USA > Missouri > Shelby County > General history of Shelby County, Missouri > Part 15
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* the oath of loyalty," which said preach- ing was "contrary to the form of the constitution in such case made and pro- vided, and against the peace and dignity of the state." The preachers were ar- rested, but their trial awaited the deci- sion of a case before the United States Supreme court. The case was that of
Rev. J. A. Cummings, of Louisiana, a Catholic priest, who was convicted in the Circuit court for teaching and preaching in the Circuit court without taking the oath. There was no proof he had been disloyal, but he simply refused to take the oath. He was convicted, sentenced to a fine of five hundred dollars and to be sent to jail till the fine was paid. He ap- pealed to the Supreme court of the state. It upheld the lower court. He appealed to the United States Supreme court and it set the test oath aside as contrary to the nation's constitution.
That court declared it to be an ex post facto law. It said no state was per- mitted to enact a law which punished men for offenses committed before the law was passed.
That quashed the Drake oath law, and when the decision was made in favor of the preachers and the teachers, the in- dietments all over the state were never called up and never heard of again and Shelby county preachers went on their way in their mission of love. .
REGISTRATION OF VOTERS.
The convention agreed to submit their Constitution to the people for endorse- ment, but to be sure it would not be re- jected, they passed an "ordinance" de- elaring that no one should vote for nor against the Constitution who would not first take the Drake oath. In order to make sure that none took it falsely, a system of registration of voters was provided for. The registering officer was given the power to pass upon the qualification of all persons to vote, and if he deemed any of them could not truth- fully take this oath he refused to enter their names upon the poll books. Yet
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HISTORY OF SHELBY COUNTY
after this extreme precaution, the elee- tion polled on June 6, 1865, a majority for the Constitution of 1,800, out of a total vote of 85,000. In this county the board of registrars prepared a list of questions, which were submitted to every applicant for registration. The ques- tions were printed in a book and oppo- site blanks for answers, one book for each township, and the applicants be- came a matter of record.
SPECIAL INCIDENTS IN THE HISTORY OF THE COUNTY 1865 TO 1884.
Spring opened up unusually early, the song of the bluebird was heard in the land, but the weather was cold and damp and delayed the sowing of the seed. The farmer was so glad to return to his every-day routine life he began his plow- ing as early as the weather would per- mit, although not quite sure was he as yet, that he would be left at home to reap, but there seemed to predominate a hush throughout the land that seemed to whisper of rest and home. News that could be ascertained from the chief seats of war and the signs of the times indi- cated that the war was over, yet all these signs had been misleading before, and so they entertained yet a fear that again they were all deceived. Planting in the county continued up through May and the first of June, but the season re- mained a favorable one, and crops were of an extraordinary yield. Everything was abundant and prices remained steady and good.
NEWS FROM HEADQUARTERS.
About the first days of April news was spread broadcast that General Lee's army in Virgina was in bad shape, and
this intelligence was followed up on April 9, just four years, lacking three days, after the Confederates captured Fort Sumter, by the surrender of Gen- eral Lee to General Grant at Appo- mattox. But a few days previously Rich- mond had been occupied by the Federal troops, and when this intelligence was . received there was the wildest enthu- siasm among the Unionists of this county.
Even many of the Confederate sympa- thizers were not sorry to again be in the land of peace, even though the terms were far from their liking.
But the hearts of the Southerners knew no rejoicing. They were ready to fight to the bitter end for the cause which they promulgated. It was now self-evi- dent that they had taken poor stock in the Confederacy. It was now sure de- feat for those who followed the Stars and Bars. The Confederates beeame reconciled and awaited the inevitable with resignation to the end.
THE WAR IS OVER.
And the breathless waiting for news was not in vain. A quick succession of events brought the war to a close. A few days after Lee surrendered to Grant, Gen. Joe Johnston's army surrendered to General Sherman, and then followed May 13, Kirby Smith's trans-Mississippi army, except a portion of Shelby's bri- gade and some other Confederate Mis- sourians, some five hundred, went on to Mexico. Soon Confederate soldiers be- gan to return to their Missouri homes. Many lived here and others passed on through to their homes.
In most instances the vanquished sol- dier was allowed to return to his home in
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HISTORY OF SHELBY COUNTY
peace, but in a few instances they were buffeted and taunted by the men in blue, an insult to the name soldier, which car- ries even with it the characteristic of bravery. The Confederate soldier had fought a good fight, had openly acknowl- edged defeat, philosophically accepted his situation and had gone to his work, hoping to mend his fragmentary for- tunes. Not all were permitted to return to his dear ones at the dear old home- stead, for many a soldier in gray lay upon the battlefield, his life a ransom to redeem the eanse he honored, while his loved ones at home were bowed and broken because he never returned.
