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 7
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 7
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CONSTITUTIONAL CONVENTION OF 1845.
At the August election of 1845, sixty-six members were chosen by the people to remodel the constitution. Representa- tion under the old constitution, which allowed each county at least one representative, and limited the whole number to 100 members in the lower branch of the General Assembly, had become very unequal. Chiefly to remedy this irregularity, but at the same time for other purposes, the convention was called.
It convened at Jefferson City, on November 17, 1845, and
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organized by the election of Robert W. Wells as president; Clai- borne F. Jackson, vice-president, and R. Walker, secretary. Some of the most able and distinguished men of the State were members of this body. The whole organic law was reviewed, and, in many material respects, remodeled. The convention ad opted (ayes, forty-nine, nays, thirteen) a new constitution, and submitted it to the people, and adjourned sine die January 14, 1846. During the canvass the constitution was very generally discussed by the newspapers and candidates, and finally, at the August election, rejected by about 9,000 majority, the whole number of votes cast being about 60,000.
THE MEXICAN WAR.
From 1821 to 1836 the vast territory lying between Louisi- ana and Mexico had been a province of the latter country. It had been the policy of Spain and Mexico to keep Texas uninhab- ited, in order that the vigorous race of Americans might not en- croach on the Mexican borders. At last, however, a large land grant was made to Moses Austin, of Connecticut, on condition that he would settle 300 American families within the limits of his domain. Afterward the grant was confirmed to his son Ste- phen, with the privilege of establishing 500 additional families of immigrants. Thus the foundation of Texas was laid by people of the English race.
Owing to the oppressive policy adopted by Mexico, the Tex- ans, in 1835, raised the standard of rebellion. Many adventur- ers and some heroes from the United States flocked to their aid. In the first battle fought at Gonzales, 1,000 Mexicans were de- feated by a Texan force numbering 500. On March 6, 1836, a Texan fort, called the Alamo, was surrounded by a Mexican army, commanded by Pres. Santa Anna. The feeble garrison was overpowered and massacred under circumstances of great atroc- ity. David Crocket, an ex-congressman of Tennessee, and a famous hunter, was one of the victims of the butchery. In the next month was fought the decisive battle of San Jacinto, which gave to Texas her freedom. The independence of the new State was acknowledged by the United States, Great Britain and France.
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HISTORY OF MISSOURI.
On the 1st of March, 1844, Texas, was admitted into the Amer- ican Union as a sovereign State, and on the 4th of July, 1845, the Texan Legislature ratified the act of annexation. Knowing the warlike attitude of Mexico, the authorities of Texas sent an immediate and urgent request to the President to dispatch an army for their protection. Accordingly, Gen. Zachary Taylor was ordered to occupy Texas. The real issue between that State and Mexico was concerning boundaries. Texas claimed the Rio Grande as her Western limit, while Mexico was determined to have the Nueces as the separating line. The territory between the two rivers was in dispute. Having made an unsuccessful at- tempt to settle the difficulty by negotiation, the American Gov- ernment sent Gen. Taylor to Corpus Christi, at the mouth of the Nueces, where, by the beginning of November, 1845, he had concentrated a force of 4,000 or 5,000 men. In the following January Gen. Taylor was ordered to advance to the Rio Grande. He took his station opposite Matamoras and hastily erected a fortress, afterward named Fort Brown.
In April, 1846, Mexico declared war against the United States, and this was promptly followed by a counter declaration, on the part of the American Congress, against Mexico. Soon after this exchange of challenges, the Mexicans crossed the Rio Grande in strong force, headed by their famous generals, Arista and Ampudia, and, on the 8th and 9th of May, at Palo Alto and Resaca de la Palma, were met and repulsed with great slaughter by Gen. Taylor.
