USA > Missouri > Benton County > A sketch of the history of Benton County, Missouri > Part 3
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The lands north of Tp. 40 were in the Fayette District up to 1843. The Springfield office was established 26th of June, 1834, and the lands south of Tp. 41 were in that district till 1843. In 1843 the Clinton office was established, and all land in Benton, west of Range 20, became subject to entry at that place. From the fact that none of the lands in Tps. 38 and 39 were entered till 1846, three years after the Clinton office was established, I infer that they were not sectionized till about that time.
The Clinton office was removed to Warsaw in 1854. It was burned here in 1861, and the Warsaw district was consolidated with the Boonville district. While the office was at Warsaw, Mark L. Means was register, and N. B. Holden and A. C. Marvin receivers. But few entries were made prior to 1839. Each settler was allowed a pre-emption claim of 160 acres by law. But the County being unsurveyed before 1838, the limits of claims were indefinite, and it was a frequent thing for settlers to lay claim to large bodies of land, by staking them off and building pens of poles on them. Their claims were generally respected, and con- siderable money was made by Dr. James A. Clark and others, by selling them before they were entered. The conflict of claims seems to have been, however, a fruitful source of difficulty among neighbors.
When the lands were first offered for sale, considerable tracts were entered on speculation. Wm. Hickman, Wm. Hurley, David Kunkle, Isaac Aylesworth, James M. Blakey, Zach Fewel, and
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Jno. A. Talbot, among others, entered large tracts. Some of these lands have not yet passed into the hands of actual settlers, and Mr. Harley and the heirs of Mr. Hickman still own some of their original entries. The date of 1839-40 marks the period of the first fever of land speculation. The next was in 1856-7-8, when the excitement became so high that almost all the vacant land was taken up. Many thousand acres were entered by non-residents, who never saw their lands. Thousands of acres of rocky hills, that will always remain worthless, unless valuable ores are discovered on them, were entered by Eastern men, through local agents. They are generally held yet by the patentees, or used for trading among Eastern men, who never saw them.
At this time was also entered. chiefly on speculation, the greater part of the large prairies at a distance from the timber. Most of these entries proved good investments.
The period of 1867-8-9 might be marked as a third era of land excitement. When order became thoroughly restored, after the war, a very large immigration came in from the Northern States, and created an active demand for land, during the years named. Many farins were sold at good prices, and a great deal of the prairie held by speculators passed into the hands of settlers, at profitable figures. The cessation of immigration, and the collapse of prices, since 1869, are too recent and painfully familiar, to need recording.
VI. ORGANIZATION OF THE COUNTY.
This County belonged to France up to 1763, when it was trans- ferred to Spain. It was restored to France in 1801, and sold to the United States in 1803. On the 23d of January, 1816, while Missouri was still a territory, Howard County was organized, and all of Benton County north of the Osage River was included in it. December 17th, 1818, Cooper County was organized, taking all of Benton that had been in Howard. November 25th, 1820, Saline County was organized, taking all of Benton north of the Osage River, except a strip six miles wide on the east side, which was left in Cooper. This strip was placed in Morgan January 5th, 1833, and in Pettis January 26th, 1833.
January 26th, 1833, Pettis County was organized, taking all of Benton north of the river.
Benton County, south of the river, I think was attached to Washington County till January 10th, 1831, when, I think, it was attached to Crawford County, till January 2d, 1833, when it became a part of Greene, I think, though the only evidence of this I can find is, that the citizens of Benton, by the act organizing Benton, were required to pay taxes then due to the Counties of Pettis and Greene.
Benton was organized January 3d, 1835. Its original bounda- ries took in all the present Benton, twenty-four square miles on the northwest corner, now in Pettis, and all of Hickory, north of Township 36, which included the territory now in Montgomery, Center and Stark Townships, in Hickory County, and the site of Quincy, then called Judy's Gap, Hermitage, Black Oak and Garden City.
February 17th, 1835, all of what is now Camden, south of the river and west of Big Niangua, was attached to Benton for civil and military purposes, and called Niangua Township. This was cut off from Benton January 29th, 1841, when Kinderhook County, now called Camden, was organized.
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February 14th, 1845, Hickory County was organized, getting about three-fourths of its territory from Benton. Its first courts were held at the house of Joel B. Holbert, who was, at the time Hickory County was organized, Judge of the Benton County Court.
February 26th, 1845, twenty-four square miles were cut off to Pettis in the northwest corner of the County, between Ionia City and Windsor. Since this time the boundaries of the County have not been changed.
