USA > Missouri > Linn County > Compendium of history and biography of Linn County, Missouri > Part 6
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The sections creating Linn county, and defining its bounds, read as follows :
"Be it enacted by the general assembly of the state of Missouri as follows:
"Section 18. All that portion of the territory heretofore attached to the county of Chariton, in the following boundaries: Beginning at the southeast corner of township 57, range 18, west; thence west with said township line to the range line dividing range 21 and 22; thence north with said range line to the township line dividing township 60 and 61; thence east with said township line to the range line dividing 17 and 18; thence south with said range line to the beginning; is hereby de- clared to be a separate and distinct county, to be called and known by the name of Linn county, in honor of the Honorable Lewis F. Linn; and all the rights and privileges guaranteed by law to separate, dis- tinct counties, are hereby extended to the county of Linn.
"Sec. 19. John Riley, Ransom Price and Levi Blankenship, of the county of Chariton are appointed commissioners to select the seat of justice for said county. The said commissioners are hereby vested with all the powers granted to commissioners by an act entitled, 'An Act to Provide for Organizing Counties Hereafter Established.' Approved December 9, 1836.
"Sec. 20. The Court to be holden for said county shall be held in
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HISTORY OF LINN COUNTY
the house of Silas Fore until the county court shall fix upon a tem- porary seat of justice for said county.
"Sec. 21. The Governor is hereby authorized and required to appoint and commission three persons, resident in said county, as jus- tice of the county court, and one person, resident of the said county as sheriff of said county. When so commissioned they shall have full power and authority to act as such in their respective offices, under the existing laws, until their successors are elected, commissioned and qualified.
"Sec. 22. All that portion of the territory lying north of the county of Linn shall be attached to said county, for all civil and military purposes, until otherwise provided by law.
"Sec. 23 .* The circuit and county courts of said counties, or the judges thereof in vacation, shall have power to appoint their clerks, who shall hold their offices until the general election in 1838, and until their successors are elected and qualified.
"Sec. 24. The commissioners to locate the respective county seats, aforesaid shall meet on the first Monday in May next, at the place of holding court for the counties respectively, in which said county seats are to be located, for the purpose of entering on the discharge of their duties.
"Sec. 25. Four terms of the county court shall be held in each of the counties aforesaid, on the first Monday in February May, August and November, and the courts may alter the times of holding their stated terms, giving notice thereof in such manner as to them shall seem expedient.
"This act to take effect and be in force from and after its passage. "Approved, January 6, 1837."
Eight days later a supplemental Act was passed designating the boundary line between Linn and Livingston counties, as follows:
"Be it enacted by the General Assembly of the State of Missouri, as follows:
"Section 1. The county line dividing the counties of Livingston and Linn be so changed as to continue up Grand river from where the range line dividing ranges 21 and 22 cross said river, to the sectional line dividing range 22 in equal parts; thence north with said sectional line to the township line dividing townships 59 and 60; thence west with the original line of said county ; and the line of Linn county shall extend from the point last mentioned north with the aforesaid section line, to
* The Sections 23, 24 and 25 apply to all the counties that were admitted under the same Act.
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HISTORY OF LINN COUNTY
the line dividing townships 60 and 61; thence east with said line to the original line of Linn county.
"This act to take effect and be in force from and after its passage. "Approved January 14, 1837."
METES AND BOUNDS
The act organizing the county of Linn gives its metes and bounds three miles less in width than is shown on the map, its western border being range line dividing ranges 21 and 22. When the error was dis- covered or when the additional territory was added can only be sup- posed from the metes and bounds of the county as given by the revised statutes of Missouri, 1879, paragraph 5189. It reads :
Linn, beginning at the southeast corner of township 57, range 18 west; thence west to the southwest corner of section 34, township 57, range 22 west; thence north with the subdivisional line to the northwest corner of section 3 of township 60, range 22 west; thence east with the township line between township 60 and 61 to the northeast corner of township 60, range 18 west; thence south with the range line between ranges 17 and 18 to the place of the beginning."
