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 20
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 20
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At the November term, 1841, the following quaint order was placed on record:
WHEREAS, It is represented, and the court here being duly satisfied that Peter Kemper is likely to become a county charge, on the application of Sam- uel R. Campbell it is ordered that a license be granted him to keep a dram shop for six months by paying the State tax of $15 thereon, free of county tax.
The modern prohibitionist would doubtless object to this manner of allowing paupers to maintain themselves at the pres- ent day.
It was ordered by the court, in February, 1842, that a ware- house for the inspection of tobacco, 20x70 feet in size and one story high, be erected at Nicholas C. Owen's landing on the Mis- souri River. The county clerk was ordered to procure a seal for the county, and " to select such emblem to be put thereon as he sees proper." Henry Eppler was appointed assessor for the year 1842, and the same term (February, 1842) Jonathan Earls re- signed his office of county treasurer. Joseph W. Holt was ap- pointed his successor at the ensuing March term. Merchant licenses were granted early in 1842 to James Woosley and W. H. Rodgers, tavern license to Isadore Barada, and license to keep a ferry on the Nodaway River to Andrew Lackey. The order of April, 1841, allowing grand jurors no compensation for their serv- ices, was rescinded at the May term, 1842, and the records show that at the same session one John Eisminger was fined for con- tempt of court for refusing to deliver up the keys of the jail when ordered to do so.
JUSTICES OF THE FIRST COUNTY COURT.
Hon. Upton Rohrer was a native of Ohio, and one of the earliest pioneers of Andrew County, moving here in 1837, and settling on what is known as the Round Prairie, not far from the present site of Fillmore, in Jackson Township. He appears to have been a man of more than ordinary judgment and intelli-
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STATE OF MISSOURI.
gence, and, as presiding justice of the first court, deserves espe- cial mention on account of his administrative ability and impar- tial, and untiring efforts in behalf of the county's interests. He resigned his position in 1842, and after several years spent upon the farm, immigrated to Texas, where his death subse- quently occurred.
William Deakin was also a pioneer of Andrew County, his arrival antedating the year 1838. He settled in what is now Jefferson Township, and early earned the reputation of an honor- able and intelligent citizen, many of his neighbors being in- debted to him for encouragement and counsel. Possessed of a strong appreciation of the value of integrity, and justice and well defined purity of purpose, it won for him an enviable dis- tinction as a member of the court in the deliberations of which he took such an active part. Honest and straightforward in his dealings with others, faithful in his connections of right, he was truly one of nature's noblemen.
Samuel Crowley came to Andrew from Clay County in the year 1837, and settled in what is now Jefferson Township. He was a native of Georgia, but early immigrated to Missouri, locating in Clay County about the year 1815. In his personal character Mr. Crowley occupied a high position among his fellow- citizens, and maintained a strong hold on their confidence and respect as long as he remained in the county. He was a man of many peculiarities, honest and upright, and it is safe to say that the county has never had a more pains-taking and impartial official. He emigrated to Oregon in 1868, and died in that State a few years ago.
* "The first judges of the county court were men highly honorable and well qualified for the positions they occupied -- dis- charged their duties faithfully to the interests of the people of the county and creditably to themselves-men open, candid, free and positive, acting always on the principle that 'eternal vigilance is the duty of a public officer.' We appreciate their indefatigable zeal to do right. They were not men of any extensive cultivation of mind, but fully experienced in the duties of their office, and managed the business with an inflexible will, yet with simplicity and integrity.
* Giddings.
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HISTOR OF ANDREW COUNTY.
" The county since has not had a more trustworthy court; we mean, however, no disparagement to judges since. They perhaps were rather rigid in economizing. To illustrate: Two highly re- spected physicians came before the honorable court with medical accounts for allowance-Drs. William Burnett and William Wood. Dr. Burnett subsequently emigrated to California, and there died, much regretted. Gov. Booth, of that State, erected to his memory a monument commemorative of his valuable serv- ices while a member of the Legislature of that State, and works as a citizen. Dr. Burnett presented his account for $30 for serv- ices in attending Bob Harris in his last sickness, and proved the same by Dr. Wood.
