USA > Missouri > DeKalb County > History of Andrew and De Kalb counties, Missouri : from earliest time to the present; together with sundry personal, business and professional sketches and family records. besides a condensed history of the state of Missouri, etc > Part 14
USA > Missouri > Andrew County > History of Andrew and De Kalb counties, Missouri : from earliest time to the present; together with sundry personal, business and professional sketches and family records. besides a condensed history of the state of Missouri, etc > Part 14
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Gov. Joseph W. McClurg recommended in his message the ratification of the Fifteenth Amendment to the constitution of the United States, passed by Congress on February 27, 1869, and transmitted to the General Assembly at the same time a copy of the amendment as follows:
ARTICLE XV.
SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude.
SEC. 2. The Congress shall have power to enforce this article by appropri- ate legislation.
Immediately upon the reading of the amendment, a joint reso- lution ratifying it was introduced into the Senate, and was speed- ily adopted by both Houses of the Legislature.
DIVISIONS IN THE REPUBLICAN PARTY.
The differences of opinion regarding universal amnesty and enfranchisement were rapidly assuming the proportions of dis- cord and disintegration; and the Republican party in the State became divided in sentiment as well as in name, being known re- spectively as Radicals and Liberals; the former maintaining a severe, and the latter a more magnanimous policy toward those who had complicity with the Rebellion. The Democrats, owing to the stringent registry laws, were in a hopeless minority, and
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so attached themselves to the Liberal Republicans, believing that by this course they might best aid their disfranchised brethren, and eventually gain control of State politics. The State Nomi- nating Convention, which met at Jefferson City on August 31, 1870, witnessed the final division of the Republicans. The plat- forms of the two branches of the party, differed chiefly in regard to enfranchisement, and the articles embodying their respective sentiments were as follows:
MAJORITY OR LIBERAL PLATFORM.
Fourth. That the time has come when the requirements of public safety, upon which alone the disfranchisement of a large number of citizens could be justified, has clearly ceased to exist, and this convention, therefore, true to the solemn pledges recorded in our National and State platforms, declares itself une- quivocally in favor of the adoption of the constitutional amendments , com- monly called the suffrage and office-holding amendments, believing that under existing circumstances the removal of political disabilities, as well as the exten- sion of equal political rights and privileges to all classes of citizens, without distinctions, is demanded by every consideration of,' good faith, patriotism and sound policy, and essential to the integrity of Republican institutions, to the welfare of the State, and to the honor and preservation of the Republican party.
MINORITY OR RADICAL PLATFORM.
Third. That we are in favor of re-enfranchising those justly disfranchised for participation in the late Rebellion, as soon as it can be done with safety to the State, and that we concur in the propriety of the Legislature having submitted to the whole people of the State the question whether such time has now arrived; upon which question we recognize the right of any member of the party to vote his honest convictions.
The two reports being before the convention, the report of the minority was adopted, whereupon about 250 delegates, friends of the majority report, led by Mr. Schurz, withdrew, organized a separate convention, and nominated a full State ticket, with B. Gratz Brown as a candidate for Governor. The other convention also nominated a full ticket, headed by Joseph W. McClurg for Governor, at that time incumbent of the office.
The election of November, 1870, resulted in the choice of the B. Gratz Brown ticket by a majority of over 40,000 Liberal and Democratic votes. This election marks the period at which the Republicans, who had been for eight years in the ascendency, surrendered the power which they have since been unable to regain.
HISTORY OF MISSOURI. 149
THE MURDERS AT GUN CITY.
During the administration of Gov. Brown, a bloody infraction of the public peace occurred at Gun City, a small station on the Missouri, Kansas & Texas Railroad, in Cass County.
