USA > Missouri > Cooper County > History of Cooper County, Missouri > Part 11
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This story is said to have been handed down by tradition by Jonathan Bryan himself. James Davis was an eccentric and picturesque character. He was the first man indicted by grand jury that assembled in the Louisi- ana Territory under American auspices for the murder of William Davis.
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However as the evidence showed, it possessed none of the elements of murder, and Davis was acquitted by the jury that tried him.
In an account of the expedition from Pittsburg to the Rocky Moun- tains in the years 1819 and '20, by order of Hon. J. C. Calhoun, Secretary of War, and under the command of Maj. Stephen H. Dong, compiled by Edward James, we take the following:
"A Mr. Munroe of Franklin related to the party that in 1816 he found on a branch of the Lamine, (4) the relics of the encampment of a large party of men, whether of whites or of Indians he did not know. Seeing a large mound nearby, which he believed to be a cache for the spoils of the party, he opened it and found the body of a white officer, apparently a man of rank, which had been interred with extraordinary care. The body was placed in a sitting posture, upon an Indian rush mat, with its back resting against some logs, placed around it in the manner of a log house, enclosing a space of about three by five feet, and about four feet high, covered at top with a mat similar to that beneath. The clothing was still in sufficient preservation to enable him to distinguish a red coat trimmed with gold lace, golden epaulets, a spotted buff waistcoat, furnished also with gold lace, and pantaloons of white nankeen. On the head was a round beaver hat, and a bamboo walking stick, with the initials J. M. C., engraved upon a golden head, reclined against the arm, but was some- what decayed where it came in contact with the muscular part of the leg. On raising the hat, it was found that the deceased had been hastily scalped. To what nation he belonged, Mr. Munroe could not determine. We ob- served, however, that the button taken from the shoulder, had the word Philadelphia moulded upon it. The cane still remains in the possession of the narrator, but the button was taken by another of the party."
Leven's and Drake, in their "History of Cooper County," written in 1886, gives the following interesting incident:
"In the year 1818, Joseph Stephens, who died in 1836, Maj. Stephen Cole and William Ross, the hatter, started west on a hunting and exploring tour, and traveled as far as Knob Noster. At that time, all the country west of the present boundary line of Cooper County, was a wilderness, no person living in it. About six miles southeast of the present site of Sedalia, in Pettis County, on a farm now owned by a man by the name of Warren, near Flat Creek, they discovered what appeared to be a large, high and peculiarly shaped Indian mound. They examined it pretty closely, and found on one side that the wolves had scratched an opening into it. After enlarging it, so as to admit them, they beheld a remarkable sight.
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They found themselves in what resembled a room, about eight feet square, with a ceiling of logs, just high enough to permit a tall man to stand erect. On the side opposite where they had entered, sat an officer dressed in full military uniform, with gold epaulets upon his shoulders, gold lace fring- ing every seam of his coat, cocked military hat, knee breeches, lace stock- ings and morocco slippers. As he sat erect upon a seat hewed out of a log, nothing but the ghastly hue and leathery appearance of his skin would have suggested but that he was alive. By his side stood a heavy gold-headed cane. His features were complete, and his flesh free from decay, though dried to the consistency of leather. The place in which the body was found, was very peculiar. A place about eight feet square and two feet deep had been dug in the earth. The sides had been walled up with sod, until it was high enough for the purpose, reaching several feet above the surface of the ground. The. top was then covered with poles which ran up to a point in the center like the roof of a house. Then the poles and the surrounding walls were covered with sod two or three feet deep, cut from the prairie nearby, thus excluding entirely the rain and air. When they left the place, William Ross, being the eldest man of the party, took the cane as a momento, but nothing else was touched.
"Who this officer was, from whence he came, what he was doing in this part of the country, what was the cause of his death, and when and by whom he was thus singularly entombed, has not, and perhaps never will be known. But he was supposed, by many, to have been a British officer, who, during the War of 1812, passed around by way of Canada into the Indian country, to incite the Indians against the whites; yet this is only conjecture, though those who discovered his body, account for him in that way.