" Judge Crowley asked the Doctor if the patient recovered or died. 'Died,' was the reply. 'And by the good Lord, sir, do you charge $30 for killing a man?' 'Judge Deakin, we will allow him half the amount.' 'Agreed,' responded Deakin. Next came Dr. Wood with an account for $30 for similar services, which he proved by Dr. Burnett. Judge Crowley again remarked: 'Lord Heavens man, how many of you were concerned in killing this man Harris? We will cut you down half, too. What do you say, Judge Deakin ?' 'Agreed,' responded the judge. The doctors retired exercising their risible faculties at the plain, blunt and positive manners of the court. These judges received for their services $2 per day."
TOWNSHIPS.
At the first term of the county court, orders were made cre- ating four municipal townships, to wit: Jefferson, Nodaway, Jackson and Jasper, the boundaries of which have already been described. Platte Township was created a little later, in the same term, from the east end of Jasper, the Platte River being designated as the dividing line between the two. At the May term, 1841, it was ordered that instead of being divided by the Platte River, "the two townships shall be divided by a line commencing on the One-Hundred-and-Two river at a point di- viding townships 59 and 60, due east to the county line, and the southern portion thereof shall be called Rochester town- ship, and the northern portion called Platte," the township of Jasper being thus merged into the two.
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STATE OF MISSOURI.
Hughes Township was created at the June term, 1841, and included all that territory north of the north line of the county between the Nodaway and the One-Hundred-and-Two Rivers. "Named in honor of Gen. Andrew S. Hughes."
Buchanan Township was created out of the northern part of Jackson, Jasper and Platte Townships, May, 1842, and embraced the territory lying north of the northern line of Hughes Town- ship between the Nodaway and the One-Hundred-and-Two Rivers. Jackson, Platte and Buchanan were subsequently incorporated in the county of Nodaway.
The remaining townships, Jefferson, Nodaway and Rochester, were subsequently divided, and other townships formed the boundaries, which were modified from time to time.
Platte Township was laid out in April, 1866, with the following boundaries: "Beginning at the northeast corner of Andrew County, running thence west with the north line of said county to where it intersects the One-Hundred-and-Two river ; thence south with the meanders of said stream to the intersection of the town- ship line between townships 59 and 60; thence east to the east line of the county; thence north to the place of beginning." As thus formed, Platte included the eastern part of what is now Empire Township and the western part of Benton.
The boundaries of Rochester Township were fixed the same time as follows: "Beginning at the southeast corner of Andrew County, running thence north along the east line of said county to where the township line between townships 59 and 60 inter- sects said county line, thence west on said line to where it inter- sects the One-Hundred-and-Two river; thence south with the meanders of said river to the south line of the county; thence east to the place of beginning." The territory thus described included the present township of Monroe, which was created at a subsequent date.
The township of Jefferson was modified in 1866 so as to cor- respond with the following outline: "Beginning at a point where the county line between Andrew and Buchanan Counties intersects the river One-Hundered-and-Two; thence north with meanders of said river to the section line between sections 13 and 24, town- ship 59, range 35; thence west on said line between sections 13
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HISTORY OF ANDREW COUNTY.
and 24, 14 and 22, 16 and 21, 17 and 20, and 18 and 19 to the range line between ranges 35 and 36; thence south with said range line to the corner of townships 58 and 59, in range 36, to the Missouri River; thence south with meanders of said river to the intersection of the southern boundary line of Andrew County ; thence east to the place of beginning."
The southern tier of sections in Nodaway and the eastern part of Lincoln Townships was included in the above descrip- tion.
Lincoln Township was created in 1866, as follows: "Begin- ning at the corner of townships 58 and 59, ranges 35 and 36; thence north on said range line to the corner of sections 13 and 24, in township 60, range 36; thence west on said line to the Nodaway River; thence south with the western boundary of the county to the Missouri River; thence south with meanders of said river to the intersection of the township line of townships 58 and 59, range 36; thence east to the place of beginning," including the south half of the present township of Jackson.