The almost continued effort, for the last twenty years, of our Windsor friends to cut off the northwest part of the County into a new County, is still fresh in the memory of all.
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VII.
ORGANIZATION OF TOWNSHIPS.
WILLIAMS.
At the first term of the County Court, in February, 1835, the County was divided into four Townships.
Williams township was laid off with about its present bounda- ries, and |named after Ezekiel Williams, an old resident therein. Levi Odineal was the first Justice of the Peace, and Thomas Moon the first constable. The first election was held at the house of Ezekiel Williams ; and Ezekiel Williams, Sympkins Harryman and Thomas Moon were the first Judges of Election. Several succeed- ing elections were held at Williams' house. Afterwards they were held at Albert Nichols' house, and finally at Cole Camp, after that town was settled. Jacob Carpenter was the first Road Overseer.
COLE.
All the County south of Williams, and cast of the range line, between Ranges 21 and 22, was organized into one Township, and called Cole, after Capt. Stephen Cole, one of the first settlers of Cooper County. This Township then comprised all of what is now Cole, all of Union, the east side of Fristoe, and the north-east corner of Hickory County.
John H. Howard and Jesse F. Royston were the first Justices of the Peace, and Logan Kays the first Constable. The first election was held at John H. Howard's house. The elections were afterwards held at the same place when Mr. Terry lived there, and later at the houses of Wm. Kays and Henry A. Dawson. Wm. Kays, Joseph Walton, and Jesse F. Royston were the first Judges of Election. Billington Johnson was the first Road Overseer.
LINDSAY
Comprised all the County west of Cole and Williams, north of the Osage and Grand Rivers, and ran to the north line of the
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County, including all of what is now White. It was named for Judge John W. Lindsay, then on the County Court bench.
Adamson Cornwall, Stephen A. Howser and Zachariah Fewell were the first Justices of the Peace, and Hugh C. Donaghe first Constable. The first election was held at the house of John Isbell, near the spring on the south side of John Failer's Farm. John Graham, Mannen Duren and Zachariah Fewell were judges. The elections were afterwards held at Ringo & Jopling's store, and at the house of Markham Fristoe, a mile north of Warsaw. Andy Bryant and Robert Pogue were the first Road Overseers.
MONTGOMERY,
Named for Judge Joseph C. Montgomery, who was then on the County Court bench, comprised all of what is Tom and Alexander Townships, the west side of Fristoe, and the north-west corner of Hickory County, running out beyond Quincy. The part in Hickory was cut off from Benton County Feb. 14, 1845.
John Rippetoe was the first Justice, and James Morton, after- wards noted for being kidnapped by the Turks, was the first constable. The elections were held at the house of George Alex- ander until Alexander Township was cut off, when they were held at the houses of Judge Montgomery, Turk and Cruce. George Alexander, Thomas F. Wright and Samuel Judy were the first Judges of Election. John Roberts and Nathan Breshears were the first Road Overseers.
NIANGUA.
That part of what is now Camden County, which is south of the Osage, and west of Big Niangua, attached to Benton County for civil and military purposes, was organized by the County Court in May, 1835, into a Township called Niangua. It was cut off from Benton County Jan. 29, 1841.
The first election was held at the house of William Broad- water, and afterwards there and at the house of Pollard Wisdom. Henry Bollinger, Pollard Wisdom and Washington Young were the first Judges of Election, and James Jones and John Stark the first Road Overseers.
ALEXANDER
Was organized Feb. 13, 1838, and called after Judge George 5
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Alexander, then on the County Court bench. It comprised, at first, all of what is now Tom, Alexander and the west side of Fristoe. It was organized from Montgomery Township, and left in that Township only what is now the north-west corner of Hickory County. The first election was held at the house of Mrs. Crabtree, and afterwards they were held at the houses of George Alexander and Nicholas Campbell.
WHITE
Was organized November 12, 1838, and called after Judge Wil- liam White, then one of the County Judges, and one of the first settlers of the County. It comprised about its present boundaries.
The first, and several succeeding elections, were held at the house of George McDaniel, at the old, abandoned place, a short distance west of Joshua Lloyd's. Afterwards they were held at the houses of Markham Fristoe, Benj. MeDaniel and Joseph G. Parsons. Henry Y. Elbert, Enos MeDaniel and James Gra- ham were the first Judges.