Judge J. C. Stevenson was one of the judges of the late county court of Cass County, that had made a fraudulent issue of bonds in the name of the county, thereby imposing heavy burdens upon the taxpayers. James C. Cline was county attor -. ney, and was implicated in the swindle, and Thomas E. Detro was one of Cline's bondsmen. Both Stevenson and Cline had been indicted, and were under heavy bonds to answer for the offense with which they were charged. All of these men, to- gether with Gen. Jo. Shelby, were on the eastern bound train which reached Gun City on Wednesday, April 24, 1872. At this place logs, rails and rocks were found piled upon the track, and seventy or eighty masked and armed men compelled the en- gineer and fireman to leave the locomotive, and then commenced a terrible fusilade into and around the captured train. Loud cries were made for Cline, who stepped out on the platform, and was instantly riddled with bullets. The murderers then rushed through the train calling for the "bond robbers." They shot Judge Stevenson down in the car, and afterward dragged him out on the grass. Mr. Detro they found in the mail car, and, after severely wounding him, threw him on the roadside, where he was allowed to bleed to death. The gang then called for Gen. Jo. Shelby, but his intrepidity saved him, as he coolly kept his seat, replying, "Here I am; if you want me come and get me."
Gov. Brown at once took measures to bring the murderers to justice, but they were never discovered. No further disturbance occurred, however.
AMENDMENTS TO THE STATE CONSTITUTION.
At an adjourned session of the Twenty-sixth General Assem- bly, which convened December 6, 1871, two constitutional amendments had been submitted to the votes of the people.
These were ratified at the November election in 1872. The first increased the number of supreme court judges from three
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to five, fixing their term of office at ten years, and providing that two additional judges should be elected at the general election in 1872, and one judge at each general election, every two years thereafter.
The second provided that no part of the public school fund should ever be invested in the stock or bonds or other obliga- tions of any other State, or of any county, city, town or cor poration; that the stock of the bank of the State of Missouri, held for school purposes, and all other stocks belonging to any school or university fund, should be sold in such manner and at such time as the General Assembly should prescribe; and the proceeds thereof, and the proceeds of the sales of any lands or other property which belonged or might hereafter belong to said school fund, should be invested in the bonds of the State of Missouri, or of the United States, and that all county school funds should be loaned upon good and sufficient and unincum- bered real estate security, with personal security in addition thereto.
REVISION OF THE STATE CONSTITUTION.
During an adjourned session of the Legislature, which met on January 7, 1874, a law had been passed authorizing a vote of the people to be taken at the general election in November, 1874, for and against calling a convention to revise and amend the constitution of the State. This convention was agreed to by a majority of only 283. An election for delegates took place on January 26, 1875. On May 5 of the same year the convention assembled at the Capitol. It consisted of sixty-eight members, sixty of whom were Democrats, six Republicans, and two Lib- erals. A thorough revision of the entire organic law was made, both in committee and in convention. Every department of the State Government passed under review, and many important changes were made, which can not be discussed here, but they are familiar to every well-informed citizen of the State.
The bill of rights occasioned much discussion. County rep- resentation, which has been a feature of every State constitution, including the first, was still maintained in spite of opposition. Carefully prepared and stringent limitations on the powers of the General Assembly were engrafted on the new instrument.
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HISTORY OF MISSOURI.
Sessions of the Legislature were made biennial, and the guber- natorial term changed from two to four years. The formation of new counties was made extremely difficult or impossible. The power of the Legislature, and of counties, cities, towns and all other municipalities, to levy taxes and contract debts, was hedged about with limitations and safeguards. Extra mileage and per- quisites to officials were laid under embargo. Our system of free public schools, embracing a liberal policy for the mainte- nance of the State University, received recognition in the article on education. The final vote on the adoption of the constitu- tion as a whole stood-ayes, sixty; noes, none; absent, eight. October 30, 1875, the people ratified the constitution by a major- ity of 76,688, and on the 30th of November, 1875, it became the supreme law.
GOV. CRITTENDEN'S ADMINISTRATION.
In 1880, Thomas T. Crittenden, of Johnson County, received the Democratic nomination for Governor of Missouri, and was elected in November of that year. Gov. Crittenden's competitors for the nomination were Gen. John S. Marmaduke, of St. Louis, and John A. Hockaday, of Callaway County. In his inaugural address, he recommended refunding at a lower rate of interest all that part of the State debt which could be thus refunded; some measures for the relief of the docket of the supreme court of the State, and a compromise of the indebtedness of several counties. He also condemned in the strongest terms the doctrine of repu- diation. .