Jackson Township was created in 1866, the original boundary being as follows: "Beginning on the west bank of river One- Hundred-and-Two at intersection of section line between sections 10 and 15, township 60, range 35; thence north with the meanders of said stream to the intersection of the northern boundary of Andrew County with said stream; thence west on said boundary line to the Nodaway River; thence south with meanders of said river to where it intersects the north line of Lincoln Township; thence east on said line to place of beginning." As thus formed Jackson included the western part of Benton, all of Clay and the northern part of the present township of Jackson.
Nodaway Township was laid out in 1866, as follows: " Begin- ning at the One-Hundred-and-Two River, where the section line of sections 13 and 14 in township 59, range 35, intersects said stream; thence north with meanders of the One-Hundred-and- Two to the intersection of the line between sections 10 and 15 in township 60, range 35; thence west between sections 10 and 15, 9 and 16, 8 and 17, 7 and 18, in township 60, range 35, to range line between ranges 35 and 36, thence south with said line to the corner of sections 18 and 19, township 59, range 35;
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STATE OF MISSOURI.
thence east with the northern boundary of Jefferson Township to the place of beginning." A tier of sections in the present town- ship of Benton was included in the above boundary.
In 1870 the boundaries of the above townships were variously modified, the descriptions of the changes being too elaborate to mention.
A new township was created in 1870 by the name of Grant, bounded as follows: "Commencing at the northwest corner of section 5, township 61, range 35; thence south on the section line to the township line between townships 60 and 61; thence east on said township line to the range line dividing ranges 35 and 36; thence south on said line to the southwest corner of sec- tion 7, township 60, range 35; thence east on section line to the One-Hundred-and-Two River; thence south with meanders of said river to where the same intersects the line dividing town- ships 59 and 60; thence north on the range line between ranges 34 and 35 to the township line between townships 60 and 61; thence west to the southeast corner of section 31, township 61, range 34; thence north on section line to the northern boundary of Andrew County; thence west on said northern boundary to the place of beginning." Grant included the greater part of what is now Benton Township, and the western tier of sections in Platte. It was subsequently merged into other townships.
Washington Township was created in 1872, and included all of Congressional Township 60, Range 35, including the southern part of Benton, northern part of Nodaway, and the southwest corner of Empire Township. Its territory was subsequently divided among those three townships.
Benton Township was formed at the May term, 1872, the or- der for the same reading as follows: "Ordered that from and after this date (May 10, 1872) Congressional Township number 61, of range number 35, be and the same is hereby made a mu- nicipal township, to be called Benton Township, with the voting places at Bolckow and Rosendale."
Empire Township was created May 10, 1872, and includes parts of Congressional Township 60, Range 32, and Congres- sional Township 60, Range 34.
Clay Township was created at the same time out of the north-
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HISTORY OF ANDREW COUNTY.
ern part of Jackson Township, and embraces all that part of Congressional Township 61, Range 37, that lies in Andrew County.
Monroe Township was created at the May term of the county court, 1872, from the southern part of Rochester Township, it forming the southeast corner of the county.
All that part of Lincoln Township lying in Congressional Township 60, Range 37, was attached to Jackson Township in 1872.
That part of Jefferson Township in Congressional Township 58, Range 36, was attached to Lincoln Township the above year. Sections 30 and 31, Township 59, Range 35, and Section 6, Township 58, Range 35, were cut off from Jefferson and added to Lincoln Township in 1872.
It was ordered the same year " that all that part of Jefferson Township north of a line commencing on the township line be- tween Congressional Township 59, Range 35, and Township 59, Range 36, running east on said line between Sections 20 and 29, 22 and 27, 23 and 26, 24 and 25, until it at the west line of Ro- chester Township be added to Nodaway Township."
Following the above have been various changes in the town- ship boundary lines; those described, however, being the most important. The municipal townships of the county at this time are Clay, Benton, Platte, Jackson, Empire, Nodaway, Lincoln, Rochester, Jefferson and Monroe.
LOCATION OF COUNTY SEAT.
As previously stated the legislative enactment creating Andrew County designated three commissioners for the purpose of fixing upon a location for the permanent seat of justice. These commissioners were Harlow Hinkston, of Buchanan County ; Eli- jah P. Howell, of Clinton County, and Elijah Armstrong, of Daviess County, said to have been men of fine sense and excellent judgment.