This would make Linn county 27 miles east and west and 24 miles. north and south. The present map of Linn county does not show this area of territory, its northern line being different from the metes and bounds given by the section above quoted. This arises from the fact that township 60 is a fractional township, being on the east side of the county a trifle over five miles north and south and on the west side four miles and a half instead of the six miles of the usual congressional township. The north line, then, of township 60 bears south from the range between 17 and 18 to range line between 19 and 21 and a half miles; from there due west to the county line it divides the section nearly or quite equally. The county's true limit is 23 miles and a frac- tion north and south on the east sides, 221/2 miles north and south on the west line of the county, and 27 miles in width. This fractional township is what has deceived the writers or history of Linn county. There are not 684 square miles of territory in the county, but without going into fractions 611 square miles, and that area covers 392,040 acres of as fine land, in the richness and productiveness of its soil, as can be found in the valley of the Mississippi. This county, which was once a part of St. Charles, then of Howard, and later of Chariton coun- ties, the garden spot of Central north Missouri, is what is now to be considered and all that is worthy of record will be given, making it a standard book of reference of Linn county for all future time.
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HISTORY OF LINN COUNTY
THE ORIGINAL COUNTY COURT
According to the Act of the organization, the first county court of Linn county was held on the first Monday in February, 1837. There was no date, however, on the record of the proceedings.
The court met at the house of Silas A. Fore. But two of the judges were present. James A. Clark, who afterwards became judge of this judicial circuit and held the office for nearly twenty years, was appointed clerk pro tem of the court. That appointment was the first order on record.
The next order was "that the court adjourn to the house of E. T. Dennison for the purpose of doing business it being so inconvenient to do business at Fore's."
James Howell and William Bowyer were the judges present. The sheriff's name was not recorded in the minutes.
The court then divided the county into three municipal townships, to be known as Parson Creek, Locust Creek and Yellow Creek.
It was ordered that elections be held in those townships on April 8, 1837, for the purpose of electing one justice of the peace for Parson Creek and Yellow Creek townships, and two of the same sort of officers for Locust Creek. The voting was to be done at the homes of certain citizens in the various townships.
The court ordered the sheriff to notify the judges of the elections, and to put up notices. The clerk of the court was also directed to procure a blank book for the use of the court before the next term.
At the election referred to above the following parties were chosen as justices :
Thomas Rappell, formerly of Virginia, and David Mullins, Locust Creek township; Irvin Ogan, for Parson Creek and Mordecai Lane for Yellow Creek township.
The next term of the county court was held May 1, 1837. At that time all three judges were present, the third one being Robert Warren.
The migratory court made another change of its headquarters, this time to Barbee's store, which was used until a permanent location could be had. James Howell was appointed presiding judge. John J. Flood was appointed assessor and filed his bond. E. T. Dennison, at whose home the court had met during its first session, was appointed clerk, a position which he was to hold until the next general election. At the June term Thomas Barbee was appointed treasurer. Another election was ordered for the first Monday in August to select an additional magistrate for both Parson Creek and Yellow Creek townships.
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HISTORY OF LINN COUNTY
Judge Clark received $5.211% for his services as clerk. John J. Flood was paid $28.75 for assessing the taxes of the county. The sheriff was asked by duly entered order to refund to the county $1.50 on an overcharge in his account.
The first tax assessment was 200 per cent on the state tax and a poll tax.
The first agent to receive the county's share of the road and canal fund was Thomas Barbee, the treasurer.
Stephen McCollum, of the Yellow Creek township, was elected justice of the peace.
The first road laid out for travel in Linn county was in November, 1837. It started from a mile west of George Epperly's to the old fish dam on Locust creek. Much work was done on the road in the way of cutting through hills and the building of culverts. The first road over- seers were James A. Clark, Mordecai Lane, Sampson Wyatt and Thomas Rupel. The fact that a man was justice of the peace in no way interferred with his duty as a road overseer.
During the November term the important question of locating the county seat came up for discussion. The commissioners appointed for the state had failed to perform that duty, the people became tired of the delay and insisted that the county court should act.
The county court appointed David Duncanson, of Livingston county, James Jackson, of Howard county, and Hiram Craig, of Chari- ton county, to make the location. The sheriff was ordered to put up ten notices stating that the commissioners would meet on January 1, 1838, at the usual place of holding court in Linn county. It is not recorded whether the commissioners did meet at that time or not, but it is certain they did not make the location for more than a year thereafter.