When the news of the battles on the Rio Grande was borne through the Union, the national spirit was everywhere aroused, and party dissensions were hushed into silence. A call was made for 50,000 volunteers, and Missouri was not backward among her sister States in responding to the appeal. The St. Louis Legion, a military organization under command of Col. A. R. Easton, quickly prepared for the field of action. Supplies were raised for them by liberal subscriptions on the part of the citizens, and in a few days they departed for the seat of war. The American forces were organized in three divisions: the Army of the West, under Gen. Kearney, to cross the Rocky Mountains and conquer the northern Mexican provinces ; the Army
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of the Center, under Gen. Scott as commander-in-chief, to march from the Gulf coast into the heart of the enemy's country ; and the Army of Occupation, commanded by Gen. Taylor, to subdue and hold the districts on the Rio Grande. About the middle of May, 1846, Gov. Edwards, of Missouri, called for mounted volunteers to join the first of these divisions, which was about to undertake an expedition to Santa Fe. By the 18th of June the full com- plement of companies to compose the First Regiment had ar- rived at Fort Leavenworth, the appointed rendezvous. These volunteers were from the counties of Jackson, Lafayette, Clay, Saline, Franklin, Cole, Howard and Callaway. Alexander W. Doniphan, of Clay, was elected colonel; C. F. Ruff, lieutenant- colonel, and William Gilpin, major. The battalion of light ar- tillery, from St. Louis, was commanded by Capts. R. H. Weight- man and A. W. Fischer, with Maj. M. L. Clark as its field officer. Battalions of infantry from Platte and Cole Counties were com- manded by Capts. Murphy and W. Z. Augney, respectively. The Laclede Rangers, from St. Louis, were led by Capt. Thomas B. Henderson.
In all, Gen. Kearney had 1,658 men and sixteen pieces of ordnance. After a long and wearisome march he reached Santa Fe, and on the 18th of August captured and garrisoned the city. The whole of New Mexico submitted without resistance. With a body of 400 dragoons Kearney then continued his march toward the Pacific coast, leaving Col. Doniphan in command of New Mexico.
With a body of 700 fearless men, this latter officer made one of the most brilliant movements of the war. He undertook a march through the enemy's country, from Santa Fe to Saltillo, a distance of more than 800 miles. Reaching the Rio Grande on Christmas day, he fought and gained the battle of Bracito; then crossing the river, captured El Paso, and in two months pressed his way to within twenty miles of Chihuahua. On the banks of Sacramento Creek he met the Mexicans in overwhelming numbers, and on the 28th of February completely routed them. He then marched unopposed into Chihuahua, a city of more than 40,000 inhab- itants, and finally reached the division of Gen. Wool in safety.
Early in the summer of 1846, Hon. Sterling Price, a member
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of Congress from Missouri, resigned, and was appointed by Presi- dent Polk to command another regiment of Missouri volunteers to reinforce the Army of the West. This force consisted of a full mounted regiment, one mounted extra battalion, and one extra battalion of Mormon infantry. These troops were raised in the Counties of Boone, Benton, Carroll, Chariton, Linn, Liv- ingston, Monroe, Randolph, Ste. Genevieve and St. Louis, with Lieut .- Col. David Willock's extra battalion from Marion, Ray and Platte.
Col. Price's command took up the line of march for Santa Fe, over the same route pursued by Doniphan and Kearney, and ar- rived on September 28, three days after Kearney's departure for California.
In the winter of 1847 an insurrection against the American authority broke out in New Mexico, and on the 24th of January Col. Price met the enemy, numbering about 2,000 men, at Canada, and repulsed them with a slight loss on both sides. He totally routed them at El Embudo, on January 29. On February 3 he found the Mexicans and Indians strongly fortified at Taos, and engaged them on the following day with shot and shell. The battle raged all day, and at night the Mexicans surrendered. Price's loss in these three engagements was but fifteen killed and forty- seven wounded. Afterward, by order of Gen. Price, twenty-one of the Mexican leaders were hung.
In August, 1847, Gov. Edwards made another requisition for 1,000 infantry to follow Col. Price's command. The regiment was organized immediately, and Maj. John Dougherty, of Clay County, was chosen colonel, but before it marched the President countermanded the order under which it was raised.
Another regiment of mounted volunteers (the Third Missouri Regiment) was formed to serve during the Mexican War. It was commanded by Col. John Ralls, of Ralls County, and was mustered into service about May, 1847. A portion of this regi- ment went as far as El Paso, Chihuahua and Santa Cruz De Rosales, and at the latter place participated in a battle against the Mexicans under Gen. Trias. The enemy were in the town and sheltered by breastworks, but after fighting all day were obliged to surrender with their arms, ammunition, wagons and teams. The Americans were commanded by Gen. Sterling Price.
