^^ with the repetition of the adage, "It is the early bird that catches the worm," or the more patriotic expression, "Eternal vigilance is the price of" — a Christmas dram! Economy and frugality were more a matter of necessity than choice, and the rustic culinary genius who presided over the kitchen department often was compelled to divide the component parts of a meal with exact calculation, to make it last as long as possible. At one time, in a certain community, for several weeks, there was but a single piece of pork in the neighborhood, which was used alternately by each neighbor with which to cook beans and other vegetables, passing from NORTHERN KANSAS. 19 one to the other, until it became ^^rich with the spoils of time," a sad relic of what originally would have constituted a square meal. The wearing apparel of the pioneer's family- indicated strict frugality, and "home-made" clothing, hastily improvised from grain sacks by an expert housewife, often decorated the person of the boys. In fact, it was an excellent opportunity to wear out old clothes that would have been discarded in older society. As the settlers were practically equal and mutually de- pendent, there was little cause for that envy, jealousy and selfishness which cause a large portion of the unhappiness in older communities. The log cabins and board shanties, though rude in architecture, sheltered as noble hearts as ever beat beneath costly vestments in palatial mansions, and, to use a common Western expression, " The latch-strings of the cabin-doors hung upon the outside," emblematic of the gen- uine charity and hospitality found within by the traveler and stranger. Those who are accustomed to refinement and plenty in the older States, doubtless would conclude that there was little happiness or pleasure in such a state of society. But aside from the political feuds growing out of the attempt to estab- lish slavery in the Territory, and the persecution of the Free- State settlers by daring and desperate men from the border 20 THE NORTHERN TIER. slave States, the occupants of those log-cabins were among the happiest of mankind. The story, the joke, the song and the laugh were never better enjoyed than in the cabins and around the camp-fires of the first settlers of Northern Kansas. Roast turkey, venison, and the delicious prairie-chicken, never tasted better than when prepared beneath the sod roofs of the primi- tive cabins that dotted the " Northern Tier." The horseback ride over the prairie through the grass, hunting the cattle in the evening, guided by the distant tinkling of the cow-bel) ; the chase after the cowardly coyote; halting for a moment to look at the beautiful sea-like mirage growing less distinct as the sun disappeared behind the west- ern plains; while flocks of wild-geese and brant rose scream- ing from the fields, and sailed away with geometric regularity to the sand-bars and eddies of the Missouri — were experiences of daily life at certain seasons of the year, that for pleasure were scarcely surpassed by the halcyon days of my boyhood labor in the sugar camp, and the rambles through the dear old woods of the Buckeye State. While danger and hardships surrounded the settlers, still happy scenes of pleasure, like the bright beams of the morn- ing sun dispelling the gloom of night, pervaded every house- hold; and that hope for a bright future, that "springs eternal in the human breast," kindled a noble impulse to consecrate NORTHERN KANSAS. 21 this beautiful land to freedom and Christianity, and establish a higher civilization. The sun-burned settler, clad in his home-made raiment, sat upon the inverted water - bucket, block of wood, or rude puncheon bench on the green-sward, beneath the shade of nature's canopy, and worshipped the Divine Being as devoutly, piously and acceptably, while lis- tening to the expounding of the scripture by an itinerant minister from a wagon-box for a pulpit, as the gaudily- dressed millionaire in Tremont Temple. That the settlers laid enduringly the foundations of a high civilization, with liberty and equality before the law, is manifest from the prosperity with which our progressive young commonwealth has been blessed. There is one spot in the Northern Tier that deserves more than a passing notice, and should be sacred in the memory of the members of the "mystic tie." In the northeast part of Doniphan county is a high hill or ridge, from which a fine view extends far up and down the Missouri river. On the summit of this hill, in 1854, was a beautiful oak grove, where, in the summer of that year, Smithton Lodge, No. 1, of Free Masons, was organized. It was the first lodge organized in the Territory. An Indian trail led through or near this grove to Smith's trading-post in the valley below. In the autumn of 1854 I passed over that trail, and well remember 22 THE NORTHERN TIER. my admiration of that grove of trees at the time, but was not aware until some years afterward that the ceremony establish- ing Masonry in Kansas was performed there. The only sur- vivor of those who were present at that organization, residing in Kansas, to my knowledge, is the venerable Daniel Van- derslice, now living near Highland. He being the only one who can designate the exact spot where the ceremony was per- formed, it occurs to me that it would be proper, ere he passes from earth to a higher life, for the grand and subordinate lodges of the State to erect a small monument there, inscribed with the name and number of the lodge, and date of organi- zation. If the beautiful trees are still standing, doubtless a small portion of the ground could be purchased. It would be emblematic of a scene coincident with the first settlement of the Territory, of which every member of the order in the State might well feel proud. CHAPTER 2. THE NOETHEEN TIEE. That portion of JSTorthern Kansas familiarly known as the '^^ Northern Tier'' presented, during its first settlement, rare scenes of rural loveliness, from the Missouri river to the Big Blue. I have passed over that country in the spring and in autumn, during those early days. In the spring the grass was pushing its green blades from the warm soil; the elms and other trees along the streams were flushed with fragrant buds just bursting into leaflets; the wild plum bushes were whitened with beautiful blossoms, and countless lovely wild flowers decorated the banks of the streams and ravines. The robins, thrushes and jays flitted among the branches, and the rabbits skipped along the cow -paths. Musquito creek, in Doniphan county, where the old California trail crossed it, Wolf creek and Walnut creek, in Brown county, the Nemaha, in Nemaha county, and the Vermillion, in Marshall county, were beautiful timber-bordered streams in those early days in spring-time. Other smaller streams were equally attractive to the lonely traveler. (23) 24 THE NORTHERN TIER. The bluffs and bottoms along the Missouri were heavily timbered before the woodchopper's ax and saw-mills made sad inroads in nature's groves. Thickets of plum bushes and hazel grew along the narrow bottoms and at the foot of the bluffs, in which the wild-turkeys built their nests, screened from view by the rank growth of wild flowers and foliage. The fox-squirrels leaped from branch to branch, or spent their summer mornings building their fragile houses of leaves among the branches of the stately elms. How I admired a ramble along those bluffs and table-lands in that early time, in search of the truant milch cows, the only guide to their shady retreat the tinkling of the cow-bell! In autumn, the wild grapes hung in clusters from the straggling vines; the frosted leaves, loosened from the stems, fell from the branches, or floated away at random, borne by the breeze; the walnuts dropping to the ground; coveys of quails rustled among the leaves as they hastened in single file to the nearest thicket of bushes; and the distant drumming of the ruffed grouse, re- minded one of '^ Gay's rural sports." The oldest permanent white settler in the "Northern Tier" was the Rev. S. M. Irvin, who came to Doniphan county in the spring of 1837, and took charge of the Indian Mission two miles east of the town of Highland. He crossed the Missouri river where St. Joseph now stands, then an Indian THE NORTHERN TIER. 25 trading-post, owned and kept by Joseph Robideaux. At that time the Kickapoo Indians owned about half of the land now embraced in Doniphan county, and the lowas and Sacs and Foxes the other half. The villages of the Kickapoos, at that time, were near where Fort Leavenworth now stands; and the villages of the lowas and the Sacs were near the mouth of Wolf river, in Doniphan county. The Atchison & Ne- braska Railroad passes very near where they stood. The Mission building was completed the same year (1837) that Mr. Irvin came, and the Mission continued under his manage- ment and control until after the Indians relinquished their claim to the land, in 1853. When Mr. Irvin came to the Mission the Indians were barbarians, and the impression made upon them by instruc- tion and kind treatment at the Mission at first seemed to be but slight; but they in time became half-civilized, and have quit the chase and war altogether, and now live by farming and raising stock. Thus it will be seen that much good was done by the Mission, and to Mr. Irvin belongs that credit as the representative of the society that undertook the work. He composed and had printed in the Indian language a small grammar for the use of the Indians whom he was instructing^ a copy of which I believe is now among the treasures of the State Historical Society. 26 THE NORTHERN TIER. He must have led a lonely life, far from white settlements, during the long years of his labor at the Mission, surrounded by a blanketed tribe of aborigines, whose only pursuits were the chase and war with other tribes ; whose signal of pleasure was the war-whoop, their recreation the war -dance, and their wigwam trophies the scalps of their enemies. Mr. Irvin exerted an influence over the Indians that still exists among the present remnant of the tribe on their reservation, and he is doubtless more familiar with the traits of Indian character than any man in the State. I trust he will yet give to the world that knowledge he acquired by his long service among the Indians, as a part of the unwritten history of the State. Out of the Mission grew the Highland University, an in- stitution of learning at Highland that has been an ornament to the town, and of great benefit to the surrounding country. The town of Highland was selected as a literary point, and its healthful location, beautiful surrounding scenery and lovely landscape stretching away in a level plain on either side, dotted here and there with beautiful groves of timber, have proved the wisdom and judgment of those who chose that spot for the University. The excellent moral society in and about Highland, the enterprise of the people, the handsome residences, the well-improved farms surrounding the town, the THE NORTHERN TIER. 27 evidences of taste and neatness, the refinement and culture of the people, their genuine hospitality to strangers and visitors, and their worthy example to the students, make Highland an attractive place for those who desire a classical education. Closely identified with the early history of the Northern Tier was the establishment of the line between Kansas and Nebraska. The 40th parallel was established by Capt. Thos. J. Lee, of the Topographical Engineer Corps, U. S. A. His observations to establish the parallel were made on a sand-bar or beach on the east bank of the Missouri river, in the autumn of 1853; from which point John P. Johnson, now of High- land, fixed the initial or starting point on the west bank of the Missouri river, where he planted an iron monument. From this point he surveyed the line from ninety to one hundred miles west, erecting monuments of earth or stone. About the same time, Daniel Vanderslice was establishing the boundary lines of the Iowa and the Sac and Fox reservations. Vanderslice was an Indian agent, and his surveyor took observations on Roy's creek, and fixed the 40th parallel within a rod of the line surveyed from the iron monument west. There were three lines run a distance of thirty-two miles west, all close together. The line run by order of Mr. Vanderslice was the first that was surveyed, which, after passing through the new Iowa reservation, 28 THE NORTHERN TIER. formed the southern boundary of the Sac and Fox reserva- tion. The line run by Johnson was a little south, and the line that was finally adopted was very near the line run by Mr. Vanderslice. These lines all came in contact with each other, and Mr. Johnson continued the main line for ninety miles west. In running that line, the men under the employ of Mr. Johnson had rare sport. The timber along the streams abounded with wild-turkeys, and deer were numerous on the prairie; and as the men gathered around their camp-fires at night, they feasted on roast turkey and venison, and spent many pleasant evenings in story-telling, singing songs of by- gone times, and in the usual rollicking, fun-loving manner that attends camp life on the prairie. Mr. Johnson still resides at Highland, and can relate many amusing incidents that transpired during that survey. Mr. Vanderslice, though aged, still retains a distinct recol- lection of the scenes and incidents of those early days, and his labor in establishing the boundary lines of the Indian res- ervation, the incidents attending his agency, and the first set- tlement of that part of the State. An hour spent with the old gentleman discussing those early times is an hour of gen- uine pleasure. The report of the expedition of Lewis and Clarke up the Missouri river describes the headlands, promontories and THE NORTHERN TIER, 29 beautiful scenery that still existed within the boundary of what is now Doniphan county when Mr. Irviu assumed his duties at the Mission. Though surrounded by the untutored aborigines, his lonely hours were made pleasant by the con- soling reflection that he was performing a great moral duty in his endeavor to instruct the wild inhabitants of the plains ; while his admiration of natural scenery was gratified for long years by the most beautiful landscape, which he has been per- mitted to live to see subjected to cultivation, and transformed into fields of grain and orchards of beauty. Hence, when the Kansas - Nebraska bill became a law, and immigrants began the erection of their cabins within sight of the old Mission, Mr. Irvin was rejoiced by the evidences of civ- ilization, and rendered material aid in making the settlers comfortable, and assisted in developing the country. His in- valuable services in establishing educational, moral and reli- gious society in that early settlement in and about Highland, secured for him the high esteem in which he is held by the people — the greatest earthly reward in his declining years for a long and well-spent life. The period from 1854 to the close of the war was an eventful one for the Northern Tier. Seventy miles of river border bounded Doniphan county, only separated from the State of Missouri by the Missouri river; while Lane's trail 30 THE NORTHERN TIER. for the exit of fugitive slaves and for the arrival of Free- State settlers crossed the western part of Brown county. The anxiety of the settlers during those long years of doubt and distrust was at length dispelled by the establishment of peace, and enterprise soon secured prosperity and a progressive civ- ilization. Since the State has been dissected by railroads, it has be- come a matter of historical interest to know in what locality the first railroad was constructed. The first locomotive that ever blew a whistle on Kansas soil was on the Elwood & Pal- metto Railroad, on the 4th of July, 1860. The name of this road was subsequently changed to the St. Joseph & Denver City Railroad. The eastern terminus was at Elwood, oppo- site St. Joseph. M. JefiP. Thompson, of St. Joseph, was president, and having graded the road nearly to Troy, and laid down the iron to Wathena, a distance of four miles from the Missouri river, on the 4th of July, 1860, a locomotive and coach conveyed an excursion party to Wathena. The early settlers of Elwood and Wathena well remember the wild excitement and enthusiasm over the marvelous event of seeing the locomotive speeding westward through the dense forest on the wide bottom between Elwood and Wathena, conveying the first excursion party on the first railroad track built in Kansas. My memory traverses the past to a vivid THE NORTHERN TIER. 31 recollection of that occasion, when I cut short a 4th-of-July oration at the village of Columbus, and with a party of friends on horseback galloped across the hills to Wathena to witness the excursion party arrive at that town. I had the pleasure also of witnessing the ceremonies attending the lay- ing of the first rail in Atchison on the Atchison & Pike's Peak, now the Central Branch U. P. Railroad ; but as there are abler pens than mine within the limits of that enterpris- ing city, I leave the history of its growth and prosperity to them. Another feature of enterprise in the early times was a small steamer that plied between the village of Bellemont and St. Joseph, upon which many pleasant boat-rides and excursions were had. During the war, of the sixteen gallant regiments Kansas furnished to battle for the perpetuity of the Union and the Government, the "Northern Tier'' furnished a large propor- tion, and many of the survivors of those different regiments are now among the thrifty farmers, mechanics and merchants of Northern Kansas. At their country's call they periled their lives in its defense, and upon the return of peace threw aside the trappings of martial array to assist in developing the fertile plains of Kansas. As their services in time of war form a material part of Kansas history, so their industry 32 THE NORTHERN TIER. and enterprise in time of peace afford the best evidence of the stability of a republican form of government — evidence that the people in time of danger will volunteer to defend their country, and when peace returns, retire from the mili- tary ranks with honor, to the pursuits of agriculture and the various avocations that tend to develop the resources of the nation. Nature did a good work for Northern Kansas when she made the soil, and checkered it with meandering streams of pure water, and covered the ground with nutritious grasses. The climate, though variable, is one to be admired. The vernal beauty, enlivened with refreshing showers and sun- shine; the heat of summer moderated by salubrious, pleasant breezes; the mild, hazy days of autumn, with the absence of rain during winter, and an invigorating atmosphere, make the climate healthy and inviting. The hot winds and occasional drouths that were observed before the country was settled are thiugs of the past. Settle- ment and cultivation, with tree-planting, have removed the cause. Before the prairie-sod was turned with the plow, a large portion of the rain that fell flowed into the ravines and streams, and but little penetrated the soil. In a few hours the sun-dried earth contained no moisture to create vapor; hence the long intervals that elapsed without rain. Many THE NORTHERN TIER. 33 of the small creeks and ravines that were then dry, except -during a fall of rain, have since become streams of running water, and springs are found in localities where water was not discovered when the country was first settled. The cause is the fact that, after the prairie-sod was broken, a large por- tion of the rain that fell penetrated the ground. This I have •observed in Northern Kansas, and it is doubtless true in other portions of the State, where settlements have existed for a few years. The cultivation of fruit and forest trees •doubtless contributes materially to the increase of rainfall; and when prairie-fires cease, and the land is cultivated and trees are planted, hot winds and drouths will entirely cease. When Northern Kansas was first settled, it was feared by the settlers that fruit-raising would be a failure, but after the soil became cultivated fruit trees flourished, and no better fruit is raised in the United States than in Northeastern Kansas. 