David Duncanson and William B. Thompson selected the present site of Linneus to be the permanent county seat on October 29, 1839. For their services these commissioners received each $32. Their report was approved by the judge of the Circuit Court at the August term. The Honorable Thomas C. Burch was then on the bench.
Jolın Holland and wife conveyed to Linn county the townsite of Linneus, August 25. This donation decided the commissioners on the location. The deed by which Holland and his wife conveyed the prop- erty to Linn county is as follows :
"Know all men by these presents, that we, John Holland and Elizabeth Holland, his wife, have donated and given to the county of Linn, in the state of Missouri, for the benefit and use of said county, as
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HISTORY OF LINN COUNTY
a permanent seat of justice, fifty acres of land, bounded and situated as follows : Beginning at the post at the northwest corner of section 6, township 58, range 20; thence east along the north boundary of said section, fifty-four poles to a stake in the prairie; thence south one hun- dred and forty-eight poles and five links to a stake in the prairie; thence west fifty-four poles to a stake on the range line, to which a red oak two feet in diameter bears north seventy degrees, thirty minutes east, eighty-two links, (and) a hickory ten inches in diameter bears south thirty-four degrees, thirty minutes west, sixty-three links; thence north along the range line to the place of beginning ;- to have and to hold the aforesaid tract of land, with all and singular the rights, privi- leges and immunities thereunto in any wise belonging to the said county of Linn forever; and we further bind ourselves, our heirs, execu- tors, administrators, and assigns to warrant and forever defend the title to the said tract of land to the said county of Linn against the claim or claims of all and every person or persons whosoever. In testi- mony whereof we have hereunto set our hands and seals, this 25th day of August, in the year of our Lord one thousand eight hundred and thirty-nine.
"JOHN HOLLAND. (L. S.) "ELIZABETH HOLLAND. (L. S.)"
CHAPTER VII
How Linneus Was Named-First Sale of Town Lots-Original Court House-A Smoky Cabin and a Scrap-"Where's the Fight?"- Jesse Bowyer's Ferry-Sale of Slave Property-Highland County -Division of Townships-Appropriation for New Court House- Built Inside Amount Appropriated-First Talk of Railroads-Jail Building to Be "Proof Against Breaking Out"-Col. Robert M. Stewart-Sketch of His Career-His Work for the Hannibal and St. Joseph Railroad-A Hot Campaign for Governor.
Augustus W. Flournoy, deputy county clerk, was allowed $1.021% for recording the above deed.
When the county seat was first laid off it was called Linnville. On November 5, 1839, the county court formally adopted that name, and on 30th an order was made by the same body "that Linnville be the permanent seat of justice of the county of Linn."
The name was changed to Linneus by order of the county court on February 4, 1840. This was done at the suggestion of Senator Lewis F. Linn, for whom the county had been named.
Judge James A. Clark wrote to Senator Linn that the county and its capital had been named in his honor and asked for his endorsement of that action. Senator Linn replied that while he did not wish to dictate in a matter of that character, yet he rather preferred the name of Linneus to Linnville. Judge Clark laid the senator's letter before the county court, which body instantly made the change suggested. A great many people suppose that Linneus was named after the great Swedish scientist, Karl Von Linné, who was commonly called Linnæus. The Swedish savant was the greatest botanist of his age. He was born in Rashult, Sweden, May 13, 1807; was the son of a clergyman, who had him educated at the grammar school in the Gymnasium of Wexiö. As a result of his extensive investigation along botanical lines, Linnæus was made a Knight of the Polar Star, with the rank of nobility. In his day his successful researches had made him a recognized authority along the lines of his study and he was looked up to as a world benefactor.
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HISTORY OF LINN COUNTY
But the people who named Linneus and Linn county were desirous of honoring a man nearer home in the person of the state's noted senator, whose biographical sketch appears in the first part of this history.
Some question was raised regarding the legality of the procedure in the location of the county seat. Other commissioners than those appointed had acted and the time set for the location had been changed. Also to make the matter absolutely certain the state legislature in December, 1840, passed an act to legalize the location of the seat of justice of Linn county.