By reference to the records of the first county court we find an order for the said commissioners to convene at the house of Gallant Rains on the second Monday in April, 1841, and report upon the site selected. In the meantime two of the
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STATE OF MISSOURI.
commissioners visited the newly created county, decided upon what they considered the most eligible location, and at the ap- pointed time made the following report:
To the Honorable County Court of Andrew County:
We, the undersigned commissioners, appointed to locate the seat of justice of Andrew County, being first duly qualified to do the same, do report the south- east quarter of section number nine, township number twenty-nine, range thirty. five for the town of Union. Given under our hands, April the sixteenth, one thousand eight hundred and forty-one."
HARLOW HINKSTON, ELIJAH ARMSTRONG.
On the reception and adoption of this report the court ap- propriated the sum of $200, and placed it in the hands of Edwin Toole to enter the land, and appointed Benjamin K. Dyer, com- missioner of the seat of justice, with authority to lay off the land selected into lots, streets and alleys, and to advertise and sell the same.
The first sale of lots was advertised in the Far West and Western Star, papers published in Platte and Clay Counties, respectively, the nearest publications at that time to Andrew County.
Shortly after the adoption of the above report Prince L. Hud- gens, an attorney on the part of William H. Rodgers and others, filed a motion objecting to the report and selection as contrary to law, and asked the court to reconsider and annul all proceedings upon the order. This motion the court saw fit to overrule, thus forever settling the county seat question, the transaction bearing date of May, 1841.
In addition to the above report the commissioners subse- quently made a more complete and explicit one to the circuit court in reference to which we find the following entry in the proceedings of the July term, 1841.
Ordered that the report of Harlow Hinkston and Elijah Armstrong, Com- missioners appointed by the Legislature to select the permanent Seat of Justice of Andrew County, and made to the Circuit Court of same County at the last June term thereof and certified to this court, be received by the Court, and spread upon the records, which is in the following words and figures, to wit: " To the Honorable the Circuit Court of Andrew County, in the State of Missouri:
"The undersigned Commissioners appointed by the Legislature to select the permanent seat of Justice for said county do respectfully submit the follow- ing report: That they met for the above purpose on the second Monday of April, one thousand eight hundred and forty-one, and, after having been duly
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HISTORY OF ANDREW COUNTY.
sworn, proceeded to select for the same the South East quarter of section num - ber twenty-nine, township number fifty-nine, range thirty-five, believing the above location to be the most suitable in every respect to the convenience and interest of the citizens of said county as the seat of Justice for the same and within three miles of the geographical center of said county, as required by law.
"The undersigned would further represent to your Honor that the said County of Andrew was organized and established by the Legislature of said State upon land owned by the Government of the United States, and that they know of no title in said county to the quarter section except the right of pre- emption to one quarter section of land granted by Act of Congress to counties for purpose of seats of Justice for the same.
" HARLOW HINKSTON, "ELIJAH ARMSTRONG, " Commissioners."
Following the above appears the report of Benjamin K. Dyer, commissioner of the seat of justice, the material part of which is to the effect that, " in accordance with the instructions from and by the Court," he laid off the seat of justice into blocks, streets and alleys, which report, after being duly inspected, was received and ordered placed upon the records. By order of the Court, the name Savannah was adopted instead of Union, and the streets of the newly founded town were ordered numbered and named.
Thus was Andrew County's permanent seat of justice properly located and established, and from a very insignificant beginning the beautiful little city of Savannah started forth upon its subse- quent prosperous career.
PUBLIC BUILDINGS.
Official dignity in the early days was of a homespun character, and needed not the aid of spacious buildings and stately domes to maintain a position in harmony with its surroundings. As already stated, the first sessions of the courts were held in the private dwelling of Gallant Rains, and when the weather per- mitted in the shade of a large elm tree, the overarching branches of which formed an appropriate canopy for such an august assem- blage. It was early determined, however, to provide a place for holding court more in keeping with the dignity of the growing county, and at the July term of 1841 an order was made for a courthouse to be erected in the town of Savannah, according to the following plans and specifications :
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STATE OF 1 MISSOURI.
