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 23
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 23
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The proposition was in due time submitted to a vote of the people, who signified their assent by a large majority.
At the November term, 1959, Prince L. Hudgens was ap- pointed commissioner, with authority in the name of the county to subscribe the $100,000 worth of stock, “ bonds bearing ten per cent interest to be taken at par value by said road on condition that they run ten years, with the right of the county to pay the same after five years from their dates."
Work commenced on the road in the fall of 1859, and so rap- idly was the enterprise pushed that cars were running between the cities of St. Joseph and Savannah some time during the fol- lowing year. In July, 1860, the last installment, amounting to $50,000, was issued in stock notes or bonds, and the completion of the road to Savannah was hailed as a new era in the history of Andrew County in general, and of the city in particular.
Until 1867 the road was owned and controlled by the Platte County Company, with Savannah as its northern terminus.
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HISTORY OF ANDREW COUNTY.
By an act of the General Assembly of Missouri, approved March 8, 1867, the Missouri Valley Railroad Company was created with authority to locate and construct a road from a point at or near the western terminus of the Pacific Railroad through the towns of Weston and St. Joseph to the southern line of the State of Iowa, and on and over the roads located by the Atchison & St. Joseph, Weston & Atchison, and the Platte County Railroad Companies, with the privilege of changing the line of the latter company so as to run from a point in the city of St. Joseph, along the valley of the Missouri by way of Forest City to the Iowa line, and of con- structing a branch road from Savannah to the Iowa line, in the direction of Des Moines City. The provisions of the aforesaid act were as follows: "Provided that nothing in this act shall be taken or construed to authorize said company, its successors or assigns, to change the general route, tear up, destroy or render unfit for ordinary railroad purposes, that part of their railroad, or any portion thereof, which extends from their connection in the city of St. Joseph with the road running south to Weston to their present terminus at the town of Savannah; but said road from St. Joseph to Savannah shall be kept in good running order, and at least one locomotive and train of cars shall be run back and forth over the same, accidents excepted, and Sundays at the dis- cretion of the company; and in default thereof all right and priv- ileges and franchises granted by this act are to be held as null and void, and of no effect."
Shortly after taking possession of the road the Missouri Val- ley Company extended the line north from Savannah to Creston, Iowa, completing and using the extension in the year 1870.
On the 11th day of July, 1870, the last named company con- solidated, under the laws of Missouri, with the St. Joseph & Council Bluffs Road, and formed what has since been known as the Kansas City, St. Joseph & Council Bluffs Railroad Company.
Prior to the above date, however, about the year 1867, the Missouri Valley Company constructed the main line of their road northward to Iowa, a portion of which runs through the southwest corner of Andrew County. This, with the branch already mentioned, passed into the hands of the K. C., St. J. &
.
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STATE OF MISSOURI.
C. B. Co., in 1870, and the year following an act was passed by the General Assembly authorizing the said company to change the route of its road between the cities of St. Joseph and Savan- nah. The material part of this act is as follows:
SECTION 1. The Kansas City, St. Joseph & Council Bluffs Railroad Company be and the same is hereby authorized to change the general route of that part of its railroad which extends from its connection in the city of St. Joseph with that other part of said road which runs south to Weston, to its present depot in the city of Savannah, Andrew Co., Mo., so as to lessen the grades of said road. and to cheapen the cost of operating the same: Provided, that said company shall continue to keep its depot at Savannah, at the present site of said Savan- nah depot.
In pursuance of the provisions of this act, the company, in 1872-73, abandoned the original route between St. Joseph and Savannah, and constructed a new track from Amazonia to Savan- nah, which ran about half a-mile west of the original station in the latter place. About this time the old depot was abandoned, and a new one constructed half a mile west of the city, a move- ment which caused great dissatisfaction to the people of Savan- nah who claimed that, in abandoning the original station building, the company violated the provisions of the laws governing the construction and subsequent changes of the road.