"Be it enacted, etc., 1. That all the proceedings and acts which may be had or transacted by the commissioners of the seat of justice of the county of Linn, or by the county court of said county, in selecting, locating, or establishing the seat of justice of said county, in naming or altering and changing the name of the same, be and the same are hereby legalized and rendered as effectual as if the same had been done in all respects in conformity to law.
"2. That all acts and proceedings wherein either 'Linneville' or 'Linnæus' is used or occurs as the name of the seat of justice of said county shall be as binding and effectual as if the name so used or occur- ring had at all times been the regular name of the seat of justice of said county."
On November 5, 1839, John D. Grant, the first county commissioner, was ordered to advertise by three weekly insertions in the Fayette Democrat, of Howard county, the sale of "one-third of the town lots of Linnville, Linn county, Missouri, on a credit of six, twelve and twenty- four months, of equal installments." The sale was to take place December 2. The commissioner was instructed "to lay out one acre of ground in the public square, to be laid out in a square, to commence at a stake and run an equal distance from said stake, the Public Square to be on the west of said line ; one main street on each side of the Public Square running north and south, 51 feet and 6 inches wide; to back streets 30 feet wide each. Two main cross streets 49-feet, 6 inches wide, each adjoining the Public Square; one back cross street on each side of the Public Square, 30 feet wide; and that he lay out 16 lots to each block around the Public Square, running back 80 feet, and the balance of the lots to be laid out agreeable to a plat rendered to said commissioner."
Commissioner Grant was aided in this duty by R. W. Foster, a surveyor. The work was done in the latter part of November, 1839. For his services in laying off the town Grant charged the county $200,
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HISTORY OF LINN COUNTY
but the bill was cut down by the county court to $77. Soon after the first lot sale Mr. Grant died and R. W. Foster, his assistant, was appointed in his place on December 28. Later the governor appointed Foster as county surveyor, which position he held until February, 1842.
Meredith Brown was the purchaser of lot 1, block 1, which was the first lot sold. The price paid for the lot is not known, but it is supposed to have been at least $5, because the county court in adver- tising the sale served notice that no lot should be sold for less than that sum. The lot sale continued two days, December 2 and 3. Still there were other lots remaining to be sold and another sale was advertised for May 6, 1840, on which day one-half of the remaining lots were sold to bidders.
Affairs in Linn county had reached that point where it was deemed necessary to have a court house building in which to transact the busi- ness of the county. These are the specifications by the order of the county court, at the February term, 1841, for the first court house that was built in Linn county :
"The house to be built on the southeast corner of Lot 3, Block 19, of hewed logs, 36 feet long and 20 feet wide, (the house to be 20 feet wide, not the logs, of course,) from out to out; the wall to be fifteen feet high from the bottom of the sill to the top of the plate, with a wall partition to be carried up from the bottom to the top of the plate so as to make the front room twenty-three feet long in the clear; the logs all to be of sound oak; the sills to be of white oak or burr oak; the sleepers to be of good white oak or burr oak of sufficient strength, two feet from center to center; the joice to be of good sound oak, three feet by ten inches, put in two feet from center to center, to extend through the wall; The house to be covered with good oak shingles :
· the end of the house is to front the Public Square, with one door in the center of the end of the house; one fifteen-light window on each side of said door, 8 by 10 inches; one door in the center of the partition wall; one door and one window in the end of the back room so as to leave room in the center for a chimney; The window to be 12-light of eight by ten inch glass, the doors and windows to be finished in plain batten order, with good black-walnut plank; . The whole building to be chinked with stone suitably tamped; the lower floor to be laid down roughly, with square joints; the upper floor rough-tongued and squared, the plank to be of good sound oak timber well dressed. with an opening left in the southwest corner for a staircase; the whole
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HISTORY OF LINN COUNTY
to be done in a workmanlike manner on or before the first day of Angust, 1841."