THE "DRAKE" CONSTITUTION.
On the 18th of April the state conven- tion, by a vote of 38 to 14, formed an en- tirely new constitution of the state, which was to be presented to the voters for adoption June 6th. It was called the Drake constitution, from the fact that Charles Drake, the vice-president of the convention, was its leading spirit, and from this fact and the extreme severity of the code, it has been called the "Dra- eonian code," in comparison to the laws of Draco of Greece, which affixed the penalty of death alike to petty thefts and murder, saying in explanation that death Tas not too severe for small offenses and he knew of no greater punishment for murder.
The circumstances which led to the framing of the new constitution, the Dra- conian law, was the fact that the conven- tion went further, prescribing a "test oath." which declared that no person . should vote nor hold office who had "ever" engaged in hostilities or given aid, or comfort, countenance or support
to persons engaged in hostilities against the government of the United States, or had given letters, goods or information to its enemies, ete. It went on to say any person who had done any of these things or any other thing like them, could not vote, teach in any publie or pri- vate sehool, practice law, preach the gos- pel, solemnize marriage, ete., unless such person had first taken the "test oath." All citizens attempting to teach or preach withont .oaths were to be fined not less than $500 or committed to prison not less than six months, or both, and if a person falsely took it, he was to be imprisoned in the penitentiary for perjury.
The "test oath" is said to have dis- franchised at least one-third of the peo- ple till 1872, and it is said would have disfranchised another third had they ad- hered strictly to the requirements.
The canvass which followed was a bit- ter one. Although the war was practi- cally over, all the Confederate armies had surrendered, yet a few guerrillas and bushwhackers continued their exist- ence in this state to the detriment of peace and safety to the seetions they in- fested. Bands of military were kept in the field to hold the guerrillas in cheek and administer punishment for any dis- order, and a spirit of unrest prevailed, and the provisions of the new constitu- tion and the restrictions connected there- with, the embittered feeling which hos- tilities had caused, all bred ill will and was not calenlated to restore an era of good feeling.
Hundreds of taxpayers, many of them old and honored citizens, were denied the privilege of the ballot in the decision of the great contest before the state, the
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HISTORY OF SHELBY COUNTY
making of an organic law, to affect and govern them and their children.
On the other hand the friends of the new constitution maintained that citizens who, by overt or covert acts, had at- tempted to destroy the government, who had, by fighting against the Federal gov- ernment, "committed treason," or in deeds, words or sympathy, given en- couragement to those who had, were not and could not be proper recipients of the ballot. They further alleged had the Confederate armies succeeded and Mis- souri become one of the Confederate states, then the Unionist would have con- sidered himself fortunate had he been allowed the privilege of living in the state. That he would not have been al- lowed to vote, etc., etc.
Even in our own county, threats are said to be on record, such as a speech of Senator Green's at Shelbyville in 1861, in which he said in speaking to the Union men, "If you win, we will leave; if we win, you shall leave."
The whole state cast the following vote, which shows how the vote was cut down. Total vote cast at the election adopting constitution, 85,478; for, 43,- 670; against, 41,808; majority for, 1,862. The Shelby county vote stood : For, 282; against, 164.
Small wonder the ex-Confederates hated with a bitterness the Drake consti- tution, but happily the bitterness of strife is passing on down the march of time and the Union is walking, as it were, hand in hand, seeking the welfare of our free land.
AFTER THE WAR.
When war was a thing of history and the excitement was a thing of the past,
the people again took up their regular avocations, the county made rapid prog- ress in her development, increasing her population at a rapid rate, making val- uable business acquisitions and perma- nent business improvements. Immigra- tion was livelier than before in the coun- ty's history, and took up large tracts for homes, building thereon houses that were an improvement over the average home of the past. Much new land was opened up and the older tracts were improved.
The war had left the county badly in debt, had interfered with its business in a general way, so that all publie im- provement had closed, but as soon as these debts were gotten out of the way, public improvements were again fore- most and the publie highway was im- proved. Roads were built, bridges con- structed, etc., as soon as the county could provide the means.
On July 15, 1871, a contract was let for the first bridge that crossed Salt river between Shelbina and Shelbyville, at the old Dickerson ford. The contract price was $5,373.75, but the bridge with its ap- proaches cost $10,007. The work was completed in December, 1871.
