USA > Missouri > Clay County > History of Clay County, Missouri > Part 3
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This act shall take effect and be in force from and after the passage thereof.
Approved, January 2, 1822.
At the time of the organization of the county the population was about 1,200, and about this time, or shortly thereafter, this population consisted of other men of sterling worth, not hereinbefore mentioned, who by their industry, enterprise and discernment contributed largely to the upbuilding of the county, namely, David Ashby, John and Robert Aull, John and Western Averett, Thomas and Garrett Arnold, John and Johnathan Adkins, Pleasant Adams, John Akers, Humphrey Best, Cyrus Brashears, John Bartleson, David Boggs, John Berry, John Braley, Wil- liam and Stephen Baxter, Walker and Truman Bivens, Hugh and Joseph Brown, John and Joseph Broadhurst, Van and Robert H. Brooks, Leonard Brasfield, Ambrose Brockman, Ed Liun Breckenridge, John Boggess, Charles H. Berryman, Jonathan Cameron, John and Nathan Culp, Abram Croysdale, Robert and William Collins, John Collier, Cyrus Curtis, John Capps, Nathan Chaney, Daniel and John Carey, Henry Coleman, Killion and John W. Creek, William Corum, Joseph and Thomas Courtney, George Claybrook, Uriel Cave, Edward and Richard Clark, James Chanslor, Simon Cockrell, Weekly Dale, Robert and James Dunlap, William, Matthew and
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Alexander B. Duncan, Rice B. Davenport, Archibald Logan Darby, John Ewing, John Estes, John Ecton, Ambrose Embree, Robert Elliott, Ely, Peter, William, John, Littleberry and Bartley Estes, Travis Finley, Simeon and Hiram Fugit, Joseph and Young Fowler, Alexander Fudge, Martin Fisher, George B. Finley, Hiram Ferril, Samuel Gilmore, Benjamin, Samuel, William, Jefferson, James, Henry, Jacob and John Gragg, Jacob and David Groomer, Abram, Amos, Isaac and Joseph Groom, John and Joseph D. Gash, Andrew and Richard Gartin, Robert Gilliam, Joshua B. Gotcher, James and Samuel G. T. Greenfield, J. Conway Garner, Gow, Henry Hill, James and Samuel Hyatt, Philip A. Hardwick, Simon and Samuel Hudson, Anthony Harsel, Squire Hutchinson, Daniel Hughes, Thomas Hixon, Collet Haynes, John Howdeshell, John and Moses Hutchins, Ezekiel Huffman, Robert, Jefferson and James Harris, Peter Holtzclaw, Robert Henderson. Woodford and Richard Jesse, Jonathan Jones, Wil- liam Lainhart, Joseph Lewis, John Linville, John Lakey, George B. Lingenfelter, Abram, John and George Lincoln, William Laidlow, John and Reuben Long, Leonard W. Ligon, Alvan Lightburn, Richard, Redmond and William Munkres, Arch. and John McCorkle, David McElwee, David McKee, Andrew Means, Ed. Munday, John M., David and Jocl P. Moore, John S. Major, James Marsh, Henry Mailes, Samuel Monroe, Joseph H. and John McWilliams, Caleb Magill, William and John S. Malott, William A. and Thomas A. Morton. Nicholas Mosby, Nicholas Michalucine, William Nall, Clement Neely, Robert Officer, Nicholas Owens, Winfrey E. Price, John, Adam and Henry Pence, Benjamin and Edward Pickett, James Poteet, Nathaniel Powell. Daniel Patton, George M. Pryor, Ashby, Ira and John R. Peters, Benjamin and Thomas Parish, Joseph and Baruth Prather. Lee Rollins, Samuel Ringo, Benjamin W., Hezekial and Alfred M. Riley, Jonathan and Allen S. Reed, James and David Roberts, Andrew Slaughter, Andrew Russell, William Rice, William Ross, David S. Rogers, Littleberry Sublette, Thomas Slaughter, Sabert Sollers, James Sullivan, Benjamin Soper, Mason Summers, John Shouse, Jesse Stollings, Daniel Stout, John and William Thorp, William. Elisha and Joseph Todd, Ebenezer Titus, John Talbot, Eleven Thatcher, William Thompson, Edward C. Tillman, Handle and Solomon Vance. Samnel H., Peter, Jenkins and James J. Vassar, John, Francis and Peter Writesman, Tarleton Whitlock, Peter and Archibald Woods, James Williams, George Wallis, Fountain Waller, Benjamin and John M. Wilkerson. Charles Warren, Robert and John Walker, Samuel
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Wymore, James and Waltus L. Watkins, James B. and David Wills, Abijah Withers, John Wilson, Henry and Caleb Weedon and Charles Younger.
