The Omaha Claim Club, also called the Omaha Township Claim Association
[(1954]
''Omaha's First Century''. Omaha World-Herald. Retrieved 7/14/07. and the Omaha Land Company, was organized in 1854 for the purpose of "encouraging the building of a city"
[Morton, J. and Watkins, A. (1918]
''History of Nebraska from the Earliest Explorations of the Trans-Mississippi Region''. Lincoln, NE: Western Publishing and Engraving Company. p. 188. Retrieved 7/15/07. and protecting members' claims in the area platted for
Omaha City
Omaha ( ) is the largest city in the U.S. state of Nebraska and the county seat of Douglas County. Omaha is in the Midwestern United States on the Missouri River, about north of the mouth of the Platte River. The nation's 39th-largest city ...
in the
Nebraska Territory
The Territory of Nebraska was an organized incorporated territory of the United States that existed from May 30, 1854, until March 1, 1867, when the final extent of the territory was admitted to the Union as the State of Nebraska. The Nebraska ...
.
[Sheldon, A.E. (1904]
"Chapter VII: Nebraska Territory,"
''Semi-Centennial History of Nebraska''. Lincoln, NE: Lemon Publishing. Retrieved 7/14/07. At its peak the club included "one or two hundred men",
[United States Supreme Court. (1912) "Baker v. Morton," ''United States Supreme Court Reports''. Lawyers Co-operative Publishing Company. p. 150-159.] including several important pioneers in Omaha history. The Club included
notable figures important to the early development of Omaha. It was disbanded after a ruling against their violent methods by the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in 1860 in ''
Baker v. Morton''.
Background
The first
claim club
Claim clubs, also called actual settlers' associations or squatters' clubs, were a nineteenth-century phenomenon in the American West. Usually operating within a confined local jurisdiction, these pseudo-governmental entities sought to regulate lan ...
in the United States was established by settlers around
Burlington, Iowa
Burlington is a city in, and the county seat of, Des Moines County, Iowa, United States. The population was 23,982 in the 2020 census, a decline from the 26,839 population in 2000. Burlington is the center of a micropolitan area, which includes ...
, where claims were staked out soon after the
American Revolutionary War
The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
. These clubs were established in direct violation of federal law, in what
J. Sterling Morton
Julius Sterling Morton (April 22, 1832 – April 27, 1902) was a Nebraska newspaper editor and politician who served as President Grover Cleveland's United States Secretary of Agriculture, Secretary of Agriculture. He was a prominent Bourbon Dem ...
described as "that independence characteristic of the commonwealth by which it became a state." Early Nebraska settlers were breaking the law as well, as they invaded
Omaha
Omaha ( ) is the largest city in the U.S. state of Nebraska and the county seat of Douglas County. Omaha is in the Midwestern United States on the Missouri River, about north of the mouth of the Platte River. The nation's 39th-largest city ...
tribal lands to which the United States had
claim but no
ownership
Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different ...
. Morton noted that, "In both Nebraska and Iowa the
squatter
Squatting is the action of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there ...
s on lands were fully protected by the unauthorized if not positively illegal rules and promises of the claim clubs."
According to two prominent historians, the roots of the Omaha Claim Club lay in the city's founders' disagreements with "federal land laws that they considered unfair and unenforceable. Critics argued that the government's policy of selling land impeded rather than promoted progress ... Almost all thought that the land policy favored wealthy speculators."
[Larsen, L. and Cottrell, B. (1997) ''The Gate City: A History of Omaha.'' University of Nebraska Press. p. 43.]
A federal decree in 1834 that defined lands west of the Missouri "
Indian Territory
The Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the Federal government of the United States, United States Government for the relocation of Native Americans in the United St ...
" prevented settlement by
Americans
Americans are the Citizenship of the United States, citizens and United States nationality law, nationals of the United States, United States of America.; ; Although direct citizens and nationals make up the majority of Americans, many Multi ...
for another 20 years. In 1846
Mormon
Mormons are a religious and cultural group related to Mormonism, the principal branch of the Latter Day Saint movement started by Joseph Smith in upstate New York during the 1820s. After Smith's death in 1844, the movement split into several ...
settlers received permission from the Omaha tribe to establish their
Winter Quarters near the
Missouri River west of
Kanesville, Iowa
Council Bluffs is a city in and the county seat of Pottawattamie County, Iowa, United States. The city is the most populous in Southwest Iowa, and is the third largest and a primary city of the Omaha-Council Bluffs Metropolitan Area. It is lo ...