In 1871 the first iron bridge of the county spanned the South Fabius, in the northeastern part of the county. It was built by Bishop & Eaton at a cost of $2,800.
ROBBERY OF THE COUNTY TREASURY.
Shelby county had not survived the de- pletion of its treasury by war, when on November 20, 1868, the county treasury was looted of $10,000 by burglars. The treasury was a safe the county bought in 1857, and set in a vault, built for the pur- pose, in the county clerk's office. It was
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HISTORY OF SHELBY COUNTY
supposed, of course, to be secure and was the county's only "safety bank." The burglars had made their entrance into the county clerk's office by the north window. The doors were pried open with levers and steel wedges and pries made for the purpose. The safe was thoroughly overhauled and every coin taken that was in her possession. The robbery was first known when County Clerk W. J. Holliday reached his office on the following morning, and cansed no small stir in the little burg. The bank contained in money :
1 $1,000 national bank note .... $1,000
1 $500 national bank note. . 500
3 $100 national bank notes ... 300
(or greenback)
7 $50 national bank notes ... 350
(or greenback)
301
$20 national bank notes ... 6,020 (or greenback)
63
$10 national bank notes ... 630
(or greenback)
80 $5 national bank notes ... 400
(or greenback)
16
$10 Union military bonds. 160
19 $5 Union military bonds. 95
13 $3 Union military bonds. 39
Total
$9,494
Of this sum $1,290 had been received from the tax on licenses, $3,224 belonged to the state revenue fund, and $4,980 to the state interest fund. In addition to the sum of public money in the safe, Clerk Holliday had some funds of his own, and a considerable sum belonged to the enrolled militia, having not yet been disbursed, making a total of $10,000.
Only a few days previous the county
collector, J. M. Collier, had taken $30,000 to Quincy for safe keeping, which would have afforded the robbers some extra pin money had they come while it was in the safe. The collector made a full and legal investigation of the case, in which the county attorney, M. J. Manville, rep- resented the county.
The result was the public officials were exonerated from all censure and blame and the implication of no one.
Two men from Quincy, strangers, were unfortunate enough to be sojourning in the city at the time. The citizens became suspicions of them, took them into cus- tody and made a desperate effort to im- plicate them, even going so far as to take them to the country to lynch them, but they averred their innocence so fervently that they were released.
The real thieves were never appre- hended. No tools were found till a year later, when some drills and wedges and a few iron and steel pries were discov- ered in a fence corner in a meadow south of town and north of Black creek. It was supposed they were the tools that cracked the Shelby county safe.
POLITICS AND ELECTION OF 1870.
The January legislature of 1870 agreed to submit to the voters an amend- ment to the constitution abolishing the test oath and restoring the ballot to former Confederates, Southern sympa- thizers and all other male citizens, and relieving them of other proscriptive pen- alties. The slaves and their descendants had already been granted this privilege in 1867. The people were to vote on the new amendment in November. 1870. 11 very warm and earnest campaign pre- ceded the vote : indeed, the Presidential
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HISTORY OF SHELBY COUNTY
years did not eelipse it. The Republican party disagreed as to what should be done to the large number of disfran- chised eitizens. Many hoped to post- pone it. These were called Radieal Re- publicans, but an equal number believed in a removal of all political disabilities at onee. These were termed Liberal Repub- lieans. The Radicals were led by Charles D. Drake, and maintained the extreme and iron-elad policy, and the Liberals, headed by Gratz Brown and Carl Schurz, contended for a more magnanimous pol- iey for those who had by word or deed held complieitly with the rebellion.
The Radieals 'in convention at Jeffer- son City, nominated Joseph W. McClurg for re-election for governor. The Liber- als withdrew and adopted a platform and nominated Gratz Brown for governor. The Democrats declined to nominate a tieket and supported the Liberal Repub- liean tieket. There was a growing sen- timent among the people that the war was over, that the time for iron-clad oaths was past.
Taxation without representation was growing more unpopular every day, that since negroes, who formerly were slaves, was now allowed the ballot, their mas- ters should not be denied its privilege. That publie sentiment, both within and out of the borders of the state, was mak- ing largely against the condition of af- fairs as tyrannical and unjust.
Owing to the test oath associated with the Drake constitution, very few Demo- crats ever reached the polls and there- fore had little power in the direction of public affairs. As was natural, few Con- federates or their sympathizers were Re- publieans. Their disfranchisement had
embittered them against the author of their condition, and they cast lots with the Democrats, whether or not they were of that faith before the war. With the Confederates at their right hand and a split in the Republican ranks it was ap- parent, onee the disfranchising clause was removed, the Democratie party would speedily come into power.
