Omaha Claim Club
Encyclopedia
The Omaha Claim Club, also called the Omaha Township Claim Association and the Omaha Land Company, was organized in 1854 for the purpose of "encouraging the building of a city" and protecting members' claims in the area platted for Omaha City in the Nebraska Territory
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 Territory was created by the Kansas–Nebraska Act of 1854...

. At its peak the club included "one or two hundred men", including several important pioneers in Omaha history. The Club included notable figures
Founding figures of Omaha, Nebraska
The following people were founding figures of Omaha, Nebraska. Their period of influence ranges from 1853 through 1900. Many in this group were members of the Old Settlers' Association and/or the Omaha Claim Club...

 important to the early development of Omaha. It was disbanded after a ruling against their violent methods by the U.S. Supreme Court in 1860 in Baker v. Morton
Baker v. Morton
Baker v. Morton, , was the first "serious" court case to come out of Omaha, Nebraska Territory, prior to statehood. In the trial a claim jumper fought against local land barons to stake out a homestead in the area that was to become the city of Omaha...

.

Background

The first claim club
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 land sales in places where there was little or no...

 in the United States was established by settlers around Burlington, Iowa
Burlington, Iowa
Burlington is a city in, and the county seat of Des Moines County, Iowa, United States. The population was 25,663 in the 2010 census, a decline from the 26,839 population in the 2000 census. Burlington is the center of a micropolitan area including West Burlington, Iowa and Middletown, Iowa and...

, where claims were staked out soon after the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...

. These clubs were established in direct violation of federal law, in what J. Sterling Morton 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 (tribe)
The Omaha are a federally recognized Native American nation which lives on the Omaha Reservation in northeastern Nebraska and western Iowa, United States...

 tribal lands to which the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 had claim
Louisiana Purchase
The Louisiana Purchase was the acquisition by the United States of America of of France's claim to the territory of Louisiana in 1803. The U.S...

 but no ownership
Tribal sovereignty
Tribal sovereignty in the United States refers to the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to...

. Morton noted that, "In both Nebraska and Iowa the squatters 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."

A federal decree in 1834 that defined lands west of the Missouri "Indian Territory
Indian Territory
The Indian Territory, also known as the Indian Territories and the Indian Country, was land set aside within the United States for the settlement of American Indians...

" prevented settlement by Americans
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 for another 20 years. In 1846 Mormon
Mormon
The term Mormon most commonly denotes an adherent, practitioner, follower, or constituent of Mormonism, which is the largest branch of the Latter Day Saint movement in restorationist Christianity...

 settlers received permission from the Omaha tribe to establish their Winter Quarters
Winter Quarters, Nebraska
Winter Quarters was an encampment formed by approximately 2,500 members of the Church of Jesus Christ of Latter-day Saints as they waited during the winter of 1846–47 for better conditions for their trek westward. It followed a preliminary tent settlement some 3½ miles west at Cutler's Park. The...

 near the Missouri River
Missouri River
The Missouri River flows through the central United States, and is a tributary of the Mississippi River. It is the longest river in North America and drains the third largest area, though only the thirteenth largest by discharge. The Missouri's watershed encompasses most of the American Great...

 west of Kanesville, Iowa, and in 1848 Martin Van Buren
Martin Van Buren
Martin Van Buren was the eighth President of the United States . Before his presidency, he was the eighth Vice President and the tenth Secretary of State, under Andrew Jackson ....

's Free Soil Party
Free Soil Party
The Free Soil Party was a short-lived political party in the United States active in the 1848 and 1852 presidential elections, and in some state elections. It was a third party and a single-issue party that largely appealed to and drew its greatest strength from New York State. The party leadership...

 advocated the federal government give away free land in the presidential election
United States presidential election, 1848
The United States presidential election of 1848 was an open race. President James K. Polk, having achieved all of his major objectives in one term and suffering from declining health that would take his life less than four months after leaving office, kept his promise not to seek re-election.The...

. By 1853, Kanesville townspeople had already driven stakes in the land that would become Omaha. Logan Fontenelle
Logan Fontenelle
Logan Fontenelle , also known as Shon-ga-ska , was a trader of French and Omaha ancestry, who served for years as an interpreter to the US Indian agent at the Bellevue Agency in Nebraska...