, and in 1848
Martin Van Buren
Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party (Uni ...
's
Free Soil Party
The Free Soil Party was a short-lived coalition political party in the United States active from 1848 to 1854, when it merged into the Republican Party. The party was largely focused on the single issue of opposing the expansion of slavery into ...
advocated the federal government give away free land in the
presidential election
A presidential election is the election of any head of state whose official title is President.
Elections by country
Albania
The president of Albania is elected by the Assembly of Albania who are elected by the Albanian public.
Chile
The pre ...
.
By 1853, Kanesville townspeople had already driven stakes in the land that would become Omaha.
Logan Fontenelle
Logan Fontenelle (May 6, 1825 – July 16, 1855), also known as ''Shon-ga-ska'' (White Horse), was a trader of Omaha and French ancestry, who served for years as an interpreter to the US Indian agent at the Bellevue Agency in Nebraska. He was e ...
, along with six other leaders of the Omaha tribe, signed over rights to Omaha lands on March 16, 1854, and the
Kansas–Nebraska Act
The Kansas–Nebraska Act of 1854 () was a territorial organic act that created the territories of Kansas and Nebraska. It was drafted by Democratic Senator Stephen A. Douglas, passed by the 33rd United States Congress, and signed into law by ...
was signed on May 30, 1854. On June 24 of that year the U.S. government announced the treaty with the Omaha tribe, and within 11 days, on July 4, Omaha City was formally founded.
Claim club meetings
The Omaha Claim Club met regularly to confer upon rules and elect officers as necessary. In February 1857 a mass meeting was held at the "
Claim House" on the Pioneer Block in Omaha. The Pioneer Block was located between Eleventh and Twelfth Streets on Farnam Street, on the present-day site of the Gene Leahy Mall in downtown Omaha.
With more than one hundred men present, delegations were also there from
Bellevue Bellevue means "beautiful view" in French. It may refer to:
Placenames
Australia
* Bellevue, Western Australia
* Bellevue Hill, New South Wales
* Bellevue, Queensland
* Bellevue, Glebe, an historic house in Sydney, New South Wales
Canada ...
,
Florence
Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilancio demografico an ...
,
Elkhorn and
Papillion. Each of these groups offered Omaha's Claim Club their "aid and counsel ... to assist people of Omaha in the protection of their rights."
[Sorenson, A. (1874]
"Chapters XIV - XVII: Early history of Omaha"
, ''Early History Of Omaha; or Walks And Talks Among The Old Settlers: A Series of Sketches in the Shape of a Connected Narrative of the Events and Incidents of Early Times in Omaha together with a Brief Mention of the Most Important Events of Later Years''. Omaha Bee Publisher. p. 104. Retrieved 7/14/07.
First meeting
When the
Nebraska Territory
The Territory of Nebraska was an organized incorporated territory of the United States that existed from May 30, 1854, until March 1, 1867, when the final extent of the territory was admitted to the Union as the State of Nebraska. The Nebraska ...
was organized in 1854, there were no laws regulating
land claims
A land claim is defined as "the pursuit of recognized territorial ownership by a group or individual". The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include aboriginal land claims, A ...
by
settler
A settler is a person who has human migration, migrated to an area and established a permanent residence there, often to colonize the area.
A settler who migrates to an area previously uninhabited or sparsely inhabited may be described as a ...
s or
claim jumpers. The
Homestead Act
The Homestead Acts were several laws in the United States by which an applicant could acquire ownership of government land or the public domain, typically called a homestead. In all, more than of public land, or nearly 10 percent of th ...
remedying this was not enacted until 1862. In the meantime, a group of early settlers in the Omaha area formed a club determined to provide security for the land interests of its members. The organizing meeting of the Omaha Claim Club was held on July 22, 1854, at the site of the "lone tree", the only landmark within the Omaha City limits at the time. The lone tree was also the ferry landing leading to
Kanesville, Iowa
Council Bluffs is a city in and the county seat of Pottawattamie County, Iowa, United States. The city is the most populous in Southwest Iowa, and is the third largest and a primary city of the Omaha-Council Bluffs Metropolitan Area. It is lo ...
.
At the first meeting a constitution and bylaws were prepared and adopted, and officers were elected. Samuel Lewis was chosen chairman,
M. C. Gaylord was secretary;
Alfred D. Jones became judge, S. Lewis was clerk, and R. B. Whitted was sheriff. John M. Thayer,
A. J. Hanscom
Andrew Jackson Hanscom (February 3, 1828 – September 11, 1907) was a Founding figures of Omaha, Nebraska, pioneer Omaha, Nebraska lawyer, politician and real estate broker.
