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Cherokee County organization records

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[Page 1]

 

Papers Cherokee County

1866

Aug 3, 1866

 

[Page 2]

 

Election for County Seat of Cherokee County Kansas

Miscellaneous Papers Box “B”

Filed Feby 19” 1868.

 

[Page 3]

 

Pleasant View Ks July 21st 66

Hon Saml J Crawford

Governor of Kansas

Dear Sir

I sent you the Petition of 184 Residents Free Holders of the UnOrganized County of Cherokee Praying for the immediate Organization of said County of Cherokee and for the appointment of Rees Cadawalder  A. V. Peters and J. W. Walace Special County Commissioners and Julius C Petit as special County Clerk and that Pleasant view may be named as a Temporary County Seat

I took the matter in hand and have forwarded you the Expression of 2/3 of the Residents Free Holders living South of the line Claimed [claimed] by Bourbon County on the Neutral Lands within the Boundaries of Cherokee County

 

[Page 4]

 

There is not a name on the 4 petitions I sent you of any Person living north of the line claimed by Bourbon County

On account of Rebels and Brushwackers in Missouri I have had my Residence in Kansas [XXXX] last October and have been doing Business in Missouri and now I am Located at Pleasant View Cherokee Co Ks 

Rees Cadwalder was a Lient in the 12 Ill. Cavalry a man of Integrity and well qualified to fill the Position ask for  he lives on Cow Creek near Spring River

A. V. Peters was a Captain of the 68th Ohio Infantry and well calculated to fill the Position ask for he resides near Baxter Springs

Dr J. W. Walace late assistant Surgeon of 113th Ill Infantry is spoken of in high terms by those who

 

[Page 5]

 

Are acquainted with him

Julius C Petit was a Hospital Steward in the 6th Kan Cav is a Practicing Phystian at Pleasant view

You will please write me and post me [XX] as far as you can in reference to Political Operations of the Coming Campaign

I shall take a decided Anti Andrew Johnson Position

[XXXX] [XXXX]

D C [XXXX]

 

[Page 6]

 

State of Kansas

Linn County S. S.

On this the 28th Day of July AD 1866 Personally appeared before me a Justice of the Peace in and for the County and State as aforesaid Daniel C Finn George W Gayheart and John W Craig resident Free Holders of the unorganized County of Cherokee in the State of Kansas and being duly sworn according to law deposeth and sayeth that the Unorganized County of Cherokee in the State of Kansas has a Population of not Less than Six Hundred Inhabitants and that Twenty or More of Such Inhabitants are Free Holders and a Majority of the Inhabitants of Said County are in favor and desire an immediate Organization of Said County of Cherokee

Daniel C Finn

George W Gayheart

L W Craig

 

[Page 7]

 

[XXXX] an subscribed to before me Day and Date  above written

Timothy Searl

Justice of the Peace

 

[Page 8]

 

State of Kansas

County of Linn S.S.

I, J. R. Van Zandt, Clerk of the District Court in and for said County, do hereby certify that Timothy Searl before whom the annexed instrument in writing was proved or acknowledged, was at the time of taking the same a Justice of the Peace in and for said County, duly authorized to take the same; and I certify that I am well acquainted with his hand-writing, and verily believe the signature to said certificate is genuine, and the annexed instrument is executed and acknowledged according to the laws of the State.

IN TESTIMONY WHEREOF I hereunto set my hand and affix my official seal at Mound City in said County on the 30th day of July 1866

J. R. Van Zandt Clerk.

 

[Page 9]

 

Hon S J Crawford

Governor of Kansas

We the undersigned Residents Free Holders of the unorganized County of Cherokee ask for an immediate organization of Said County of Cherokee that A. V. Peters Rees Cadwalder and G W Walace may be A ppointed Special County Commissioners and that Julius Petite may be appointed Special County Clerk and that Pleasant View may be named as a Temporary County Seat said Town of Pleasant View being as near the Central Location as any other place

A V Peters

R. B. Prather

W W McDowell

W S Fleming

H. C. Veatch

J W Shaw

A Smith

W H Haworth

William Barnett

W John [XXXXX]

J. M. Hamilton

John Mackey

Horatio Johnson

Harvey Maples

Townsend [XXXXX]

William [X] Haworth

Leonidas L. H. Cherington

Leroy . Cherington

Benjamin Meeker

George W Fulkerson

L ------- Pearson

David Bodley

John Mansfield

Fletcher Williams

J G Boy

J S Vaness

Amariah Sutton

Hiram Surber

Wm M Roy

S O Swope

G. [X] Kilborn

Henry Potite

G W [XXXXX]

Wm Barry

Newman Bentley

T L Silkwood

James Bonet

William Helark

S. M. Clark

M Welch

Thomas Little

 

[Page 10]

 

Hon S. [X]. Crawford

Governor of Kansas

 