, along with six other leaders of the Omaha tribe, signed over rights to Omaha lands on March 16, 1854, and the Kansas-Nebraska Act
Kansas-Nebraska Act
The Kansas–Nebraska Act of 1854 created the territories of Kansas and Nebraska, opening new lands for settlement, and had the effect of repealing the Missouri Compromise of 1820 by allowing settlers in those territories to determine through Popular Sovereignty if they would allow slavery within...

 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, Nebraska
Bellevue is a city in Sarpy County, Nebraska, United States. The population was 50,137 at the 2010 census. Eight miles south of Omaha, Bellevue is part of the Omaha-Council Bluffs metropolitan area. Originally settled in the 1830s, It was the first state capitol. Bellevue was incorporated in...

, Florence
Florence, Nebraska
Florence is a neighborhood in Omaha, Nebraska on the city's north end and originally one of the oldest cities in Nebraska. It was incorporated by the Nebraska Territorial Legislature on March 10, 1857. The site of Winter Quarters for Mormon migrants traveling west, it has the oldest cemetery for...

, Elkhorn
Elkhorn, Nebraska
Elkhorn was a city in Douglas County, Nebraska, United States and is a present-day neighborhood on the western edge of Omaha. The population was 6,062 at the 2000 census and was estimated by the Census Bureau at 8,192 in 2005...

 and Papillion
Papillion, Nebraska
Papillion is a city in Sarpy County in the U.S. state of Nebraska. It is a suburb to the southwest of neighboring Omaha, and is the county seat of Sarpy County. The population of Papillion was 18,894 at the 2010 census. In 2009, Papillion was named the #3 best place to live in the United States by...

. Each of these groups offered Omaha's Claim Club their "aid and counsel... to assist people of Omaha in the protection of their rights."

First meeting

When the Nebraska Territory
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 Territory was created by the Kansas–Nebraska Act of 1854...

 was organized in 1854, there were no laws regulating land claims
Land claims
Land claims are a legal declaration of desired control over areas of property including bodies of water. The phrase is usually only used with respect to disputed or unresolved land claims...

 by settler
Settler
A settler is a person who has migrated to an area and established permanent residence there, often to colonize the area. Settlers are generally people who take up residence on land and cultivate it, as opposed to nomads...

s or claim jumpers. The Homestead Act
Homestead Act
A homestead act is one of three United States federal laws that gave an applicant freehold title to an area called a "homestead" – typically 160 acres of undeveloped federal land west of the Mississippi River....

 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.

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
Alfred D. Jones
Alfred D. Jones was a lawyer, surveyor and politician in the 1900s in the Midwestern United States. In 1846 he platted Fort Des Moines, Iowa, and in 1854 he platted Omaha, Nebraska...

 became judge, S. Lewis was clerk, and R. B. Whitted was sheriff. John M. Thayer, A. J. Hanscom, Andrew J. Poppleton, Lyman Richardson, Thomas B. Cuming
Thomas B. Cuming
Thomas B. Cuming was an American military officer and politician. He served as the first Secretary of Nebraska Territory and served twice as the territory's Acting Governor, the first time following the death of Francis Burt and the second following the resignation of Mark W...

, Dr. George L. Miller
George L. Miller
Dr. George Lorin Miller was a pioneer physician, editor, politician, civic leader and land owner in Omaha, Nebraska. The founder of the Omaha Herald, which later became part of the Omaha World-Herald, Miller arrived in Omaha in 1854, the year the city was founded...

, Dr. Enos Lowe, Jesse Lowe
Jesse Lowe
Jesse Lowe 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 Omaha Tribe....

, Joseph Barker, Sr., Joseph, Jr., and George E. Barker, 0. D. Richardson, Byron Reed
Byron Reed
Byron Reed 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 achieved statehood.-Biography:Reed was born in Darien, Genesee County, New York...

, John Redick, 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
Collusion is an agreement between two or more persons, sometimes illegal and therefore secretive, to limit open competition by deceiving, misleading, or defrauding others of their legal rights, or to obtain an objective forbidden by law typically by defrauding or gaining an unfair advantage...

 and bullying. There was an early understanding that no member could own more than 80 acres (323,748.8 m²) of timber. 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
Price fixing is an 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 level by controlling supply and demand...

 for land, as well as other price controls
Price controls
Price controls are governmental impositions on the prices charged for goods and services in a market, usually intended to maintain the affordability of staple foods and goods, and to prevent price gouging during shortages, or, alternatively, to insure an income for providers of certain goods...

