History of Caldwell and Livingston counties, Missouri, written and compiled from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri; a reliable and detailed history of Caldwell and Livingston counties--their pioneer record, resources, biographical sketches of prominent citizens; general and local statistics of great value; incidents and reminiscences, Part 4

Author: Pease, Ora Merle Hawk, 1890-
Publication date: 1886
Publisher: St. Louis, National Historical Company
Number of Pages: 1260

USA > Missouri > Livingston County > History of Caldwell and Livingston counties, Missouri, written and compiled from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri; a reliable and detailed history of Caldwell and Livingston counties--their pioneer record, resources, biographical sketches of prominent citizens; general and local statistics of great value; incidents and reminiscences > Part 4
USA > Missouri > Caldwell County > History of Caldwell and Livingston counties, Missouri, written and compiled from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri; a reliable and detailed history of Caldwell and Livingston counties--their pioneer record, resources, biographical sketches of prominent citizens; general and local statistics of great value; incidents and reminiscences > Part 4

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

HISTORY OF MISSOURI.

from the commandant under the Spanish Government. Norfolk and Charleston, in the same county, were settled respectively in 1800 and 1801. Warren county was settled in 1801. Loutre Island, below the present town of Hermann, in the Missouri River, was settled by a few American families in 1807. This little company of pioneers suf- fered greatly from the floods, as well as from the incursions of thieving and blood-thirsty Indians, and many incidents of a thrilling character could be related of trials and struggles, had we the time and space.

In 1807, Nathan and Daniel M. Boone, sons of the great hunter and pioneer, in company with three others, went from St. Louis to " Boone's Lick," in Howard county, where they.manufactured salt and formed the nucleus of a small settlement.

Cote Sans Dessein, now called Bakersville, on the Missouri River, in Callaway county, was settled by the French in 1801. This little town was considered at that time, as the " Far West" of the new world. During the war of 1812, at this place many hard-fought battles occurred between the whites and Indians, wherein woman's fortitude and courage greatly assisted in the defence of the settle- ment.

In 1810, a colony of Kentuckians numbering one hundred and fifty families immigrated to Howard county, and settled on the Missouri River in Cooper's Bottom near the present town of Franklin, and opposite Arrow Rock.

Such, in brief, is the history of some of the early settlements of Missouri, covering a period of more than half a century.

These settlements were made on the water courses ; usually along the banks of the two great streams, whose navigation afforded them transportation for their marketable commodities, and communication with the civilized portion of the country.

They not only encountered the gloomy forests, settling as they did by the river's brink, but the hostile incursion of savage Indians, by whom they were for many years surrounded.

The expedients of these brave men who first broke ground in the territory, have been succeeded by the permanent and tasteful improve- ments of their descendants. Upon the spots where they toiled, dared and died, are seen the comfortable farm, the beautiful village, and thrifty city. Churches and school houses greet the eye on every hand ; railroads diverge in every direction, and, indeed, all the appli- ances of a higher civilization are profusely strewn over the smiling surface of the State.

HISTORY OF MISSOURI.

Culture's hand Has scattered verdure o'er the land; And smiles and fragrance rule serene, Where barren wild usurped the scene.

SOME FIRST THINGS.

The first marriage that took place in Missouri was April 20, 1766, in St. Louis.

The first baptism was performed in May, 1766, in St. Louis.

The first house of worship, (Catholic) was erected in 1775, at St. Louis.

The first ferry established in 1805, on the Mississippi River, at St. Louis.

The first newspaper established in St. Louis ( Missouri Gazette), in 1808.

The first postoffice was established in 1804, in St. Louis - Rufus Easton, post-master.

The first Protestant church erected at Ste. Genevieve, in 1806 - Baptist.

The first bank established (Bank of St. Louis), in 1814.

The first market house opened in 1811, in St. Louis.

The first steamboat on the Upper Mississippi was the General Pike, Capt. Jacob Reid ; landed at St. Louis 1817.

The first board of trustees for public schools appointed in 1817, St. Louis.

The first college built (St. Louis College), in 1817.

The first steamboat that came up the Missouri River as high as Franklin was the Independence, in May, 1819; Capt. Nelson, mas- ter.

The first court house erected in 1823, in St. Louis.

The first cholera appeared in St. Louis in 1832.

The first railroad convention held in St. Louis, April 20, 1836.

The first telegraph lines reached East St. Louis, December 20, 1847.

The first great tire occurred in St. Louis, 1849.

HISTORY OF MISSOURI.

CHAPTER V.