3 CHAPTER 3. TOWN SITES AND NEWSPAPERS. The desire to speculate in town lots induced the laying-out of some fifteen town sites along the Missouri river, within the boundary of Doniphan county, and a number in Brown county ; and the dilapidated remains of Geary City, Palermo, Elwood, Bellemont, Columbus, Charleston, Lafayette, and other towns in Doniphan county, once embryo cities, are the relics of lost opportunities for greatness, transmitted to us on the elaborate delinquent tax-rolls of the county, or through the indulgent and loose legislation of the law-making power by which the streets and alleys have been vacated, and the sites changed into small farms. Those were stirring days when these now defunct villages were in a flourishing condition, the price of town lots ad- vancing, swapping horses an inalienable franchise, and assault and battery the code of honor. Each of those villages, being the head center of a township (except the townships that con- tained more than one village), had a justice of the peace and constable, and one or more pettifoggers who volunteered to conduct all the cases brought by parties, besides inducing (34) TOWN SITES AND NEWSPAPERS. 35 people to bring suits for every imaginable grievance, until the practice before justices of the peace assumed such propor- tions that the lawyers were often called from the county seat to meet and combat the technical, surface acumen of petti- foggers; and a large per cent, of the practice in the district court was appealed cases from justices of the peace in those several villages. Many amusing scenes and incidents transpired in the jus- tices' courts in those early days, but to give them in detail would require more space than is designed for this chapter. An early indication of prosperity in many of those villages was the establishment of weekly newspapers by enterprising editors, who desired to assist in shaping the destiny of the Territory and future State. Who can estimate the benefit which the Territory, and subsequently the State, derived from the enterprise, the vigilance and industry of the publishers of newspapers? Their task was an ungrateful one at best, and their patient endurance unequal ed. They were expected to publish every communication sent them by whimsical scribblers in prose, and meaningless poetry indited by preco- cious genius, or incur the displeasure of the writers. They were obliged to clip with incessant industry from their ex- changes the little items that together formed so large a fund of interest in the news department. They were expected to 36 THE NORTHERN TIER. answer all questions of subscribers and correspondents on history, religious and political, from the first chapter of the Pentateuch down to the last article of the constitution of the last State admitted into the Union. In short, as the popula- tion was from nearly every State in the Union, the editors were expected to please every one, pitch into every one's personal and political enemies, puff every office-seeker gratis, and insure the success of the party at the elections. To be neutral in those early days and stirring times was impossible, hence each editor was a member in good standing of one or the other of the political parties, and their papers were either designated as Free-State or Pro-Slavery in politics. No class of men were harder worked in their profession, with less remuneration for their services, than the editors and publishers of newspapers in the early days of Kansas. It was almost a miracle if they secured their bread and but- ter without incurring debt, and the uncertain, gloomy pros- pect of laying by an extra dollar for a '^ rainy day " or old age was dispiriting in the extreme. The only exhilarating exercise was slashing the name of some "dead-beat" from their books of subscription, or ventilating in an editorial the shortcomings of a political demagogue during the excitement of a campaign. Where is the early settler of Kansas who has not felt a TOWN SITES AND NEWSPAPERS. 37 pride in the success of the newspaper of his adopted county that reflected his political views, and assisted in causing a rapid development of the country? The press in those early times had a powerful influence, not only in inducing immi- gration to the Territory, but the Free-State papers and those that advocated a ^^ree soiP^ and '^free homes for a free peo- ple," did much toward establishing the institutions, and the civil and religious liberty, that adorn our progressive young State. Those editors and publishers who, during the troublous times, did so much to advance the interests of the Territory and State, deserve not to be forgotten; and as the incidents contained in this book are limited to a certain portion of the State, and as perhaps no county in the State has had as many newspapers established within its borders as the county of Doniphan, it was the design of the author to publish a list of them, which was kindly furnished me by the editor of the Chief, and also the newspaper history of the counties of Brown, Nemaha and Marshall, as a part of the history of the "Northern Tier," but as that history is contained in the "First Biennial Report of the State Board of Agriculture," it is omitted. Some twenty-five newspapers have been pub- lished at various periods in Doniphan county, some of which flourished for a few months, and then suspended, and others continued for years. 38 THE NORTHERN TIER. The Kansas Chief, one of the first papers published in the county, is the oldest paper now published in the State, and its editor the oldest in continuous service. In May, 1857, he landed at White Cloud, and at once commenced the pub- lication of his paper. The storm-cloud of 1856 yet hung over the border, when "Free-State^' men sought refuge by night in the timber, and brave women with sleepless vigilance watched over the slumbers of the children in the cabins. Brock and Harding and others had been indicted and arrested on a charge of treason, for acting as judges of a Free-State election. The so-called "bogus code'' of 1855 was the law of the land. When the Free-State party along the seventy miles of river border were in need of some bold advocate of their rights by the press — when the timid were frightened, and the brave were serious and doubtful — it was then that the editor of the Chief, on the 4th of June, 1857, sent forth his paper, devoted to the championship of Free-State prin- ciples. His keen observation of men and measures, his bold advocacy of what he deemed right, his fearless denunciation of what he thought wrong, and his bold defense of the Free- State party, made his paper a valuable one, and from its columns the oppressed received courage and renewed hope for better days. He had a powerful memory, that went back to the distant past, and vividly sketched the shortcomings of TOWN SITES AND NEWSPAPERS. 39 politicians who supposed their past acts were buried in obliv- ion, far beyond the reach of any newspaper editor. It may have been thought by the readers of his paper who had not the pleasure of his acquaintance personally, that he was selfish and sarcastic at all times and under all circumstances. On the contrary, he was a warm and generous friend; a genial, social fireside companion, fond of telling stories, and if some of his stories and editorial paragraphs were in questionable taste, they were regarded as harmless, the outburst of his mirth-loving, genial spirit. But the pungent paragraphs in his paper were a warning to his personal and political enemies that, if they attacked him, his ammunition was inexhaustible and his warfare relentless. His wit and anecdotes were pro- verbial, flashing out brilliant and pungent, in brief para- graphs; while the vivacity displayed in the columns of his paper and in his social intercourse with his friends clearly indicated that day-dreams never interrupted his well-known industry. The printing office was and is his cherished home, and the Chief his household idol. CHAPTER 4. A DAY'S FISHING AND HUNTING ON THE TAEKIO. "What is that, Joe?'' "Medicine! '' exclaimed Joe, as he deposited a demijohn in the wagon-box, among the camp equipage, boxes of provi- sions, fishing-tackle, etc. "The pint o' the business is," said Joe, "the water is bad in the Tarkio bottoms, and to prevent agur, I thought I would take along suthin' as a counter-irritant, as the doctors call it, against chills and bad water; and the snakes are crawl- ing out of their holes this warm weather, and some on us might get bit, and it's best to have a little of the counter- irritant along, for you know * an ounce of preventive is worth a pound of cure,' as the almanacs have it." "I will warrant a little of that in the demijohn will pre- vent ^agur,' banish ^muskeeters,' and cure snake-bites." The above dialogue occurred between Joe and the author^ on a bright May morning during the early settlement of Kan- sas, while engaged in loading a wagon with provisions, hunting material, and fishing tackle, consisting of a seine, fishing-boat^ (40) A DAY ON THE TARKIO. 41 and other appliances, preparatory to starting on a hunting and fishing excursion about the Tarkio and Nodaway rivers, some fifteen miles north of Troy, Kansas, and across the Missouri river. At that time there were numerous ponds along the shores of the Tarkio and Nodaway, on and about which wild ducks lingered late in the spring, and the still water at the mouth of those streams abounded in fish. The party con- sisted of a lawyer of Quaker descent, whom I shall designate as Judge, as he afterward wore the judicial ermine; Uncle Charley, the inn-keeper; Joe, the proprietor of the seine and the boat; and the author. It was the first week in May. The wild geese and brant had gone north, but a large number of wild ducks still re- mained about the ponds and creeks, and, to use Joe's expres- sion, **The fish were running up stream, and it was a good time to cast the net.'' The "outfit" consisted of a light wagon, loaded with sundry hunting and fishing material,, boxes of "eatables," and Joe's demijohn of drinkables. As none of the party were technical or strict constructionists of the rules and obligations of the temperance societies, or fully up to the standard of total abstinence, we did not demur to- Joe's last addition to the cargo. We set out shortly after sunrise, and it is needless to de- scribe the journey to the Missouri — the stopping of the wagoQ 42 THE NORTHERN TIER. for the Judge and Charley to alight and reconnoiter a thicket into which they protested they had seen a rabbit rnn, or to climb a rugged side-hill in pursuit of some truant squirrel, whose agile movements among the branches of a tree had attracted their attention, while Joe meanwhile manifested his impatience to cast his net by sundry expressions of question- able moral import. Arriving on the bank of the Missouri, we dismissed the teamster, with instructions to meet us at a certain spot, in two days, and then launched Joe's boat. We landed on the op- posite shore, two miles above the Tarkio, and the Judge and I disembarked, with the understanding that we were to hunt through the woods to the stream, while Joe and Charley rowed the boat down to the mouth of the stream, moored it, cast the net, put out the lines for fish, and waited until we joined them. The Judge made a circuit through the woods to the left, towards the ponds along the Tarkio, and I hunted through the woods at a convenient distance from the river, managing to bag several fox-squirrels on my way. I had arrived on the bank of the Tarkio, when the roar of the Judge's gun up the creek indicated that he was among the ducks; and a flock of mallards came flying down the creek, one of which I killed on the wing, and as it fell into the shallow water I undertook to secure it, the water not being A DAY ON THE TARKIO. 43 above my boots in depth. As I neared the duck I became conscious that I was sinking in the quicksand at each step, and was scarcely able to extricate my feet. In this situation I halted, and called loudly to Joe and Charley for help, still sinking lower in the sand. I threw my gun and equipments on shore as Joe arrived on the scene, and, notwithstanding his anxiety for my safety, he could not forego the pleasure of placing his hands upon his knees (a position he usually assumed when pleased) and enjoying a hearty laugh at my expense, while I was settling down in the sand and mud, and calling lustily for help. Joe, becoming alarmed, cut his mer- riment short by procuring a fence-rail from a pile of drift, and placing it alongside of me, assisted me to extricate my limbs; and as soon as I was on shore he commenced his up- roarious laughter at my expense, occasionally throwing in some Western phrases, to add to my mortification, while I sorrowfully viewed my mud-covered garments. Charley had left the net and arrived on the scene just as Joe and I had reached the shore; his good-natured laughter, added to Joe's merriment, increased my chagrin at my situation. Soon after, the Judge appeared, and after silently viewing me for a few moments, contributed some long-drawn-out sentences of comment, from which any one could infer that he was of Quaker descent. I could not laugh, and I was too 44 THE NORTHERN TIER. old to weep; but upon Joe remarking that I should be more thankful to him and the fence-rail than to Providence, and that I should not be so serious, I finallj^ half-way enjoyed the scene and situation, barring the sight of the mud armour that encased ray limbs. We then repaired to the mouth of the creek, where Joe and Charley already had a fine fish dressed for dinner. The Judge moved that I should seek a secluded spot in the sun- shine, and dry my garments as best I could, while they pre- pared dinner. Charley seconded the motion, but Joe ex- pressed a desire to debate the question, though he could not repress his laughter at my situation long enough to indulge in the classical expressions usual to him on such occasions. Joe was steward of the party, and I must admit that he could prepare the best meal while in camp of any one with whom I have camped, and I was somewhat familiar with such matters in the early settlement of Kansas. While Joe was preparing dinner, as often as he looked at me his culinary preparations were interrupted with one of his uproarious spasms of laughter. After dinner, it was agreed that Joe and Charley should take the boat down the river to the mouth of the Nodaway,, ascend that stream as far as the '^back water'' extended, cast the net, and select a camping place for the night; while the A DAY ON THE TARKIO. 45 Judge and I should cross the wooded heights, until we arrived at the Nodaway, and hunt down that stream to the camp. Joe and Charley embarked, and the Judge and I took up our line of march across the hills. The country consisted of an irregular range of hills, forming the bluffs bordering the Mis- souri. The trees were expanding their buds into leaflets; violets and other wild flowers beautified the ground; chip- muncks chattered from decayed logs, or leaped across our pathway; and occasionally a ruffed grouse whirred away, as the Judge risked a long shot after him, through the brush and branches of the trees. The entire scene was one of loveliness to a denizen of the prairie. We bagged a number of squirrels and a couple of ruffed grouse in crossing that range of hills, and arrived late in the afternoon on the bank of the Nodaway, at or near one of those small lakes or ponds in the bottom, where we spent an hour, during which time we had rare sport at "wing shooting," as the wild ducks were constantly approaching and departing from the pond. We succeeded in securing a num- ber of ducks, and then continued our journey down the Nodaway, where we found Joe and Charley in camp in a beautiful grove, preparing supper. Joe was not an expert at hunting, his forte being fishing; but with Charley's gun he had managed to bring down a bird commonly called, in the 46 THE NORTHERN TIER. West, a "mud -hen/' a species of fowl found along small streams and marshy places, somewhat resembling a small black barn-yard fowl, with feet partially webbed, and which might properly be described as a cross between a duck and a small crane. It is entirely ignored by sportsmen as not be- ing a game bird — its flesh of a dark, astringent character, unfit for the table. Joe declared that as it was the only game he had killed, he designed to prepare it and broil it for his supper. Charley declared he could not eat it, and the Judge volunteered sundry expressions descriptive of the bird not found in any work on ornithology, and not very complimen- tary to the bird's pedigree; but all to no purpose, as Joe in- sisted he would have it for his supper, and placed it on a forked stick facing the fire, before he commenced preparing supper for us. The grove, the silent water of the Nodaway, the shadows of night closing around us, with the mild rays of the moon penetrating the spaces between the branches and checkering the landscape with spots of light, made the whole scene romantic, interrupted only by the unwelcome music of a mus- quito as he reconnoitered the vulnerable points about our ears. As we assembled for supper, Joe deposited his broiled bird on his tin-plate. It resembled a dark-colored piece of bark A DAY ON THE TARKIO. 47 warped by alternate rain and sunshine. After he had eaten a portion of his bird, the significant nod by Charley was the signal for the Judge to interrogate Joe as to the quality. ''Joe, how do you like the mud-hen?" "Well/' said Joe, "it tastes like tansy bitters with the bitters left out!" We finally prevailed upon him to discard the unsavory carcass, and join us in dispatching the fish and squirrels he had so neatly prepared and cooked for supper, which he did, after paying his respects to the demijohn, which he insisted was necessary after his attempt to eat the mud-hen. Supper over, we put out the lines for fish, and after the usual story-telling around the camp-fire, spread our blankets for sleep. When the others had retired, I sat upon a log and meditated upon the surrounding scenery. My memory floated back to the journal of Julius Rodman, which I had read when a boy, wherein that explorer described his ascent of the Mis- souri river at the close of the eighteenth century, in which he described the Nodaway, its beautiful scenery, grapes and wild fowl along its banks. I also remembered that at a later period Lewis and Clarke had passed up the river, moored their boats at the mouth of the Nodaway, and probably had spent a night in the same grove of ancient elms in which we were camped. My revery was suddenly interrupted by dis- 48 THE NORTHERN TIER. tant thunder in the west, and on looking in that direction I beheld a dark storm-cloud rising slowly and majestically, gradually obscuring the light of the moon, while the far-away flashes of lightning denoted an approaching storm. I roused my comrades, and we hastily prepared a shelter by placing forks in the ground, with poles laid across, covered with brush, as a partial protection from the rain, which soon came down in torrents, and the lightning flashed among the trees, followed by heavy thunder. Our shelter proved a failure, as the rain penetrated through it, and we were obliged to roll up our blankets and cover them with a buffalo-robe. Joe, thinking the lightning might strike some of ^the trees beneath which we were sheltered, retired to a thicket of underbrush some rods distant, taking the demijohn with him. The storm lasted about an hour, and as it cleared away we replenished our fire with all the available combustible material at hand. Reader, if you have ever camped out during a thunder storm at night you can appreciate our situation at that time : fire nearly out; guns and ammunition, if not seriously dam- aged, certainly in bad condition; provisions moistened; blankets damp, and buffalo-robe soaked. As the storm rolled away to the eastward, leaving a clear, star-lit sky, with the moon disappearing behind the western hills, Joe emerged from the thicket, Charley and the Judge A DAY ON THE TARKIO. 