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HISTORY OF MISSOURI.
The war was now drawing to a close. Everywhere the arms of the United States had been victorious, and on February 2, 1848, a treaty was concluded between the two belligerent nations. By the terms of settlement the boundary line between Mexico and the United States was fixed as follows: The Rio Grande from its mouth to the southern limit of New Mexico; thence westward along the southern, and northward along the western boundary of that Territory to the river Gila; thence down that river to the Colorado; thence westward to the Pacific. The whole of New Mexico and Upper California was relinquished to the United States. Mexico guaranteed the free navigation of the Gulf of California, and the Colorado River from its mouth to the confluence of the Gila. In consideration of these territorial acquisitions and privileges, the United States agreed to surren- der all places held by military occupation in Mexico; to pay into the treasury of that country $15,000,000, and to assume all debts due from the Mexican Government to American citizens, said debts not to exceed $3,500,000. Thus, at last, was the territory of the United States spread out in one broad belt from ocean to ocean.
THE GREAT FIRE AT ST. LOUIS.
In May, 1849, occurred the great fire at St. Louis; a brief ac- count of it from Switzler's History of Missouri is here copied:
"On the evening of the 19th of that month a fire broke out on the steamer 'White Cloud,' lying at the wharf between Vine and Cherry Streets, and set at defiance every effort to arrest its prog- ress. The flames very soon communicated to four other boats lying contiguous. By the action of the fire, the 'White Cloud' became loosened from her fastenings, and drifted out into the stream and among the other steamers in port. In a short time the spectacle of twenty-three boats on fire presented itself. The immense conflagration was a mile in length. The levee being covered with combustible materials, bales, barrels, boxes, etc., the fire reached the city and whole blocks were swept away. The area of the burnt district will be understood by the statement that Front Street, from Locust to Market, was entirely destroyed, with the exception of two or three houses on Commercial Street. Between Commercial and the levee, there was not one left. In
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this immense conflagration there were twenty-three steamboats, three barges and one canal boat destroyed, whose total value with their cargoes was estimated at $439,000. The whole value of property destroyed amounted to over $3,000,000."
THE JACKSON RESOLUTIONS.
The sixteenth General Assembly of the State of Missouri, which convened at Jefferson City, December 25, 1848, will ever be remembered on account of its passage of the famous "Jackson Resolutions." The occasion of these was a bill called the "Wil- mot-Anti-Slavery Proviso," which had been introduced into the preceding Congress by Hon. David Wilmot of Pennsylvania, prohibiting the extension of slavery into the recently acquired Territories. Slave holders throughout the Southern States were exceedingly agitated over this measure, seeing that it must effect- ually put an end to the formation of new pro-slavery States, thus giving the majority of members in Congress to the anti-slavery party, and insuring the final triumph of the Free Soilers. As a result of the excitement in Missouri, Carty Wells, a Democratic State senator from Lincoln County, introduced into the Upper House of the Legislature a series of resolutions on various sub- jects suggested by the Wilmot Proviso, which was referred to the Senate Committee on Federal Relations. On January 15, 1849, Claiborne F. Jackson, senator from Howard County, re- ported from this committee to the Senate the following modifica- tion of Mr. Wells' resolutions:
Resolved, by the General Assembly of the State of Missouri, That the Federal constitution was the result of a compromise between the conflicting interests of the State which formed it, and in no part of that instrument is to be found any € delegation of power to Congress to legislate on the subject of slavery, excepting some special provisions, having in view the prospective abolition of the African slave trade, made for the securing the recovery of fugitive slaves; any attempt, therefore, on the part of Congress to legislate on the subject, so as to affect the institution of slavery in the States, in the District of Columbia, or in the Terri- tories, is, to say the least, a violation of the principles upon which that instru- ment was founded.
2. That the Territories acquired by the blood and treasure of the whole nation ought to be governed for the common benefit of the people of all the States, and any organization of the Territorial Governments, excluding the citizens of any part of the Union from removing to such Territories with their property, would be an exercise of power, by Congress, inconsistent with the spirit upon which our Federal compact was based, insulting to the sovereignty
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and dignity of the States thus affected, calculated to alienate one portion of the Union from another, and tending ultimately to disunion.