The above are names entitled to record in the annals of the county; there are many others equally as deserving who would be mentioned if their names were known to the compiler of this list.
At the time of the organizations of Clay County, January, 1822, not- withstanding its territory extended from the Missouri River to the Iowa line, the population was almost entirely confined to its present limits, for the reason as heretofore stated, these settlers from Virginia, Kentucky, Tennessee and the Carolinas had been informed that prairie lands were . not adapted to agricultural purposes, farther than to be used for grazing purposes, and from the present limits of the county, north to the Iowa line was, practically, one vast prairie.
The reader will be interested in the following excerpt taken from Beck's Gazetteer of Missouri in relation to Clay County, and prairie lands, published in 1823:
"Clay County was erected from Ray in 1822. It is bounded on the north and west by the boundary lines of the state, east by the county of Ray, and south by Lillard (now Jackson). Its form is that of a parallelo- gram, about 100 miles in length, and twenty-one miles in breadth; con- taining an area of about 2,000 square miles. The southern boundary is washed by the Missouri River; the interior is well washed by Fishing River, and numerous other small streams, running in a southerly and westerly direction. The lands are generally elevated, and in the northern part approaching to hilly. Of the fertility of this county and the in- ducements which it offers to emigrants, I need not adduce a more con- vincing proof than the fact that but two or three years since it was a complete wilderness without a single white inhabitant; while at the present time its population is not less than 1,000. The county north and west is owned and inhabited by Indians.
The prairies, although generally fertile, are so extensive that they must for a great length of time, and perhaps forever, remain wild and uncultivated; yet such is the enterprise of the American citizen-such the immigration to the West, that it almost amounts to presumption to hazard an opinion on the subject. Perhaps before the expiration of ten years, instead of being bleak and desolate, they may have been converted into immense grazing fields, covered with herds of cattle. It is not pos-
1. REGULAR TUESDAY
PACKET FOR
-GLASGOW & CAMBRIDGE
STEAMBOATING ON THE MISSOURI RIVER IN 1860
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HISTORY OF CLAY COUNTY
sible, however, that the interior of the prairies can be inhabited; for, setting aside the difficulty of obtaining timber, it is on other accounts unpleasant and uncomfortable. In winter the northern and western blasts are excessively cold, and the snow is drifted like hills and mountains, so as to render it impossible to cross from one side to the other. In sum- mer, on the contrary, the sun acting upon such extensive surface, and the southerly winds, which uniformly prevail during the season, produce a degree of heat almost insupportable.
It should not, by any means, be understood these objections apply to all the prairies, the smaller ones are not subject to these inconveniences ; on the contrary, they are by far the most desirable and pleasant situa- tions for settlement.
There are those of this description in the county of which we are treating, surrounded by forests, and containing here and there groves of the finest timber, watered by beautiful running streams, presenting an elevated, rolling or undulating surface, and a soil rarely equaled in fertility."
The same year of the organization of the county, the seat of the county, Liberty, had been laid out into lots, and as many as twelve or fifteen cabins or small houses were erected and of that number two stores had been placed therein. Four other small stores were in the county during that year. For several years thereafter, the merchants in Liberty were Samuels & Co., Moores, Samuels & Croysdale, Hickman & Lamme, James M. Hughes & Co., James Aull, F. P. Chouteau, Hiram Rich, Joshua Pallen, Gershom Compton and Laban Garrett.
Lewis Scott had a tanyard in 1825, located just north of the bridge which crosses the town branch near Fairview cemetery, in Liberty. John Baxter had a harness and saddle shop in Liberty in 1827. In 1823, one Gilliam operated a horse-mill, which was located near the spring (now covered over) southeast corner of Mill and Leonard streets in Liberty and about where the electric depot is now located. Alonzo Baldwin, the second male child born in Clay County, informed the writer that when a very small boy he was once taking a grist of corn to the Gilliam mill, and when coming over what is now known as the Lightburne hill, the only ingress by horse or wagon into Liberty, at the time, he saw a bear run across the road in front of him; that he hurried to the mill, informed Gilliam of what he had seen; whereupon Gilliam called for his two hounds
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who readily responded to the call, and went in pursuit of the bear, chased the animal which took refuge up a linden tree, which stood exactly where Madison Miller so long lived, now residence of John W. Newlee, lot 58, old town, now city of Liberty, when the bear was dispatched by a well aimed shot from Gilliam's rifle.