49 filled their pipes, and I replenished the fire with wood ; and we listened to the stories of the Judge until our blankets were dry, when we all retired to get a few hours' sleep. Sometime during the small hours of the night, Joe became restless, arose from his blanket and began to move about the camp, as though morning had dawned, and it was time to be cooking breakfast. His movements awakened the Judge, who evi- dently had been dreaming of Komeo and Juliet (he being the poet of the outfit), for he exclaimed : "Joe, wilt thou be up so soon? — 'tis not yet near day. 'Twas the night-owl, and not the mud-hen y that pierced the fearful hollow of thine ear." "Confound the mud-hen!" said Joe; "I was looking for the demijohn." About sunrise, we were awakened by Charley, who was taking fish from the lines we had out during the night; and Joe soon prepared an excellent breakfast. All nature was joyous and brilliant after the storm. The freshness of the morning air, the flowers bright and beautiful, the light of the morning sun, and the perfume arising from the dewy verdure, as the mists cleared away over the tree- tops and lost themselves in the distant blue sky, gave us new energy after a night of doubtful prospects. Charley claimed the right to hunt with the Judge on that day, and insisted that I should assist Joe with the boat. That 50 THE NORTHERN TIER. agreed upon, the Judge and Charley set out for the ponds and hills, and Joe and I embarked in the boat and rowed down stream, halting occasionally to set the net. About midday, having caught a number offish, we landed in an eddy just below the mouth of the Nodaway, at a sandy beach near the timber, with the view of preparing dinner. Joe conveyed the provisions and cooking utensils on shore, while I went to the timber to collect wood to make a fire. As I approached a fallen tree, I discovered a small rattle- snake coiled ready for attack. Thinking Joe would desire to see the snake, I called to him, telling him of my discovery. Joe, not hearing me distinctly, thought I was bitten by a snake, and in his haste to get the demijohn from the stern of the boat, upset or careened the craft, and the demijohn, falling into the water, was conveyed by the expanding waves to the current, and floated away, despite Joe's herculean efforts to secure it. Seeing Joe in the water, and his difficulty, I has- tened to his rescue. When I arrived on the scene, Joe, with wet garments, was standing on shore looking sorrowfully at the demijohn, as it was bobbing up and down, far away in the current of the Missouri river. "I don't care so much for the demijohn as for the contents," said Joe. Then recurring to the snake, he added, "Where did the snake bite you?" I could not refrain from laughing, but informed him that I was A DAY ON THE TARKIO. 61 not bitten, and said that we were even, barring the difference between being mud-bound in the Tarkio and immersed in the Missouri. Joe replied with some frontier phrases and ludi- crous epithets. Charley and the Judge arrived, and added to the merriment at Joe^s expense; but he was sullen, and de- clared the day's sport at an end, whereupon Charley produced a flask from his game-sack, after which Joe prepared dinner. After dinner, on beholding our teamster on the Kansas shore, we prepared to cross the river. It was late in the afternoon when we arranged to start homeward. We esti- mated our profit and loss by the following inventory: Profit — Two days' genuine sport, a goodly amount of game and fish. Loss — Joe's demijohn. As we rode homeward, Charley smoked, the Judge quoted poetry and sang "Home, Sweet Home," while Joe moodily sat in the wagon, and at intervals indulged in some frontier expressions about the loss of his household treasure, vaguely intimating that I was the cause of the aforesaid loss. Such was life and a part of the amusements during the first settlement of Northern Kansas. Looking back through the dim vista of the past to those golden days, when the hardships of our frontier situation were ignored for a day's sport, I agree with the poet — "There's a feeling within us that loves to revert To the merry old times that are gone." CHAPTER 5. SAMP NODKINS. Where is the early settler of Northern Kansas who has not stood upon the desolate, gray sand-bar on the west bank of the Missouri river, opposite St. Joseph, in stormy weather, waiting for the return trip of the ferry-boat that plied be- tween the two shores, while teamsters sat upon their loads of grain, holding in check the restless horses, and foot passengers paced to and fro, whistling fugitive airs, that no sooner es- caped their shivering lips than they were borne away in faint echoes by the wind, to accompany the roaring of the current of the turbid river? The bleak wind from the north whirled the sand in eddying gusts or at obtuse angles the entire length of the bar, or penetrated, with a dismal sound, the thicket of straggling cottonwoods and willows that grew along the al- luvial bottom near the perpendicular, treacherous bank — huge portions of which at intervals fell with a splash into the water. As the wind increased in power and velocity, the miniature waves of the river increased in magnitude to surging, white- (52) SAMP NOD KINS. 53 crested billows, creating a doubt as to whether the boat would make another trip in the next twelve hours. The patient, chilled pedestrians paced to and fro amid the drifting sand, while the muttering imprecations of the disgusted teamsters added to the feeling of disappointment in not being trans- ferred over the river to the busy streets of St. Joseph, in full view. On a bleak day in the latter part of April, 1860, I stood upon that sullen, gray bar, waiting for the return of the boat. The wind hurled the drifting sand in every conceivable direc- tion along the bar, and among the cotton woods and willows, blowing my hat off, or dallying in a rude, violent manner with the skirt of my threadbare coat, then passing onward among the bending cottonwoods and willows, blending a dis- consolate sound with the roar of the raging waters, that were rolling in billowy majesty, as if to defy the power of man; while the boat seemed to be stationary on the other shore, the pilot not daring to venture across the turbid and angry cur- rent with his frail craft. A number of immigrants had crossed and were waiting for the remainder of their party, who were on the other shore. They were from Indiana, on their way to Kansas, to settle on the frontier. There were several covered wagons loaded with every species of household fixture in use during that period, 54 THE XORTHEEX TIER. includiug mildewed bedsteads, rickety chairs, rusty stoves, decayed wasbtubs, old-fashioned kettles, pots and pans, and a general stock of old trumpery that had decorated the cabins in the Hoosier State for a o-eneration. Although stracrirlinQ: blades of grass were issuing from the sandy soil and decayed leaves among the dwarfed willows, denoting spring-time, the chill April wind from the north caused a disagreeable flapping of the unfastened part of the wagon-sheets, and the purple circle visible about the quivering lips of the immigrants and their dust-covered faces denoted that their situation was un- comfortable. To add to their discomfort, a number of cows and calves, as thin in flesh as the seven lean kine in Joseph's dream, persisted in penetrating the thicket of willows, not- withstanding: the exertion of some small bovs and over-frrown girls, who had charge of them. I ascertained who was the leader of the outfit, from the authority he assumed and the commands he gave, which were implicitly obeyed; and as he is the subject of this chapter, I here append a brief description of him as he appeared among the immigrants on that bleak April day, twenty years ago. In height he was six-feet-six, more or less — possibly less. His forehead was low, from which his head retreated at an angle of forty-five degrees, terminating at a point about which the hair seemed to form a circular, bristle-like crrowth about SAMP NO I) KINS. 55 a spot resembling a small whirlpool. His arms were of great length, with large hands and thick-jointed fingei*s in propor- tion. A scanty, cream-colored beard adorned his chin, with a few scattering volunteer productions along the side of his face at a convenient distance from his ponderous ears. His limbs seemed to be out of proportion to his body, which doubtless only appeared so from the fact that his blue jeans pants, either from shrinkage in length or a desire to dissolve partnership with his sun-tanned ankles, terminated midway between his knees and an enormous pair of cow-hide, snuff- colored shoes, that resembled a traveling tan-yard or migratory shoe-shop. He wore a red-ilanuel shirt, without any vest, over which was a blue-jeans coat, the dividing line of which between the skirt and body of the coat, as indicated by a zig- zag seam, two brass buttons and two large pockets, was mid- way between the point adopted by fashion and his shoulders, while the skirt was economically curtailed to a ridiculous de- gree of shortness, scarcely extending to that portion of his person that a fashionable coat-skirt is intended to obscure. He approached me, and with that inquisitive address pecu- liar to an immigrant on arriving in Kansas or on the western border at that time, made the following inquiry : "Do you live in this 'ere neck of woods?'' I replied that I did. 56 THE XORTHEEX TIER. "Well, stranger, I am wagon-boss of this 'ere outfit of immigrants, and some of them want to go fur enough westin; Kansas to get Government land, without seeing Injins; but as for me, I have practiced law in Indiana, and I would like to settle near a county-seat, where I can open a farm and also- practice law." With a piercing, cunning expression on his godless coun- tenance, he inquired my name and what I "follered for a livin'.'' I gave him my name, and informed him that, hav- ing been admitted to the bar in one of the States, I had come West to grow up with the country; but since I had been in. Kansas, failing to get a practice sufficient to support me, I had engaged in chopping cord-wood for steamboats that raa up and down the Missouri. "Give me your hand, stranger!" said he, grasping my^ hand. "I am a member of the bar; and have chopped cord- wood in the beech-woods of Indiana, and have left my wood- chopping many a time to attend court." And thereupon he gave me an elaborate account of his forensic efforts at the bar — how he had vanquished Hendricks, Pettit, Morton and other gentlemen of legal ability in Indiana. By way of returning the compliment of his inquiring my name and occupation, I asked him his name, and he replied: "This 'ere outfit of im- migrants call me Samp Xodkins, and my name is Xodkins; SAMP XODKIXS. 57 most every one in Indiaua knows the Nodkinses, leastways they ought to, for I have practiced law there, and my father was ajesticc of the peace." Whether his christian name was "Samp"' or a nick-name among the immigrants, or a con- traction of the word ^'Sampson,'' I did not then learn, but from the extraordinary power of his lungs manifested in his speeches to juries before justices of the peace, I concluded his christian name was Sampson, doubtless named in honor of the muscular hero who levied war against the Philistines^ I informed him that law books were scarce in Kansas, and expressed the desire that he would occasionally permit me to peruse his valuable law books that I supposed an old practi- tioner, as he claimed to be, had brought with him, should he conclude to settle in the county. He pointed to an old- fashioned lidless chest in his wagon, with the emphatic remark,. " There is all the law I rely on in my practice, and you are welcome to use it if I settle in this county.'' The books, or book, for there was but one, as I afterward learned, consisted of Blackford's Indiana Digest, old edition. '^But,'' said he, "who is your Judge?'' "Judge P ," I replied. "Judge P !" He's from Indiana, and I know him! And if he is the Judge of this deestrick, 1 will settle in this county.''^ I learned afterward that the only time he had ever seen Judge P was when the latter, while traveling the circuit as a 58 TBE NORTHERN TIER. lawyer, had stopped for dinner once at the cabin of Samp's father, when Samp was a rustic youth. We separated, and Samp settled in the county, among the bluffs along the Missouri river. He was not idle, and by his colloquial power he induced the neighbors to believe that he was capable of managing all their legal affairs. Scarcely had his cabin been completed, when he was employed to procure a divorce for one of those temporary subjects of neglect in the then frontier society, irreverently called "grass widows,'^ whose husband, as she thought, had been unnecessarily de- layed on a freighting trip across the Plains. Without con- sulting the statutes of Kansas — the old "Compiled Laws'' — Samp had hastily and unwisely concluded that a divorce was as easily obtained in Kansas as in Indiana, and had written his petition on a large sheet of "foolscap" paper, evidently by candle-light in his cabin, as certain oily marks, ink-blots and other evidence of the stringency of the times appeared on the irregularly-folded document which he had filed, and €aused a summons to issue thereon against the defendant, who was then far away on the Plains, or at the mountains. In due time the sheriff returned the summons, indorsed, "The said defendant not found in my county." After causing the summons to issue, Samp had failed to pay any more attention to his case, supposing he could obtain judgment by default SA3IP NODKINS. 59 for a divorce, in the same manner as in a civil action for debt, and his petition was not verified by the affidavit of the plaintiff. Meantime the defendant was traversing the sun-dried trail of the plains, or whiling away his lonely hours in solitude around the camp-fires in the mountains, and had as little knowledge of the suit pending against him as a Highland shepherd had of the bounty paid for wolf-scalps by a county court in Kansas; while the plaintiff was dispensing her smiles indiscriminately among her friends in the vicinity, relying upon the legal acumen and potent ability of Samp Nodkins to dissolve the union between her and her wayfaring hus- band, as the shortest route to a free, unmarried life. I attended court at the next session, to try an appealed oase from a justice's court, and, upon arriving at the court house, found Samp Nodkins seeking some one to introduce him to the Judge. Samp said, '^I think the Judge would know me, but I desire an introduction.'' It was a rule of €Ourt that an attorney holding a certificate of admission in another State could be enrolled to practice on motion; and upon stating that to Nodkins, he declared that he had for- gotten to bring his certificate with him (raising a doubt in my mind whether he ever had one). But he insisted that he had been admitted to the bar in the courts of Indiana. 60 THE NORTHERN TIER. When court was called and announced to be in session, in the long-drawn-out common-law style, by the bailiff, I made a motion, by request, to have Mr. Nodkins enrolled or ad- mitted to practice, informing the court that the applicant had neglected to bring his certificate of admission by a court of competent jurisdiction of the State of Indiana (throwing in the name of the State by way of an extra inducement for the Judge to recognize Nodkins). The Judge looked over hi& glasses a moment at Samp, and then appointed a committee, myself among the number, to examine the candidate, stating that we could do so after adjournment of court for the day, and make our report when court convened the next morning. Samp cast a disappointed, imploring look, first at the Judge, and then at me; but the decree had gone forth, and it would have been at the risk of a fine for contempt to request a modi- fication of an order, when once made by Judge P . He was an excellent Judge, save in one respect — he was irritable, and severe in his reprimands of attorneys and officers of the court, when business did not run smoothly; the least inter- ruption or confusion in the court room or in the street was the signal for a severe reprimand of the bailiff for not pre- serving order. The incessant, violent winds that blew in those days (which have since been pensively described by journalists and travelers as "gentle zephyrs") annoyed the SA3IP NODKINS. 61 Judge beyond eDdurance, and as his weight was a trifle less than three hundred pounds avoirdupois, in going from his hotel to the court house the wind seemed to circle around him, whirling the dust in his face, and banishing every expression of kindness from his stern and rigid countenance, as he or- dered court opened. He threatened to fine the bailiff for not keeping order, on hearing the croaking of a flock of wild geese flying over the court house, mistaking the noise they made for the hilarity of urchins about the court-house door. He abruptly adjourned a term of court because of the inability of the bailiff to stop the clattering of the window-sash in the court house on a windy day. Withal he was a sound lawyer, a just and upright judge, and when off the bench was a pleas- ant, social companion — a gentleman of the old school, pos- sessing rare colloquial powers. On the day the committee was appointed to examine Samp Nodkins, the criminal docket was called and the cases con- tinued, the county attorney not being ready to try them. The civil cases set for the first day were then called for default. As Samp's case was set for that day, he whispered to me to attend to his case, and take judgment for a divorce by default. Supposing that Samp had caused the proper service to be had upon the defendant, and had evidence of the marriage and desertion, and suflScient evidence to prove the averments in 62 THE NORTHERN TIER. his petition, I called for the papers, with a view of reading the petition to the court, and then producing the evidence. The petition was a remarkable document in length and breadth, and resembled a large sheet of white wrapping-paper that had inclosed several pounds of butter from a grocery- store. I read it through with some difficulty, and then re- quested of Samp the names of his witnesses. He replied that he had no witnesses ! "What is the service upon the defendant?" inquired the Judge. I was about to examine the papers to ascertain, when Samp replied that " the return of the sheriff showed that the defendant was not found in the county." I moved for con- tinuance for service. Samp sprang to his feet, and demanded judgment by default. The Judge replied that no such judgment could be rendered. Samp continued with his ear- deafening voice. The Judge ordered him to take his seat, or he would fine him for contempt. Samp persisted, and was preparing to read from his Indiana Digest. "Take your seat, sir ! " said the Judge. " Mr. Bailiff, preserve order ! " "Order in the court room!" cried the bailiff. "I fine you for contempt," said the Judge to Samp. I endeavored to in- duce Samp to take his seat, which movement the Judge mis- took as encouraging him to proceed, and with a scowling, withering look at me threatened to fine me as the author and SAMP NOD KINS. 63 cause of the trouble; and as I had no money with which to pay a fine, and could no longer repress my smothered laughter at the ridiculous situation, just as the Judge ordered the bailiff to arrest Samp I dashed out of the court room, mounted my horse and rode swiftly away, to engage in the rustic exercise of chopping cord-wood. I learned afterward that Samp's fine was remitted, owing to his inability to pay it, but he never forgave me for desert- ing him, not only in the divorce case, but for not meeting with the committee appointed to examine him for admission to the bar. He was admitted to practice, however, by what means I never knew. Samp was a staunch Republican in politics, and did yeoman service in the glee club, in the campaign of 1860. His voice, trained on the highest key by practice at camp-meetings in Indiana, when accompanied with a practical demonstration of Sam. D 's musical talents in singing the parody on the old hymn, "Where now is our good old Daniel?" by which the Democratic party was musically consigned on a voyage to that mythical region known in Western political parlance as "Up Salt river" — 'twas music that awakened the hills and valleys from their solitude at night; while their stirring vocal music reminded one of an old-time revival at a camp- meeting, barring the difference in sentiment between the pious 64 THE NORTHERN TIER. language of the original hymn and the parody composed for the occasion. That was a memorable campaign, and well do I remember the first meeting which transpired at White Cloud. After the speeches by the candidates, and the hilarious entertain- ment at ^^ Liberty Hall^^ by its hospitable occupants, near midnight we assembled in front of the hotel. The moon had descended behind the grand old hill overlooking the village; eastward stretched the winding, sedgy valley of the Missouri river, bordered by the tall cottonwoods, the gray branches of which were brightened by the fading moonlight, and the song commenced. When the chorus was reached, the voice of Samp Nodkins, higher than the others, could be heard far up and down the valley, starting the wild fowls from the marshy pools of "Rush Bottom," while the dusky, belated travelers to their huts on the Reserve, mistook the echo for the voice of the "Great Spirit," or their departed chief, whose memory was embalmed in the name of the town, call- ing them to the happy hunting-ground. Those were not only halcyon days, but halcyon nights, when that old song rang out clear on the midnight air all along the river border, at the base of the traditional promon- tory at Iowa Point, among the cottonwood shanties of Charles- ton and Columbus, and beneath the shadow of the stately SA3IP NODKINS. 