TERRITORIAL ORGANIZATION.

Organization 1812- Council- House of Representatives - William Clark first Terri- torial Governor- Edward Hempstead first Delegate- Spanish Grants - First General Assembly - Proceedings -Second Assembly - Proceedings - Population of Territory - Vote of Territory -Rufus Easton - Absent Members - Third Assem- bly - Proceedings - Application for Admission.

Congress organized Missouri as a Territory, July 4, 1812, with a Governor and General Assembly. The Governor, Legislative Coun- cil, and House of Representatives exercised the Legislative power of the Territory, the Governor's vetoing power being absolute.

The Legislative Council was composed of nine members, whose ten- ure of office lasted five years. Eighteen citizens were nominated by the House of Representatives to the President of the United States, from whom he selected, with the approval of the Senate, nine Coun- cillors, to compose the Legislative Council.

The House of Representatives consisted of members chosen every two years by the people, the basis of representation being one mem- ber for every five hundred white males. The first House of Repre- sentatives consisted of thirteen members, and, by Act of Congress, the whole number of Representatives could not exceed twenty-five.

The judicial power of the Territory, was vested in the Superior and Inferior Courts, and in the Justices of the Peace ; the Superior Court having three judges, whose term of office continued four years, hav- ing original and appellate jurisdiction in civil and criminal cases.

The Territory could send one delegate to Congress. Governor Clark issued a proclamation, October 1st, 1812, required by Congress, reorganizing the districts of St. Charles, St. Louis, Ste. Genevieve, Cape Girardeau, and New Madrid, into five counties, and fixed the second Monday in November following, for the election of a delegate to Congress, and the members of the Territorial House of Represen- tatives.

William Clark, of the expedition of Lewis and Clark, was the first Territorial Governor, appointed by the President, who began his duties 1813.

Edward Hempstead, Rufus Easton, Samuel Hammond, and Matthew Lyon were candidates in November for delegates to Congress.

HISTORY OF MISSOURI.

Edward Hempstead was elected, being the first Territorial Dele- gate to Congress from Missouri. He served one term, declining a second, and was instrumental in having Congress to pass the act of June 13, 1812, which he introduced, confirming the title to lands which were claimed by the people by virtue of Spanish grants. The same act confirmed to the people " for the support of schools," the title to village lots, out-lots or common field lots, which were held and enjoyed by them, at the time of the session in 1803.

Under the act of June 4, 1812, the first General Assembly held its session in the house of Joseph Robidoux, in St. Louis, on the 7th of December, 1812. The names of the members of the House were : -

St. Charles. - John Pitman and Robert Spencer.

St. Louis. - David Music, Bernard G. Farrar, William C. Carr, and Richard Clark.

Ste. Genevieve. - George Bullet, Richard S. Thomas, and Isaac McGready.

Cape Girardeau. - George F. Bollinger, and Spencer Byrd.

New Madrid. - John Shrader and Samuel Phillips.

John B. C. Lucas, one of the Territorial Judges, administered the oath of office. William C. Carr was elected speaker, and Andrew Scott, Clerk.

The House of Representatives proceeded to nominate eighteen per- sons from whom the President of the United States, with the Senate, was to select nine for the Council. From this number the President chose the following :

St. Charles. - James Flaugherty and Benjamin Emmons.

St. Louis. - Auguste Chouteau, Sr., and Samuel Hammond.

Ste. Genevieve. - John Scott and James Maxwell.

Cape Girardeau. - William Neeley and Joseph Cavenor.

New Madrid. - Joseph Hunter.

The Legislative Council, thus chosen by the President and Senate, was announced by Frederick Bates, Secretary and Acting-Governor of the Territory, by proclamation, June 3, 1813, and fixing the first Monday in July following, as the time for the meeting of the Legis- lature.

In the meantime the duties of the executive office were assumed by William Clark. The Legislature accordingly met, as required by the Acting-Governor's proclamation, in July, but its proceedings were never officially published. Consequently but little is known in refer- ence to the workings of the first Territorial Legislature in Missouri.

HISTORY OF MISSOURI.

From the imperfect account, published in the Missouri Gazette, of that day ; a paper which had been in existence since 1808, it is found that laws were passed regulating and establishing weights and meas- ures ; creating the office of Sheriff; providing the manner for taking the census ; permanently fixing the seats of Justices, and an act to compensate its own members. At this session, laws were also passed defining crimes and penalties ; laws in reference to forcible entry and detainer ; establishing Courts of Common Pleas ; incorporating the Bank of St. Louis ; and organizing a part of Ste. Genevieve county into the county of Washington.