As already stated the act of 1867 required the Kansas City, St. Joseph & Council Bluffs Railroad Company as successor to the Missouri Valley Company to keep its road in good run- ning order for ordinary railroad purposes, from its connection in St. Joseph with the road running south to Weston with the depot in Savannah, and to run at least one locomotive and train of cars daily back and forth, etc. It was claimed that the above provision was not complied with, and, in order to compel the company to run their trains to the old depot as per provisions of the law, a writ of mandamus was served to the supreme court, David Rea and son and Pembroke Mercer appearing as attorneys for the relator. The respondent, in its return to statement of relator, specifically denied that in March, 1867, or at any other time, the northern terminus of the railroad, authorized to be con- structed by defendant or its predecessor, was at any depot in the town of Savannah. It also denied that defendant or any of its predecessors was ever at any time required to run a locomotive or
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HISTORY OF ANDREW COUNTY.
train of cars for carrying freight or passengers, etc., to or from any depot in the town of Savannah." It denied also that it was required by law " to run and operate a railroad from St. Jo- seph to or from any depot at the town of Savannah." It denied that it " ever abandoned any depot at Savannah for ordinary or for other railroad purposes, or failed to receive or discharge freight at such depot in the usual manner or at the usual and lawful rates of ordinary transportation business." It denied that it refused to keep or maintain such depot at Savannah as required by law.
Among the things averred by respondent were the follow- ing: "That the provisions of the act of. March, 1867, in relation to the running of cars daily back and forth from St. Joseph to Savannah were expressly repealed by the act of 8th of February, 1871." That it has kept said depot in suitable condition for all such passengers and freight as are required to be transported to and from such depot, and admits that it erected another depot about half a mile west of the old depot, and charged that the public thereby was accommodated, etc., and that, at the request of the people locally interested, it constructed a good road from Savannah to the new depot, sufficient for the transportation of all passengers and freight to and from the city, at great expense, etc., and still keeps and maintains the old depot for such as might prefer its use, although not required by law to do so. " And that it does keep and maintain a depot at Savannah for the use of the public, for the usual and ordinary purposes of a general passenger depot, as required by law, and that it did not connect its new line of road with its former line of road at said old depot at Savannah, and run a locomotive and train of cars daily because there is no law requiring respondent to do so."
The relator's answers to the defendant specifically denied each allegation of new matter, and alleged that "the public could only get to the new depot referred to by a road about one-half mile long, over a piece of land claimed by and in possession of said defendant, extending from Savannah to said depot, and that defendant had not kept said road sufficient for transportation of all freight and passengers to and from Savannah, and failed to repair said road, and refused to permit the public to repair
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STATE OF MISSOURI.
the same for long periods of time since the construction of said new depot, when said road was dangerous to travel on and dan- gerous for loaded wagons."
The briefs and arguments of both relator and respondent are ably prepared legal papers, and abound in a vast array of author- ities bearing upon the issue. The supreme court decided that while the company was not compelled to run all of its trains to the old depot, it was, according to the provisions of the statute, compelled to run at least two trains daily between the cities of St. Joseph and Savannah.
For some time passenger trains were backed to the old depot from the main track above the city, but the remnant of the old road was finally abandoned, except for occasional freight trains. The feelings of the citizens of Savannah against the company have in no wise been softened or modified by time.
CHICAGO, BURLINGTON & QUINCY RAILROAD.
This road was called at the time of its construction the St. Joseph & Des Moines Narrow Gauge, and passes through the southeast corner of the county. The original company was composed of stockholders living in St. Joseph, and, as at first con- structed, the road extended from that city to Albany, the county seat of Gentry County, about thirty miles south of the Iowa State line. It was completed in 1881, and subsequently enlarged to a standard gauge, and purchased by the Chicago, Burlington & Quincy Company. After changing hands the line was extended northward so as to connect with other lines of the Chicago, Bur- lington & Quincy system, since which time it has been one of the leading roads of the West. While it has not been of any great advantage to Andrew County in the main, the locality through which it passes has been materially benefited, two thriving towns having sprung into existence since its completion, to wit: Cosby and Helena. It is doing an immense passenger and freight business along the entire line, and is perhaps as well supplied in the quantity and quality of its rolling stock as any other of the Western roads, if not better.
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HISTORY OF ANDREW COUNTY.
ST. PAUL & KANSAS CITY RAILROAD OR DIAGONAL.