"Soon after this, Joseph Stephens, Sr., now living near Petersburg, on the O. V. & S. K. Railroad, in company with James D. Campbell, went . into that part of the country bee hunting, and visited the burial place of this officer. They found that part of the roof had fallen in, and that the wolves had eaten all of the flesh off the body, so that nothing but the skeleton and clothes remained. Joseph Stephens took the epaulets, as a momento, but nothing else was disturbed. As his mother objected to his keeping the epaulets, he melted them into a large ball, which was worth $15 or $20, as it was solid gold. This description of the burial place, &c., was obtained from the last mentioned Joseph Stephens, and is correct, although several different accounts have been published."
CHAPTER VII.
FROM 1815 TO 1819.
IMMIGRATION-ORGANIZATION OF COUNTIES-EARLY COURTS-PROCEEDINGS- OFFICERS-ELECTIONS-"NEW COMERS"-LAND SPECULATION-SALE OF PUBLIC LANDS-PREEMPTION CLAIMS-SAMUEL COLE'S EXPERIENCES EARLY CHURCHES-A. FULLER'S LETTER.
During the War of 1812, more properly called the "Second War with Great Britain," there was some immigration into the Boonslick country.
When peace was established with England, and the treaty of peace was finally entered into with the Indians in 1815, a steady and ever in- creasing stream of immigration poured into the Boonslick country, and continued in an unending flow for many years thereafter.
But even during the war with the Indians, some hardy and brave
. settlers settled in the Boonslick country, though few ventured to locate except near enough to reach the forts at the first approach of the Indians.
Organization of Counties .- When the territory of Missouri was estab- lished in 1812, the eastern portion of the state was at once organized into counties, and the territorial law, by means of territorial courts, was ex- tended over them. But the Boonslick country had not been sufficiently settled to justify its organization, and the expense of holding terms of court within its limits.
Now, however, conditions were different. With increasing immigra- tion the demand became strong and loud for organized courts.
It will be remembered that from 1804 until Oct. 1, 1812, the territory of Missouri was divided into four districts. At that date, in accordance with an act of Congress, requiring him so to do, Governor Clark issued a proclamation, reorganizing the four districts into the five following coun- ties : St. Charles, St. Louis, St. Genevieve, Cape Girardeau, and New Ma-
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drid. In 1813 the county of Washington was created from a part of St. Geneveive. In 1814, the county of Arkansas was formed, and during the winter of 1814, and 1815, the county of Lawrence was organized from the western portion of New Madrid.
Under an act of the General Assembly of the Territory of Missouri, approved Jan. 13, 1816, the county of Howard was created, being the ninth organized county of the territory, and was taken out of the counties of St. Louis and St. Charles. It included among other counties what is now Cooper County. Its territory was more than one-third of the present state of Missouri. It was almost an empire, presenting an area of nearly 23,000 square miles. It was larger than Vermont, Massachusetts, Dela- ware, and Rhode Island. Missouri at that time had not been admitted into the sisterhood of states. From its territory have since been organized the following counties :
Adair, organized Jan. 29, 1841. Called after Gen. John Adair, of Mercer County, Kentucky, who was elected governor of that State in 1820 and died May 19, 1840.
Audrain, organized Dec. 17, 1836. Called for James S. Audrain, who was a representative from St. Charles in the Missouri Legislature in 1830, and who died in St. Charles, Nov. 10, 1831.
Bates (part), organized Jan. 29, 1841. Called for Frederick Bates, second governor of the State, who died Aug. 4, 1825, before the expiration of his term. Lieutenant-Governor W. H. Ashley, having resigned, Abra- ham J. Williams, of Columbia, president of the Senate, became Governor until the special election in September, same year, when John Miller was elected. Williams died Dec. 30, 1839, and an old fashioned box-shaped limestone monument marks his grave in Columbia Cemetery.