65 •elms that stretched their huge branches over Main street, in El wood. The end of the campaign was a victory for the Republican party. But the comrades and companions of those early times are separated. Samp Nodkins and others have gone from earth to " that undiscovered country from whose bourne no traveler returns." One is doing duty in a foreign coun- try, and others still remain in the county, as if loth to leave the land of their adoption and first settlement in the troublous times of the Territorial days. Among the latter is the pioneer editor whose weekly paper still notifies his old companions and friends of his whereabouts. "Still o'er those scenes my memory wakes, And fondly broods with wiser care; Time but the impression deeper makes, As streams their channels deeper wear." 5 CHAPTER 6. NORTHERN KANSAS BIRDS. I am not an ornithologist, but this book would be incom- plete without a brief description of the game-birds and some of the feathered songsters of Northern Kansas. First is the wild-turkey, that noble American bird, which Franklin desired to adopt as an emblem on the^flag. This bird is truly American, being first discovered in his native forest on this continent. From the shores of the great lakes of the north to the last cane-brakes of the south, and from the head-waters of the Hudson to the foot-hills of the Rocky Mountains, wherever a grove of timber skirted a ridge or bordered a stream, this native bird found a dwelling-place, long before Captain Smith explored the James river or the Puritans landed at Plymouth Rock. His gobble in the deep wilderness guided the stealthy Indian to his retreat, and for more than a century has caused the frontier settlers to smile, when the supply of game was diminishing in their cabins. "While this bird's domestic barn-yard relatives have formed the basis of Thanksgiving dinners for more than a century (66) NORTHERN KANSAS BIRDS, 67 in New England and elsewhere, the native wild-turkeys have occupied a conspicuous position on the rustic, home-made tables in the rude cabins on the Western frontier, around which gathered the family, relatives and friends. Occasionally a Yankee whose perseverance had induced him to immigrate to the frontier for the purpose of securing land for his children, still clinging to the traditional custom of his juvenile home in New England, on Thanksgiving day assembled his relatives to feast on a native gobbler he had succeeded in bringing down with his rifle, in the forest or about his remote corn-field, for the occasion. The blessing he invoked upon his household and relatives, and the thanks he returned for the bountiful repast, as they assembled around that rustic table in the primitive cabin or dug-out, was as piously and reverently announced and gratefully uttered as the thanks he had heard around the tastefully decorated festal boards in his ancestral home in the East. "When Northern Kansas was first settled, the heavily- timbered and woodland bluffs bordering on the Missouri river, and the timber along the streams in the interior, abounded with wild-turkeys. During the spring and sum- mer they remained in the dense forest and thickets, and in early autumn visited the wheat-stubble and oat-fields, and as winter approached they often appeared in large numbers, as 68 THE NORTHERN TIER. if on a foraging expedition, in the remote corn-fields. Tlien followed rare sport for the hunters among the settlers, besides supplying the table with delicious game. To bring down a wild-turkey from his perch on the highest tree, or with shot while on the wing, was a feat of no ordinary marksmanship. During the spring and autumn the wild-geese and brant stopped for a month or more, during their migration north or south, alighting in the fields by day to feed on the green wheat, and remained about the sand-bars and eddies of the Missouri at night. As they flew to and fro they were an ex- cellent target for an expert at shooting on the wing, and many a noble gander has disarranged and demoralized the triangular flight of the flock by an involuntary tumble to the earth from a well-directed shot of the sportsman. Wild ducks in great numbers were migratory companions of the geese, with the exception that the ducks usually re- mained longer in the spring, after the geese went north, fre- quenting small streams, ponds and lakes. There are several species of wild ducks in Northern Kan- sas. The mallard resembles the domestic or barn-yard duck. The male mallard has a green head, and very much resembles the barn-yard drake. The female is of a yellowish-brown color, with spots or bars, like the female of the domestic duck. They breed in limited numbers in Northern and Western NORTHERN KANSAS BIRDS. 69 Kansas, but a very large majority of them go to the far north late in the spring, returning in September, and remaining un- til the streams are frozen, when they continue their flight to the southward. The canvas-back ducks are less numerous in Northern and Western Kansas than the mallards, but are fine game birds. I have seen a number of them about Lake Sibley and the salt marshes in Cloud and Jewell counties. The widgeon is frequently found along the small streams and about Lake Sibley and the salt marshes. The pin-tail ducks are abundant in the spring, usually associating with the mallards. But the most delicious ducks for the table, though small, are the blue-and-green-winged teals, which are abundant in Northern and Western Kansas. The wood ducks are found along the Missouri river and streams that are bordered with timber. They are beautiful birds, crested, with purplish-green heads. They differ from other ducks in their habits, building their nests in hollow trees, and rarely mingle with other ducks, save with the teals. A brace of ducks was a trophy of no small value in the game-bag of the weary sportsman, during the early settle- ment of Northern Kansas. The noblest bird of the prairie is the pinnated grouse, or 70 THE NORTHERN TIER. prairie chicken. It is a larger bird than the ruffed grouse of the Middle States, and its flesh is darker. The color of the pinnated grouse is light brown, with dark brown spots on the back and uniform bars on the breast. The males have a bunch of dark feathers on the front part of the neck ; and a yellow or orange-colored sack on each side of the neck, which they have the power of inflating; and in the spring, during the mating season, they assemble on some bare spot of ground, making a thrumming noise with their wings that can be heard at a considerable distance. Their nests are usually made in the prairie-grass, containing from twelve to fifteen eggs, of a light color, with small spots of a darker hue. In Northern Kansas they hatch in May, and if the season is favorable the young birds are two-thirds grown by the first of August, when the proper shooting season begins. The young remain in the original covey, unless misfortune befalls them, until late in autumn, and when flushed will scatter in different directions, alighting at no great distance, when they can be flushed by a dog separately, by which means the sportsman can secure the whole covey, permitting the parent bird to fly away and mourn for her lost brood in lonely solitude. Grouse-shooting on the prairie is rare sport. The best plan is for two or more sportsmen to procure a light wagon, NORTHERN KANSAS BIRDS. 71 -with a competent driver, and drive over the prairie, letting the dogs range far and wide to the right and left of the team. A well -trained dog will range at the proper distance, and when he scents a covey of birds will stop suddenly, with a peculiar stationary attitude, and generally one fore-foot raised from the ground, and no confusion or noise will disturb his motionless position, save the voice of his master, as he ap- proaches and urges the dog forward to flush the birds. If the birds are not easily flushed, the faithful animal moves forward cautiously in the direction of the covey until they arise, and then the sportsmen take their shots; but the dog remains motionless until bidden by his master to move for- ward, or " Find dead birds. ^^ If the covey is all flushed, the birds generally alight at different points, and can then be flushed separately. In autumn, when the birds have attained full-grown size, flocks embracing several coveys congregate about the stubble- fields, and pillage the corn-fields, or on and about the green wheat-fields ; during which season they are wild and watch- ful, and rarely ever lie close for a dog, but most frequently rise and sail away in their freedom before the sportsman is near enough to bring them down, unless he risks a long shot. The gun must be charged with larger shot as the birds be- 72 THE NORTHERN TIER. come full grown. Occasionally during the Indian-summer days, an old bird, in tall grass, will lie close for a dog, when suddenly he rises, often near the sportsman, and with a quick movement flies away toward an adjacent ridge, uttering his defiant ^^cluk-cluk-cluk," but it requires a good shot to bring him down. As the season advances and the weather becomes cold, in the early morning they are often seen in large num~ bers upon the branches of the trees along the creeks and ravines, apparently enjoying the morning sunshine. When traveling over the extensive prairies of Northern Kansas, with nothing to disturb the monotony of the scene, the occasional flushing of a pinnated grouse causes a transient thrill of pleasure; and as he sails away in his free flight,, reminds one of Hogg's lines — "Bird of the wilderness, 1 Blithesome and cumberless, Gay be thy matin o'er moorland and lea! Emblem of happiness, Blest be thy dwelling-place — Oh, to abide in the desert with thee." The sharp -tail grouse resembles the pinnated grouse in- size, but its color is lighter, and it has no gular sack on the neck. It is feathered to the first joint of the toes, while the pinnated grouse is feathered only to the toes. The habits of the sharp-tail grouse are the same as the pinnated grouse — NORTHERN KANSAS BIRDS. 73< making their home on the prairie, feeding on the same food,, and though not so numerous, are often found with the pin- nated grouse. The quail of Kansas is too well known to require a minute description. From the Missouri river to the extreme western settlements in Northern Kansas, quails are found in great numbers in the groves of timber and about the stock-yards and fields. If not disturbed or frightened, they will come near the dwelling house, and are often seen in the barn-yard,, picking up the scattered grain. During the hatching season the male bird is often seen perched upon a fence post or wheat shock, whiling away his lonely hours, at short intervals pip- ing forth his familiar ''Bob White ! ^' regardless of the rattling and clattering noise of the reaper driven by the farmer in an adjoining field. The young birds are generally full grown- by the first of October, when quail-shooting begins by per- mission of the laws of the State. As a general rule, a dog well trained for setting and flush- ing grouse, is good for flushing quail. There are exceptions,, however, and a dog that has been trained principally for quail-flushing, is not at all times an expert at grouse-flushing. Some sportsmen prefer quail to grouse-shooting; but owing to the activity of the flight of the quail, it requires a better and quicker shot to bring it down than a shot at grouse, a& 74 THE NORTHERN TIER. the chance is often taken through brush or timber. New- beginners and inexperienced sportsmen generally prefer grouse -shooting. It is grand sport to flush a covey of quails in the timber, causing them to alight in the prairie, and then flush them separately with a careful dog, and bring them down sharp before they reach the timber. Let two or more genial, social sportsmen, on a mild October day, bag a number of quails, spread their luncheon in a grove, build a fire, and each broil a couple of birds on forked sticks at the fire, and they have a dinner that duplicates a meal at the most fashionable res- taurant. The guns leaning against a tree, the dogs bathing in a stream near by, the landscape and surrounding scenery, the healthful breeze, the lunch in the woods, the story, joke and hilarity — all combined, make it an occasion of real en- joyment long to be remembered by the participants. No true sportsman will ever net a quail or trap a grouse. A sportsman never shoots grouse or quail for market, and rarely shoots more birds than he desires for his own table and as a gift to his non-sporting friends. As a general rule, in Northern Kansas, more quail are annually destroyed by net- ting and trapping for market than by all the sportsmen, who procure their birds by wing -shooting for the love of the sport. NORTHERN KANSAS BIRDS. 75 Another game bird of the prairie in Northern Kansas is the curlew, a species of upland snipe or plover, smaller than the grouse, of a snuff color, with long legs, and a bill from four to six inches in length, with long wings. They are generally found in flocks or coveys on the upland prairie, in the spring, on newly -burnt prairie, or where the grass is short. I have seen them in pairs. Being wild and watch- ful, they cannot be flushed by a dog, and the only successful manner of shooting is to drive a wagon until opposite the flock, or by the solitary hunter in a seemingly careless man- ner approaching on foot in a diagonal direction, and as the birds arise risking a long shot to bring one down, the others flying to an adjacent ridge with a shrill-screaming whistle. It is a feat to bag a brace of these birds out of a flock. Their flesh is of delicate flavor, of a lighter color than that of the grouse. The plover is a small bird, with long bill and a body formed like the curlew, but much smaller, with white breast interspersed with small spots, and a dark-gray color on the back and upper surface of the wings. It is the smallest of the game birds of the prairie, but its flesh is delicious. In the spring they appear in large numbers, and frequent ground that has recently been burned over, along the roadside, and in the short grass. In the early spring their long-drawn-out 76 THE NORTHERN TIER. whistle is heard over the prairie, denoting that the warm spring days have come. They fly rather swiftly, and whea they alight, after touching the ground, make a peculiar bow- like motion with their wings. A sportsman can approach within a few yards of them before they arise, and as they fly away are an excellent target for wing-shooting. They are migratory, going south in autumn and returning again in the spring. Their flesh is as delicious as the quail, but true sportsmen in Northern Kansas generally ignore them on ac- count of their small size ; and it is well, as they should be permitted to multiply as destroyers of grasshoppers and other insects, thereby aiding the farmer, for they feed largely on those pests. The feathered songsters of Northern Kansas are numerous. The lark is the harbinger of spring and warm weather. A& the bright, warm spring days appear, his melodious notes are heard at early dawn on the prairie and about the farm ; and frequently he perches upon the garden gate or housetop, and sends forth his morning song to awaken the drowsy land- scape and the inmates of the dwelling. They remain during the summer, hatch and care for their young, make war on the insects, go south in the autumn, and return again in the following spring. I have not yet seen many robins west of the Blue river NORTHERN KANSAS BIRDS. 77 and its tributaries, but they are numerous in Northeastern Kansas along the timbered streams, and about the orchards and groves surrounding the farm houses. It is a pleasure to have them about the orchards and groves, building their nests, rearing their young, and flitting among the branches or hopping along on the ground in search of insects. A farmer can well afford to permit them to carry away all the cherries and fruit they desire, for their company, and as a partial recompense for the insects they destroy. The jay, next to the hanging-bird or Kansas goldfinch, has the brightest plumage of the small birds of Northern Kansas. It is of the same size and color of the jay of the Middle States. They are numerous among the timber along the streams or groves about the farms. They are not migra- tory, but remain during winter. They feed on berries, seeds and grain in the fields during summer, and in the winter pillage corn-cribs and granaries. They are rather destructive and warlike, and I have often seen them waging war on other birds, and even giving battle to large hawks when they in- vaded the grove inhabited by the jays. The jay is a beautiful, strongly-formed bird, but not a pleasant singer; his notes are harsh, with a constant chatter when danger is near. The redbird is a winter bird, remaining in this latitude during winter. The male is of a bright-red color, crested, 78 THE NORTHERN TIER. with red beak; the female a pale red, or light-brown color. They inhabit the timber along the streams in Northern Kan- sas as far west as the Little Blue river and its tributaries. They remain in the woods during summer, and in winter, when the snow covers the ground, they are often discovered purloining corn from the crib, when they can be caught in traps for caging. They make a beautiful household pet when sufficiently tamed to become accustomed to the cage, and on rainy days, the gloomiest of the year, when outdoor scenes are not inviting, the lively notes of the redbird sent forth from his cage in the hall — translated as follows : " Wet year ! '' "wet year !'^ "wet!