. 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
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 the estimated twenty shacks in the young town, it...

 was primarily composed of claim clubs members from across the territory. Despite federal law limiting land claims over 160 acre (0.6474976 km²), 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
Lorin Miller
Lorin Miller was a pioneer mayor of Omaha, Nebraska. He served as the Mayor from 1865 to 1867. Miller arrived in Omaha on October 19, 1854 and began surveying immediately. He was responsible for surveying Jeffrey's addition, as well as the notorious Scriptown. Prominent Omaha leader George L....

, later mayor of Omaha, surveyed Scriptown
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 money was unavailable...

 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
Vigilante
A vigilante is a private individual who legally or illegally punishes an alleged lawbreaker, or participates in a group which metes out extralegal punishment to an alleged lawbreaker....

s rode masked and at night, frustrating efforts to identify the mob. The Omaha Claim Club became recognized as the unofficial court
Court
A court is a form of tribunal, often a governmental 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 with the rule of law...

 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.

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
Vigilante
A vigilante is a private individual who legally or illegally punishes an alleged lawbreaker, or participates in a group which metes out extralegal punishment to an alleged lawbreaker....

 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" 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
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

, 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
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....

.

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, Nebraska
Florence is a neighborhood in Omaha, Nebraska on the city's north end and originally one of the oldest cities in Nebraska. It was incorporated by the Nebraska Territorial Legislature on March 10, 1857. The site of Winter Quarters for Mormon migrants traveling west, it has the oldest cemetery for...

. 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
Thomas B. Cuming
Thomas B. Cuming was an American military officer and politician. He served as the first Secretary of Nebraska Territory and served twice as the territory's Acting Governor, the first time following the death of Francis Burt and the second following the resignation of Mark W...

. Apparently, Cuming hired an Irish
Irish people
The Irish people are an ethnic group who originate in Ireland, an island in northwestern Europe. Ireland has been populated for around 9,000 years , with the Irish people's earliest ancestors recorded having legends of being descended from groups such as the Nemedians, Fomorians, Fir Bolg, Tuatha...

 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
Hypothermia is a condition in which core temperature drops below the required temperature for normal metabolism and body functions which is defined as . Body temperature is usually maintained near a constant level of through biologic homeostasis or thermoregulation...

 brought on from his dunking.

John Kelly

John Kelly was a carpenter with a legal claim to 160 acre (0.6474976 km²) 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 12 miles (19.3 km) south to Bellevue
Bellevue, Nebraska
Bellevue is a city in Sarpy County, Nebraska, United States. The population was 50,137 at the 2010 census. Eight miles south of Omaha, Bellevue is part of the Omaha-Council Bluffs metropolitan area. Originally settled in the 1830s, It was the first state capitol. Bellevue was incorporated in...

 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
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...

 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 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
Missouri River
The Missouri River flows through the central United States, and is a tributary of the Mississippi River. It is the longest river in North America and drains the third largest area, though only the thirteenth largest by discharge. The Missouri's watershed encompasses most of the American Great...

 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 claims club simply was not needed. In 1856, the U.S. government surveyed the land in Douglas County
Douglas County, Nebraska
-Demographics:As of the census of 2000, there were 463,585 people, 182,194 households, and 115,146 families residing in the county. The population density was 1,401 people per square mile . There were 192,672 housing units at an average density of 582 per square mile...

, 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
Frontier
A frontier is a political and geographical term referring to areas near or beyond a boundary. 'Frontier' was absorbed into English from French in the 15th century, with the meaning "borderland"--the region of a country that fronts on another country .The use of "frontier" to mean "a region at the...

. 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
James Buchanan
James Buchanan, Jr. was the 15th President of the United States . He is the only president from Pennsylvania, the only president who remained a lifelong bachelor and the last to be born in the 18th century....

 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.

The East Omaha Land Company of 1882 and the South Omaha Land Company
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 station en route to Chicago. In March 1887, two men named...

of 1887 are unrelated.
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