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JOSEPH CLAYTON (1844-1926)
- a biography by Rod Stover
(about 1977)

Sources:

Contents:



The Early years and the Civil War


   Joseph Clayton was born May 24, 1845 or 1844 in Muskingum County, Ohio.  There is disagreement in the records as to the exact year  that Joseph was born;  both May Clayton Stover and Ernest Clayton contend that it was 1845.  [more details in "PipeLine #3"]  Joseph's parents were Henry Clayton and Margaret Young.  May Stover referred to Joseph's mother as "Lucie" Clayton.  Joseph had an older brother, Henry, and two older sisters, Martha and Mary.  Lucie Young Clayton died about 1850.  According to Battey's Biographical Souvenir.., Joseph lived with Thomas Alexander for eight years after his mother's death.  May Stover said he was raised near the "Musky" (Muskingum) River by an Elliot family until he ran away to join the Army.  I suspect that he lived with the Alexander's until he was 13 or so, then with the Elliots until the Civil War.  According to May Stover, Joseph's sister, Mary was "bound out" to a McConnell family who later moved to Iowa.  Henry Clayton remarried and moved to Warsaw, Indiana.   On August 17, 1861, Joseph enrolled in the First Regiment of the Ohio Cavalry for three years service.  Both May Stover and Ernest Clayton relate a story that Joseph lied about his age in order to enlist.  Perhaps the age requirement was seventeen years, and if Joseph was born in 1845, he was only sixteen at the time.  Joseph's service record became very important in later pension and homestead claims; He may have perpetuated the 1844 fib to protect those claims. Speculation about his age aside, he was a pretty young lad to enlist so early in the Civil War.

According to the interview in Biographical Souvenirs:

His first experience in a battle was had at West Liberty, Kentucky.  He also participated in the siege of Corinth.  His company for some time served as special escort to General Mitchell while at Cincinnati.  He was shot in the lung at the terrible battle of Russellville, Alabama, on the 3rd of July, 1862, and for several months afterward was closely confined in a hospital.

A review of his Ohio service record related to his discharge states:

He is reported sent to hospital in New Albany, Indiana, Sept. 29/62, Wounded, Nature of Wound not Stated.

   According to Dorothy Rodehorst, her grandfather Clayton "learned to read and write, spell and cipher while in the hospital in the Civil War."  [See also “Early Days on the Cedar Creek” by Mary May Clayton Stover.]

   The bullet in his lung was never removed, but it was apparently not enough to keep him down, for he enrolled in the Marine Regiment of U.S. Volunteers on December 26, 1862.  A few weeks later, on January 14, he was officially discharged from the Ohio Cavalry by reason of Special Order No. 89.. [image of 1863 discharge, 140 kb, courtesy Kim Stover] "to enable him to enlist in the Mississippi Marines."  This sounds like a medical discharge, but to mention his continued service in the Marines in the same sentence is puzzling... perhaps Marine service was less demanding than the Cavalry?

   The Cavalry discharge papers described Joseph Clayton as being 5 feet, 8 inches tall, with dark complexion, blue eyes, and dark hair.

   Probably unknown to Joseph at the time, his father Henry was also serving in the War.  Joseph's father, Henry, enrolled in the Indiana Infantry on July 25, 1862 at Warsaw, Indiana.  Henry was wounded in 1864 in the Battle of Peach Tree Creek in Georgia, lost his foot to amputation and was discharged with full disability in 1865.

   According to Ernest Clayton, his father Joseph participated in the Siege of Vicksburg while in service with the Mississippi Marines.  Dorothy Rodehorst related "He was in the Battle of Vicksburg, and I heard him tell of this, but not much more.  When on the Mississippi River he and his friends would sneak out and have an oyster fry - baked in coals."  Joseph served with the Marines until the end of the War and was discharged on January 20, 1865 at Vicksburg, Mississippi.

Joseph Clayton as a young man. Photo courtesy of and in the possession of Kim Stover

A few Civil War links:


A Wild Tale of Indians on the Platte


   Ernest Clayton shared a story from this time in his father's life. 
According to Ernest, it was during Joseph's years in Iowa that:

     He and three other young men decided to go further West to Fort Kearney, Nebraska.  I never heard my father mention this little episode that happened on the way, but one of the other men told of it years later.

    The four of them got all their belongings into wagons and started west.  When they reached Columbus, Nebraska, they were warned not to go any further, that a small band of hostile Indians were murdering, robbing and stealing on the trail west of Columbus.  Well, the four young men just out of the Civil War weren't afraid of a few Indians and made camp on the Platte River about twenty miles west of  Columbus.

    Retiring that night, they fixed their blanket rolls to look like people sleeping by the fire, and waited in a plum thicket close by.  Along in the night the Indians came.  The men waited until they sneaked up to camp, then they started shooting and wiped them out.  After it was over, They found they were white men dressed as Indians.

    That ended the trouble on the trail west of Columbus.