^^ "wet!'' — serve to revive the drooping spirits and banish melancholy reflections. The hanging-bird, a species of goldfinch, is an inhabitant of Northern Kansas. It is called the hanging-bird from the singular description of its nest, which is composed of moss and fibrous material, suspended from a twig by two threads or fibers ingeniously attached to the twig or branch. The male bird is of a brilliant-red color, with black wings; the female is light-brown, with gold-colored wings. They are beautiful birds, and tolerable singers. They flit among the leaves and branches in search of insects, while they continue their chattering as if in conversation with each other. They often pay a hasty visit to the shade trees about the farm NORTHERN KANSAS BIRDS. 79 house, and if cherries or other berries are in the vicinity, they carry away a few as a partial compensation for the exhibition of their beautiful plumage among the farmer's shade trees and shrubbery. Anyone who admires birds, appreciates the daily visits of the hanging-birds. During the spring and summer, blackbirds appear in large flocks on the prairies and about the farms. In the spring of 1877, when the grasshoppers had hatched in great numbers, on a lovely Sunday morning, early in May, I was awakened at early dawn by a confusion of sounds, and on going into the yard, I beheld countless numbers of blackbirds on the ground, devouring the young grasshoppers. The alleys and vacant lots of the town (Concordia) seemed to be one living mass of birds. I approached very near them, and observed them closely. There was no doubt of the fact that they were breakfasting on young grasshoppers. On the succeeding morning they again made their appearance as numerous as before, and remained some two hours. The grasshoppers disappeared about that time, and not enough arrived at ma- turity to do any serious damage to the crops. Some attribute their decay and destruction to the wet, damp weather, and heavy rains that prevailed about that time. I am confident, however, that the most destructive agency was the black- birds; and I am of the opinion that in Northwestern Kansas, 80 THE NORTHERN TIER. in the spring of 1877, more young grasshoppers were de- stroyed by the blackbirds, larks and plovers than by any other one cause. The male blackbird has a beautiful orange color on his wings, noticeably visible when he is flying. There are many other small birds in Northern Kansas, too numerous to mention, that sing sweetly — particularly the little prairie sparrow, that is so often seen perched upon the top of a sunflower or other wild weed of the prairie, sending forth his musical notes. The birds that should be appreciated more than they are in Northern Kansas, are the little snow-birds of winter. Whenever a cold snow-storm is imminent, the little snow- birds suddenly appear in vast numbers, flying about or hop- ping along on the ground, in the road, street, or about the barn-yard. They only appear in the coldest weather, or when snow covers the ground. I have often wondered what protected their little feet from the extreme cold, unless it be the texture of which they are composed by nature for that purpose. They are very tame, and will hop along only a few feet from a person walking. They disappear when win- ter is past, and they must go far north to the cold regions during summer, as they reappear each winter with the cold weather. They are pleasant and welcome visitors about the barn-yards, streets and commons when the summer birds are NORTHERN KANSAS BIRDS. 81 gone, and the bleak winds of winter cause the brown prairie to look like a cheerless, dreary waste. There are over two hundred different species of birds in Kansas, many of them useful as insect destroyers. What would the isolated groves of Northern Kansas be without birds? Gloomy haunts, with nothing to disturb the melan- choly silence save the sighing of the wind among the branches. 6 CHAPTER 7. THE KEPUBLICAN LAND DISTRICT. The act of Congress establishing the Republican Land District in the State of Kansas, was approved July 7, 1870; the boundary of which district included all the territory be- tween the east line of range 8, east, and the western boundary of the State, and between the Nebraska line and the township line dividing townships ten and eleven. Immigrants had crossed the Big Blue river in great numbers, and the coun- ties of Washington, Republic and Cloud were being rapidly settled; and in order to provide a land office more convenient to the settlers than the one at Junction City, at the mouth of the Republican river, the new land district was created. The land office for the new district was established in Sep- tember, 1870, at Concordia, the county seat of Cloud county, a village consisting of three small cabins, situated on the south bank of the Republican river, on section 33, town- ship 5, range 3, west. A clever writer has said, "There is something very fasci- nating in public office.^' There may be, but I have failed to (82) REPUBLICAN LAND DISTRICT. 83 discover it. It is a species of servitude in which the honor is neutralized by a constant fear lest the occupant will receive a reprimand for every error committed, if not an absolute dismissal from his position. The unstable tenure of office under the infallible rule in American politics, that rotation in office is the legitimate custom in every political campaign, together with the intrigues of the "outs'^ to displace the "ins'' — especially those "outs" who imagine they have been ingloriously "left'' by an ungrateful republic — requires the utmost vigilance on the part of an officer to maintain friendly relations with those who possess the power and influence to cause removal and dismissal at any time. The same writer says : "An honorable ambition to serve one's country is one of the highest and most ennobling pas- sions that can govern the human mind." In the civil ser- vice, I doubt if that type of ambition was ever the controlling influence that prompted an individual, however honest and trustworthy, to accept a subordinate position in the civil de- partment of the Government. Abolish the fees and salaries, and the subordinate offices would be declined and deserted. In the military department there are exceptions. In that department there are many, in time of war, who serve their country at the peril of life, with no other motive than an honorable ambition to serve faithfully and win distinction — 84 THE NORTHERN TIER. true exponents of the " noblest passions that can govern the human mind." In addition to the emoluments of a civil office, there is doubtless another influence that ministers to the ambition of subordinate Federal office-holders — a fancy or suspicion that they are regardecl by their neighbors and friends as superior in intellect and judgment, possessing a prophetic insight into the most profound subjects, and entitled to a goodly portion of the hero-worship that pervades all classes of society. It was not the seductive influence of official position, nor a high-toned ambition to serve my country, but the potential charm of a lucrative salary, coupled with a desire to enjoy life for a time among the homestead settlers on the frontier, and to assist in the development of a neglected portion of the State, that induced me, in August, 1870, to accept the posi- tion of Receiver of the land office subsequently located at Concordia. In addition to the preemption law of 1841, the homestead law of May 20, 1862, with amendments, had been in force several years, and had proved a success in settling up the frontier with actual, bona fide settlers. The law required settlement, residence, and cultivation, thus preventing specu- lators from acquiring title to large tracts of land. One of the noblest acts of the then fully dominant party, was the REPUBLICAN LAND DISTRICT. 85 enactment of the homestead law, by which a settler, for the sum of eighteen dollars, with five years' residence on and cultivation of a tract, could acquire title to a quarter-section of land. A number of families were enabled to secure homes in one vicinity, and thereby could support schools and churches, and establish the various social relations. The hardships and vicissitudes of the settlers were often greater than the people of the Eastern States imagined. It was natural for those in the thickly-settled New England and Middle States, surrounded with facilities for comfort and luxury, to imagine that a homestead-settler, by procuring a quarter-section of land for a mere nominal sum, in the midst of an extensive prairie, surrounded with nature's embellish- ments, was a fortunate being, who with a few days' labor could convert his new possession into a garden of beauty and fields of plenty. Hence the landless in those States were in- duced to make the trial by the gratuitous advice of friends, and elaborate articles in newspapers, culminating in the mem- orable words of an eminent journalist — "Go West!" After careful observation, together with practical experience, I have no hesitancy in asserting that the man who takes his family to the frontier, and with them resides five years on a home- stead, and fulfills the requirements of the law as to cultiva- tion and improvements, pays a valuable consideration for the 8Q THE NORTHERN TIER. land. The men and women who compose the homestead set- tlers on the frontier deserve the approbation and charitable sympathy, not only of those who conduct the Gov^ernment, but of the entire people of the older States. To them the nation is indebted for the rapid advancement of civilization westward into the wild waste, and the development of the nation's domain of uncultivated prairies, capable of yielding vast returns of wealth in time of peace, and power in times of public danger. It became necessary to the welfare of the nation that the Indians and buffalo should be driven westward and the coun- try developed, in order to secure homes for the immigrants from Europe, induced to seek our shore by the liberal pro- vision of our free government; and the homestead law has proved a success to the satisfaction of its framers, in causing the prairies to be checkered with school houses and churches, while agricultural pursuits have rapidly changed the face of the country into cultivated fields and homelike landscapes. The land office having been established at Concordia, it became necessary to have a building erected for its accommo- dation. At the close of the September term of court in Troy, in 1870, armed with my official papers as Receiver, I shook the dust of Troy from my feet, bade adieu to my friends, with a sigh of regret at parting with the members of the Northern REPUBLICAN LAND DISTRICT. 87 Kansas bar, with whom I had been so long associated, and started westward to a new field of labor on the frontier. My starting seemed unpropitious. Soon after the train left Atchi- son a violent rain storm set in, and after I arrived at Water- ville, the then terminus of the road, the rain continued to pour down in torrents the entire night. The small streams rose rapidly, and Coon creek seemed little less than a foam- ing cataract. The rain would cease for a brief period, seem- ingly only to renew its fury after the interval. There was no public conveyance from Waterville west. My only de- pendence was to secure some kind of private conveyance; and after repeated trials I succeeded in inducing a party to take me to Clyde, on the Republican river, by paying him a suffi- cient sum to have secured a passage in a steamship across the Atlantic. The vehicle was an old-fashioned farm wagon, that looked as though it might have been used in the last century, drawn by a pair of small ponies, whose lack of flesh and emaciated condition denoted that they had been fed at least once a week. The roads were in the worst possible con- dition, with the mud averaging from six to ten inches deep, of the consistency and tenacity of shoemakers' wax. Out of compassion for the ponies I walked more than half the way, and with at least five pounds of mud clinging to each boot, 88 THE NORTHERN TIER. I trudged wearily along, my gait resembling that of a con- vict wearing a ball and chain. A commercial traveler, selling "Fairbanks's scales," was my traveling companion, going to Clyde in the interest of his employers. His conversation was frequently interrupted by his sudden exclamations about the mud, accompanied with expressive adjectives of questionable morality, to be succeeded by sundry stanzas of some fugitive old song of by-gone days^ such as — "Now summer blinks on flowery braes, And o'er the crystal streamlet plays, Come let us spend the lightsome days In the Birks of Aberfeldy." Near the close of the day we reached Peach creek, twenty- four miles from Waterville, where one of the ponies became so exhausted that we were obliged to remain over night with a hospitable settler. The next day was a repetition of the previous one, with the addition of a rain during the night to increase the depth of the mud, and add to our discomfort in traveling. With numerous halts to pry the wagon-wheels out of the mud, late in the afternoon we arrived at Clyde. At that place I met two acquaintances — one a State Senator, the other the editor of the Republican Valley Empire, the only newspaper pub- lished in the Republican valley above Junction City. REPUBLICAN LAND DISTRICT. 8^ After a friendly greeting and social introductions, my friends procured another team, and a number of the citizens of Clyde accompanied me to Concordia. It was arranged that we should go as far as Sibley that evening, spend the night there, and cross the river to Concordia the next morn- ing. Among the number was Judge B , a lawyer, whose weight (avoirdupois) was a trifle less than three hundred pounds. Whole-souled, humorous, benevolent and kind^ with a never-ending fund of anecdotes, he was one of the liveliest and most genial traveling companions I had met in the West. His wit and anecdotes, being inexhaustible^ revived my drooping spirits, and dispelled the gloomy fore- bodings augmented by my trip from Waterville to Clyde- Near sunset we arrived at Salt creek, and found the bridge washed out, and a plank laid across the stream for foot- passengers. The glories of a Kansas autumn day were about to be enveloped with the mantle of twilight; the sun was disap- pearing beyond the western plains, flooding them with its golden beauty, until the commingling of emerald and sapphire dazzled the eye with its beauty; the rippling waters of Salt creek glittered and sparkled as the last lingering rays of the sun fell upon them, and they flowed onward to mingle with the current of the Republican. 90 THE NORTHERN TIER. The only way to cross the stream was to lead the horses across on the plank, in single file, and separate the compo- nent parts of the wagon, convey the several parts across, and put them together on the other shore. It was a difficult task, but rendered less discouraging by the wit and rollicking humor of the Judge. In due time we arrived at Sibley, where we were enter- tained with that genuine hospitality that is the prominent trait in every household among the homestead settlers on the frontier. Early on the following morning we made prepar- ations to cross the Republican river, to the town site of Concordia. The river was high — in places overflowing its banks — and the raging flood bore on its surface a large amount of drift-wood, and portions of trees were plunging onward in the swift current. The only means of crossing was an old skifi^, the owner of which would permit but one of us to enter and cross with him each trip. It seemed a dangerous voyage, even in that manner. After a brief con- sultation it was decided that the Judge should make the first trip across in the skiff, and if the craft did not sink with him in it, it would be safe for the others. It was agreed that when the skiff had passed beyond the main current, if the Judge considered it safe for either of us to attempt to cross, he was to give us a signal by waving his hat. He sat calmly REPUBLICAN LAND DISTRICT. 91 in the craft until it passed the middle of the river, when he waved his hat in triumph, and sang the well-known lines of the beautiful song — "A life on the ocean wave, And a home on the rolling deep." In due time we were all safely transferred across the river. Upon announcing that the land office was permanently located at Concordia, the members of the town company be- came enthusiastic; selections for building sites were in order, and the excitement increased as the prospect of seeing their beautiful town site occupied by dwellings and business houses in the near future grew brighter. Preparation was immedi- ately made for the erection of a building for the land office. At that time there were only three small cabins on the town site, the land -office building, when completed, being the fourth; but as notice had to be given of the opening of the office for business, it was not opened until the sixteenth of January, 1871. A custom that prevailed on the frontier at that time was that, upon the completion of any building, either for a busi- ness house or residence, it must be dedicated with a dancing- party, at which the young and middle-aged, married and single, among the settlers, participated with that social hilarity characteristic of frontier life. Upon^the completion 92 THE NORTHERN TIER. of the land-office building, it was resolved by the young peo- ple and the members of the town company to have a dancing- party in the building, and invitations to attend were sent to the settlers in the surrounding country. As time had dragged heavily while waiting for the appointed time to open the office for business, I attended the party. To all the invitations by the gentlemen to join in the dance I refused, and protested that I could not dance. I saw a consultation among the ladies, but I little suspected that a playful conspiracy wa& being arranged, of which I was to be the victim, until it was announced by the floor manager that the next dance would be a quadrille, and the ladies would choose their partners. A lady politely requested me to join her in dancing the quad- rille. What could I do? With no experience at dancing, it seemed impossible to comply with her request, and it would have been impolite to decline it. In the midst of my con- fusion the lady politely and pleasantly informed me that it was the desire of those present that I should join in the dance, and the mischievous smile that embellished her coun- tenance banished my indecision, and we sought our position among the dancers forming for the quadrille. Reader, did you ever dance? If so, and you remember your first attempt, you can appreciate my situation as I stood there waiting for the music and the prompter to announce. REPUBLICAN LAND DISTRICT. 93 *^A11 to places!'