The next session of the Legislature convened in St. Louis, Decem- ber 6, 1813. George Bullet of Ste. Genevieve county, was speaker elect, and Andrew Scott, clerk, and William Sullivan, doorkeeper. Since the adjournment of the former Legislature, several vacancies had occurred, and new members had been elected to fill their places. Among these was Israel McCready, from the county of Washington.

The president of the legislative council was Samuel Hammond. No journal of the council was officially published, but the proceedings of the house are found in the Gazette.

At this session of the Legislature many wise and useful laws were passed, having reference to the temporal as well as the moral and spiritual welfare of the people. Laws were enacted for the suppres- sion of vice and immorality on the Sabbath day ; for the improve- ment of public roads and highways ; creating the offices of auditor, treasurer and county surveyor ; regulating the fiscal affairs of the Territory and fixing the boundary lines of New Madrid, Cape Girar- deau, Washington and St. Charles counties. The Legislature ad- journed on the 19th of January, 1814, sine die.

The population of the Territory as shown by the United States census in 1810, was 20,845. The census taken by the Legislature in 1814 gave the Territory a population of 25,000. This enumeration shows the county of St. Louis contained the greatest number of in- habitants, aud the new county of Arkansas the least - the latter hav- ing 827, and the former 3,149. .

The candidates for delegate to Congress were Rufus Easton, Samuel Hammond, Alexander McNair and Thomas F. Riddick. Rufus Easton and Samuel Hammond had been candidates at the preceding election. In all the counties, excepting Arkansas, the votes aggre- gated 2,599, of which number Mr. Easton received 965, Mr. Ham-

HISTORY OF MISSOURI.

mond 746, Mr. McNair 853, and Mr. Riddick (who had withdrawn previously to the election ) 35. Mr. Easton was elected.

The census of 1814 showing a large increase in the population of the Territory, an appointment was made increasing the number of Representatives in the Territorial Legislature to twenty-two. The General Assembly began its session in St. Louis, December 5, 1814. There were present on the first day twenty Representatives. James Caldwell of Ste. Genevieve county was elected speaker, and Andrew Scott who had been clerk of the preceding assembly, was chosen clerk. The President of the Council was William Neeley, of Cape Girardeau county.

It appeared that James Maxwell, the absent member of the Council, and Seth Emmons, member elect of the House of Representatives, were dead. The county of Lawrence was organized at this session, from the western part of New Madrid county, and the corporate powers of St. Louis were enlarged. In 1815 the Territorial Legisla- ture again began its session. Only a partial report of its proceedings are given in the Gazette. The county of Howard was then organized from St. Louis and St. Charles counties, and included all that part of the State lying north of the Osage and south of the dividing ridge between the Mississippi and Missouri Rivers. (For precise bounda- ries, see Chapter I. of the History of Boone County. )

The next session of the Territorial Legislature commenced its ses- sion in December, 1816. During the sitting of this Legislature many important acts were passed. It was then that the " Bank of Mis- souri " was chartered and wentinto operation. In the fall of 1817 the " Bank of St. Louis " and the "Bank of Missouri " were issuing bills. An act was passed chartering lottery companies, chartering the academy at Potosi, and incorporating a board of trustees for superintending the schools in the town of St. Louis. Laws were also passed to encourage the " killing of wolves, panthers and wild-cats."

The Territorial Legislature met again in December, 1818, and, among other things, organized the counties of Pike, Cooper, Jeffer- son, Franklin, Wayne, Lincoln, Madison, Montgomery, and three counties in the Southern part of Arkansas. In 1819 the Territory of Arkansas was formed into a separate government of its own.

The people of the Territory of Missouri had been, for some time, anxious that their Territory should assume the duties and responsibilities of a sovereign State. Since 1812, the date of the organization of the Territory, the population had rapidly increased, many counties had

HISTORY OF MISSOURI.

been established, its commerce had grown into importance, its agri- cultural and mineral resources were being developed, and believing that its admission into the Union as a State would give fresh impetus to all these interests, and hasten its settlement, the Territorial Legis- lature of 1818-19 accordingly made application to Congress for the passage of an act authorizing the people of Missouri to organize a State government.

CHAPTER VI.

Application of Missouri to be admitted into the Union - Agitation of the Slavery Question - " Missouri Compromise " - Constitutional Convention of 1820 - Con- stitution presented to Congress - Further Resistance to Admission - Mr. Clay and his Committee make Report - Second Compromise - Missouri Admitted.