UNION
Was organized out of the south end of Cole, June 2, 1840. It originally included the north-east corner of Hickory County, the south part of the present Union, and the south-east corner of the present Fristoe. Cole still ran south of the river to Township 39.
The first election was held at the house of Richard Cates, on. North Prairie, John McEwin, George W. Rives and Samuel Wca- ver being Judges. The elections were afterwards held at the houses of James E. Foster, A. F. Doak and Thomas Miles, until Hickory Township and County were cut off.
TOM
Was organized April 2, 1842, from the north end of Alexander, and probably called after Tom Bishop, then Clerk.
The first election was held at the house of John Holloway, where C. G. Heath now lives, and the elections have been held there ever since. Isaac Lusk, James Browder and John B. Wright were the first Judges.
HICKORY.
Was organized Sept. 18, 1844, in what is now the north-east corner of Hickory County, and was cut off with Hickory County
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Feb. 14, 1845. The only election ever held in this Township was held in Nov. 1844, at the house of Jesse Driskell ; Jesse Driskell, A. H. Foster and Thomas Miles being Judges.
FRISTOE.
Was organized June 18, 1845, and called in honor of Judge Markham Fristoe, then on the County Court bench.
The first election was held at the house of Joseph Hooper, where, I believe, they have always been held since. Joel Shep- herd, James Walthall and Edward P. Bell were the first Judges.
I cannot ascertain, positively, that there were any Justices of the Peace or Constables in the County while it was under the jurisdiction of Pettis, Saline and Greene Couties. I think it quite probable that George H. Hughes, who was a justice at a very early day, while living on Judge Ham's place, was appointed while in Pettis County.
It is said by the old settlers that the people of this vicinity had some little business in the Courts of Pettis County, then held at a place on Muddy, called Pin Hook. I can hear of only one election in the County before it was organized. This was held at the house of Wm. Kelly, on the old Mannen Duren place, perhaps in 1834, and, I am informed by Mr. George Blanton, was attended with a fight, in which the voters generally participated.
VIII.
WARSAW.
By the act organizing the County, Jan. 3, 1835, John Fisher, of Pettis, Thomas Kimsey, of Rives, and James Mccutcheon, of Morgan, were appointed Commissioners to locate a County Seat. They were directed to meet at the house of William White, on Little Tebo, on the first Monday of April, 1835. For some reason, which I have been unable to discover, they did not do anything.
January 9, 1837, by another act of the Legislature, Bethel Allen, of Pettis, Henry Avery, of Rives, and Richard D. Bradley, of John- son, were appointed to locate a County Seat, and directed to meet at the house of Markham Fristoo, near the Osage, on the second Monday of March, 1837. Both sets of Commissioners were di- rected to locate the County Seat as near the centre of the County, and the Osage River, as a suitable site could be found.
When the Commissioners came to make the location, an animated struggle took place between the friends of Old Town, or Fristoe Town, which was a village on the NE } SE + Sec. 8, Tp. 40, R. 22, where the first house north of Warsaw, on the Se- dalia road, now stands, and New Town, Log Town, Bristoe's Town, or Osage, which was on the NW } Sec. 8, Tp. 40, R. 22, where Mr. A. H. Dice's house now stands. At cach of these places a little town had been started, and at each a small store or two, a grocery, and perhaps other small shops, were in opera- tion. Markham Fristoe led the fight for Fristoe Town, and Lewis Bledsoe for Osage. The Commissioners rejected both, and selected the present site of Warsaw, where there was then no building, save Stephen A. Howser's house, near where Gillett's Mill now stands. There was no road oven, except a path leading down the branch where the Sedalia road now runs. The road then crossed at Bledsoe's Ferry, on the farm now owned by Dr. Craw- ford, and Fristoe's branch road ran across the ridge above town.
After Warsaw was located, Fristoe and Bledsoe united, and got up a sufficient petition to have the town located between them, on
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the ridge, about one-fourth mile south of Mr. Dice's house. But through the efforts of Thomas J. Bishop, and others, a sufficient number withdrew their names from the petition to leave less than the necessary three-fifths of the tax-payers. Mr. C. P. Bullock, for Mr. Bledsoe, claimed that they had no right to withdraw their names, and sued in the Circuit Court for a mandamus to compel the County Court to change the location. Judge Wright decided that the petitioners had the right to take their names off before the petition was filed, and refused the mandamus. The case was decided at Judge Wright's first term, and occasioned much inter- est, John Wilson and James Winston, then of Boonville, and Judge Yancey, Hendricks and Waddle, of Springfield, taking part in it, as lawyers. Wm. L. Vaughn, soon afterwards, attempted to have the County seat moved to his farm one mile east of town, where he had a store and a projected town, called Argus, but failed.