^ aware that I should commit sad mistakes, and doubtless sadly mar the pleasure of others. Think of a man wearing number ten mud boots going gracefully through the movements, counter- movements and promenades of a quadrille, without previous training or experience! At length, " Music arose with its voluptuous swell," And the clarion voice of the prompter rang out, "Balance all!" The graceful movements of my partner, when com- pared with my clumsy endeavors, seemed like a fairy before a statue. In vain did I try to imitate the others. There appeared to be power of cohesion between my boots and the Cottonwood floor. How I managed to go through the quad- rille without interfering with the movements of others, is a mystery. I overheard my partner telling another lady that, " The Receiver may be posted in land business, but he is not a success as a dancist." When the refreshments were brought in, the floor manager announced that the Rev. Romulus Pintus Westlake would preach in the building on the following Sunday. Rather an inappropriate time and place for such an announcement, but pardonable, under the circumstances, on the frontier. After supper the dancing continued, and during the small hours of the night I retired; and as I stepped out of the 94 THE NORTHERN TIER. building on the prairie grass, I heard a coyote on the hill where the school house now stands, blending his tuneless, discordant yelping with the echo of the night wind, forming a striking contrast with the music of the violin within the building. As I listened to the coyote's doleful complainings, I speculated on his probable future, concluding that ere long the greyhounds of some sporting immigrant would contest his hereditary right to pour forth his long-drawn bowlings nightly on a part of the town site of Concordia. CHAPTER 8, THE SEEMON. The Rev. Romulus Pintus Westlake was not one of the straight -jacket, camp- meeting relics, whose sublime piety ignores a smile or a joke on Sunday, or whose week-day sanctity forbids story-telling and innocent amusements. On the contrary, he was a genial, social companion — witty, eccen- tric, humorous, and void of pride or selfishness. He enjoyed a good story, and could relate many laughable ones ; withal, however, possessing an excellent moral character, of good habits, and temperate in all things save eating. He relished a good dinner, and if there was any one faculty in which he excelled, it was in his capacity for measuring the quantity as well as testing the quality of provisions at meal-time. He would close a sermon abruptly at sound of the dinner-bell. I had doubted the truth of the irreverent tradition that at- tributes to preachers a special fondness for poultry, until I saw the major portion of a large roasted fowl suddenly dis- appear before the conquering appetite of the Rev. Romulus. His wit and eccentricity were of that character that, had (95) ■96 THE NORTHERN TIER. he flourished during the reign of Charles the First, his ser- vices would have been in request as a court jester. His be- nevolence and charity to the poor were unbounded, and none left his cabin unsupplied. His birth-place and juvenile residence was in Virginia, near the head-waters of the Kanawha, among the foot-hills •on the western slope of the Alleghany mountains. His early education was limited, partly owing to lack of facil- ities, and partly to his inability to properly value the daily confinement in the log school-house of the district, as com- pared with the pleasure of extracting raccoons and rabbits from their retreats among the rocks or hollow trunks of de- cayed trees, or of lounging in the shade of the green old woods that skirted his native hills, or of gathering chestnuts in autumn, as they fell from the expanding burrs and rattled down the side of the mountain. Like all boys reared amid mountain scenery and forest shade, he was fond of fishing and hunting. To recline lazily on the bank of a mountain stream, fishing-rod in hand, or climb the ragged woodland hills, and listen eagerly for the long-drawn yelp of the fox- hound, furnished him more genuine pleasure than the mo- notonous recitations of the school-room; and many hours were thus spent that should have been devoted to study. He inherited and adhered to the traditional theory of his THE SERMON. 97 ancestors concerning the influence of the moon upon vegeta- tion, and believed that unless garden-seeds, potatoes and other vegetables were planted before or after certain changes of the moon, they would not produce a crop; he also held that a cabin should be shingled, or an old-fashioned rail- fence built, only during certain phases of the moon, the proper time being ascertained by resort to the dust-covered almanac suspended from the convenient nail driven into the cabin wall adjacent to the family clock. He was a firm believer in the ground-hog as a prognosti- cator of the weather — maintaining that, on the second day of February in each year, the animal emerged from his bur- row, and if he saw his shadow, immediately returned to his winter-quarters for six weeks, during which period winter would continue to wrap the earth in its icy mantle. He also believed in another tradition or theory of his an- cestors, commonly called "water witchcraft,'^ which was prac- ticed by holding a forked stick in the hands and meandering about the premises in the vicinity of the spot selected for a well, the stick-holder maintaining that, when he arrived at the spot beneath which was a vein of water, the stick would indicate it, and by the number of its revolutions would also indicate the depth of the water below the surface. He car- 98 THE NORTHERN TIER. ried this superstition into practice with success among the credulous settlers in the vicinity of his homestead cabin. He dated his church-membership from an exciting camp- meeting on a tributary of the Kanawha, when a young man, after he had "sown and harrowed in his wild oats." He served his country faithfully during the war of the Rebellion, and doubtless was entitled to be designated by some one of the military titles indiscriminately bestowed upon politicians and men of notoriety in Kansas. I am unable to learn in what capacity he served in the army, whether as chaplain or private. I infer, however, that he was in the cavalry service, from an illustration I heard him employ once in a sermon. His text was: "He paweth in the valley, and smelleth the battle afar oif/^ Said he, " My text revives my recollection of an occurrence that happened when I was in the army, at the Battle of the Wilderness. My horse smelled the battle 'afar off,^ and notwithstanding all my exertion at spurring and thumping the heels of my army shoes against his flanks, he would not move forward; and finally, smelling the battle stronger, he wheeled and carried me so far to rear that I did not overtake my command until the battle was ended; and I came near being court-martialed and punished for cowardice, all owing to my horse smelling Hhe battle afar off.' He was like some church-members who remain in the rear, while the THE SERMON. 99 minister and zealous members are firing along the whole line at the front/' A Virginian by birth, a Christian by practice, a wit by na- ture, and eccentric beyond the ordinary development of oddity in the make-up of man, he was a popular preacher and cir- cuit rider on the frontier. Judging from the irregular boundaries of his circuit, the distance he traveled, and the promptness with which he ful- filled each appointment, I infer that he was either converted by, or was a disciple of that eccentric preacher, Lorenzo Dow. He was not handsome in feature, but he had a musical voice, which, added to his eloquence, eccentricity, zeal and enthusi- asm, secured his popularit}^ as a preacher among the settlers. His eloquence, when he could control it, was of a high order, but the balance-wheel of his mind was of so little force that there seemed to be a total absence of the power of continuity; and frequently when preaching he would follow his text and pursue his subject logically, with powerful elo- quence and convincing pulpit oratory, for a short time, when suddenly his ideas seemed to expand and diverge from his subject, and scatter in all directions. At such periods in his sermons, his voice rolled in stately measures from the pulpit, his wit sparkled, and his anecdotes and illustrations .100 THE NORTHERN TIER. embraced all subjects between the two extremes of the sub- lime aud the ridiculous. He would institute a comparison between the tents of Israel and the sod-roofed "dug-outs" of the homestead settlers, or liken Judas Iscariot to a '^ first- class dead-beat of the nineteenth century." His eloquence would flash out for a moment like a brilliant meteor across the western sky, and disappear amid the gloom of incoherent reasoning, random assertions and irrelevant illustrations. His sermons, though serio-comic, disclosed sufficient traits of his character to demonstrate the fact that his religious life was void of bigotry, selfishness or prejudice, so frequently concealed beneath the cloak of sanctity. He was independent in politics, and bitterly opposed to human slavery, and believed the negroes would make better citizens and Christians than the Indians. He had suffered some by Indian depredations, and had an inveterate hatred towards that degenerate race. He was opposed to attributing the grasshopper devastations and other destructive agencies to Providence, and to use his own language, "There was attributed to Providence, fre- quently, by disappointed men and w^omen, more than is con- tained in the catalogue of inflictions." He enjoyed life, always viewed the bright side of the pic- THE SERMON. 101 ture even in misfortune, never borrowed trouble, but always encouraged faith and hope when poverty and suffering crossed the threshold of the settlers. Such is a brief description of the Rev. Romulus Pintns Westlake, who was announced to preach in the land office building on the following Sunday. He appeared at the ap- pointed time, and the settlers for miles around came to hear him. Upon inquiry it was ascertained that there was not a Bible in the village, and the preacher had failed to bring one, and likewise had forgotten his text, but intimated his ability to find it if he had a Bible. After reflecting a moment, he re- membered detached portions of the passages, but had forgotten the exact language, or the order in which they appeared in Holy Writ. After the usual preliminary ceremonies, he pro- ceeded substantially as follows : "My friends and fellow-travelers in this wild frontier region — the land of our adoption — my Christian duty impels me to appear before you and present to you that brightest jewel among the gifts bestowed upon man- kind (the gospel), as taught by those who have gone before me — the 'lat- chets of whose shoes I am unworthy to unloose.' The regard I have for the truth compels me to admit that I have forgotten the chapter and verse, as well as the exact language of my text; but as near as I remember, it is about as follows: * Disturb not the old landmarks, though you be hewers of wood and drawers of water;' from which I deduce and supply the fol- lowing as the foundation of ray remarks on this occasion: 'Hew to the line, let the chips fall where they may.' The text clearly demonstrates that 102 THE NORTHERN TIER. those who uttered it had an eye to business, temporal as well as spiritual, Whether Solomon was right in forbidding the removal of the old land- marks, or Joshua in imposing the duty of hewers of wood and drawers of water upon the conquered Canaanites, is a question too profound for a common preacher on the frontier, and I accept all Bible teaching as true, as I find it, without adding to or subtracting from it one jot or tittle. " But being without a Bible, I am compelled to use a figure of speech on which to base my sermon — hence my subject, 'Hew to the line, let the chips fall where they may ; but disturb not the old landmarks in doing so.' Judging all the homestead settlers by myself, they are all more or less 'hewers of wood and drawers of water,' in a physical and moral p'int of view; differing from the hewers and drawers of old time in this, that the homestead settlers are free and independent, in a free country, while the old-time hewers and drawers were bondmen, or slaves. That part of the text that commands, * Disturb not the old landmarks,' might be applied to the monuments and corner-stones erected by the surveyors when this coun- try was surveyed, but I apply it to the moral and religious landmarks estab- lished by the church in its early days. "A departure from the old landmarks thus established, leads to new and doubtful theories and doctrines; and little by little the first principles and original doctrines are lost sight of, and infidelity, spiritualism and kindred dogmas usurp the place of the grand apostolic doctrines in the mind, and the original truths are discarded by those who seek the seductive paths of science and embrace the 'liberal' tenets of infidelity. Therefore, disturb not the old doctrinal landmarks of faith, lest you meander too far from the true line — the original witness-trees or monumental corners of the true survey. "The hewers of wood and drawers of water produce more happiness in the world than the nobles and aristocrats who bask in the sunshine of idle- ness, and subsist on the products of the honest toil of the laborers. The blood of a king whose commands rack a nation from center to circumfer- ence, and whose sword awes a continent into submission, is no better than that of the serf whom the king holds in bondage or in servile allegiance. He who was rocked in a sugar-trough for a cradle, and reared in the moss- THE SER3I0N. 103 grown log cabin, may be a better, happier and wiser man than the aristocrat, whose infant cries were smothered with gorgeous drapery in a magnificent cradle, and reared amid the frescoed halls of a palace. "The honest laborer and Christian who 'hews to the line/ and makes society better and happier, and causes the light of civilization to penetrate the wilderness, thus dispelling the gloom of ignorance and barbarism, and causes Christianity to spread its genial rays wide over the world, may truly be classed as one of Nature's noblemen. " Many there are who, unhonored, have left in every footprint, from the cradle to the grave, brilliant examples of honesty and integrity ; whose energy and enterprise have caused the rose to blossom upon the desert waste, beautified the forest wilds, and gathered the splendors of the valley into the storehouse of usefulness. They hewed to the line, and won their reward in the sweat of honest toil. It has been written, * Whatsoever thou findest to do, do it with thy might;' and, I add, when thou doest it, 'Hew to the line.' " Pope said, 'An honest man is the noblest work of God.' What kind of a job would the old poet have designated a 'dead-beat,' or a dishonest rascal whose daily life is a routine of rascality, blasphemy and wickedness? Christianity, when professed and practiced sincerely, not only makes men better and happier, but also causes them to exhibit honesty and integrity of purpose in their intercourse with their fellow-men, thereby aiding to diffuse happiness throughout society. 'Remove the beam from thine own eye before thou searchest for the mote in thy brother's eye,' is as applicable west of the sixth principal meridian as it was nearly two thousand years ago on the shore of the Mediterranean. "There are many men, however^ who bottle up their religion on week- days, and make a regular soda-fountain of it on Sunday." Here some of the audience at the rear end of the building began to laugh, which soon spread among the entire congre- gation. I expected to hear the preacher reprove them; but instead thereof, he smiled one of his peculiar pleasant smiles, 104 THE NORTHERN TIER. and looking at the audience for a moment, exclaimed in an emphatic manner, "Laugh and grow fat, but hew to the line!'^ This was too much for the audience, and they enjoyed a hearty laugh, in which the preacher joined. As soon as- order was restored, he proceeded as follows : " There are other men who whittle their religion, like a boy whittling a stick, down to the fine point of nothing." More merriment among the audience, in which Romulus- joined, after which he again proceeded, as follows: "Charity begins at home, and with many people remains at home. It has been written, 'Love your enemies;' and I do try to love mine, even the Indians, according to divine command, if they will stay away from this- country so far that ' Distance lends enchantment to the view.' "A philosopher may learn wisdom from a fool, and a Wall-street broker may learn integrity from a homestead settler. The difference between a sea captain and a stage driver is not so great as most people imagine, as- both are clothed with grave responsibility. The Ten Commandments are a wise collection of rules, and if strictly obeyed, the people would be better and happier — peace and good order would reign. But some strictly ob- serve one of the commandments, and perhaps violate the others. A deacon may swap horses with a layman and get the best of the bargain, or a man of the world practice chicanery with an easy-going Christian without any check of conscience. Others assume the voluntary responsibility of attend- ing to the affairs of an entire community, by dictating their duty in detail, making telegraphic announcement of the short-comings of their neighbors- throughout the neighborhood. All persons have their friends, some more, some less, but everyone is the recipient of more or less censure from the gossip-heralds of the community. But those who 'hew to the line,' regard- less of the fault-finding of others, sooner or later will brighten the pathway of Christianity. "Human nature is the same in all ages of the world; cultivate it in the THE SERMON. 105 right direction, and it develops the beauty and ornamental design of the Creator; debase it, and it becomes the opposite. "While the pagan is worshipping his idol, the civilized Christian read- ing his Bible, the Indian is daubing his face with war-paint, counting his scalps, or reconnoitering a frontier settlement, to rob and murder — all done by the light of the same sun that illuminates the universe. States- men wrangle about, the affairs of government, kings go to war for suprem- acy and power, while the homestead settler breaks prairie, plants his crops, and reads his Bible in his rude dug-out, and is the happiest man. "Though his dug-out is rude in architecture, it shelters him and his family; and the wind may whistle through it, the wolves howl around it, but his little family gather closer about him as he reads his Bible and offers his devotions. He is in his castle, across the threshold of which no po- tentate dare venture without permission, and no sectarian scepter deters him from his Christian duty of hewing to the line, and training up his family as he was trained in his old Christian home in the East. There are many such dug-outs and such homes up and down this valley, and scattered over the frontier, before the doors of which my pony has often been hitched while I preached within. "The line should be straight, not zig-zag. Every bee-hunter knows full well that when the bee leaves its field of labor and starts for its home, the hive, the course it pursues is in a straight line. Though it may have wan- dered into new floral fields hitherto unexplored, or threatened by the near approach of a storm-cloud, its instinct teaches it that its chosen straight line is the shortest route to its home, and no deviation lengthens its jour- ney. A true man may learn wisdom from the flight of the honey-bee. " The zig-zag line is often followed in the journey of life, and in the scramble for the almighty dollar, and, like a cotton wood-board fence, is alternately warped and straightened by the storms of misfortune, or the sunshine of pleasure and happiness. "The straighter the line of conduct, the less the pressure on the con- science; and when the end is reached, the memory stretches backward to the paths of the past, lingering a moment at the guide-posts that pointed the route of travel through the moral world. 