As early as 1826, four other mills were existing in the county-Man- chester's mill, on Shoal Creek; William and Joel Estes' mill, on Fishing River; Smith's mill, on Smith's fork of Platte River, and Hixon's mill.
The first road opened in the county was from Liberty to the Ray County line, through as dense and heavy woodland as ever existed in this or any other country. All able bodied male persons over the age of eighteen years were summoned and required to open this road to the Ray County line, there to meet a road being built or opened by the citizens of Ray County from Richmond to the Clay County line. Old John Wil- son, one of these men, informed the writer that among so many men encamped and working together in this road opening, that bickerings, misunderstandings and quarrels almost necessarily ensued, which often- times resulted in "fist and skull" fights on Saturday afternoons, as no work was required the afternoons of that day. Always some enterprising person, too feeble to be a workman on the road, but feeling a deep syn- pathy for the poor workmen away from their homes, would provide several jugs of "Old Bourbon", whereupon, as men at that early day had no compunctions of conscience in imbibing a little of this lotion for the "stomach sake", only, would partake of it, too frequently and in such quantity as to cause excessive pugnacious dispositions which could not be satisfied but by a resort to pugilistic encounters with which their enemies were more than ready to accommodate them. A ring was made, the contestants took their places, when the rules of the fight were given, to the effect that no blows were to be struck below the belt until the "word went round, 'Bite, Kick and Gouge', then everything was "far."
The first schools taught in the county were made up by subscription and taught during the summer or autumn. The schoolhouses were gen- erally hastily improvised without much attention being paid to comfort or convenience. Sometimes a winter school was provided if a house could be found comfortable enough.
In township 52, range 30,-in the southeastern portion of the county -the people first thoroughly organized for school purposes. In Febru-
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HISTORY OF CLAY COUNTY
ary, 1836, the township was organized into two school districts, with Fish- ing River the dividing line between them. The southern district was called Franklin, and the trustees were James Dagley, George Withers and Sam Crowley. The northern district was called Jefferson; trustees, Winfrey E. Price, Michael Welton, Joel P. Moore. In the spring Jefferson was divided into two districts, and the western or northwestern was called Clark, in honor of Jesse Clark.
In April, 1836, township 52, range 31, lying northeast of the town of Liberty, was divided into four school districts, Clay, Washington, White and Bell. Schools were established soon after in all these districts, and already there were good schools at Liberty. From the earliest period of its official existence Clay County has always taken a leading part in school matters among the best counties of the state.
The sixteenth sections in every congressional township in Missouri were from the first set aside for public school purposes, to be sold to the best advantage and the proceeds thereof properly applied, upon petition of two-thirds of the inhabitants of said congressional township. The Clay County court, in February, 1831, appointed Ware S. May to select the sixteenth sections in this county. Samuel Tillery was appointed com- missioner, and he made sales from time to time up to the spring of 1834.
Under the act of February 9, 1839, public schools were instituted, and were aided from the interest of the township fund arising from the sales before mentioned. In 1842, the state began the distribution of a small fund. These schools were rather meager in their results until the act of February, 1853, set apart twenty-five per cent of the state revenue for the support of common schools. This act also created the office of county school commissioner, and Col. A. W. Doniphan was appointed to the office in November, 1853, which he filled until August 8, 1854, when he resigned, having been elected county representative. George Hughes was then appointed to fill the vacancy, with complete satisfaction to all.
The first annual report to the State Superintendent, by County Com- missioner Hughes, was made November 4, 1854. The whole number of white children over five and under twenty years of age in the organized tory the children of school age were estimated to be about 500. The school township for that year was 2,426, and in the unorganized terri- number of public schools was thirty-two and the number of teachers em- ployed was thirty-four. The average number of children attending pub-
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lic school was 1,264. The average salary paid teachers was twenty-nine dollars per month, and the length of school term was about five months and a fourth.
County Teachers' Institute .- The County Teachers' Institute was first organized in 1854, and held its first annual session at Mt. Gilead Church, August 29, 1855 (James Love was president and L. R. Slone secretary). This is believed to be the first county teachers' institute ever held in the state. It continued to hold annual, and, sometimes semi- annual sessions, until the public schools were suspended, in 1861. When the public schools were again organized after the close of the Civil War, , the county institute was also reorganized, and held annual sessions until monthly institutes and county normal institutes supplied its place in the educational work of the county.
CHAPTER III.
EARLY COURTS AND ELECTIONS.