The original Diagonal was the Minnesota & Northwestern Rail- way, which was started out of Dubuque, and which for some time was operated by the Illinois Central as its Waterloo branch to St. Paul. When the Illinois Central built its own line to St. Paul, the Minnesota & Northwestern soon ceased to be operated at a profit, and became bankrupt. It was in this condition when President Steckney took charge of it. In the summer of 1877 it was extended in an air line to Chicago from Minneapolis, via Dubuque, the shortest line to-day between those cities. At this juncture the Minnesota & Northwestern purchased the Diago- nal which was a completed road from Waterloo to Des Moines, the name "Diagonal" being retained by the new owners. Presi- dent Steckney shortly after purchased the Des Moines, Osceola & Southern Railway, a narrow gauge which was made a stand- ard gauge early in the summer of 1887. It is an extension of the latter branch that was surveyed to St. Joseph in the spring of 1887, the line passing through Andrew County. Work was commenced soon after the survey, and at this time the road is rapidly nearing completion. The road will be especially valuable to Savannah, and its effect upon the material prosperity of the county has already been such as to cause a rapid advance in real estate in both city and country.
By it Savannah will be brought into easy communication with the great cities and commercial centers of the Northwest, and as a consequence the citizens of the county will be afforded superior facilities for the shipment of their surplus productions.
OFFICIAL DIRECTORY.
Circuit Judges .- David R. Atchison, Henderson Young, Sol- omon L. Leonard, William B. Almond, E. H. Norton, Silas Woodson, William Herren, I. C. Parker, Bennett Pike, Henry S. Kelley and A. C. Anthony.
County Clerks .- Edwin Toole, James C. Higgins, Daniel Van Buskirk, Ralph T. Wilson (died while in office, and was succeeded by John F. Colbaum, who filled out the unexpired term), Abra-
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STATE OF MISSOURI.
ham Dobbs, Benjamin W. Danford, Elijah Brayton, James H. Huffman, W. L. Kirtley, and Eli Beaghler present incumbent.
Circuit Clerks .- Edwin Toole, E. A. Carson, William Cald- well, Phineas Edwards, Silas E. Seely and J. C. Brooks.
Probate Judges .- John Caldwell, George T. Bryan, Samuel Huffman. Pembroke Mercer and Joseph Rea.
Sheriffs .- A. G. Clark, Elias Hughes, Allen Crook, Charles Niel, W. K. Roberts, Edward Russell, Amos F. Owen, David C. Stotts, Robert Conover, Julius A. Sanders, Pembroke Mercer, L. D. Caster, W. S. Starr, John Lincoln and the present incum- bent, John W. Crank.
Justices of the County Court .- The following is only a partial list of the justices and presiding judges of the county court, to- wit: Upton Rohrer, William Deakin, Samuel R. Crowley, Ben- jamin Price, William M. Sitton, Joseph Hunter, Alfred Town- send, Carey Tate, J. W. Thompson, Stephen Jones, G. W. Daniel, William L. Butts, John Spence, Miles Hale, Ephraim Myers, John M. Furnish, William F. Ford, E. S. Castle, C. P. Woodcock, John McLain, James Snowden, William Anderson, Edward Dale, D. Bonham, James Duncan, Joshua Bond, R. H. Talbott, B. B. Case, Jonathan Snowden, H. B. Watson, John L. Stanton, George Lambright, James W. Brooks, Joseph Peters, John Gressley, Gottlieb Steeby, Benjamin Petree, Joseph L. Bennett, Joseph M. Shepherd, Joseph L. Denney, J. F. Strock. The present board consists of J. M. Shepherd, presiding justice, F. M. Wells and A. S. Dodge.
Collectors .- A. S. Chittenden, W. B. Allen, Joseph Bennett, G. W. Harvey, Henderson Edwards, W. S. Wells and Julius Schnitzius.
Treasurers .- Jonathan Earles, J. M. Holt, Gilbert Ray, W. P. Hobson, Ed Barrows, John B. Majors, J. E. Huston, N. Kirtley, W. S. Sapp, James Walker, W. D. Ruddle and John Augustine.
School Commissioners .- W. D. Hoar, F. T. McFadden, E. R. Carr, A. J. Smith, and the present incumbent, James H. Wil- kerson.
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HISTORY OF ANDREW COUNTY.
THE PLATTE PURCHASE.
The county of Andrew having originally formed a part of the territory known as the "Platte Purchase," a brief history detail- ing how, when and through what means the purchase of this tract of country was accomplished will doubtless be of interest to the citizens of the county.