In Shelby county polities were hum- ming. The old Democratie war-horses, who for so long had been a prodigal out in the cold, pricked up their ears and scrambled forward to win out. The party managers held the reins well under con- trol. A combination tieket between the Demoerats and the Liberals was ar- ranged and shrewd polities was played to make sure the overthrow of the Radicals.
REGISTRATION IN 1870.
Salt River 308
Jackson 178
Clay 184
Jefferson 93
Taylor 87
Black Creek 263
Bethel 183
Tiger Fork
107
Total 1,403
The election in the county was a mixed triumph for Liberals and Democrats.
Governor-McClurg, 600; Brown, 637. Congress-J. T. K. Hayward, 594; J. G. Blair, 635.
Representative-Shorts, 571; Shafer, 653.
Circuit Clerk-Leonard Dobbins, 616; Dunean, 591.
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HISTORY OF SHELBY COUNTY
County Clerk-E. A. Graves, 661; J. S. Preston, 542.
Sheriff-William A. Poillon, 534; S. F. Dunn, 677.
NOTE .- Straight Republicans in italic.
On the amendments the vote stood: For, 881; against, 242.
In the state they were adopted by more than 100,000 majority. Brown defeated McClurg by 41,038.
The year 1870 is memorable in history as having been the year when the Radi- cals allowed both the "niggers and rebels" to vote in Missouri.
CENSUS OF 1880.
The population of Shelby county in 1880 was: Whites, 13,089; colored, 935. Total, 14,024.
TOWNSHIP ENUMERATION.
Bethel 1,343
Black Creek, including Shelbyville 2,074
Clay, including Clarence. 1,761
Jackson, including Hunnewell 2,057 Jefferson 1,548
Salt River, including Shelbina. 2,866
Taylor 1,212
Tiger Fork 1,163
TOWNS.
Shelbina .... 1,289
Clarence 570
Shelbyville .. 619 Hunnewell .424
1860, 1870, 1880 COMPARED.
Whites
6,565
9,540
13,089
Colored
736
571
935
Total
. 7,301
10,111
14,024
FLOOD OF 1876.
The summer of 1876 is known in Shelby county as the "high water era." It was a cool spring and in the "good old summer time" came a remarkable rainfall that raised some of the streams of the county to their maximum height. Salt river was swollen beyond that of any past date, to even the pioneers, who remembered well the floods of 1844, 1851 and 1856. It was literally from bank to bank at many locations. At the long bridge, over the old Dickerson ford, on the Shelbina-Shelbyville road, the water skimmed over the bridge and obsenred its approaches. On the northern ex- tremity was washed a linge boulder of granite in the road. To the east side of the road was a large black oak tree with the high water mark of 1876 nailed on it.
CHAPTER X.
THE AGRICULTURAL SOCIETY OF SHELBY COUNTY-THE SHELBY COUNTY AGRICUL- TURAL AND MECHANICAL ASSOCIATION-THE SHELBINA FAIR ASSOCIATION -LOCAL OPTION AND TEMPERANCE-TRANSPORTATION FACILITIES-THE HANNIBAL AND ST. JOE RAILROAD-THE BUILDING OF THE SHELBY COUNTY RAILWAY-THE FIRST ELECTRIC RAILROAD-CHIEF PURSUITS AND SURPLUS PRODUCTS.
THE AGRICULTURAL SOCIETY OF SHELBY COUNTI.
Shelby county deserves the distinction of being the first county in north Mis- souri to organize and maintain an agri- cultural association or county fair. This event in the history of the county took place in 1839. In 1837 the Missouri leg- islature passed an act for the promotion of agriculture and the encouraging of the formation of agricultural societies. Two years later some farmers and citizens of Shelbyville held a meeting and organized the society. The records of this meeting were preserved and were kept on file in the court house. The following is a copy of the original record :
"Shelbyville, 22d February, 1839. At a meeting begun and held in the court house in the town of Shelbyville for the purpose of forming an agricultural so- ciety, Capt. S. S. Matson being called to the chair and William Moore appointed secretary pro tem. On motion, B. W. Hall stated the object of the meeting. Question being put by the president "Whether the society be formed," de- cided in the affirmative by 25-no one op- posing. The meeting being organized,
they proceeded to the election of officers for the present year: Samuel S. Matson, president; William Vannort, secretary, and James M. Rider, treasurer. On mo- tion, John Dunn and William Gooch be managers from Black Creek township. On motion, B. W. Hall and Thomas B. Rookwood be managers from North River township. On motion, $2.50 be the amount of each subscriber. On motion, it was agreed that there be an additional manager in each township. Robert Dun- can be appointed manager in Jackson township, Thomas J. Bounds for Black Creek and Thomas O. Eskridge for North River township.