Gov. Crittenden is by birth a Kentuckian-a direct descend- ant of the old Crittenden stock so long and deservedly prominent and popular in the State of Kentucky. Though himself a slave- holder, at the outbreak of our Civil War he espoused the cause of the Union, and no braver officer than he ever faced an army. At the close of the war he was found in the front rank of the con- servative portion of the people, who contended that peace should prevail, and the bitter animosities of the past be forgotten.
He was sent to Congress, where, in more than one instance he proved his integrity. Throughout his entire career, no stain of venality adhered to his fair name, and no act of violence char- acterized his discharge of any duty.
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HISTORY OF MISSOURI.
Under his guiding hand, the credit of the State advanced to a par with that of the Federal Government; the debt of the State gradually diminished, and all of her educational interests fos- tered and nourished.
When Gov. Crittenden took charge of the helm of State, a por- tion of the border was infested with a lawless band of thieves and murderers, known as the "James Gang, " who murdered without pity, and robbed without regard to person. He resolved to dis- band them. Soon some of the most desperate of the gang were in the hands of the officers, and, in one instance, when resistance and rescue were threatened, Gov. Crittenden attended the trial in person, with a few chosen friends, determined to defend the supremacy of the law with his life if necessary.
One by one, the members of this gang were hunted down and sent to the penitentiary, and finally Jesse James was shot at St. Joseph by the "Ford Boys, " former comrades, who had been employed to capture him.
HANNIBAL & ST. JOSEPH RAILROAD CONTROVERSY.
By continued legislation, commencing with the act approved February 22, 1851, and ending with that of March 26, 1881, the State of Missouri granted liberal aid in the construction of rail- roads within her boundaries. The Hannibal & St. Joseph Rail- road was among the enterprises thus assisted, and, for its con- struction, bonds of the State amounting to $3,000,000, bearing in- terest at 6 per cent per annum, payable semi-annually, were issued. One-half of these bonds were issued under the act of 1851, and the remainder under the act of 1855. The former were to run twenty years, and the latter thirty years. Some of these bonds have since been funded and renewed. Coupons for the interest of the entire $3,000,000 were executed and made payable in New York. The acts under which the bonds were issued contain vari- ous provisions designed to secure the State against loss and to make it certain that the railroad company would be bound to pay the principal and interest at maturity. It was especially made the duty of the railroad company to save the State from any and all loss on account of said bonds and coupons. The State treas- urer was not to advance any money to meet either principal or
DR.M.F.WAKEFIELD (DECEASED) ANDREW COUNTY
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HISTORY OF MISSOURI.
interest. The State contracted with the railroad company for complete indemnity. Neither was she required to relinquish her statutory mortgage lien, except upon the payment into her treas- ury of a sum of money equal to the entire indebtedness incurred by the railroad company on account of the issue and loan of her bonds.
In June, 1881, the railroad company, through its attorney, George W. Easley, Esq., paid into the State treasury $3,000,000, and asked for a receipt in full of all dues to the State. The treasurer, Mr. Philip E. Chappell, refused to give such a receipt, but instead gave a receipt for the sum "on account." Although the debt was not due, the officers of the railroad wished to pay it at this time in order to save the interest. They first asked for the bonds of the road, but these the State refused to give up. They then demanded that the $3,000,000 be paid back, and this demand was also refused. The railroad company then brought suit in the United States Court for an equitable settlement of the matter in dispute. The $3,000,000 had been deposited in a bank by the State authorities, and was drawing interest at the rate of only one-fourth of one per cent. The railroad company asked that this money should be invested so as to yield a larger amount of interest, which interest should be allowed to its credit,' in case anything should be found due from it to the State. Justice Mil- ler, of the United States supreme court, who heard the case upon preliminary injunction in the spring of 1882, decided that the unpaid and unmatured coupons constituted a liability of the State, and a debt owing, though not due, and that until these were pro- vided for, the State was not bound to assign her lien upon the road.
Another question which was raised but not decided was whether any, or if so, what account the State ought to render for the use of the money paid into the treasury by the complainants, June 20; and whether she could hold so large a sum of money, refusing to make any account of it, and yet insisting that the railroad company should make full payment of all the outstand- ing coupons.