Benton (north part), organized Jan. 3, 1835. Called for Thomas H. Benton. United States Senator, 1820-1850. Died April 10, 1858.
Boone, organized Nov. 16, 1820. Named for the old pioneer and Indian fighter, Daniel Boone. Died in St. Charles County Sept. 26, 1820.
Caldwell, organized Dec. 26, 1836. Called for Capt. Matthew Cald- well, commander of Indian scouts and a hunter of Kentucky. Joseph Doniphan, father of Gen. A. W. Doniphan, belonged to his company. Gen- eral Doniphan was chiefly instrumental in having the county named in honor of his father's old comrade.
Camden (part), first named Kinderhook, after the home of Martin Van Buren, organized Jan. 29, 1841. On Feb. 23, 1843, name changed to Cam-
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den, in honor of Charles Pratt Camden, an English statesman who was a warm advocate of the American colonies.
Carroll, organized Jan. 3, 1833. Called for Charles Carroll, of Carroll- ton, one of the signers of the Declaration of Independence. Died Nov. 14, 1832.
Cass, organized Sept. 14, 1835. First called Van Buren; changed to Cass Feb. 19, 1849, in honor of Lewis Cass, United States Senator from Michigan. Died June 17, 1866.
Chariton, organized Nov. 16, 1820. John Chariton was the name of a leader of the French fur-traders who at an early day located on the Missouri River at the mouth of the creek which was ever afterwards called Chariton. Hence the name of the creek and county.
Clay, organized Jan. 2, 1822. Called for Henry Clay, of Kentucky. Died June 29, 1852.
Clinton, organized Jan. 15, 1833. Called for Governor DeWitt Clinton, of New York. Died Feb. 11, 1828.
Cole, organized Nov. 16, 1820. Called for Capt. Stephen Cole, an old settler, who built "Cole's Fort," near Boonville.
Cooper, organized Dec. 17, 1818. Called for Sarshel Cooper, who was killed by an Indian in Cooper's Fort opposite Arrow Rock and near the present village of Boonsboro, Howard County, on the night of April 14, 1814.
Daviess, organized Dec. 29, 1836. Called for Col. Joe Hamilton Daviess, of Kentucky. Killed in the battle of Tippecanoe, Nov. 7, 1811.
De Kalb, organized Feb. 25, 1845. Called for Baron John De Kalb, a Frenchman of Revolutionary fame, who was killed in the battle of Cam- den in 1780.
Gentry, organized Feb. 12, 1841. Called for Gen. Richard Gentry, of Columbia, who was killed in the battle of Okeechobee, Fla., Dec. 25, 1837.
Grundy, organized Jan. 2, 1843. Called for Felix Grundy, United States Senator of Tennessee. Died Dec. 19, 1840.
Harrison, organized Feb. 14, 1845. Called for Albert G. Harrison, of Fulton, Mo., member of Congress from 1835 to 1839. Died Sept. 7, 1839.
Henry, first named Rives in honor of William C. Rives, of Virginia, organized Dec. 13, 1834. Changed to Henry in honor of Patrick Henry, who died June 6, 1799.
Jackson, organized Dec. 15, 1826. Named in honor of Andrew Jack- son. Died June 8, 1845.
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Johnson, organized Dec. 13, 1834. Called for Richard M. Johnson, of Kentucky. Died of apoplexy, Nov. 19, 1850.
Lafayette, first called Lillard and organized Nov. 16, 1820, after James Lillard, an old citizen. Changed to Lafayette, Feb. 16, 1825, who died at Paris, May 20, 1834.
Linn, organized Jan. 7, 1837. Called for Lewis F. Linn, United States Senator from Missouri, 1830-1843, who died at St. Genevieve, Oct. 3, 1843.
Livingston, organized Jan. 6, 1837. Called for Edward Livingston, Secretary of State under President Jackson. Died May 23, 1836.