FIRST COUNTY COURT-A COURT INCIDENT-ROADS ESTABLISHED-OFFICIALS APPOINTED-TAX LIST-FIRST ELECTION-SIMON COCKRELL-SECOND TERM -FIRST PATROL-FIRST CIRCUIT COURT-OFFICERS-JURORS-FIRST PER- SON HANGED IN CLAY COUNTY-"THE RING TAILED PAINTER"-COURT HOUSE-JAIL OTHER ROADS ESTABLISHED-TOWNSHIPS CREATED-FER- RIES ESTABLISHED-SLAVE AND OTHER VALUES-STEAMBOATING-AN ATTEMPTED MURDER-A DOUBLE HANGING-A REVIEW OF THE EARLY DAYS.
The first county court of Clay County convened at the house of John Owens, in Liberty, February 11, 1822. There were present the three county justices, John Thornton, James Gilmore and Elisha Camron, who having exhibited their commissions, duly signed by the governor of the state, Alexander McNair, entered upon the duties of their office. Two of these judges were men who became noted afterwards in the history of Clay County. Major Thornton was one of the first white men who ever settled in the county; a man of far more than ordinary natural ability, which, coupled with his erudition and urbanity, made him one of the most influential men, not only in the county, but in northwest Missouri. In 1872, the writer heard in a public address by ex-United States Senator General David R. Atchison, at the celebration of the semi-centennial organ- ization of the county, utter an eulogy of Major Thornton unsurpassed by any eulogy he ever heard of any man. Judge Elisha Camron, for natural ability, never had a superior in the county; uneducated, scarcely knowing how to read or write, yet he was an exceedingly popular man with all who knew him, or came in contact with him. He was eccentric and
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HISTORY OF CLAY COUNTY
humorous; upon one occasion while he was holding court in a case where General David R. Atchison was engaged on the one side and Amos Rees, a man of quick, high temper, on the other, General Atchison said some- thing which incited the anger of Mr. Rees, who quickly and in a loud tone of voice, easily to be heard over the court room exclaimed, "Dave Atchison, you go to hell". Judge Camron cast his eyes first in the direc- tion of Rees, then at Atchison, again at Rees, then at Atchison, when catching the eye of Atchison, the judge beckoned the General to approach him. Atchison slowly approached the judicial bench and leaned forward to hear what the judge wanted with him. Judge Camron, in a low voice said, "Dave, if I were you, I wouldn't do it." Quick as a flash, Atchison yelled at the top of his voice, "You d-d old fool, did you think I am going to do it!" It is needless to say that for one time, to say the least, the dignity of the court was not maintained.
Other roads were ordered established at the May regular term of the county court. A road leading from the north end of Main street, in Liberty, "the nearest and best way to the prairie in the direction of Magill's". The court appointed as commissioners to open this road, John Owens, Eppa Tillery, Ezekial Huffman and John Hall. A road "leading from the court house (John Owens') in Liberty, the nearest and best way to Andrew Russell's, from thence to the (state) boundary line." Andrew Russell, Aaron Roberts, South Malott and Mitchell Poage were appointed to open this road. At this term of court David Manchester was appointed county surveyor and Joshua Adams assessor for Fishing River township. The county collector reported to the court that six stores in the county had been licensed to do business at five dollars each.
The total tax list in the county for 1822 was $142.771/2, and of this amount collected $140.271/2, leaving a delinquent list of but two dollars and fifty cents. This court was in session nine days in 1822.
The first election held in Liberty was on the first Monday in August, 1822 and although the order had been made that the election should be held at the house of John Owens, yet for some reason or other, probably on account of the circuit court being in session there at the time, or the heat of the day, it was held on the butt of a large elm tree which had been felled just east of where the court house now stands. As the white men voted, a number of Indians perched themselves in the branches of the fallen tree and watched the novel proceedings. About the polls that day
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was a very tall, erect conspicuous old man; he was wearing tow-linen trousers, tow-linen shirt, brogan shoes, and on his head was a hat made of wheat straw. This man had raised the flax, broken it, carded it. His wife had spun the materials into threads, woven it into cloth, cut out the garments, and had made them into clothes for her husband. She had plaited wheat straw and made the covering for his head. This old man was a candidate for the Legislature, and was elected mainly because he was known to be "smart and honest", and his name was Simon Cockrell, the grandfather of United States Senator, Francis M. Cockrell, who for thirty years represented the state of Missouri in that august body. The Legislature was to meet that winter in St. Charles and when the time came Uncle Simon, as he was generally called, was at a loss to know how he was to get to St. Charles. The old man was very poor in this world's goods, having no horse to ride; there were no stage coaches or other means of travel, in truth no roads had as yet been opened for any kind of travel. Uncle Simon and some of his neighbors met at the house of Clement Neely, near the seven-acre farm, the property of the old man, to devise ways and means to get the old gentleman to St. Charles. After some discussion, Mr. Neely suggested that he would loan Uncle Simon a horse to ride, provided some one or more of those present would loan a saddle and bridle. At the suggestion, Uncle Simon remarked, that was all he wanted, a horse; that he would make his own saddle and bridle. Ile made his saddle of corn shucks, his bridle of twine strings, got the horse from Neely, and in due time away to legislative halls went the first lawmaker from Clay County.