"To be a frame building one and a half stories high. To be built on a good stone foundation eighteen inches thick, one foot under ground and one above ground, the lower story to be eight feet high in the clear, and the upper story five feet high. Said building to be twenty by twenty-six feet in the clear; two good floors, the lower floor to be of good oak plank, unplaned, but jointed, and the upper floor to be of good walnut plank, tongued and grooved, but unplaned; the joists to be of good timber, placed two feet apart, and nine inches by three; sills of white oak, ten by twelve inches; plates four by eight inches; corner posts four by eight inches; the other posts four inches square; braces four by eight inches; sleepers, good and strong, of oak timber; rafters equal to the number of joists, and five by three inches; sheeting to be square-edged and jointed closely; partitions in the upper story dividing the same into two apartments, with plain batten door in partition, to be covered with good Spanish oak shingles, eighteen by four inches, and to show five and a half inches to the weather; to be weather- boarded with walnut plank, and jointed with an inch-and-a-half cap; four twelve-light windows, ten by twelve, two on each side of said building, in the lower story thereof; one window of ten by twelve inches in each gable, of twelve lights, and two good batten doors. One pair of common plain steps leading up stairs; each room lined with plank doors and windows, to be faced in good order with walnut plank, and furnished with good moulding. Said building to be ceiled up to chair boards with linn plank, dressed, tongued and grooved; build- ing to be lathed and plastered with good coats above and below. All of which, by the undertaker, is to be done in good and workmanlike manner."
Gallant Rains was appointed by the court to superintend the erection of this imposing temple of justice, and the sum of $600 appropriated to defray the expenses, the same to be paid as the work progressed. The building was erected in the summer of 1841, and stood on Lot 5, Block 26, corner of Sixth and Market Streets, south of the residence of Judge Pembroke Mercer. It was first used for court purposes in September of the above year, but being a primitive structure and poorly adapted for public uses, it was abandoned after a short time.
At a session of the county court, held May, 1844, it was ordered that a courthouse of brick be built on the public square in Savannah, the same to be forty by fifty feet, two stories high, and finished in a workmanlike manner. Plans and specifications for the proposed structure were drafted by Samuel Knight, after which notice was given by the superintendent, Edwin Toole, that the contract would be let to the lowest responsible bidder. Accordingly several proposals were made, and after mature deliberation the contract was awarded to Samuel Nelson for the sum of $6,280.
Measures and estimates were made from time to time for work
ยท
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HISTORY OF ANDREW COUNTY.
and labor done and materials furnished by Mr. Nelson, as pro- vided by the contract, and on the 17th of December, 1845, the building was reported complete and ready for use.
The house is a spacious two-story brick structure, surmounted by a tall cupola and at the time of its completion was considered one of the finest and best temples of justice in Northwest Mis- souri. The court room and sheriff's office are on the first floor, the second story being occupied by the petit and grand jury rooms.
The following incident by Col. Giddings will doubtless be of interest in this connection: "When the county court had under consideration the plans and specifications for the house, the cupola part, one of the judges did not seem fully to understand, and objected to the appropriation for that item, but was over- ruled. This honorable functionary on his first visit to the city after the completion of the edifice, was seen walking around, gaz- ing intently at the house, and, when asked if he admired the structure, replied, 'Why yes, very much;' pointing to the top, 'and that is the cupola; had I known the beauty it adds to the building, I should have favored one on the other end also.'"
The building has answered well the purposes contemplated until within the last few years, when the vast accumulating busi- ness has demonstrated the fact of its growing insufficiency to meet the demands of the period. Several efforts have recently been made to secure a new courthouse, but the majority of the people of the county, actuated by what they are pleased to term "a spirit ef economy, have as repeatedly decided against the pro- ject by ballot. A new building is badly needed, and that a structure more in harmony with the wealth and dignity of the county will be erected in the near future will hardly admit of a doubt.
At a session of the county court held in August, 1841, it was ordered that the sum of $5 be awarded to any person or persons who should present to the court at its next term the best and cheapest plan for a jail to be composed of stone, wood and iron, the same to be erected on the public square, in the town of Savannah.
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