Homesteading in Nebraska

    On May 20, 1862, and March 21, 1864, the United States Congress approved "An Act to secure homesteads to actual settlers on the public domain," commonly known as the Homestead Act.  An Act approved on June 8, 1872, was entitled "An act to enable honorably discharged soldiers and sailors, their widows and orphan children, to secure homesteads on the public domain."  This was commonly known as the "Soldiers' and Sailors' Homestead Act."  Quite a bit of paper work was involved in making a claim under the homestead acts; much of it has been preserved in the National Archives.

    On October 28, 1872, Joseph Clayton filed a Declaration for the Northwest Quarter of Section 10, Township 11 North, Range 15 West, containing 160 acres.  (map of part of Cedar township)  The Declaration was filed at the land office in Grand Island and was accompanied with a $2 filing fee.  This claim was 3 miles north and 1 mile west of the 120 acre farm to become known as the Clayton place.  The 120 acres was on the NW 1/4 of Section 26, and was originally homesteaded by Ellen Ewer Higgins for her orphaned children by Rewel Ewer.

    Homestead Law required that a homestead application be made within six months of filing the declaration.  Apparently, Joseph returned to Ohio after filing the declaration in October, 1872, and returned later than expected, for he did not meet the six month deadline of April 28, 1873.  He didn’t file the application until July 16, 1873.  The application required an affidavit in which Joseph swore to his identity, his military service details, his sincere intentions of settling, and that he had not previously acquired title to any land under any homestead laws.

    The late date of filing the application apparently generated more paperwork.  Included in the homestead papers is a notarized statement made by John J. Elliot and Isabelle J. Elliot of High Hill, Muskingum County, Ohio, dated August 22, 1873, in which the Elliots declared "that they are personally acquainted with Joseph Clayton, now of the State of Nebraska and that from our personal knowledge do say that the above named Joseph Clayton was detained here in Ohio, from returning to his land claim in the State of Nebraska by reason of sickness and disappointment in receiving his pension depriving him of the means on which to travel."

    On May 20, 1862, and March 21, 1864, the United States Congress approved "An Act to secure homesteads to actual settlers on the public domain," commonly known as the Homestead Act.  An Act approved on June 8, 1872, was entitled "An act to enable honorably discharged soldiers and sailors, their widows and orphan children, to secure homesteads on the public domain."  This was commonly known as the "Soldiers' and Sailors' Homestead Act."  Quite a bit of paper work was involved in making a claim under the homestead acts; much of it has been preserved in the National Archives.

    On October 28, 1872, Joseph Clayton filed a Declaration for the Northwest Quarter of Section 10, Township 11 North, Range 15 West, containing 160 acres.  (map of part of Cedar township)  The Declaration was filed at the land office in Grand Island and was accompanied with a $2 filing fee.  This claim was 3 miles north and 1 mile west of the 120 acre farm to become known as the Clayton place.  The 120 acres was on the NW 1/4 of Section 26, and was originally homesteaded by Ellen Ewer Higgins for her orphaned children by Rewel Ewer.

    Homestead Law required that a homestead application be made within six months of filing the declaration.  Apparently, Joseph returned to Ohio after filing the declaration in October, 1872, and returned later than expected, for he did not meet the six month deadline of April 28, 1873.  He didn't file the application until July 16, 1873.  The application required an affidavit in which Joseph swore to his identity, his military service details, his sincere intentions of settling, and that he had not previously acquired title to any land under any homestead laws.

    The late date of filing the application apparently generated more paperwork.  Included in the homestead papers is a notarized statement made by John J. Elliot and Isabelle J. Elliot of High Hill, Muskingum County, Ohio, dated August 22, 1873, in which the Elliots declared "that they are personally acquainted with Joseph Clayton, now of the State of Nebraska and that from our personal knowledge do say that the above named Joseph Clayton was detained here in Ohio, from returning to his land claim in the State of Nebraska by reason of sickness and disappointment in receiving his pension depriving him of the means on which to travel."

    I presume that the reason for this notarized statement was to establish a legitimate reason or viable excuse for the late application filing date.  The Elliot family is undoubtedly the same family as recalled by May Stover; probably Joseph stayed with them on his return to Ohio.  On September 8, 1873, Joseph appeared before the County Clerk in Gibbon and made a similar statement including a reference to the October, 1872 Declaration: "...and was prevented by reason of sickness and disappointment in receiving his pension depriving him of the means on which to move and place Homestead filing on said claim within the six months prescribed by law."

    The similarity in wording seems to indicate some contrivance for consistency.  Some of the statement appeared to be copied word for word and wasn't even altered to first person for use in Joseph's statement about himself!

    Joseph's Homestead Claim was approved and entered on October 23, 1873 at the land office in Grand Island.


From Biographical Souvenir...:

    The Spring of 1873 found him on a homestead in Cedar township, Buffalo County, Nebraska.  He was one of the first actual settlers in the township and there was but one house on the road between his homestead and Kearney, the county seat.  He built a good, comfortable sod house, and proved upon his claim in 1875.  The Pawnee Indians frequently passed through the settlement during the first year or so of his residence there, but he never experienced any difficulty with them.  He had more fault to find with the grasshoppers in 1874 than with the occasional presence of a few Indians.  The former took, without asking, everything he had that was green, while the latter usually begged hard for what little they got.