The act of Congress, March 6, 1820, admitting Missouri as a State into the Federal Union, defined the boundaries of the State,. the western line of which is described as follows: "Com- mencing at a point on parallel of latitude thirty-six degrees and thirty minutes north, where said parallel is intersected by a meridian line passing through the mouth of the Kansas River, where the same empties into the Missouri River; thence north along said meridian line to the intersection of the parallel of lat- itude which passes through the rapids of the River Des Moines, making the said line to correspond with the Indian boundary line." * "This boundary line failed to take in an extensive district of country between it and the Missouri River, and the mouth of the Kansas River, and the parallel which passes through the Des Moines Rapids, the topography of which could not have been known when Missouri was admitted." This triangular district of country was at that time the home of the Sac and Fox Indians, of Missouri, where reservations had been previously granted them by solemn treaty. Several years before any negotiations had been made toward acquiring this land the people of the State was desirous of its acquisition. By moving the Indians and pos- sessing this territory, a vast area of the richest, best timbered and best watered land in the State would be opened to settlers, many of whom had already made innovations and "squatted " in various places along the streams, making out claims in anticipa- tion of its annexation. One of the principal advantages urged in favor of acquisition was that +"the State would then have a natural boundary line-the Missouri River-be- tween whites and Indians, and the people having already lo- cated in the counties contiguous to this territory on the east
*Giddings.
+History of Nodaway County.
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STATE OF MISSOURI.
could avail themselves of the transportation facilities afforded by the Missouri River, without being compelled to cross the Indian territory." The people continued clamorous for annexation, and as early as 1834, regardless of orders to the contrary, settlers began pouring into the forbidden territory, until it became neces- sary for the United States Government to remove them by mili- tary force. This was accomplished in due time by a detachment of troops sent from Fort Leavenworth with orders to forcibly eject. any and all persons who had made or attempted to make any im- provements on the Indian domain. This movement had a ten- dency to arouse great excitement throughout the State, and the in- terest was such that the two United States Senators from Missouri, Hons. Thomas H. Benton and L. F. Linn, became interested in a movement having for its object the annexation of the desired terri- tory. *"This was a measure of great moment to Missouri, and full of difficulties within itself, and requiring a double process to ac- complish it-an act of Congress to extend the boundary, and an Indian treaty to remove the Indians to a new home." The difficul- ties were threefold: First-To make still larger a State which was already one of the largest in the Union; Second-To remove Indians from a possession which had just been assigned them in perpetuity. Third-To alter the Missouri compromise line in relation to slave territory, and thereby bring free soil into slave soil. The first two difficulties were serious, the third formid- able; and, in the then state of the public mind in relation to slave territory, this enlargement of a slave State, and the con- verting free soil into slave soil, and imparing the compromise line, was an almost impossible undertaking, and in no way to be accomplished without a generous co-operation of the Free States. " They were a majority in the House of Representatives, and no act of Congress could pass for altering the compromise line without their aid. They were equal in the Senate, where no treaty for removal of the Indians could be ratified except by a concurrence of two-thirds. And all these difficulties to be over- come at a time when Congress was inflamed with angry debates upon abolition petitions, transmission of incendiary publications, imputed designs to abolish slavery, and the appearance of the
*Thomas H. Benton. 5A
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HISTORY OF ANDREW COUNTY.
criminating article in South Carolina entitled 'The Crisis' announcing a Southern convention and a secession of certain Northern States, did not suppress the abolition societies within their limits within a limited time. In the face of all these dis- couraging obstacles, the two Missouri senators commenced their operations. The first step was to procure a bill for the altera- tion of the compromise line and extension of the boundary. It was obtained from the judiciary committee, reported by John M. Clayton, of Delaware, and passed the Senate without material opposition. It went to the House of Representatives, and found there no serious opposition to its passage. A treaty was nego- tiated with the Sac and Fox Indians. to whom the country had been assigned, and was ratified by the requisite two-thirds. And this, besides doing an act of generous justice to the State of Missouri, was the noble answer which Northern members gave to the imputed designs of abolishing slavery in the States! Actu- ally extending it, and by an addition equal in extent to such States as Delaware and Rhode Island, and by its fertility equal to one of the third-class States. And this accomplished by the extraordinary process of altering a compromise line intended to be perpetual, and the reconversion of soil which had been slave and made free, back again from free to slave. And all this when, had there been the least disposition to impede the proper exten- sion of a slave State, there were plausible reasons enough to cover an opposition in the serious objections to enlarging a State already the largest in the Union, to removing Indians again from a home to which they had just been removed under a national pledge of no more removals, and to disturbing the com- promise line of 1820, on which the Missouri question had been settled; and the line between free and slave territory fixed for national reasons to remain forever."