Biography
Born in Pontiac, Michigan, Andrew was the youngest child ...
,
Andrew J. Poppleton
Andrew Jackson Poppleton (July 24, 1830 – September 9, 1896) was a lawyer and politician in pioneer Omaha, Nebraska. Serving in a variety of roles over his lifetime, his name is present throughout many of the important events of early Omaha hi ...
, Lyman Richardson,
Thomas B. Cuming, Dr.
George L. Miller,
Dr. Enos Lowe,
Jesse Lowe
Jesse Lowe (March 11, 1814 – April 3, 1868) was the first mayor of Omaha, Nebraska, serving for one year from March 5, 1857 to March 2, 1858. An important real estate agent in the early city, Lowe is credited with naming the city after the Omah ...
, Joseph Barker, Sr., Joseph, Jr., and George E. Barker, 0. D. Richardson,
Byron Reed
Byron Reed (March 12, 1829 – June 6, 1891) was an American pioneer real estate businessman and local politician in Omaha, Nebraska. He founded the first real estate office in the Nebraska Territory and became the foremost agent after Nebraska ...
,
John Redick
John Irvin Redick (July 29, 1828 – April 2, 1906) was a prominent pioneer professional, public, and business figure in Omaha, Nebraska. He was appointed an associate judge of New Mexico (then part of the territory of Arizona) by President Ulys ...
, and
James Woolworth were members, as well. In 1855 the membership included nearly all the town's male residents.
The motto, "An injury to one is the concern of all," was adopted.
The stated goals of the Omaha Claim Club were to protect new settlers from illegal claim jumpers who would attempt to take possession of land already claimed if possible, and to promote the development of Omaha City. However, more than one claim was made of the Claim Club's dubious purposes, including
collusion
Collusion is a deceitful agreement or secret cooperation between two or more parties to limit open competition by deceiving, misleading or defrauding others of their legal right. Collusion is not always considered illegal. It can be used to att ...
and
bullying
Bullying is the use of force, coercion, hurtful teasing or threat, to abuse, aggressively dominate or intimidate. The behavior is often repeated and habitual. One essential prerequisite is the perception (by the bully or by others) of an imba ...
.
[Bristow, D. (1997) ''A Dirty, Wicked Town: Tale of 19th Century Omaha.'' Caxton Press. p. 40.] There was an early understanding that no member could own more than of timber.
[Rea, L. (nd]
"History of Omaha/Douglas County"
, Douglas County Historical Society. Retrieved 7/14/07. Other agreements settled the amount of land each member could own, requirements for claiming land in the area, requirements for maintaining land ownership,
price fixing
Price fixing is an anticompetitive agreement between participants on the same side in a market to buy or sell a product, service, or commodity only at a fixed price, or maintain the market conditions such that the price is maintained at a given ...
for land, as well as other
price controls
Price controls are restrictions set in place and enforced by governments, on the prices that can be charged for goods and services in a market. The intent behind implementing such controls can stem from the desire to maintain affordability of good ...
.
There were also several punishments determined for settlers who violated any part of the club's rules, either stated or unstated.
Influencing government
The
First Nebraska Territorial Legislature
The First Nebraska Territorial Legislature first met in Omaha, Nebraska, on January 15, 1855. The Council Bluffs and Nebraska Ferry Company provided the first meeting place, which was a building "constructed for public purposes". Standing out from ...
was primarily composed of claim clubs members from across the territory. Despite federal law limiting land claims over , state senators passed an act that legalized claims of 320 acres (1.3 km²) and providing penalties for trespassing upon them.
In 1855 Colonel
Lorin Miller, later mayor of Omaha, surveyed
Scriptown Scriptown was the name of the first subdivision in the history of Omaha, which at the time was located in Nebraska Territory. It was called "Scriptown" because scrip was used as payment, similar to how a company would pay employees when regular mon ...
in the spring and summer on behalf of the Omaha Claim Club. This land was used to persuade members of the Nebraska Territorial Legislature later that year as they voted on the location of the state capitol, which Omaha kept until 1867.
Vigilante violence
The club was effective in protecting its members' claims, primarily and frequently using mob violence to enforce its rule. The club's
vigilante
Vigilantism () is the act of preventing, investigating and punishing perceived offenses and crimes without Right, legal authority.