Upon this subject Justice Miller, in the course of his opin- ion said: "I am of the opinion that the State, having accepted
10
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HISTORY OF MISSOURI.
or got this money into her possession, is under a moral obligation (and I do not pretend to commit anybody as to how far its legal obligation goes) to so use that money as, so far as possible, to protect the parties who have paid it against the loss of the inter- est which it might accumulate, and which would go to extinguish the interest on the State's obligation."
February 25, 1881, Gov. Crittenden sent a special message to the Legislature in which he informed that body of the intention of the Hannibal & St. Joseph Railroad Company to discharge the full amount of what it considered its present indebtedness to the State, and advised that arrangements be made for the profit- able disposal of the sum as soon as paid. In response to this message the Legislature passed an act March 26, the second section of which is as follows:
SEC. 2. Whenever there is sufficient money in the sinking fund to redeem or purchase one or more of the bonds of the State of Missouri, such sum is hereby appropriated for such purpose, and the Fund Commissioners shall im- mediately call in for payment a like amount of the option bonds of the State, known as the "5-20 bonds," provided, that if there are no option bonds which can be called in for payment they may invest such money in the purchase of any of the bonds of the State, or bonds of the United States, the Hannibal & St. Joseph Railroad bonds excepted.
On the 1st of January, 1882, the regular semi-annual payment of interest on the railroad bonds became due, but the company refused to pay, claiming that it had already discharged the principal, and consequently was not liable for the interest. There- upon, according to the provisions of the aiding act of 1885, Gov. Crittenden advertised the road for sale in default of the payment of interest. The company then brought suit before United States Circuit Judge Mccrary at Keokuk, Iowa, to enjoin the State from selling the road, and for such other and further relief as the court might see fit and proper to grant. August 2, 1882, Judge Mccrary delivered his opinion and judgment as follows:
" First. That the payment by complainants into the treasury of the State of the sum of $3,000,000 on the 26th of June, 1881, did not satisfy the claim of the State in full, nor entitle complain- ants to an assignment of the State's statutory mortgage.
" Second. That the State was bound to invest the principal sum of $3,000,000 so paid by the complainants without unneces-
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HISTORY OF MISSOURI.
sary delay in the securities named in the act of March 26, 1881, or some of them, and so as to save the State as large a sum as possible, which sum so saved would have constituted as between the State and complainants a credit pro tanto upon the unmatured coupons now in controversy.
" Third. That the rights and equity of the parties are to be determined upon the foregoing principles, and the State must stand charged with what would have been realized if the act of March, 1881, had been complied with. It only remains to con- sider what the rights of the parties are upon the principles here stated.
" In order to save the State from loss on account of the default of the railroad company, a further sum must be paid. In order to determine what that further sum is, an accounting must be had. The question to be settled by the accounting is, how much would the State have lost if the provisions of the act of March, 1881, had been complied with ? I think a perfectly fair basis of settlement would be to hold the State liable for whatever could have been saved by the prompt execu- tion of said act by taking up such 5-20 option bonds of the State as were subject to call when the money was paid to the State, and investing the remainder of the funds in the bonds of the United States at the market rates.
" Upon this basis a calculation can be made, and the exact sum still to be paid by the complainants in order to fully indemnify and protect the State can be ascertained. For the purpose of stating an account upon this basis, and of determining the sum to be paid by the complainants to the State, the cause will be referred to John K. Cravens, one of the masters of this court. In determining the time when the investment should have been made under the act of March, 1881, the master will allow a reasonable period for the time of the receipt of the said sum of $3,000,000 by the treasurer of the State-that is to say, such time as would have been required for that purpose had the officers charged with the duty of making said investment used reasonable diligence in its discharge.
" The Hannibal & St. Joseph Railroad is advertised for sale for the amount of the installment of interest due January 1, 1882,
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HISTORY OF MISSOURI.
which installment amounts to less than the sum which the com- pany must pay in order to discharge its liabilities to the State upon the theory of this opinion. The order will therefore be that an injunction be granted to enjoin the sale of the road upon the payment of the said installment of interest due January 1, 1882, and if such payment is made, the master will take it into account in making the computation above mentioned."