Macon, organized Jan. 6, 1837. Named in honor of Nathaniel Macon, of North Carolina, of the Seventh, Eighth, and Ninth Congresses and United States Senator in the Nineteenth and Twentieth. Died June 29, 1837.
Mercer, organized Feb. 14, 1845. Called for John F. Mercer, a soldier of the Revolution from Maryland. Died Aug. 30, 1821.
Miller (north part), organized Feb. 26, 1837. Called for Gov. John Miller, of Missouri; was Governor from 1825 to 1832. Died March 18, 1846.
Moniteau, organized Feb. 14, 1845. An Indian name, and doubtless a corruption of Manito, an Indian name for Deity or Great Spirit.
Monroe (part), organized Jan. 6, 1831. Called for James Monroe, President. Died July 4, 1831.
Morgan, organized Jan. 5, 1833. Called for Gen. Daniel Morgan, of the Revolution, who displayed great bravery at the battle of the Cowpens in the defeat of Tarlton and died in 1802.
Pettis, organized Jan. 26, 1833. Called for Spencer Pettis, member of Congress from St. Louis from 1829 to 1831, who was killed in a duel by Maj. Thomas Biddle, Aug. 27, 1831, aged 29 years.
Putnam, organized Feb. 28, 1845. Called for Gen. Israel Putnam, of Bunker Hill fame, 1775. Died, 1790.
Randolph, organized Jan. 22, 1829. Called for John Randolph, of Roanoke, Va. Died May 24, 1833.
Ray, organized Nov. 16, 1820. Called for John Ray, a member of the constitutional convention of 1820 from Howard County.
St. Clair (north part), organized Jan. 29, 1841. Called for Gen. Arthur St. Clair, of the Revolution.
Saline, organized Nov. 25, 1820. Named because of its salt springs.
Shelby (part), organized Jan. 2, 1835. Called for Gov. Isaac Shelby, of Kentucky. Died July 18, 1826.
Sullivan, organized Feb. 16, 1845. Called for James Sullivan, of Revo-
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lutionary fame, a member of the Continental Congress of 1782. Died Dec. 10, 1808.
Worth, organized Feb. 8, 1861. Called for Gen. William J. Worth, of the Florida and Mexican Wars. Died at San Antonio, Texas, May 7, 1849.
Also the following counties in Iowa: Parts of Taylor and Adams, Union, Ringgold, Clarke, Decatur and Wayne, and probably parts of Lucas, Monroe and Appanoose.
Its boundaries were established as follows: Beginning at the mouth of the Osage River, which is about 10 miles below the city of Jefferson and opposite the village of Barkersville in Callaway county, the boundary uprsued the circuitous course of said stream to the Osage boundary line, meaning thereby the eastern boundary of the Osage Indian Territory, or to the northeast corner of Vernon County, where the Osage River, two miles east of the present town of Shell City, runs near said corner; thence north (along the western line of St. Clair, Henry, Johnson and Lafayette counties), to the Missouri River, striking that stream west of and very near Napoleon, thence up said river to the mouth of the Kansas River (where Kansas City is now located), thence with the Indian boundary line (as described in. the proclamation of Gov. William Clark issued the 9th day of March, 1815), northwardly along the eastern boundary of the "Platte purchase" 140 miles, or to a point about 36 miles north and within the present county of Adams, in the state of Iowa, near the town of Corning in said county, on the Burlington and Missouri River railroad ; thence eastward with the said line to the main dividing ridge of high ground, to the main fork of the river Cedar (which is the line between Boone and Callaway counties in Missouri) ; thence down said river to the Missouri; thence down the river Missouri and in the middle of the main channel thereof, to the mouth of the Great Osage River, the place of beginning.
Howard County was reduced to its present limits by an act of the Legislature approved Feb. 16, 1825. The history of what is now Cooper County is inseparably .connected with that of Howard County until the organization of Cooper County in 1819.
