When Iowa was first opened for settlement the pioneers could not preempt
lands or secure title to them until they were surveyed; and then only at
public sale. But the surveyor lagged far behind the pioneer, who considered
not the law, but, anxious for a home, hurried into the new tracts and
settled on his claim. The "squatter" had no legal title to his claim, nor
could he obtain it by priority of occupancy; and he knew that any stranger
or speculator with a longer purse string could purchase his land and oust
him and his family the moment the Government should offer it for sale. It
was the likelihood of this dire contingency that led to the formation of
Claim Clubs or Associations in nearly every locality in Iowa. These clubs
were composed of all the settlers in a township or county. They adopted a
constitution, elected officers and conducted their affairs by definite
procedure. They governed all matters relating to the amount and character
of claims, their occupancy, improvement, abandonment, transfers, and
disputes. The decisions of the club were rigidly enforced. Claims were
recorded and the members were under solemn agreement not only to guard each
other from interference but to prevent lands claimed from being sold to
strangers at the public sales. Unhappy was the fate of a man who had the
temerity to "jump" a claim or to outbid a claimant. Tar and feathers or
unceremonious banishment or even harsher treatment was not unlikely. At the
sale the club selected a member who would bid in the members' claims. He
was accompanied by a posse whose presence always prevented outsiders from
bidding as the law contemplated. If the Government officials were not
always in sympathy with the settlers, at least they were always discreet
enough to manifest no disapproval of the proceedings.
These Claim Clubs of Iowa aroused fierce opposition in the East. Calhoun
and Clay denounced them as "conspiracies of lawless men" who so terrorized
would-be purchasers that bona fide sales were impossible, and they urged
that vigorous measures be taken to abate them. Webster came to the
settlers' defence. He pleaded for what he called their "reasonable rights"
under the circumstances. The Government had delayed the surveys; yet the
settlers had been encouraged to go into the new lands and make their homes;
to dispossess them would work severe hardship; the clubs, although outside
the pale of the law, had enforced order and maintained to a marked degree
all the forms of law and government, and violence was extremely rare. To
Webster's eloquence was due the passage of the early preemption laws. They
were not liberal enough, however, and in 1848 a strong Claim Club was
formed at Des Moines.
Public-domain text, read in full here on John Shaqi.
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