With the application of the Territorial Legislature of Missouri for her admission into the Union, commenced the real agitation of the slavery question in the United States.

Not only was our National Legislature the theater of angry discus- sions, but everywhere throughout the length and breadth of the Re- public the " Missouri Question " was the all-absorbing theme. The political skies threatened,

" In forked flashes, a commanding tempest,"

Which was liable to burst upon the nation at any moment. Through such a crisis our country seemed destined to pass. The question as to the admission of Missouri was to be the beginning of this crisis, which distracted the public counsels of the nation for more than forty years afterward.

Missouri asked to be admitted into the great family of States. " Lower Louisiana," her twin sister Territory, had knocked at the door of the Union eight years previously, and was admitted as stipu- lated by Napoleon, to all the rights, privileges and immunities of a State, and in accordance with the stipulations of the same treaty, Missouri now sought to be clothed with the same rights, privileges and immunities.

As what is known in the history of the United States as the " Mis- souri Compromise," of 1820, takes rank among the most prominent

HISTORY OF MISSOURI.

measures that had up to that day engaged the attention of our National Legislature, we shall enter somewhat into its details, being connected as they are with the annals of the State.

February 15th, 1819. - After the House had resolved itself into a Committee of the Whole on the bill to authorize the admission of Mis- souri into the Union, and after the question of her admission had been discussed for some time, Mr. Tallmadge, of New York, moved to amend the bill, by adding to it the following proviso : -

" And Provided, That the further introduction of slavery or involun- tary servitude be prohibited, except for the punishment of crime, whereof the party shall have been duly convicted, and that all chil- dren born within the said State, after the admission thereof into the Union, shall be free at the age of twenty-five years."

As might have been expected, this proviso precipitated the angry discussions which lasted nearly three years, finally culminating in the Missouri Compromise. All phases of the slavery question were pre- sented, not in its moral and social aspects, but as a great constitu- tional question, affecting Missouri and the admission of future States. The proviso, when submitted to a vote, was adopted - 79 to 67, and so reported to the House.

Hon. John Scott, who was at that time a delegate from the Terri- tory of Missouri, was not permitted to vote, but as such delegate he had the privilege of participating in the debates which followed. On the 16th day of February the proviso was taken up and discussed. After several speeches had been made, among them one by Mr. Scott and one by the author of the proviso, Mr. Tallmadge, the amendment, or proviso, was divided into two parts, and voted upon. The first part of it, which included all to the word " convicted," was adopted - 87 to 76. The remaining part was then voted upon, and also adopted, by 82 to 78. By a vote of 97 to 56 the bill was ordered to be engrossed for a third reading.

The Senate Committee, to whom the bill was referred, reported the same to the Senate on the 19th of February, when that body voted first upon a motion to strike out of the proviso all after the word " convicted," which was carried by a vote of 32 to 7. It then voted to strike out the first entire clause, which prevailed -22 to 16, thereby defeating the proviso.

The House declined to concur in the action of the Senate, and the bill was again returned to that body, which in turn refused to recede from its position. The bill was lost and Congress adjourned. This

HISTORY OF MISSOURI.

was most unfortunate for the country. The people having already been wrought up to fever heat over the agitation of the question in the National Councils, now became intensely excited. The press added fuel to the flame, and the progress of events seemed rapidly tending to the downfall of our nationality.

A long interval of nine months was to ensue before the meeting of Congress. The body indicated by its vote upon the " Missouri Ques- tion," that the two great sections of the country were politically divided upon the subject of slavery. The restrictive clause, which it was sought to impose upon Missouri as a condition of her admission, would in all probability, be one of the conditions of the admission of the Territory of Arkansas. The public mind was in a state of great doubt and uncertainty up to the meeting of Congress, which took place on the 6th of December, 1819. The memorial of the Legisla- tive Council and House of Representatives of the Missouri Territory, praying for admission into the Union, was presented to the Senate by Mr. Smith, of South Carolina. It was referred to the Judiciary Committee.

Some three weeks having passed without any action thereon by the Senate, the bill was taken up and discussed by the House until the 19th of February, when the bill from the Senate for the admission of Maine was considered. The bill for the admission of Maine included the " Missouri Question," by an amendment which read as follows :

"And be it further enacted, That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes, north latitude (except- ing such part thereof as is) included within the limits of the State, contemplated by this act, slavery and involuntary servitude, other- wise than in the punishment of crimes, whereof the party shall have been convicted, shall be and is hereby forever prohibited ; Provided, always, That any person escaping into the same from whom labor or service is lawfully claimed, in any State or Territory of the United States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or services as aforesaid."