3. That the General Assembly regard the conduct of the Northern States on the subject of Slavery as releasing the slave-holding States from all further adherence to the basis of compromise fixed on by the act of Congress of March 6, 1820, even if such act ever did impose any obligation upon the slave-holding States, and authorizes them to insist upon their rights under the constitution; but for the sake of harmony, and for the preservation of our Federal Union, they will sanction the application of the principles of the Missouri Compromise to the recent territorial acquisitions, if by such concession future aggressions upon the equal rights of the States may be arrested and the spirit of anti-slavery fanaticism be extinguished.
4. The right to prohibit slavery in any Territory belongs exclusively to the people thereof, and can only be exercised by them in forming their consti- tution for a State government, or in their sovereign capacity as an independent State.
5. That in the event of the passage of any act of Congress conflicting with the principles herein expressed, Missouri will be found in hearty co-operation with the slave-holding States, in such measures as may be deemed necessary for our mutual protection against the encroachments of Northern fanaticism.
6. That our senators in Congress be instructed and our representatives be requested to act in conformity to the foregoing resolutions.
The resolutions were written by Hon. William B. Napton, afterward one of the judges of the supreme court.
The scope of this work forbids a detailed account of the dis- cussion which followed the introduction of these resolutions into the General Assembly, as well as the names of the many distin- guished men who took opposing sides upon the question of their adoption. The Jackson resolutions were finally adopted after much opposition, particularly in the Lower House, where a strong but unsuccessful attempt was made to modify them.
Perhaps the chief object in the introduction and passage of the resolutions was the retirement of Senator Thomas H. Benton. His course in and out of the Senate had become obnoxious to many of the Democratic politicians of the State, who determined to get rid of him. They knew he would not obey the instruc- tions contained in the resolutions, and this would furnish an excuse for a refusal to return him for another term. There was much excitement throughout the State, and the feeling was still farther intensified by the course of Senator Benton, who appealed from the Legislature to the people, and prosecuted a canvass against the resolutions, denouncing them in powerful and pas- sionate speeches, as tending to the dismemberment of the Union.
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He declared them to be in direct contradiction to the Missouri Compromise, upon which depended the safety and harmony of the nation.
That Col. Benton was right in his position, although, perhaps, intemperate in its defense, is perfectly apparent in the light of subsequent events; but his crusade against the " Jackson Reso- lutions" resulted in his defeat at the next election, when, after thirty years of loyal service toward his State and Nation, he was succeeded in 1851 by the Whig candidate, Henry S. Geyer, an eminent lawyer of St. Louis, who was chosen by Democratic votes.
ORGANIZATION OF KANSAS AND NEBRASKA.
Missouri was admitted as a slave State in 1820, only upon the terms of the Missouri Compromise, which forever prohibited involuntary servitude in territory north of 36° 30', now consti- tuting Kansas, Iowa, Nebraska, Colorado, Dakota, Wyoming, Montana, Idaho and a portion of Minnesota. And now this great domain was to be organized into territorial governments. Al- ready into these vast regions the tide of immigration was pour- ing, and it became necessary to provide for the future. In December, 1852, Hon. Willard P. Hall, of Missouri, introduced a bill into the United States House of Representatives, to organ- ize the Territory of Platte, which was designed to embrace the country above mentioned. Having been referred to the Com- mittee on Territories, that committee, in February, 1853, reported a bill to establish a territorial government in the Territory of Nebraska. As this bill did not contemplate a repeal of the Mis- souri Compromise, it was opposed in the House by all the South- ern delegations. The only senators from the South who voted for it were David R. Atchison and Henry S. Geyer, of Missouri. On January 16, 1854, when the subject again came before the Senate, Senator Dixon, of Kentucky, gave notice that whenever the Nebraska bill should be called up, he would move an amend- ment to the effect that the Missouri Compromise, drawing the line of 36° 30' north latitude, and forever prohibiting slav- ery or involuntary servitude north of said line, should not be so construed as to apply to the Territory contemplated by the act, or to any other Territory of the United States; but that the citi-
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zens of the several States or Territories should be at liberty to take and hold their slaves within any of the Territories or States to be founded therefrom. That is to say, in plain language, that the Missouri Compromise should be made null and void. The announcement of this amendment in Congress was immediately followed by the most intense excitement throughout the country, Indeed, the introduction, in 1848, of the Wilmot Proviso, did not rouse the people in a greater degree.