106 THE NORTHERN TIER. "Many inon during their evil days tear down the partition wall between their conscience and their daily practice, and fail or neglect to repair or rebuild it after they make profession of a change in their moral conduct, or deail-head their way into the church. The evil one erects false guide- posts all along the pathway of life, primed and painted with the allure- ments of vice, that sooner or later cause the traveler or hewer to deviate from the true straight line, and he wanders into the wilderness of wicked- ness and despair. "There are no proxies in religion, and :is every tub stands upon its own bottom, so verily, 'he that tooteth not his own horn, the same shall not be tooted.' If you are on the down grade, put on the brakes. "Chalk your line with the best intentions and resolutions you have, then hew to it without disturbing the 'old landmarks,* all along the journey of life, through evil as well as good report, on week days as well as Sundays, amid prosperity and adversity, with charity and Christian duty inscribed on your banner, and you will have a morality that will neither rip, ravel, nor rust. "I do not preach for money, and 1 never ask for any contributions for my preaching; but if some kind friend will invite me home with him to' a good dinner, and furnish some provender for my pony, he will receive his reward." He usually sang all his hymns in the same tune — Old Hundred — and he closed his services by singing the words of the Doxology in that venerable tune, with his musical voice and original variations, while a few of his congregation sang the words in tlie pro})er air; and if the discord was de- tected by anyone present, due allowance was made for the privilege of having a sermon and time-honored hymn-singing on tlio frontier. CHAPTEH 9. HOLDING COURT. During the interval between the completion of the build- ing for the Land Office, and the opening of the office for business, the fall term of the District Court for Cloud county was to be held in Concordia, the new county seat, for the first time. On the day fixed by law for convening court the judge of the district failed to put in an appearance, and a message was received that he was unable to appearand hold court on account of sickness. A goodly number of law- yers, clients, witnesses and the regular petit jury were in attendance, all anxious that court should be held. The trial docket showed sufficient cases for a whole week's work. A number of criminal cases were docketed in which the defend- ants were on bail for their appearance, and having appeared were in charge of the sheriff and his deputy, the sheriff having been advised by the newly-elected county attorney — who, by the way, had not yet qualified nor entered upon the discharge of his official duties — that he (the sheriff) must take the pris- oners into his custody. The prisoners were anxious to be ( 107 ) 108 THE NORTHERN TIER. tried aud know their fate, and their vigilant bondmen were present desiring to be released from further responsibility. A number of divorce cases were docketed which the plaintiffs were solicitous should be tried, for some reason unknown to all save their attorneys, who, from the statements of their clients under the ban of professional secresy, were doubtless aware that executory verbal contracts of marriage with " num- ber two" had been entered into and could not be postponed. Hence the attorneys were determined that court should be held, ostensibly, as they insisted, for the reason that some of their clients were in the custody of the sheriff, restrained of their liberty, but a more potent reason was inferred to be that their fees were not to be paid until the cases were tried, and were contingent upon a successful termination of the litigation. A meeting was held to determine whether a pro tern, judge should be chosen and court held. At the meeting Judge B made a speech, as follows: ^'Mr. Chairman : Court must be held. My clients and others are in cus- tody and restrained of their liberty. They are here demanding a full-grown trial, by an impartial jury — if we have any in this free country — and I be- lieve we have." (The last remark was made for the benefit of the regular panel, who were in attendance.) "There are a number of yeomen here as prisoners, restrained of their liberty — that liberty for which their forefathers fought during the Revolution; that liberty for which Washington crossed the Delaware amid floating ice, under a moonless sky at midnight, on that night of nights ever memorable, Christmas; and that liberty written in let- ters of living light by the pen of Jefferson in the Declaration of Independ- HOLDING COURT. 109 ence; that liberty the centrifugal force of which radiated from the hearts of the Green Mountain Boys, verified and sealed with the blood of patriotic Puritans on the brow of Bunker Hill, on the banks of the Brandy wine, among the snow-clad hills of Vslley Forge, and at Yorktown, where Corn- wallis threw up the sponge and laid his British sword at the feet of the father of our country ; that liberty that was inserted in the bill of rights in our American magna charta, and defended by Dan Webster, Henry Clay and Andy Jackson, and all the other great statesmen who nave crossed the shadow of the rotunda of the capitol of our country, and which has been for eighty years the boon of every American citizen, native or naturalized." (The closing part of the last sentence was intended by the Judge for the naturalized Swedes who were on the jury.) "In behalf of the aforesaid liberty, and my clients who are in durance limbo, I demand that a judge pro tern, be chosen and court held !" The speech of the Judge decided the question, and it was resolved to elect a pro tern, judge and hold court; and the members of the bar retired to a room to choose the judge. I was sitting in my temporary room poring over the dry pages of " Lester's Land Laws and Decisions," and the circulars of the General Land Office, when three members of the bar ap- peared as a committee, of which Judge B was chairman. The Judge, as chairman, addressed me as follows: "Most potent, grave and silent denizen! Thou profound, sun-tanned, weather-beaten relic of the Eastern Kansas bar! Our judge having failed to put in an appearance owing to sickness, caused by overloading his stom- ach at a festival, and the welfare of the country depending upon court being held in this embryo city, the future emporium of this valley, and that the peers of your Honor and members of this committee, who are restrained of their liberty, may be released, the innocent acquitted, and the guilty pun- ished according to the statute in such cases made and provided, and the 110 THE NORTHERN TIER. long-delayed creditors receive their just due, the members of the bar of this county have held an election as provided for in the constitution ; and learn- ing that in the land from which you have journeyed you were an expounder of the law, and knowing that you are a stranger to all our clients and the parties litigant, and not of kin to the County Attorney, we have concluded that you are the most suitable person to represent justice, as the goddess of that ancient and mysterious theory was represented as blindfolded, which, however, is not strictly in accordance with that maxim from scripture, 'If the blind lead the blind they will both be mulct in the cost.' However, we have chosen you pro tern, judge. Will your honor please accompany the committee to the Clerk of the Court, and be sworn to support the con- stitution of the United States and of this State, and all acts and parts of acts not in conflict therewith, and otherwise discharge the duty of pro tern. judge." For some reason, not well founded, the Judge imagined that I was a member of some church of the strictly ortho- dox school, and being well read in the scripture, and of a retentive memory, in his address as chairman of the com- mittee, he drew largely from the Bible for his reasons and illustrations, the most of which quotations I have forgotten. History was not neglected in that address, and "The restless Komans throwing aside the trappings of place and pride, and calling Cincinnatus from his plow in the corn-field to preside over the Roman Senate," is a sample of the histor- ical eloquence of the Judge in his elaborate address to me. In vain I begged to be excused. The Judge informed me that the meeting had directed the Clerk to fine me for con- tempt if I refused. I protested, that being a Federal office- HOLDING COURT. Ill holder I could not legally act as judge pro tern. He replied that they would waive all technical advantage of that, if any existed. Said he: "There are no politics in this election. I am aware that your Honor is a member of the Kepublican party — the dominant party — and I have no doubt, sir, but that you are one of the bright lights along the pathway of your party, *a cloud by day and a pillar of fire by night' to guide the be- nighted followers of the leaders of your party ; but, sir, there are no poli- tics in this election of pro tern, judge. I know not the politics of the other two members of the committee. I believe they belong to your party; but as for myself, I never deny my politics. I am a time-serving, moss-grown Democrat of the Jackson school, in favor of the constitution and suprem- acy of the civil law. The constitution provides for a pro tern, judge, and the time for which we have elected you is one week, and, as a Democrat, I am willing to risk a Kepublican in oflBce for one week, especially when there are no emoluments attaching." Further objection was useless, and as an accommodation to the attorneys, litigants and jurors, I consented t© serve, and was sworn by the Clerk, and opened court in the land office building. It was a lively court, and elicited more enjoyable fun and rollicking humor than any court I had ever attended. Without specifying each case in its order, suffice it to say that I called the docket each day, granted all the divorces applied for, and in order to preserve the untrammeled right of parties to bring suits, presuming that each party who had commenced an action by filing his petition had legal grounds for doing so, I overruled all the demurrers. There was one 112 THE NORTHERN TIER. case tried before me, however, that I deem of sufficient im- portance to be described in detail, as it involved an unique feature in practice, then new to me, involving the question of making profert of the countenance of the prisoner (the defendant) to the court. As near as I recollect, the case was docketed as — The State of Kansas 1 vs. > Breach of the peace. Hans Von Sederland. J The complaint, in the shape of an affidavit, contained the following language: "The said defendant, Hans Von Sederland, without the fear of God be- fore his eyes, and instigated by his Satanic Majesty, with a double-barreled shot-gun, loaded and charged with gunpowder and bird-shot, with malice aforethought, in and upon one Casper Boonfelter and his cattle, then and there being, did commit an assault with intent to wound, maim and injure him, the said Casper Boonfelter, and his cattle. And the said defendant, Hans Von Sederland, with malice aforethought, with the aforesaid double- barreled shot-gun, so as aforesaid loaded and charged with powder and shot, did flourish in a menacing manner; and the said defendant, Hans Von Sederland, with malice aforethought, the said double-barreled shot- gun, so as aforesaid loaded and charged, did point at and towards the cattle belonging to him, the said Casper Boonfelter; and the said defendant, Hans Von Sederland, with the aforesaid shot-gun, loaded and charged as aforesaid, did threaten to wound, maim and injure the person and cattle of him, the said Casper Boonfelter, then and there being, contrary to the stat- ute in such cases made and provided," etc. The defendant had been arrested, and examined before a justice of the peace, and bound over to appear before the District Court, and in the meantime, to keep the peace HOLDING COURT. 113 toward Boonfelter and his cattle, and mankind generally. The case was called, the prisoner arraigned, and the ques- tion at issue before me was, whether the prisoner should be held to bail further to keep the peace, or be discharged — a case that ordinarily would not occupy the attention of a court but a short time, but which engaged this court, as the proceedings show, nearly an entire day, owing to the lengthy argument of counsel. It is necessary here to give a brief description of the defendant, in order that the reader may fully understand the action of the attorneys and the finding of the court. The defendant, Hans Von Sederland, was a German, and in the course of a long service in the army in Europe, and in the volunteer service of the United States during the war of the Rebellion, had received many wounds, in consequence of which he was somewhat deformed, and at the time of the alleged offense was obliged to walk with a cane. While his countenance bore every indication of honesty and a peaceable, quiet nature, he was perhaps the ugliest man in Kansas; though in that respect, according to Judge B 's speech, he had but little advantage of the County Attorney. The evidence submitted showed substantially the fol- lowing: That Boonfelter was one of those enterprising stock-raisers who had sought to establish himself upon the 114 THE NORTHERN TIER. boundless prairie, where his cattle could range at will, and had built his corral in a belt of timber skirting the banks of the Republican, in close proximity to the homestead of Sederland. Boonfelter's herd was not a large one, consist- ing of the old bell-cow — about nineteen years of age — (in the opinion of the witnesses, calculated from the number of wrinkles on her horns,) with her progeny, grand-progeny and great-grand-progeny, of both sexes, down to the twelfth generation, including the youngest, a rollicking month-old calf picketed in the back yard. The old bell-cow had com- mitted many trespasses, notwithstanding the herd law was in force; and having reconnoitered the least guarded and weak points surrounding Sederland's corn-field, and taking advantage of the afternoon nap of "Bub^^ Boonfelter, who was herding the stock, made a dash for the corn-field, fol- lowed by her numerous progeny. This was more than the impetuous Sederland could endure, and seizing his old rusty shot-gun, that had been loaded for many months, sallied forth with the two-fold purpose of peppering the old bell- cow with bird-shot, and corralling the remainder until Boon- felter paid the damages. In vain he tried to fire the old gun that would have required a gunsmith with suitable tools to draw the charge. Boonfelter with his tardy boy, the herder, appeared on HOLDING COURT. 115 the field, and an amusing scene transpired, according to the evidence. The shot-gun was flourished; high words were uttered in strong language, accompanied with the usual amount of profanity on such occasions. Sederland, being a foreigner, somewhat reversed the natural order of profane words — that is, he swore backwards, or in such an awkward manner as to emphasize syllables differently from the style of American swearers; from which, and upon which circum- stance, Boonfelter founded his belief that personal violence was threatened by Sederland. Much more evidence of an amusing character was adduced. The aifair terminated by Boonfelter obtaining possession of his cattle, without a scratch or blemish at the hands of the deformed Sederland, and the arrest of the defendant for breach of the peace, in which action the magistrate had found sufficient conclusions of fact and law to hold him to bail to keep the peace, and for his appearance at the District Court. The County Attorney appeared for the State, and Judge B for the defendant. After the evidence was all in, the County Attorney requested the defendant to stand up, and he having complied with the request, the prosecutor took him by the arm and led him in front of me. I could not imagine what was his object. I was soon relieved of suspense, however, for Judge B immediately arose and 116 THE NORTHERN TIER. said — "What are you doing with my client?" To which the County Attorney replied, "I desire to make profert of the prisoner to the court. If your Honor please, just look at that countenance'^ — at the same time pointing to the face of the prisoner. "I object,'^ said Judge B , and supported his objection with the following speech: "Sir: It is the most ridiculous proceeding I ever witnessed in court. Simply because my client is not handsome — the ugliest man in the com- munity — to ofler his countenance in evidence to prove that he is a crimi- nal, is a diabolical attempt on the part of the County Attorney to injure the character of my client, after failing to make out his case. But since I cannot prevent your Honor from looking at the face and features of mj client, I implore you to compare his countenance with that of the County Attorney, and then decide, from the vast stores of your knowledge on the subject of physiognomy, as if you were not otherwise informed, which countenance would be likely to adorn the prisoner at the bar, arraigned as a criminal, and which the County Attorney. "Things inanimate are sometimes made profert to a jury; but who ever heard of the countenance of a prisoner arrested on a peace warrant being made profert to the court simply because he is ugly? Sir, you may ran- sack the musty records of antiquity down through the devious paths of the common law, through all the practice of centuries before the King's Bench, at Nisi Prius, or even before the learned justices of the peace in Kansas, and you will not find an instance of such an idiotic attempt to disgrace the practice and noble profession of the law, as this profert of my client by the County Attorney. It will have about as much effect upon your Honor in this case as the light reflected from the putrescent scales of a decayed mackerel in the streets of Chicago would have upon the inhabitants of the planet Uranus ! "I have heard of lightning-bug lawyers and the exegetical blow-guns in pettifoggers' shoes advocating technical nonsense with bold effrontery, but this out-lightnings the most brilliant bug of the species — ranks the HOLDING COURT. 117 <;ondemnedest, meanest pettifogging ever indulged in by counsel in a court of justice, and none but a fungus-growth, mildewed lawyer would seek to impose such an insult upon my ugly but patriotic client! "This venerable Dutchman, who has faced the mouths of belching can- non in the Ke volution of 1848, and whose blood crimsoned the waters of the Danube; who, in defending his adopted country, to use his own language, ^Fit mit Sigel' in the valley of the Shenandoah, and 'Fit mit Kosecrans' from the rock-ribbed slopes of the Cumberland mountains to the blood- stained field of Chickamauga ; who has been roused a thousand times from his midnight slumber on the tented field by the long roll, and sprang to arms to meet the foe in defense of his adopted country, for which he per- iled his life, far from his home and kindred; and who, when the war was over, wounded, disabled, and disfigured by the scars of battle, sought peace and a quiet life on his homestead in this beautiful valley — and now, when he is brought here on a peace warrant into the temple of justice, covered with as many battle-scars as decorated the person of Coriolanus of old, he receives no kindness from a grateful people for his long suffering in behalf of the Kepublic, but is insulted by the County Attorney, who presents the countenance of this scarred veteran and dilapidated warrior as profert to the •court, and as an extra inducement to convict him for pointing a rusty old shot-gun at Boonfelter's aged bell-cow. Eepublics may not be ungrateful, but man, vain man, clothed with the mantle and authority of a pettifogger, "* will cut such fantastic tricks' in a court of record as would make the blind- folded Goddess of Justice weep I" This speech swept away ray judicial discretion, and I dis- charged the prisoner, ordering that he go hence without day ; and as he hobbled out of the court room, he bestowed 2l grateful look that implored a blessing on me for all time. Court adjourned for the term. CHAPTER 10. NORTHWESTERN KANSAS. Kansas occupies a prominent position as the central State in the Union, and her prosperity, secured under discouraging circumstances, and by the enterprise and industry of her citizens, is widely recognized. Young in years as a State, Kansas is ripe in experience, and in those progressive quali- ties that are the sure foundation of greatness. During its first settlement, no portion of the State possessed greater attractions for the agriculturist, the stock raiser, the me- chanic, and the tourist, than that part of Northern Kansas west of the Blue river, called the Homestead Region. The Republican and Solomon valleys, and the country drained by those streams and their tributaries, but a few years ago were the hunting-ground of the Indians, and the grazing-field of the buffalo, elk and antelope, and the an- cestral haunts of the coyotes and prairie dogs. During the war of the Rebellion, the settlements of Northern Kansas had been confined to that part of the country east of the Blue river, and the few settlers who had ventured west of that river were in danger from incursions by roving bands of In- (118) yOBTHWESTEBX KAXSAS. 