The building of the temporary court house was let to David Jenkins and Goldsby Quinn, $400 having been appropriated for the purpose February 5, 1841, and was superintended on the part of the county by William Hines. It was not completed by the time specified. In Novem- ber Mr. Hines was ordered to have a brick chimney erected in the building, to contain two four-feet fireplaces below and two two-feet fireplaces in the upper story. The building finally cost, when completed, $516.50, and long stood in Linneus and is well remembered by the older settlers.
Before the court house was erected the various officers kept the books and records of the county at their respective homes. Sometimes -very frequently-a man having business to transact with the county officers would have to seek him out in the field or the forest and get him to walk back to the house to look up the records wanted for the matter in hand.
Court was held at the residences of Barbee, Fore and Holland, whichever place happened to be the most expedient. Judge Clark held the first court at Mr. Holland's. Holland's cabin was the first erected in the place and it boasted of an enormous fireplace, but a somewhat inadequate chimney. On one occasion when the court was proceeding at its business the old chimney became stopped up and the room was filled with smoke. Holland did not know how to repair the defect right then and court had to adjourn until something was done. There was quite a crowd of people in town that day and as the judge was leaving the smoky cabin the sheriff ran up and told him that a fist fight was in progress between a couple of farmers, and he wanted to know what his duty was under such circumstances.
"Duty !" cried the judge. "It is your duty to show me where the fight is! I want to see it, too."
The first ferry license was a free grant to William and Jesse Bowyer, and they were allowed to charge 121/2 cents for ferrying a man and horse across the stream; 50 cents for a loaded wagon and team, and 61/4 cents for pedestrians. The license was granted at the December term, 1837, the year the county was organized.
At the May term of the county court, 1838, Benton township was formed, being taken from the central part of Locust Creek township. John Pierce and William Gibson were elected justices of the peace.
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HISTORY OF LINN COUNTY
Augustus W. Flournoy was appointed county treasurer on May 7, 1838, to fill the vacancy occasioned by the resignation of Thomas Barbee. The first meeting of the newly elected county judges in 1838 occurred at the house of John Holland, the man who deeded the site for the county seat.
Duncan was the next township organized, the order being made June 24, 1839. The voting precinct was designated at the house of John Holland. Robert W. Holland was elected justice of the peace for Duncan township. Samuel K. Smith was the first constable of that township. The first school lands sold by order of the county court occurred the fourth Monday in December, 1839. The sixteenth sections of Township 58, Range 18 west, and Township 58, Range 20 west, were sold in eighty-acre tracts. Those sections were in what is now Locust Creek and the north part of Bucklin township.
This sale laid the foundation of Linn county's school fund, which has been so satisfactorily kept through all the following years, and it might here be remarked that the education feature of Linn county has kept pace with its industrial development.
The first census of Linn county was taken by John W. Minnis, in 1840. For this service the county court allowed him $54.75.
Liberty township was organized north of Duncan township, in 1841. This township's southern line was the township line between 62 and 63, which is now Sullivan county. The first bridge built in the county was across Locust creek, near William Bowyer's, on the state road running from Palmyra, Marion county, to Plattsburg, Buchanan county. About the same time two other bridges were ordered to be built across the east and west forks of Yellow creek. Thomas H. Pearson was directed to superintend the construction of the two last bridges. William Bowyer was ordered to superintend the building of the bridge near his place.
R. W. Foster, county surveyor, reported $707.10 on hand November 8, 1841. At this time money was needed to complete the court house and for other necessary county work. To meet this demand for addi- tional money the court issued an order that "the treasurer of Linn county be authorized to borrow $200, at any per cent per annum, not to exceed 10 per cent, for a term of not less than 6 months nor more than 12 months, to be paid, (if borrowed) out of the town lot fund in the town of Linneus."
A second loan was ordered in February, 1842, the amount being $100.
The county court was very industrious during the year 1841-
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HISTORY OF LINN COUNTY
laying our new roads, appointing reviewers, overseers and commis- sioners. The county was developing and it was appreciated then, as it is now, that country roads were highly responsible for the prosperity of the county. Bridge work was prosecuted as fast as the revenue per- mitted. A bridge then didn't cost as much as it does now. The material was close at hand and labor was cheap. Stephen McCollum was allowed $325 for building a bridge across Yellow creek and $10 for some extras. John R. Baker received $292 for constructing a bridge across East Fork.
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