We the undersigned Residents Free Holders of the UnOrganized County of Cherokee ask for the immediate Organization of said County of Cherokee that A. V. Peters Rees Cadwalder and J W Walace may be appointed Special County Commissioners and that Julias Petite may be appointed Special County Clerk and that Pleasant View may be named as a Temporary County Seat said Town of Pleasant View as near a Central Location as any [XXXX] place

Oscar N Clark

G [X]  Kirk

Benjamin lee

G. L. Prather

Saml McFarland

W. H. Layne

W [X] Holman

[X] [X] Ellis

A Adams

H Coalman

Thomas E Clark

Ambrose Day

Miran S Day

George [X] Day

[X] D [XXXXX]

M. P. Bobo

S C Davis

Robert Sutton

Wm Armstrong

Wm H. Peters

D. [X] [XXXX]

[X] C Allen

C M Slover

W P McCowen

[XXXX] Wheelen

John R Burrow

S E Hays

George Sutherland

   “        Burton

[X] H G Clem

Jefferson [XXXXX]

W. W. Murry

T Dye

Joseph [XXXX]

[XXX] Ward

James F Forman

A Chandler

Alex Snider

D G Hutsell

B P Wyner

 

[Page 11]

 

Hon S J Crawford

Governor of Kansas

We the undersigned Residents Free Holders of the UnOrganized County of Cherokee ask for an immediate Organization of Said County of Cherokee and that [XXX] [XXXX] Peters Rees Cadwalader and J W Walace may be appointed Special County Commissioners and that Julius Petite may be appointed Special County Clerk and that Pleasant View may be named as the Temporary County seat said place being Centrally Located

N. B. Martin

J Shepard

J R. Skeen

James H. Dyer

N. V. Williams

Rees Cadwalader

James Lewis

Joseph [XXXX]

Squire Roberts

Wm Burn

N B Todd

Randolph Mobley

W. A. Warman

Julius Sherwood

William [XXXXX]

Eugene Davis

R. M. Elliott

A. A. Frazer

William Wilcox

B. F. Wilcox

W. A. Wilcox

Ziba Millage

[XXXXX] Millage

G W Smothers

thomas Smith

George Price

W. M. Coffin

Joshua [X] vanfleet

J. B. Carlin

[XXX] Midlsap

T. G. Wash

J Mcbride

W M Goforth

[XXXX] Goforth

James Goforth

Wm Esses

G. [XXXXX]

Ancel [XXXXX]

Daniel S. Doughty

 

[Page 12]

 

Hon. S. J. Crawford

Governor of Kansas

 

We the Undersigned Residents Free Holders of the Un Organized County of Cherokee ask for an immediate organization of said County of Cherokee and that Rees Cadwalader  A. V. [William] Peters and J. W. Walace may be appointed Special County Commissioners and that Julius Petite may be appointed Special County Clerk and that Pleasant View may be named as the Temporary County seat said place being Centrally Located

David C. [XXXXX]

[X] H [XXXX]

[X] F Hall

Jacob Kline

George Fegan

John Hennus

G W Cantwell

Henry Cline

A. C. Webb

Wm Thornbrugh

L N Thornbrugh

James Thornbrugh

P H Ostermann

R P Heall

R H Heall

John R Webb

Dan H Taylor

T J [XXXXX]

G W Smith

J M Smith

W S Smith

James Maxwell

William Price

David Smith

Henry G Arms

[XXXX] [XXXXX]

A Stirgeon

William newberry

W. R. Nicholes

P Rensch

A Roach

William [XXXXX]

Thomas A Worman

B B Burr

 

[Page 13]

 

H. W. Ries

Christopher Faris

[XXX] [XXXXX]

H. S. Trumble

J H Dyer

R H Hall

Wm H Williams

T A Skeen

J M Richards

Wm N Strong

A C Richardson

Jeremiah Anderson

[XXXX] Cooper

[X] T. Wilcox

V. Krill

H H Burr

thomas B Cooper

John Marbly

[X] T Burr

R P Hall

Jeremiah Everitt

[XXXX] Arrowood

Allen Newbury

V [X] Hutcheson

Perry M Routh

Joseph [X] Sullivan

James M. [XXXX]

[X] W. Rightenour

William Sullivan

 

[Page 14]

 

Pleasant View Kansas  February 15th 68

R. A. Barker

Secretary of State

Dear Sir

By a writ of mandamus Isued from the supreane Court of this state Requiring the County Commissioners of this County to show cause why they did not canvass the vote on the county seat of one half a Township at the last General Election November 5th 1867

So the County Commisioners met on the 6th day of Feby 1868 and canvassed the vote one County seat to wit

For County Seat Baxter Springs         136 Votes

-       -   -  -       Cherokee Center         3 Votes

State of Kansas

Cherokee County  SS

I Wm Little County Clerk do hereby certify that the above vote was canvassed on the 6th day of Feby 1868 & I further certify that the above is true and corect  Witness my hand & official seal this 15 day of Feby 1868

Wm Little County Clerk of said Co

 

[Page 15]

 

This vote was cast without any order or call. So I do not think it necessary to canvass it But as they have canvassed the vote I will send you the Returns & you can do as you see  it was only a part of a Township that voted on the County seat.