Early Courts .- The act under which 'Howard County was organized located the seat of justice at Hannah Cole's Fort. The first circuit court of Howard County, which was the first Court held in this section of the State, was held at the house of Joseph Jelly in Hannah Cole's Fort, which was situated in what is now East Boonville. The Court opened on the eighth day of July, 1816, and discharged under the territorial laws all
-
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the duties of the Circuit, County and Probate Courts of the present day.
Hon. David Barton was the presiding judge; Nicholas T. Burkhartt, the sheriff : Gray Bynum, the clerk; and John G. Heath, circuit attorney. The attorneys who attended this term of court were Edward Bates, Charles Lucas, Joshua Barton, and Lucius Easton. Few in number, but their names became intimately and prominently associated with the fu- ture development of the state of Missouri ..
The following are the proceedings of this term of court :-
John Munroe was appointed coroner of Howard County, and Benjamin Estil, David Jones, David Kincaid, William Head and Stephen Cole were appointed commissioners to locate the permanent county seat, which was temporarily located by the territorial legislature at Hannah Cole's Fort as above stated.
The following persons composed the first grand jury: Stephen Jack- son, foreman; Adam Woods, Sr .; Asaph Hubbard, John Pusley,' George Tompkins, Isaac Drake, William Anderson, Samuel Brown, Robert Wilde, Davis Todd, William Brown, Robert Brown, John Snethan, Ezekiel Wil- liams, William Monroe, Jr .; John O'Banon, James Alexander, Muke Box.
The first license to operate and run a ferry was issued to Hannah Cole. The charges were fixed by the Court, and will be found in the chap- ter on "Transportation and Highways."
Harper C. Davis was licensed to conduct a tavern at Kincaid's Fort.
The first road laid out by the authority of the Court in the county was a route from Cole's Fort on the Missouri River to intersect the road from Potosi, in Washington County, at the Osage River. Stephen Cole, James Cole, and Jumphry Gibson were appointed commissioners to mark out this road.
The first indictments returned by the grand jury were United States vs. Samuel Heirall, and United States vs. James Cockrell, both endorsed a true bill.
At the first election held in the county, the electors voted at Head's Fort, McLean's Fort, Fort Cooper and Cole's Fort. The first civil action was styled Davis Todd vs. Joseph Boggs. The following amusing incident and example of retributive justice happened at this term of court:
Maj. Stephen Cole was fined, by Judge Barton, one dollar, for con- tempt, for misconduct in the presence of the court. Cole objected to pay- ing the fine, but supposing he would be able to retaliate some time, at last paid it. And his time for retaliation came sooner than he expected. That afternoon, Cole, who was a justice of the peace, organized his court on a
HI
....
M. K. & T. BRIDGE AT BOONVILLE DURING FLOOD OF 1903
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HISTORY OF COOPER COUNTY
log in front of the fort. As Judge Barton was returning from dinner, he stopped in front of Cole and leaned against a tree, watching the proceed- ings of the justice and smoking his pipe. Cole looked up, and assuming the stern look of insulted dignity, said, "Judge Barton, I fine you one dollar for contempt of my court, for smoking in its presence." Judge Barton smilingly paid his fine, and went to open his own court, acknowl- edging that he had been beaten at his own game.
The following order established the rate of taxation at that time:
"Ordered by the court that the following rates of taxation for county purposes for the year 1816 be established in the county of Howard, to-wit: On each horse, mare, mule or ass above 3 years old $ .25
On all meat cattle above 3 years old .061/4
On each and every stud-horse, the sum for which he stands the season .061/4
On every negro or mulatto slave between the ages of 16 and 45 .50
For each billiard-table 25.00
On every able-bodies single man of 21 years old or upwards not being possessed of property of the value of $200 .50
On water, grist-mills, and saw-mills, horse-mills, tan-yards and dis- tilleries in actual operation 40 cents on every $100 valuation."
Five marriage certificates were recorded in the year 1816. We give verbatum copies of four.