The Senate adopted this amendment, which formed the basis of the " Missouri Compromise," modified afterward by striking out the words, " excepting only such part thereof."

The bill passed the Senate by a vote of 24 to 20. On the 2d day of March the House took up the bill and amendments for consideration, and by a vote of 134 to 42 concurred in the Senate amendment, and

HISTORY OF MISSOURI.

the bill being passed by the two Houses, constituted section 8, of "An Act to authorize the people of the Missouri Territory to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, and to prohibit slavery in certain territory."

This act was approved March 6, 1820. Missouri then contained fif- teen organized counties. By act of Congress the people of said State were authorized to hold an election on the first Monday, and two suc- ceeding days thereafter in May, 1820, to select representatives to a State convention. This convention met in St. Louis on the 12th of June, following the election in May, and concluded its labors on the 19th of July, 1820. David Barton was its President, and Wm. G. Pettis, Secretary. There were forty-one members of this convention, men of ability and statesmanship, as the admirable constitution which they framed amply testifies. Their names and the counties repre- sented by them are as follows : -

Cape Girardeau. - Stephen Byrd, James Evans, Richard S. Thomas, Alexander Buckner and Joseph McFerron.

Cooper. - Robert P. Clark, Robert Wallace, Wm. Lillard.

Franklin. - John G. Heath.

Howard. - Nicholas S. Burkhart, Duff Green, John Ray, Jonathan S. Findley, Benj. H. Reeves.

Jefferson. - Daniel Hammond.

Lincoln. - Malcom Henry.

Montgomery. - Jonathan Ramsey, James Talbott.

Madison. - Nathaniel Cook.

New Madrid. - Robert S. Dawson, Christopher G. Houts.

Pike. - Stephen Cleaver.

St. Charles. - Benjamin Emmons, Nathan Boone, Hiram H. Baber. Ste. Genevieve. - John D. Cook, Henry Dodge, John Scott, R. T. Brown.

St. Louis. - David Barton, Edward Bates, Alexander McNair, Wm. Rector, John C. Sullivan, Pierre Chouteau, Jr., Bernard Pratte, Thomas F. Riddick.

Washington. - John Rice Jones, Samuel Perry, John Hutchings. Wayne. - Elijah Bettis.

On the 13th of November, 1820, Congress met again, and on the sixth of the same month Mr. Scott, the delegate from Missouri, pre- sented to the House the Constitution as framed by the convention.

HISTORY OF MISSOURI.

The same was referred to a select committee, who made thereon a favorable report.

The admission of the State, however, was resisted, because it was claimed that its constitution sanctioned slavery, and authorized the Legislature to pass laws preventing free negroes and mulattoes from settling in the State. The report of the committee to whom was referred the Constitution of Missouri was accompanied by a preamble and resolutions, offered by Mr. Lowndes, of South Carolina. The preamble and resolutions were stricken out.

The application of the State for admission shared the same fate in the Senate. The question was referred to a select committee, who, on the 29th of November, reported in favor of admitting the State. The debate, which followed, continued for two weeks, and finally Mr. Eaton, of Tennessee, offered an amendment to the resolution as fol- lows : -

" Provided, That nothing herein contained shall be so construed as to give the assent of Congress to any provision in the Constitution of Missouri, if any such there be, which contravenes that clause in the Constitution of the United States, which declares that the citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States."

The resolution, as amended, was adopted. The resolution and proviso were again taken up and discussed at great length, when the committee agreed to report the resolution to the House.

The question on agreeing to the amendment, as reported from the committee of the whole, was lost in the House. A similar resolution afterward passed the Senate, but was again rejected in the House. Then it was that that great statesman and pure patriot, Henry Clay, of Kentucky, feeling that the hour had come when angry discussions should cease,

" With grave

Aspect he rose, and in his rising seem'd : A pillar of state; deep on his front engraver Deliberation sat and public care ; And princely counsel in his face yet shone Majestic " * * * *

proposed that the question of Missouri's admission be referred to a committee consisting of twenty-three persons (a number equal to the number of States then composing the Union), be appointed to act in conjunction with a committee of the Senate to consider and report whether Missouri should be admitted, etc.

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Author: Pease, Ora Merle Hawk, 1890- Publication date: 1886 Publisher: St. Louis, National Historical Company Number of Pages: 1260

Author: Pease, Ora Merle Hawk, 1890-
Publication date: 1886
Publisher: St. Louis, National Historical Company
Number of Pages: 1260