119 dians. After the war closed, immigrauts again moved west- ward, crossed the Blue, and penetrated this beautiful country. What a lovely and vast landscape stretched before the vis- ion of the beholder! The wide expanse of prairie swept away on either side, dotted here and there with groves of timber, and the vision was only limited by the far horizon. The streams, bordered with timber, could be traced by their winding course in the distance, while the natural grandeur and beauty of the landscape delighted the immigrants, whose only fear was of lurking Indians, who reluctantly yielded their favorite hunting-ground to the advance-guard of civil- ization. The valleys of the Republican and Solomon and their tributaries were the objective points to which the immigrants wended their way. These valleys, in the spring time, were grand and beautiful beyond the power of pen portraiture. The bluffs along the streams were but sloping plains, grad- ually ascending from the bottoms to the upland prairie, with occasional headlands or promontories overlooking the streams on one shore, while on the opposite side were extensive bot- toms and plateaus. If the landscape presented to the tirst settlers a scene of wild loneliness, all this was rapidly changed by the echoes of civilization from the camp-fires and cabins 120 THE NORTHERN TIER. of constantly-arriving immigrants. The grass-covered up- lands, the wide valleys, the shallow, narrow canons, caused by the showers of ages as the water sought an outlet to the streams, the gradual rising ridges, bordered at the base with clusters of plum trees draped with grape-vines, forming a shady retreat for the wild-turkey and jack-rabbit, made up a picture of rural loveliness. Among the natural scenery of this country may properly be classed the mounds, so called, being cone-shaped eleva- tions rising abruptly from the bottoms or upland, which can be seen at a great distance, outlined against the blue sky or hazy horizon. What a scene greeted the beholder, upon as- cending one of those mounds ! The vision had an uninter- rupted range of the wide -extended plain. The mounds constituted lookouts for the immigrant, hunter or traveler, when watching for the approach of Indians. Where is the mound-climber among the first settlers whose heart has not leaped at the view that met his vision on ascending to the summit? In one direction a dark moving mass outlined against the horizon, which the beholder knew to be a herd of buffalo; in another place, a band of elk quietly grazing, while the fleet antelopes dashed over the adjacent ridges. From that elevation the course of the streams could be NORTHWESTERN KANSAS. 121 traced by the darker color of the foliage of the timber skirt- ing their banks, winding away in the distance until lost to view. A prominent feature of the natural scenery of this region is Lake Sibley, in Cloud county. It is in the shape of a horse-shoe, about two miles long, and of the width and depth of the Republican river. In the distant past it was doubt- less the channel of the river, and becoming obstructed by beaver- dams and drift-wood, the river sought its present channel, leaving the lake entirely segregated. The lake is aifected by the river only when the latter overflows its banks and runs into the lake. It is fed by springs, and the water is clear, abounding in fish of several varieties, such as sun- fish, bass, cat and buffalo, the most numerous being the sun- fish and bass, which are caught in great numbers with rod and line, furnishing rare sport that more nearly resembles trout-fishing than any other in Kansas. The shores of the lake are bordered with a dense growth of willows and plum bushes, with a large number of elm, walnut and cotton wood trees, casting a cool shade in summer over the water, beneath whose shadowed surface the lithsome bass and sluggish buf- falo fish find a secluded retreat. Rambling along the shores of the lake, or reclining beneath the shade of the trees with 122 THE NORTHERN TIER. rod and line, reminds one of his boyhood sport in bass-fishing in the streams of the older States. As the shadows lengthen toward sunset, the long-drawn- out music of the katykid pervades the air in mournful ca- dences, suggesting to the mind of the credulous the bare possibility that the original notes of the '^ Dead March in Saul" were derived from the music of the katydid. Be that as it may, there is something in the song of the katy- did in those shadowed glens, along the shore of the lake, that causes the memory to traverse the past to the chirp of the cricket and the song of the katydid at the old homestead, in boyhood days — something that creates a momentary feeling of regret, calls up sad, but withal pleasant memories of the log-cabin, the weeping-willow by the window, the walnut trees in the barnyard, the sugar trees that bordered the lane leading to the pasture, and the stately elms and butternut trees that cast a shade over the moss-grown watering-trough at the spring branch. Such meditations are soon dispelled, however, by the deep base croaking of an aged bull-frog, of high rank, far up the lake, answered by others nearer join- ing in the chorus all along the shore in a variety of keys, from the hoarse base of the great green frog, down to the piping of the juveniles that have but recently dispensed with NORTHWESTERN K ANSA p. 12S their tadpole appendage in the shallow marsh at the foot of the lake. The warning murmu. of the musquito informs one that an old marauder is reconnoitering for an attack upon the vulnerable points of face or ears, just as the line quivers with a prospect of landing a*bass. Barring these temporary interruptions, a day's fishing about Lake Sibley is rare sport. During the spring and autumn months the lake is fine shooting-ground for sportsmen, large numbers of wild geese, brant and ducks congregating there. No part of Kansas, during its early settlement, has suffered more from Indian raids than have the Republican and Solo- mon valleys. The settlers of Ottawa county were disturbed by the Indians more or less from 1860 until 1864. In 1860, Jacob Miller was killed by Indians near the present village of Delphos, and was buried in what is now the city cemetery near Minneapolis, on the 4th of July. After that, no settlers remained in the Solomon valley above Sand creek, until 1863. In 1864, a stockade was built about three miles below where Minneapolis now stands. The fol- lowing incident of the organization of the company for de- fense of the stockade was told me by H. S. Wooden, Esq., of Minneapolis, an early settler, from whom I learned the history of the Indian raids in that county : " In order," he said, " to obtain commissions for a captain 124 THE NORTHERN TIER. and lieutenants in the militia to guard the settlement, it was necessary to have a certain number of men enrolled, and well do I remember when I first saw that company mustered into line, and the arms — old muskets — delivered to them. Many ten-year-old boys were members of the company, and as they marched away, the query rose in my mind as to which was the larger, the boy or the musket — and it was really amusing to see those little fellows at drill." The incident shows to what extent the settlers were driven to protect themselves from the savages, and those boys, now grown to manhood, will never forget their juvenile military training in that old stockade of the past. In 1866, several families, consisting of William Belknap, John Rice and family, Nicholas Ward and family, an old man by the name of Flint, John Marling and family, and some others, took homestead claims along White Rock creek. In August of that year a war party of Cheyennes appeared in the vicinity of Marling's cabin, and while Marling was endeavoring to procure one of his horses for the purpose of riding down the creek to notify the settlers, the Indians en- tered the cabin and dragged Mrs. Marling into the timber, where she was treated in the most inhuman and fiendish manner, and left in an insensible condition. Early the next morning Marling returned with a few settlers, and found his NORTHWESTERN KANSAS. 125 wife wandering over the prairie in an almost frenzied con- dition. Her terrible suffering had rendered her almost wild. The Indians had taken everything movable from the cabin. The settlers then moved to the stockade, in Republic county. In a few days, Ward and others returned to their claims, where they remained until spring. On the 9th of April, 1867, the Indians again attacked the settlement, killing Bartlett, Mrs. Sutzer and her little son, and Mr. Ward, taking Mrs. Ward a prisoner; since which time no trace indicating her sad fate has been discovered. In the summer of 1866, a party of six hunters, consisting of Lewis Cassil, Walter Haines and two others from Clifton, and two sons of William Collins, then living in Cloud county, were all killed by Indians, after a desperate fight, on Little Cheyenne creek, some ten miles west of the city of Concordia, an account of which may be found in another chapter. The Scandinavian or Swedish colony located on the Re- publican river, and laid out the present town of Scandia, in Republic county. The colony extended their settlement up and down the river, and for some distance up White Rock creek. They protected themselves as well as possible against the Indians, and when attacked, left their claims and repaired to the general rendezvous at Scandia for safety. The Excelsior colony, composed largely of Scotchmen, was 126 THE NORTHERN TIER. established in 1869, and built a block- house near where Homewood is situated. The Swedes returned to their claims, but in May, 1869, they were driven back to Scandia by the Indians, who had attacked hunters and settlers farther west on the creek and Republican river, in which attack a settler named John Dahl was killed. About that time, Philip Burk, a resident of Marshall oounty, and six others, while hunting buffalo on the Repub- lican, in the northwest part of Jewell county, were attacked by Indians, and fought their way back to White Rock creek, near its mouth, in Republic county; and upon reaching the Republican river, having exhausted their ammunition, they plunged into the river, and six of them were killed — only one, John McChesney, escaping to tell the fate of the others. A full detail of those Indian raids in that part of the coun- try may be found in the ^'Homestead Guide," by F. G. Adams, and in the pamphlet "History of Jewell County," by Winsor & Scarborough. In August, 1868, the Indians made a raid along the whole frontier settlements, from the Smoky Hill river to Nebraska, mainly upon the Saline, Solomon and Republican. Benjamin White, who resided on what is now called White's creek, in Oloud county, was killed, and his daughter carried into cap- NORTHWESTERN KANSAS. 127 tivity. On the Republican, in the vicinity of White Rock creek and Scandia, the settlers suffered, but the heaviest blow was struck on White's creek and on the Solomon. Miss Jennie Paxton was teaching school on the present town site of Glasco, on the Solomon, and hearing that the Indians were advancing, she, with her pupils, started for the nearest place of safety. The Indians discovered them, and gave pursuit. The teacher was a brave young lady, and kept between the little children and the advancing savages, and they all reached a place of safety, except a boy, a son of Capt. H. C. Snyder, who was overtaken. Young as he was, he made a gallant resistance, but was left for dead. He was not mortally wounded, however, and finally recovered. At that time Mr. Morgan, residing in Ottawa county, was wounded, and Mrs. Morgan, his wife, taken prisoner, who, with Miss White, captured on White's creek, was kept by the Indians six months, and suffered intensely, until both were rescued by General Custer. In the spring of 1869, a son of Mr. Adkins was killed by the Indians on the Repub- lican river, eight miles above Concordia. The last raid was made by the Indians in the summer of 1870, when three men were killed at the mouth of Limestone creek, in Mitchell county, and the settlers of Jewell county, on Buffalo creek, saved themselves from attack by collecting 128 THE NORTHERN TIER, together and building a barricade, or fort, on the present town site of Jewell City. It was called "Fort Jewell,^' and is one of the interesting features in the early history of Jewell county. But the Indians have gone — none having appeared in Northwest Kansas since 1870, until the fall of 1878, when the Northern Cheyenne band escaped from their reservation in the Indian Territory, and in going northward crossed the western part of the State, and committed numerous murders and outrages in Decatur county and vicinity. The buffalo, too, have been driven westward by the onward march of civilization, and Prentis's "Star of Empire on the old-time wagon wheels" is now conveyed on locomotive trucks. In lieu of forts and block-houses are the depots of railways, and instead of the war-whoop of the Indians is heard the whistle of the locomotive along the Republican and Solomon valleys. All this change in eight years; and ere eight more years have passed away the entire northwestern portion of the State will be thickly populated with indus- trious, enterprising people, and doubtless the trains of the C. B. U. P. Railway will be running to Denver. In the summer of 1858, T. F. Hersey and a party were traveling up the Solomon, and camped for a night on the oval-shaped mound near where the mill now stands in Beloit, NORTHWESTERN KANSAS, 129 at the base of which mound was a spring of pure water. The night was cloudless and lighted by the rays of a full moon, and as Hersey lay on his blanket he heard a rippling sound as though the water of the Solomon was running over shal- low falls; and he waded out into the stream and found a ripple of considerable fall, with rock bottom. Though it was night, his keen perception at once satisfied him that there was a water-power of great value, and he determined to re- turn in the future and secure its advantages. In 1869 he and others laid out the town of Beloit, and he commenced improving the water-power; since which time it has been amply demonstrated that the Solomon river affords more ex- tensive water-power facilities than any other stream in the State. In June, 1872, the Northwestern Land District was cre- ated, embracing all that part of the Republican Land Dis- trict west of the west line of range 8, west. At that time Cawker City was a small village, having been laid out in the autumn of 1870 by E. H. Cawker and others. The land oflBce for the district was located at Cawker City, and the office was opened for business on the 5th day of August, 1872. On the 4th of July, 1872, while the citizens of Cawker City were celebrating the anniversary of Independence, a 9 130 THE NORTHERN TIER. huge buffalo, as if his instinct had been permeated by the spirit of independence, boldly appeared upon the town site, paused a moment to look at the American flag floating from a liberty-pole, then shook his shaggy head with scornful de- fiance at the increasing evidences of civilization, and with a majestic movement turned his course westward to seek his companions. He paid dearly for his hazardous reconnois- sance, however, for a half-dozen citizens and sportsmen seized their fire-arms and gave chase, and cutting off his re- treat, hemmed him in on the town site. Then followed rare sport and a scene of lively adventure, making it one of the most exciting celebrations of the 4th of July of record on the frontier. The buffalo was a noble specimen of his species, and he struggled long to preserve his existence, but finally yielded his life a sacrifice on his native pasture, in full view of the American flag. His breath was no sooner stilled than he was dressed, and the choice portions of his flesh roasted and added to the viands which helped to distinguish the oc- casion. In the future, when Cawker City becomes a manu- facturing town, and when trains on the C. B. U. P. Railway pass through on their way from Atchison to Denver, the boys who assisted in killing that buffalo, in recounting to the traveler the incidents of the early history of the town. NORTHWESTERN KANSAS. 131 will point with pride to the exact spot where, on the 4th of July, 1872, they killed the buffalo, as a part of the sport which made that day memorable. In the early settlement of this homestead region, the im- migrants were composed not only of persons from many of •the States of the Union, but also largely of immigrants from Europe. The greatest number of foreign immigrants were from Sweden and Norway, and they are now an industrious, enterprising people — orderly, moral, frugal, and good citi- -zens — who left their homes and workshops in their native country to seek homesteads that ripen into fee-simple titles to the quarter -sections of beautiful land on the prairies of Kansas. Their industry, frugality and honesty are proverbial, and they have aided materially in developing the country. The hardy Scotsmen left their native highlands to seek homesteads on the prairies of Kansas, where they could imi- tate their idol poet, the Scottish bard, by following the plow •on their own land on the Western plains, encouraging them- selves with the noble sentiment — "A man's a man for a' that." The stone-cutter from Edinburgh can exercise his artistic fikill in carving into useful shapes the beautiful magnesian limestone so abundant in this region. If the flower-bordered banks of the Republican and Solomon remind them of the 132 THE NORTHERN TIER. "Lovely Dee," or "Bonny Doon," causing a transient home- sickness, it is soon dispelled by the prospect of farms un- burdened with rent, which reflection banishes any lingering regret at leaving their native country. As an evidence of the industry and enterprise of the Scots- men, the beautiful tract of country southwest of Belleville, in Republic county, called the "Scotch Plains," is a well-regu- lated neighborhood of farmers from Scotland, and presents as fine attractions as any tract of country in Northwestern Kan- sas. The industrious stock raisers from England here found a wide range for their cattle and sheep, while the healthful breeze fanned their ruddy faces, causing them to smile with contentment and happiness. The polite, vivacious Frenchmen, in large numbers, here found ample room for their enterprise and industry, and have aided largely in developing the country. The good-natured, jolly German smokes his meerschaum and drinks the staple beverage of his native country under the shade trees on his homestead, as contented and happy as the lord of his native manor on the banks of the Rhine. In conclusion, the extensive prairies and valleys of North- western Kansas offer rare inducements to immigrants from Europe. CHAPTER 11. THE LAND OFFICE. January 16, 1871, the date fixed for the opening of the United States Land Office for business, was a lively day for the little village of Concordia, with its half-dozen houses surrounded with prairie grass. The creaking of the snow beneath the feet of the pedestrians, and the grating sound of the wagon wheels over the frozen ground, were evidence that the mercury was but a trifle above zero. The white covered wagons and smouldering camp-fires occupied every available space adjacent to the Land Office building. A large number of settlers had collected in front of the building, waiting patiently for the office to open for business. One stalwart fellow had been holding to the door-knob since early dawn with as much tenacity as if life or death de- pended upon his being the first to enter the office when the