On the location of the County seat, James Ramsey was ap- pointed Commissioner. By order of the Court he had the site surveyed by Geo. Lewis, Deputy U. S. Surveyor, to ascertain the numbers of the land, and had a portion of it laid off into lots by Robert Wyatt, Surveyor. A map of the survey was received by the Court, Nov. 14, 1837, and on the 1st of Jan., 1838, the town was named Warsaw, and the Commissioner ordered to sell a por- tion of the lots on the 15th of Feb., 1838. On this day the first sale of lots took place. D. C, Ballou and S. A. Howser were allowed $18.00 each for going to Springfield to prove up the pre- emption of the County to the quarter section of land on which the town was located.
In March, 1838, the building of a temporary Court House and Jail was ordered, and Adamson Cornwall was appointed Superin- tendent of Public Buildings. The Court House was let to Glover & Davis, and the Jail to Lewis Bledsoe. The Court House was a log house, built on the lot where the bank now stands, and was used until the present Court House was finished, in 1842. It was let at $300, but deductions made for poor work. The Jail was built where it now stands, by Lewis Bledsoe. It was rebuilt, partly out of original material, in 1852, by Thomas Rank, Mark L. Means being Superintendent of the work. In Nov., 1838, and April, 1839, orders were made for the building of a permanent Court House, not to cost over $2,500, and the contract was let to
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Rolla M. Griffith. After doing some work on the foundation, he threw up his contract. Thos. J. Bishop was appointed Superin- tendent of Public Buildings, the plan was changed, a better building ordered, and the contract let, in 1840, to James J. Donald and Joel S. Shepherd, brick work, and B. W. Keown and Wm. Hurt, wood work. The house was in a condition to be used in 1842, but not completed. Indeed the upper story was never finished inside till the Masons leased it, about 1868. The original cost of the Court House, as near as I can ascertain, was about $4,500. The town of Warsaw was incorporated, by order of the County Court, July 6, 1840, and D. C. Ballou, S. H. Whipple, S. A. Howser and J. M. Staley, appointed first Trustces. Feb. 23, 1843, the town was incorporated as a city, by an act of the Legis- lature, and the city government conducted under the charter till the war. The city organization was revived, after the war, but was suffered to lapse, and the town was again organized under the general law, by the County Court.
Before Warsaw was located, high hopes of a prosperous town in this locality were entertained. In Wetmore's Gazetteer, pro- parod in 1836, I find the following account of Osage, the town at Dice's : "The present proprietors of the town of Osage, consist- ing of men of large families, are about to take up their abode in the town, and establish there a seminary of learning, conducted by one of the best scholars (a graduate of an eastern college) that can be procured. Female teachers from Massachusetts will be likewise employed at the Osage Seminary. The proprietors are engaged in the erection of a hotel at the ferry, and a steam saw mill and flour mill will be erected next summer, on their own account. They will also build warehouses for the commission and forwarding business, on the river bank. With all the natural ad- vantages of Osage, it is just to conclude that the population of this place will reach several thousand in five years, and even be second to St. Louis only, when compared with the other towns of the State. The country around the town of Osage is full of lead mineral, and the operations of experienced miners will shortly open rich and inexhaustible leads of this valuable ore."
Even after Warsaw was located, it was thought that the Osage was navigable only for keel boats, but very soon stcamboats bo- gan to ply the river, and supply a very large section of country with goods, and the business of the town soon became vory con-
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siderable. Extravagant hopes of its future were indulged. Ad- ditions were laid off which have never yet had the brush cut off them, and the town was chartered as a city.
The first store was built by Adamson Cornwall, on the corner diagonally opposite Hastain's corner, where Bibb & Walls had their saddlery store for a long time. In the back room of their store the Clerk's office was kept for some time, and a large part of the records were destroyed here early in 1839, when the store was burned.