THE ELECTION OF 1884.
The campaign of 1884, both nationally and in the State, was the most hotly contested of any this country has ever seen. In Missouri an alliance was effected between the Republican and Greenback parties, and a ticket headed by the name of Nicholas Ford, of St. Joseph, and called the " Anti-Bourbon ticket," was put into the field against the Democracy, headed by Gen. John S. Marmaduke, of St. Louis. A third party, known as Prohibition- ists, exercised considerable influence in the canvass. The "Anti- Bourbon " party made their fight against the record of the Democrats, who had been in uninterrupted power for twelve years, and especially against the tendency of the Democracy to recognize and reward men who had been in rebellion during the Civil War. This plea, owing to the nomination of Marmaduke, who had been a Confederate general, was of considerable service to the opponents of Democracy, and came near securing the defeat of the party. The campaign on the part of the Democrats was mainly a defensive one; while John A. Brooks, the Prohibi- tion candidate, urged that neither Ford nor Marmaduke should be elected, pledging himself in favor of submitting a constitutional amendment to prohibit the manufacture and sale of intoxicating liquors. Mr. Brooks made a strong fight, and polled nearly 10,000 votes. Marmaduke was elected by a majority of less than 2,000, although the Cleveland electors carried the State by about 30,000. All of the Democratic State ticket was elected by vary- ing majorities, and also twelve out of fourteen congressmen were chosen by the same party.
Nothwithstanding the opposition manifested toward him Gov. Marmaduke made an excellent career as an Executive, discharg- ing his duties in an impartial, conservative manner. On Tues-
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HISTORY OF MISSOURI.
day, December, 27, 1887, news of the sudden and serious illness of the Governor was spread over the country. This was soon followed, on the evening of December 28, by tidings of his death.
Lieut .- Gov. Morehouse subsequently qualified as Governor of the State, and is the present incumbent of the position.
THE EARLY COURTS.
As the District of Louisiana was for many years under the dominion of Spain, it became necessary for the early lawyers to acquaint themselves with Spanish civil and criminal laws. This they uniformly did, and even after the district came into the pos- session of the United States the rules which obtained in the Spanish and French courts were still clung to. Until the District was purchased by the United States, the administration or execu- tion of the laws was in the hands of the civil and military com- mandants, who in most instances were both ill-informed and arbitrary. In 1804 Congress extended the executive power of the Territory of Indiana over that of Louisiana, and the execu- tion of the laws of what is now Missouri fell to William Henry Harrison, Governor, and Griffin, Vanderburg and Davis, judges. The first courts were held in the winter of 1804-05 in the old fort near the junction of Fifth and Walnut Streets, St. Louis, and were called courts of common pleas. In March, 1805, the District of Louisiana was changed to the Territory of Louis- iana," and James Wilkinson became Governor; Frederick Bates, secretary; and James Wilkinson, Return J. Meigs and J. B. C. Lucas, judges of the superior court of the Territory. At this time the executive offices were in the old government build- ing called La Place d' Armes, St. Louis. The districts of the Territory were changed to counties, Territorial courts superseded the commandants, and the rules of the English common law soon banished those of France and Spain. Courts of common pleas were established by the Territorial Legislature in 1813. Since the formation of the State Government the constitution and the Legislature have provided the number and character of the State courts.
PUBLIC AND PRIVATE SCHOOLS.
The public school system of Missouri is similar to that of other States. The first constitution of the State provided that
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HISTORY OF MISSOURI.
" one school or more shall be established in each township as soon as practicable and necessary, where the poor shall be taught gratis." It was not until 1839 that the school system was divest- ed of the clause limiting its benefits to the poor. At that date provision was made for a State superintendent of public instruc- tion, for a county board of education, and for a township board. From that time forward the system has steadily grown in useful- ness and power. Its greatest growth succeeded the Civil War. Now not less than 25 per cent of the State's revenue, exclusive of the sinking fund and interest, is devoted to the support of the public schools.
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