A vigilante (from Spanish, Italian and Portuguese “vigilante”, which means "sentinel" or "watcher") is a pers ...
s rode masked and at night, frustrating efforts to identify the mob.
The Omaha Claim Club became recognized as the unofficial
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
governing land claims, and in 1854 Alfred D. Jones, a surveyor, divided land into blocks starting by the ferry landing. That was the first time anyone planned what Omaha would look like. Jones was soon afterwards appointed the first postmaster of Omaha.
Later Club leadership included
Andrew J. Poppleton
Andrew Jackson Poppleton (July 24, 1830 – September 9, 1896) was a lawyer and politician in pioneer Omaha, Nebraska. Serving in a variety of roles over his lifetime, his name is present throughout many of the important events of early Omaha hi ...
.
The club's original claim of nearly four thousand acres (16 km²) frustrated many settlers who came after the club was formed. Generally they objected to the vast extent of territory held by so few individuals and attempted to "jump", or occupy for themselves, the claims of the members of the Omaha Claim Club. After this happened, a
vigilante
Vigilantism () is the act of preventing, investigating and punishing perceived offenses and crimes without Right, legal authority.
A vigilante (from Spanish, Italian and Portuguese “vigilante”, which means "sentinel" or "watcher") is a pers ...
committee formed by members of the club visited the claim jumper to inform him that he was trespassing upon land previously claimed. They would warn the intruder that if he didn't vacate immediately he would be forced to. If the committee encountered resistance, the jumper soon found himself neck-deep in trouble — the severity depending upon the intensity of resistance.
Shooting out the Frenchman
Cam Reeves was the first figure identified in a dispute for the Omaha Claim Club. An unnamed "
Frenchman
The French people (french: Français) are an ethnic group and nation primarily located in Western Europe that share a common French culture, history, and language, identified with the country of France.
The French people, especially the nati ...
" had staked a claim in 1854 on part of Alfred D. Jones's land and refused to move off. The club sent for Reeves, who had gained a reputation as a trouble-shooter in
Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
, and he started a long battle with the Frenchman that drew crowds from neighboring towns. "The Frenchman took his beating and fled", while Cam Reeves stayed. He became Omaha's first
sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
.
Horse thieves
The Claim Club's "vigilante committee" activities were not limited to claim jumping. The vigilantes often cooperated with Sheriff Reeves, but often acted as lawmen, judges, juries and executioners themselves. Public whippings and lynchings were common.
Frontier punishment varied according to the degree of harm resulting from the crime. The pioneers dealt with most horse thieves mercilessly. In March, 1858, a posse of angered farmers captured two desperadoes who had stolen horses near
Florence
Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilancio demografico an ...
. After they were jailed in Omaha's courthouse, the Claim Club broke in and took the men, without any resistance from the sheriff. They hanged the horse thieves two miles (3 km) north of Florence that day, with no repercussions, except for Sheriff Reeves, who was fined for not fulfilling his duties.
Callahan versus Cuming
Another story involved acting Governor
Thomas B. Cuming. Apparently, Cuming hired an
Irish
Irish may refer to:
Common meanings
* Someone or something of, from, or related to:
** Ireland, an island situated off the north-western coast of continental Europe
***Éire, Irish language name for the isle
** Northern Ireland, a constituent unit ...
man named Callahan to make improvements on Cuming's land in order to conform with the homestead law. Callahan, however, filed a claim on the land for himself. When the claim club demanded that Callahan surrender the deed of ownership, a committee was appointed to "persuade" him.
Callahan was then taken to the Missouri River, a hole was chopped in the ice, and he was dunked through the hole until he and the claim club came to an agreement.
Callahan died within a year, apparently from the after-effects of
hypothermia
Hypothermia is defined as a body core temperature below in humans. Symptoms depend on the temperature. In mild hypothermia, there is shivering and mental confusion. In moderate hypothermia, shivering stops and confusion increases. In severe h ...
brought on from his dunking.
John Kelly
John Kelly was a carpenter with a legal claim to near Omaha. When word reached his aunt, Gertrude Wiley, that four wagons from the Claim Club were coming to "talk Kelly out" of his claim, she quickly hid him in her cellar in
Saratoga. After a day of continual harassment from the vigilantes, Kelly walked south to
Bellevue Bellevue means "beautiful view" in French. It may refer to:
Placenames
Australia
* Bellevue, Western Australia
* Bellevue Hill, New South Wales
* Bellevue, Queensland
* Bellevue, Glebe, an historic house in Sydney, New South Wales
Canada ...
where he escaped to Iowa. After his deed to the land came, he went back to his land and was not bothered again.