I do hereby certify, that on the 27th day of March last, I celebrated the rights of matrominy between Elijah Creason and Elizabeth Lowell, both of the county of Howard and territory of Missouri.
Given under my hand, this 12th day of April, 1816.
JAMES ALCORN, J. P.
Territory of Missouri,
Howard County, To-wit:
Be it known, to whom it may concern, that on the 26th day of April, . 1816, by virtue of the power and authority vested in my by law, a preacher of the Gospel, I joined in the holy state of matrimony Abraham Barnes, and Gracy Jones, of the said territory and county, as man and wife, satis- factory proof having been given of the legal notice as requested by law and parents' consent obtained.
Witness my hand, the 22nd day of April, 1816.
DAVID McLAIN.
Territory of Missouri,
(9)
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HISTORY OF COOPER COUNTY
County of Howard, To-wit:
Be it remembered to all whom it may concern, that on the 10th day of May, 1816, by virtue of the power and authority vested in me by law a preacher of the Gospel, etc., I joined in the holy state of matrimony Judiah Osmond and Rosella Busby, of the said territory and county, as man and wife. Witness my hand, this 3d day of July, 1816.
WILLIAM THORP.
I hereby certify, that on the second of June last passed, I celebrated the rights of matrimony between John Cooley and Elizabeth White, both of the county of Howard and territory of Missouri.
Given under my hand, this 12th day of April, 1816.
JAMES ALCORN, J. P.
The first election held in Cooper County after its organization was on the second day of August, 1819. It was held to elect a delegate to Congress from the territory of Missouri. John Scott and Samuel Ham- mond were the candidates. The townships which voted at said election were, as heretofore stated, Arrow Rock, Miami, Tebo (sometimes in those early days spelled Tabeaux, and Tabeau), and Lamine. The latter town- ship included the town of Boonville. The votes cast in Tebo township were thrown out because the poll-book of said township did not state for whom the votes were cast, and this poll-book was not put on file with the others; therefore the only votes counted were those cast in the other three townships. John Scott received 127 votes, and Samuel Hammond 21 votes, making the total count, 138.
We infer, and on a reasonable hypothesis, that this was nothing like the total vote of the county at that time. The county was sparsely settled and there was then no newspaper published in Cooper County. News of the election, in the main, had to be spread by word of mouth, and it is very probable that many of the voters did not know the day of the same; and again by reason of the distance from their voting places, failed to record their votes.
Robert P. Clark, county clerk, called to his aid James Brufec and Benjamin F. Hickox, two justices of the peace, to assist him in counting the votes.
The next election held in the county was to select delegates to the state convention, called by proclamation of the Governor to frame a con-
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HISTORY OF COOPER COUNTY
stitution for the state of Missouri, and was held on the first, second and third days of May, 1820. The following was the result in the county : Robert P. Clark, William Lillard and Robert Wallace were elected. The townships in which this election was held and the votes cast were as follows: Arrow Rock township, 120 votes; Lamine township, 408 votes; Tableaux township, 150 votes; Moreau township, 101 votes; Miami town- ship, 40 votes. Total vote of Cooper County, 819.
At the time of this election, Cooper County was bounded on the east and south by the Osage River, on the west by the Indian Territory, and on the north by the Missouri River. Lamine township then included about all within the present limits of Cooper County, and some territory not now included in its limits.
The next and third election was held on the 28th day of August, 1820, to elect a member of Congress, and State and county officers. The follow- ing townships voting at this election, and the votes cast, were as follows: Arrow Rock township, 57 votes; Lamine township, 503 votes; Jefferson township, 110 votes ; Osage township, 78 votes ; Miami township, 28 votes ; Moreau township, 71 votes; Tableaux township, 125 votes. The vote of Cooper County, 972. Thomas Rogers, Thomas Smiley and William Lillard were elected representatives; William H. Curtis, sheriff ; and Bryant Saunders, coroner.
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