Mr. Cornwall had previously had a trading post in the old Bender field, at the mouth of Grand River, being attracted there, probably, by the Indian village on the other side of the Osage. His daughter, now wife of Albert Kincaid, was the first child born in Warsaw. The first firm which built up an important business was that of White & Ayres. They came here in 1841, with a small stock of goods, advanced by Wm. H. Trigg, of Boonville, and so active and profitable was their business that, in a short time, they owned a large brick storehouse, the first built in the town, and a large stock of goods. About 1846, having accumula- ted a large property, Mr. White engaged in the Santa Fe trade, and took a stock of goods across the plains, with his family. On the route his train was attacked by the Indians, and he was killed and his wife and little girl captured. . The Indians were so closely pursued that they killed Mrs. White, and her body was found, still warm. The little girl was never recovered, although a large reward was offered for her. In 1843 James Atkinson came here, from Calhoun, and opened a store, and continued in business till 1861. He soon became a leading merchant, and one of the most public-spirited and prominent men in south-west Missouri. His mercantile operations were on a scale which would be con- sidered large among the business men of Missouri, at this time. He was a very popular man, and had a strong hold on the con- fidence of the people. He was the leading spirit in the navigation and improvement of the river, the establishment of the bank, and most other public enterprises. Another prominent firm, which did a very large business, was that of R. C. Henry & Co. Mr. Henry came here from Howard County in 1843. Bennet & Shep- herd came in 1844, and the firm, afterwards changed to A. C. & G. I. Shepherd, continued to do a prosperous business till 1861. J. M. Staley & Son afterwards went into business, and were doing
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a very heavy trade at the beginning of the war. Dr. James Dunn, Jr., was for many years a prosperous druggist and promi- nent citizen. Bibb & Walls did the chief saddlery business. Our esteemed fellow citizen, J. G. Phillips, in early times, as now, con- trolled the furniture business. He is the only one of the very early business men who is still in business here. Barkley & Bro. at one time did an extensive business. In the prosperous days of the town, steamboats were running the river whenever the water was sufficient, and, frequently, several would unload at our wharves at the same time. Immense cargoes of salt, whisky, iron, &c., were unloaded here, and S. W. Missouri and N. W. Arkansas were chiefly supplied from this point. The glory of the town departed on the advent of the war, and the railroads. Its principal business houses were burnt by stragglers, on the with- drawal of Fremont's army from the Southwest in the fall of 1861.
IX.
EARLY COURTS.
On the 16th of February, 1835, the first session of the County Court was held, at the house of Markham Fristoe, which then stood in the bottom, just below the west landing of Powers' Ferry. There were present, to use the language of the record, the " worshipful Joseph C. Montgomery and John W. Lindsay, Judges, and Markham Fristoe, Sheriff, and Thomas J. Bishop, Clerk." These officers, together with Judge William White, who took his seat soon after, were appointed by Governor Daniel Dunklin, soon after the organization of the County. The first order made was to grant a grocer's license to Ezekiel Williams. I observe from the records that during the first four or five years after the county was organized, about one-half or two-thirds of all the licenses issued for business purposes, were for dram shops. There seems to have been a little whisky shop in every neighborhood. I believe there were then twice as many dram shops in the county as there are now.
Judge Montgomery then lived in what is now Hickory County, on the farm now occupied by Mr. Samuel Walker. He was elected representative in 1838, and was foreman of the Grand Jury at one term, during the "Slicker war." He was the father of the Montgomery who was killed at Warsaw by Hoagland some years ago.
Judge Lindsay lived in the bottom near Mr. James C. Orr's, on Sterrett's Creek. He afterward moved to the present farm of Wm. M. Wickliffe. He died on the bench in 1840.
Judge White lived first on the Jesse Drake place, and after- wards on Little Tebo, on the Redford farm, near Wm. M. Thomp- son's. He died at an early day, on this farm.
For three years, until the building of the log Court House, the Courts were generally held at the house of Markham Fristoe, on the north of the river, being the first house now standing out of town, on the Sedalia road. But the County Court was once or
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twice held at John Isbell's house, near the spring, on the branch, on the south side of John Failer's farm. A short distance south of the spring, on the ridge in front of Mr. A. J. Wisdom's house, lived C. H. Allen, commonly known as " Horse " Allen, who was- the first Circuit Judge, holding from 1835 to 1837. He located a claim on the bottom, south of Mr. Failer's. It seems he at one time lived on the bottom, near James C. Orr's. He also entered the tract of land at Mr. Dice's, where the town of Osage stood, but his son-in-law, C. P. Bullock, lived on it. His Circuit, (the 6th), consisted of the Counties of Rives, Pettis, Benton, Polk, Greene, Barry and Morgan. He moved here from Palmyra, Mo., when he was appointed Judge.
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