Respectfully yous

Wm Little

Co Clerk

 

[Page 16]

 

STATE OF KANSAS

OFFICE OF SECRETARY OF STATE

TOPEKA

Sept. 25, 1912

Mr. P. O. Wood, Soil Surveyor, Columbus, Kansas.

Dear Sir:

I am in receipt of your letter of September 17th relative to discrepancies in the Cherokee and Labette County lines and asking for data concerning the boundary lines between these counties.

In reply I beg to advise that this department has no official data concerning these counties except such as is  contained in the various legislative acts describing the same and I fear these will not aid you very much in solving the problem.  There should be in the files of this office the proclamation of the Governor organizing the county but such proclamation is not to be found in our files. Neither has the Governor’s force been able to locate the same or any record of it in the Governor’s office.  The only paper on file in this office concerning the organization of
Cherokee county are the petitions for organization, the designation of the county seat and the appointment of the County Commissioners.  These papers were filed in this office on August 3, 1866, but they do not define the boundaries of the county.

Cherokee County was originally named McGee County.  Its boundaries were defined by act of the Territorial legislature of 1855.  These boundaries were slightly changed by act of the Territorial legislature of 1857, but the boundaries as defined by these acts do not seem to have much bearing on the present boundaries of Cherokee County.

In 1860 the Territorial legislature changed the name from McGee to that of Cherokee county and section 1 of chapter 31, Session Laws of 1860 fixes the western boundary of the county as follows: “The western boundary of Cherokee county shall be the township line between Range 21 and 22, East.”  Section 2of the same acts make the same line the east boundary of Neosho county, which at that time extended south to the state line.

Section 1, Chapter 27, Laws of 1866, approved February 26th, 1866, fixes the northeast corner of Neosho county at a point on the north line of the “Osage Lands” as established by George VanZandt in the year 1859 to correspond with the southeast corner of Allen County, extending the east line of the county due south to the state line.  I am unable to find any record of the line established by Mr. VanZandt but records in the State Historical Society show that on September 15th, 1865 Governor Crawford directed on G. J. Endicott to survey the “Cherokee Neutral Lands” to “Osage Lands” and fix the boundaries.  Mr. Endicott reported the

 

[Page 17]

 

STATE OF KANSAS

OFFICE OF SECRETARY OF STATE

TOPEKA

Sept. 25, 1912

P. O. W.

#2

north boundary of the “Osage Lands” as beginning at a point 41 1/2 miles north from the southwest corner of the state of Missouri and running due west to the “Original Old White Hair” village which is situated on the right or west bank of the Neosho river; thence south to the state line.

Section 2, Chapter 32, Laws of 1867 located the southeast corner of Crawford county as the corner of section 13, township 31, range 25; thence west to the east line of Neosho county.  Section 3 of the same act bounds Cherokee county as follows: Commencing at the southeast corner of the county of Crawford; thence south on the east line of the state of Kansas to the southeast corner of the state; then west along the southern bounds of the state of Kansas to the southeast corner of the county of Neosho as defined in an act approved February 26, 1866; then north to the southwest corner of the county of Crawford; then east to the point of beginning.

Chapter 29, Laws of 1867 fixes the north east corner of Labette county as a point on the Sixth Standard Paralell where the west lines of the “Cherokee Neutral Lands” cross said Sixth Paralell and extends to east line of the county along said line to the south boundary of the state.  Chapter 30, Laws of 1867 fixes the west line of the “Cherokee Neutral Lands” as the east line of Labette county.

In 1868 the legislature again changed the boundaries of Cherokee county (Section 12, Chapter 24, General Statutes, 1868) but this change was made subject to ratification by the voters on the act, and the west line of Cherokee county as described by the act, and the west line of “Cherokee Neutral Lands.”  There is no record in this or the Governor’s office showing that an election for the purpose of ratifying this change was ever held.  The reocrds of the State Historical Society are to the effect that no such election was held.  Consequently it seems certain that the boundaries were not effected by the act of 1868.

The above are all the acts I am able to find effecting the boundary line between Cherokee and Labette counties.  It seems that this boundary line depends somewhat upon the location of the “Osage Lands” and the Cherokee neutral Lands” and I know of no department of state government that has an official record of information concerning these lands.  I suppose that this information can be obtained from the Interior Department at Washington.  Regretting my inability to furnish you more definite information concerning this matter, I am

Yours very truly,

Se

 

[Page 18]

 

Cherokee County Organization

 

 

 

 

 

 

 

 

 

 

 

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