On January 23, 1854, Senator Stephen A. Douglas, of Illinois, reported from the Committee on Territories a bill which pro- vided for the organization of the region of country embraced by Mr. Hall's bill, known as the Platte country, from the Platte River, which flows through it into two Territories, namely, Kansas and Nebraska. As Senator Douglas' bill must always be an im- portant document in history, we transcribe some part of it.
* * * * * *
SEC. 21. And be it further enacted, That, in order to avoid misconstruction, it is hereby declared to be the true intent and meaning of this act, so far as the question of slavery is concerned, to carry into practical operation the following propositions and principles, established by the compromise measures of 1850, to wit :
First. That all questions pertaining to slavery in the Territories, and in the new States to be formed therefrom, are to be left to the decision of the people residing therein, through their appropriate representatives.
Second. That all cases involving title to slaves and questions of personal free- dom, are referred to the adjudication of the local tribunals, with the right of appeal to the Supreme Court of the United States.
Third. That the provisions of the constitutionjand laws of the United States, in respect to fugitives from service, are to be carried into faithful execution in all the organized Territories, the same as in the States.
The section of the bill which prescribed the qualifications and mode of election of a delegate to Congress from each of the Territories was as follows:
SEC. 2. And be it futher enacted, *
* * That the constitution and laws of the United States, which are not locally applicable, shall have the same force and effect within the said Territory of Kansas as else- where within the United States, except the eight sections of the act preparatory to the admission of Missouri into the Union, approved March 6, 1820, which was superseded by the principles of the legislation of 1850, commonly called the compromise measures, and is declared inoperative.
The debate which ensued upon the introduction of this bill, known as the " Kansas-Nebraska Bill," was conducted with great ability, and lasted several weeks. On February 6 Hon. S.
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HISTORY OF MISSOURI.
P. Chase, a senator from Ohio, who was afterward Secretary of the Treasury under Lincoln's administration, and finally chief justice of the United States, moved to strike out so much of the bill as declared the Missouri Compromise " superseded " by the compromise of 1850, but the motion was defeated. On February 15 Mr. Douglas moved to strike out the clause objected to by Mr. Chase, and insert the following:
" Which being inconsistent with the principle of non-interven- tion by Congress with slavery in the States and Territories, as recognized by the legislation of 1850 (commonly called the com- promise measures) is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Territory or State nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the constitution of the United States."
This amendment embodied what was afterward known as the doctrine of " squatter sovereignty." It was at once adopted by the Senate; but Mr. Chase and others, not having full confidence that it was not the true intent and meaning of the act " to legislate slavery into any Territory or State," moved to add, after the words " United States," the following :
" Under which the people of the Territories, through their appropriate representatives, may, if they see fit, prohibit the existence of slavery therein."
Mr. Chase's amendment was voted down. From January until May, Mr. Douglas' report was debated in Congress. By the Kansas-Nebraska bill the Missouri Compromise was virtually repealed, and the old settlement of the slavery question over- thrown at a single blow. All the bitter sectional animosities of the past were aroused in full force. The bill was violently opposed by a majority of the representatives from the East and North; but the minority, uniting with the congressmen of the South, enabled Douglas to carry his measure through Congress, and in May, 1854, the bill received the sanction of the President.
Kansas itself now became a battlefield for the contending parties; whether the new State should admit slavery or not depended upon the vote of the people. Both factions made a
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rush for the Territory in order to secure a majority. The people of Missouri were especially interested in the situation. Appre- hensive that Kansas would become a free State, and that Mis- souri would in the future occupy the position of a slave-holding peninsula, jutting out into a sea of free soil, with Illinois and Iowa at the east and north, and Kansas and Nebraska on the west, many of her citizens, especially on the Kansas border, became seriously alarmed for the safety of their slaves, and in the excitement of the conflict were induced without authority of law to cross over into Kansas, and, carrying ballots in one hand and arms in the other, to coerce the new State into the Union with a pro-slavery constitution.
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