"It was agreed that the proceedings of this meeting be published in some public journal.
"It was agreed that the society be called 'The Agricultural Society of Shel- by County.'
"It was motioned and agreed that the annual meeting of this society be held on the first day of our March term 1840. It was agreed that William Moore assist B. W. Hall and Thomas J. Bounds to draft the constitution. It was moved and agreed that the subscription money be paid on the first of August. It was
119
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HISTORY OF SHELBY COUNTY
agreed that this society meet on the first Monday of our next Circuit court for the purpose of adopting or rejecting the by- laws. On motion, this meeting adjourned until first Monday in March next, 1838. "WM. MOORE, S. S. MATSON,
"Secretary.
President Pro Tem."
The names of the members of this as- sociation were as follows: J. M. Rider, B. W. Hall, J. Foley, William Gooch, Montillian H. Smith, S. S. Matson, John Dunn, James Graham, O. H. Perry, Da- vid O. Walker, Thomas A. McAfee, O. Dickerson, Abram Matlock, Robert Dun- can, Charles Smith, Elijah I. Pollard, Thomas O. Eskridge, Thomas B. Rook- wood, William A. Davidson, William Moore, John Davis, C. B. Shepard, John W. Long, Elias Kincheloe, Lawrence Turner, James C. Hawkins, Milton Hood, Thomas J. Bounds, Robert Blackford, William H. Vannort, William S. Chinn, J. B. Marmaduke, Frederick Rook, George Anderson, John Hayes, Samuel B. Hardy, Russell W. Moss.
A record of the constitution of this so- ciety was not preserved, but the follow- ing is a copy of the by-laws:
BY-LAWS OF THE SIIELBY COUNTY AGRICUL- TURAL SOCIETY.
Article 1. Any person may become a member of this society on application to the secretary.
Article 2. Each member shall pay to the treasurer the sum of $2.50 on or be- fore the first of August.
Article 3. None other than a member of this society shall be permitted to con- tend for a preminm.
Article 4. All members intending to exhibit stock shall enter the names, pedi-
grees and age, as near as possible, with the secretary before the exhibition com- mences, on or before 10 o'clock of that day.
Article 5. No member shall be per- mitted to contend with any other than an article belonging to him or some other member of the society.
Article 6. The following persons are appointed judges to award premiums and certificates for the year 1839: (Names omitted.)
Article 7. Premiums shall be conferred on the following :
1-Best stallion, $6; second best, cer- tificate. 2-Best suckling colt, $6; sec- ond best, certificate. 3-Best three-year- old colt, $6; second best, certificate. 4- Best yearling colt, $6; second best, cer- tificate. 5-Best bull, $6; second best, certificate. 6-Best cow, $6; second best. certificate. 7-Best boar, $6; second best, certificate. 8-Best sow, $6; second best, certificate. 9-Best four pigs (amended), $6; second best, certificate. 10-Best six sheep, $6; second best, cer- tificate. 11-Best yoke of oxen, $6; sec- ond best, certificate. 12-Best 5 acres of corn, $6; second best, certificate. 13- Best five acres of wheat, $6; second best, certificate. 14-Best five acres of timo- thy, $6; second best, certificate. 15- Best yield from one bushel of potatoes, $6 ; second best, certificate. 16-Best five yards of jeans, $3. 17-Best five yards of linen, $3. 18-Best five yards of flan- nel, $3.
Article 9. Each member contending for a premium on any of the above articles, if on live stock, to furnish his manner of breeding, rearing and fattening and all other matters calculated to throw light on the subject.
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HISTORY OF SHELBY COUNTY
Article 10. The successful competitor for each species of grain to give his method of cultivation and kind of soil; also the kind of seed.
Article 11. Those on domestic manu- factures the whole method of preparing and manufacturing the same.
No meeting was held in March, as was intended, but in June a meeting was held and the following record preserved :
Shelbyville, June 8, 1839.
Society met according to adjournment. William Gooch, Thomas J. Bounds, Thomas O. Eskridge, B. W. Hale, Thomas B. Rookwood and R. P. Black- ford, a majority of the managers present. The society proceeded to business. On motion, resolved that any person wishing to become a member shall have the op- portunity of now having his name en- rolled. On motion of John W. Long, re- solved, that no member of this society shall be appointed as a judge.
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