Upon the authority of the late John S. Story it may be stated that the seven acres owned by Mr. Cockrell was surrounded by a fence of ex- ceedingly large white oak and black walnut rails, fourteen and sixteen feet in length, made by the owner, who, when the rails were made, had the pick, gratuitously, of the best timber in the neighborhood, and that the old man cultivated this land with a long handle hoe.
At the August term, 1822, of the county court, an order was made for the erection of the first public structure in the county. A "stray pen", enclosure or pound, for restraining of animals running at large, was deemed a pressing necessity, whereupon a pen 60 feet square was erected by the order of court and Jonathan Reed erected it of posts and
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HISTORY OF CLAY COUNTY
rails, at a cost to the tax payers of twenty-nine dollars eighty-seven and one-half cents.
The first patrol was appointed in 1824. To the present generation it may be well to explain what then were patrols. In the days of slavery it was deemed unwise and unsafe to let negroes, male or female, go about the country in the night time, without a written permit from their owners or masters. County courts usually named patrols for each neighborhood in the county, and where they failed to name the patrols, the citizens of a neighborhood would name them. It was the duty of patrols to watch the roads, byways and places where negroes were likely to be or congre- gate and when found after nine o'clock without a written pass or permit, that negro or negroes were punished by the patrols then and there, ad- ministering a sound thrashing. Ghosts, hobgoblins were no greater terror to the average negro than patrols (negroes called them patterrollers). When old Uncle Rastus prayed, he said, "Oh, Lord, we thank thee for the new Jerusalem, with its pearly gates and its golden streets, but above all, we thank Thee for that high wall around the great big city, so high that a patterroller can't get over it."
The first circuit court was held in Clay County at the house of John Owens, in Liberty, March 4, 1822. David Todd, an uncle of the wife of Abraham Lincoln, who was Mary Todd, was judge; William L. Smith, clerk; Hamilton R. Gamble, circuit attorney, and John Harris, sheriff. William L. Smith was born in a northern state, a man of education and of many accomplishments, popular with the people, and held this office until 1831, when he resigned the office. Hamilton R. Gamble was a Vir- ginian, born in 1798; came to St. Louis in 1818, came to Old Franklin in 1819, was circuit attorney in 1822, secretary of state in 1824, supreme judge in 1851, and in 1861, on the flight of Governor Claiborne Fox Jack- son from Jefferson City, was made provisional governor of Missouri. He died in 1864. John Harris was a lineal descendant of Mary Jefferson, sister of Thomas Jefferson; Mary Jefferson married Col. John Turpin and her daughter, Obedience, married Col. John Harris.
Very little business was transacted at this term of the circuit court as it was in session only two days. The grand jurors for the term were Richard Linville, foreman; Zachariah McGree, Benjamin Sampson, Rob- ert Y. Fowler, Zachariah Averett, Howard Averett, John Ritchie, James Munkers, John Evans, Thomas Estes, Andrew Robertson, Richard Hill,
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David Magill, Walker McClelland, Robert Poage, Samuel Tilford, David Gregg, William Allen, Elisha Hall and James Williams. There are many descendants of the men who constituted this grand jury now residents of Clay County. The next term of the circuit court was in July follow- ing, and only one jury trial, that of the State vs. Jonathan Camron, who had been indicted for affray. A jury of twelve good and true men were selected to try the defendant; they were Abijah Means, Richard Chaney, Abraham Creek, John Bartleson, James Gladden, Francis T. Slaughter, Enos Vaughn, Andrew Copelin, John Carrell, Matthew Averett, Eppa Till- ery and Samuel Magill, who after hearing the evidence, instructions of the court, and arguments of counsel, retired, but soon returned with a verdict, "We, the jury, find the defendant not guilty".
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