Other cases
On February 2, 1856, the club was reorganized as the Omaha Township Claim Association but its arbitrary powers continued as before — in several instances even more viciously. Other victims of vigilante "justice" distributed by the Omaha Claim Club include Jacob S. Shull, Daniel Murphy,
and George "Doc" Smith, who was later the Douglas County Surveyor for many years.
Baker v. Morton
The
Circuit court of the District of Nebraska decided against a claim brought by Alexander Baker versus William Morton, both early Omaha settlers; Morton was involved in the Omaha Claim Club. Baker appealed to the United States Supreme Court, and in 1870 the Supreme Court ruled for Baker in the trial of ''Baker v. Morton''.
According to court proceedings,
A. H. Baker was forced to sign over the land he claimed to another person for free because of threats made by members of the Omaha Claim Club. Important figures in Omaha's history testified during the trial, including
John Redick
John Irvin Redick (July 29, 1828 – April 2, 1906) was a prominent pioneer professional, public, and business figure in Omaha, Nebraska. He was appointed an associate judge of New Mexico (then part of the territory of Arizona) by President Ulys ...
and
James Woolworth. In the trial the club was found to commonly take landowners who refused to sell their property to the nearby
Missouri River by force. With a rope tied around the person's neck, members of the club repeatedly dunked him until he agreed to sell. In this case, the club threatened to hang or drown Baker. The judge found Baker to have been forced to sign the contract through violence, and overturned the circuit court's earlier finding on behalf of Morton.
Demise
Reasons for the demise of the Omaha Township Claim Association, aka the Omaha Claim Club, vary. The Supreme Court ordered the breakup in their ruling.
Other sources say that with the arrival of Omaha's
United States Land Office
The General Land Office (GLO) was an independent agency of the United States government responsible for public domain lands in the United States. It was created in 1812 to take over functions previously conducted by the United States Department o ...
, the claims club simply was not needed.
[Sorenson, A. (1874]
"Chapters XIV - XVII: Early history of Omaha"
, ''Early History Of Omaha; or Walks And Talks Among The Old Settlers: A Series of Sketches in the Shape of a Connected Narrative of the Events and Incidents of Early Times in Omaha together with a Brief Mention of the Most Important Events of Later Years''. Omaha Bee Publisher. p. 110. Retrieved 7/14/07. In 1856, the U.S. government surveyed the land in
Douglas County, including Omaha,
and on March 17, 1857 the U.S. Land Office opened.
The Omaha Claim Club, along with many claim clubs around Nebraska, disbanded by 1860.
Legacy
The Omaha Claim Club and others like it are credited to bringing order to a lawless
frontier
A frontier is the political and geographical area near or beyond a boundary. A frontier can also be referred to as a "front". The term came from French in the 15th century, with the meaning "borderland"—the region of a country that fronts o ...
. By enforcing the "laws" they made up, they supposedly created an order where the U.S. government was not prepared to otherwise. In 1857 when the
Buchanan Administration announced the sale of lands in Nebraska would start in 1858, claims clubs across the state, led by Omaha, protested against him on the grounds that they would not be ready for the sale. The Administration was persuaded to wait until 1859.
[Olson, J. and Naugle, R.C. (1997) "Territorial growth and development," ''History of Nebraska.'' University of Nebraska Press. p. 90.]
The
Saratoga Claim Club, established in 1857 north of Omaha City, was formed in admiration of Omaha's club. The
East Omaha Land Company of 1882 and the
South Omaha Land Company The South Omaha Land Company was created in South Omaha, Nebraska in 1887. Founders included William A. Paxton.
History
The Union Stock Yards Company of Omaha paid $100,000 to the South Omaha Land Company for of land to serve as a transfer statio ...
of 1887 are unrelated.
See also
*
History of Omaha
The history of Omaha, Nebraska, began before the settlement of the city, with speculators from neighboring Council Bluffs, Iowa staking land across the Missouri River illegally as early as the 1840s. When it was legal to claim land in Indian C ...
References
{{Omaha
Pioneer history of Omaha, Nebraska
Organizations based in Omaha, Nebraska
American frontier
1854 establishments in Nebraska Territory
Crime in Omaha, Nebraska