The above is a brief but succinct account of this important transaction, by its chief promoter, Hon. Thomas H. Benton.
Prior to the introduction and passage of Mr. Benton's bill, there was held in 1835, at the Dale farm, near the town of Lib- erty, Clay County, a militia muster, attended by a large con- course of people, from the region round about. During a recess the crowd was addressed by several speakers, among whom was
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STATE OF MISSOURI.
Gen. Andrew S. Hughes, who was one of the first to publicly propose the acquisition of the Platte country, a measure which met with such hearty approval that a committee was at once ap- pointed to accomplish it. The following distinguished gentle- men composed the committee, to-wit: Hon. William T. Wood, David R. Atchison, A. W. Donniphan, Peter H. Burnett and Edward M. Samuel, all at that time residents of Clay County. An able memorial was subsequently drawn up by Judge Wood, em- bracing the facts and considerations in behalf of the measure, which, after being signed by the committee, was forwarded to the senators and representatives at Washington from Missouri. Fol- lowing this memorial in 1886 the bill referred to was introduced in Congress by Mr. Benton, and zealously supported by his col- league, Hon. L. F. Linn, resulting in the acquisition of the terri- tory as before stated.
Following are some of the principal correspondence relative to this important transaction :
Hon. L. F. Linn, in 1835, addressed H. Elsworth the follow- ing communication :
WASHINGTON, January 23, 1835.
SIR :- It has long been desired by the people of Missouri to have annexed to the State that portion of territory lying between the western boundary and the great river Missouri, for the purpose of preventing the location of an annoying Indian population, and for the purpose of having on the river to receive their supplies and ship their productions within a moderate distance from the homes of those inhabitants residing along the line of the frontier.
The location of the Pottawattomies, by the treaty of Chicago on this terri - tory, interposes a barrier to the attainment of these objects, so important to the welfare and tranquility of the inhabitants of the Northern and Western coun- ties. Will you be so good as to furnish me your opinion as to the propriety of ratifying that treaty, and the danger of collision between the two races from placing the Indians between the white population and the river Missouri?
Very respectfully,
H. ELSWORTH, EsQ.
L. F. LINN.
This letter brought the following response from Mr. Els- worth :
WASHINGTON, January 27, 1835.
SIR :- Yours of the 23d inst., requesting my opinion as to the propriety of ratifying the Chicago treaty, and the danger of collision that will probably arise from placing the Indians between the white population and the river Mis- souri, at the northwest section of the State, was received this morning. In reply, I hasten to observe that the small strip of land lying between the Missouri river and the State of Missouri is, compared with the country lying north of the State line, an unfavorable location for the Indian tribes.
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HISTORY OF ANDREW COUNTY.
In the fall of 1833 I held a council with the Iowas and the little band of Sacs and Foxes living on this strip, who complained of the great difficulty attending their present situation, on account of the contiguity and encroachments of white men in the State, and all the chiefs desired me to make a treaty for their removal to land lying north of the State line. Not being authorized to make this treaty, I did not attempt it, but have recommended the subject to the favorable consid- eration of the Government.
I have understood that the Pottawattomies are willing to receive other land in equal amount for that lying south of the north line of Missouri. If this can be done, I have no doubt it would be advantageous to all parties concerned. The Government would realize the value of land, but more especially the Pot- tawattomies would have an excellent location, one far less likely to be inter- rupted by the encroachment of white neighbors. The State of Missouri might hereafter be accommodated with a good natural boundary, several excellent water privileges and additional landing on the navigable waters of the Missouri for one hundred and forty miles. The ratification of the Chicago treaty will prevent the future disposal of the narrow strip to Missouri, hence I conceive it highly impor- tant that the Pottawattomies should make an exchange of part of the land em braced within the original treaty. It may be proper to state that from the con- current testimony of persons residing on the Missouri, as well as from a personal view from the opposite side of the river, the location of the Pottawattomies, north of the land in question, will give them a rich and fertile tract equal to that of any tribe already migrated.
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