   Proofs were filed.  One was a statement signed by Alexander Young and John McCool, who attested that they knew Joseph Clayton, that he had settled the NW quarter of Section 10 on October 23, 1873, the he had built a house thereon described as 16 x 20 feet, one story, containing two windows and one door, and that he had plowed and cultivated 10 Acres of land.  No other improvements were given; in fact, the section of the affidavit reserved for improvements was crossed out.  Joseph also signed an affidavit stating again the details of his military service, and the fact that he had resided upon his claim since October 23, 1873.

   On October 31, 1877, Joseph paid the final entry fee of $8, and received his final certificate verifying that he had made payment in full for the NW quarter of Section 10.  The Patent Record for the Homestead was filed on September 30, 1878, and is signed by a representative of Rutherford B. Hayes, then president.
The original flatland homestead. (Photo from the Ernest Clayton collection and courtesy Dave Ludwig)   Joe, Rosa, and Earl, about 1884?  Gram May Clayton Stover annotated a similar photo with: "Joseph Clayton (my father) used to stand in the back door and shoot prairie chickens off the barn roof."


Joseph Clayton and Rosalie Ewer

  Joseph Clayton and Rosalie Ewer were married May 8, 1879, in Kearney, Nebraska. 

Rosalie Ewer was born 9 March, 1859, Cassville (Grant County), Wisconsin to Reuel Ewer and Ellen Wamsley.
died 11 February, 1913, Poole, Nebraska

   [Reuel died in 1863 in service in the Civil War; Ellen remarried to Sam Higgins and homesteaded the NW quarter of Section 26 of Cedar Township for the four "orphaned" Ewer children, Angeline Adelia (Williams), Clara V. (Harford), Rosalie, and Abraham Lincoln Ewer.  Sam Higgins homesteaded the SE quarter of Section 22, diagonally adjacent to the Ewer homestead.  The west half of the Higgins homestead was a Timber Culture.  See also Reuel Ewer's background]


   A few years later, Joseph and Rosa moved from his original homestead on Section 10.  Glenn Stover thought he had his choice on a trade; his land for some lots in Kearney or for land SE of the Higgins' place.  Ernest Clayton said that Joseph traded his original homestead for a team of mules.  "'Some trade' at the time - they said the mules were worth around $600 and the land about $1.50 an Acre."  May Stover said "I have heard him say he was foolish to get rid of level land... he must have sold it to buy the two 40 Acre tracts from my aunts and build a small house on my mother's 40 Acres."

The Claytons, Rosalie, Earl, Joe, and Mary May, about 1888.
    Joseph and Rosa made their home on 120 Acres of the NW quarter of Section 26, near Cedar Creek.  Their farm included all of that quarter except for the NE 40 Acres, kept by A. L. Ewer.  Joseph and Rosa raised a family there;  Raymond Earl was born July 9, 1882 (before the move), Mary May was born May 5, 1887, and Ernest Louis was born March 4, 1890.  Another son, Bruce, was born in July of 1894, but survived only a few weeks.


The Clayton farm, early 1900s, Looking ENE.  Photo (87kb) probably by Ernest Clayton and courtesy of his grandson, David Ludwig. Also see the Clayton farm photo gallery.

  S. G. Higgins, youngest son of Ellen Ewer by Sam Higgins, had a blacksmith shop just north of Rose Hill School.

   Some time in the early 1890's, the author of "Biographical Souvenir..." was interviewing for information to be included in his book.  The Claytons were included and a portion of the Clayton chapter is as follows:


   Mr. Clayton owns a splendid farm in the Cedar Creek valley, and has it well improved.  He has always had great faith in the future development of this country, and even when the grasshoppers robbed him of his crop he did not become discouraged.  He always believed exactly the opposite from the man who said, "It is simply a fight between the grasshoppers and drought on the one hand and the plow on the other, and he believed the former would win."  He has held various local offices, and is commander of Cedar Mountain Post, No. 220, Department of Nebraska, G.A.R.

   May Clayton Stover said that Joseph traveled back east to locate his father "after many years of wondering.  He went back to Ohio or Indiana to see him, found he had been married twice after Joseph's mother died.  He had a daughter by one wife, so Joseph met her, his half-sister.  He said blood is no thicker than water for he did not like her... he came home after one day.  It seems to me that Joseph went to Warsaw, Indiana, to visit."  This trip was possibly made before the "Biographical Souvenir..." interview, as a quite a bit of information about Joseph's father, Henry, is included in the Clayton chapter.  Henry's second wife died in 1866, and by 1889 he was divorced from his 3rd wife, Elizabeth, when he remarried again!.. All in the Warsaw, Indiana area.   [See Henry Clayton page]


   Dorothy Rodehorst commented about the "green thumb" of Rosa Clayton.  "Out at the farm (a Dutch colonial style), she had the most beautiful flower garden in the country.  A picket fence.  Her lilacs bloomed for years and years before spray finally finished them off.  They also had an excellent orchard and somehow there weren't as many bugs to bother the fruit as now."

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