USA > Missouri > Cooper County > History of Cooper County, Missouri > Part 12
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Immigration .- In writing of the immigration at this period, Dr. John Mason Peck has this to say: "The 'new-comers,' like a mountain torrent, poured into the country faster than it was possible to provide corn for breadstuffs. Some families came in the spring of 1815. But in the winter, spring, summer and autumn of 1816, they came like an avalanche. It seemed as though Kentucky and Tennessee were breaking up and moving to the "Far West." Caravan after caravan passed over the prairies of Illinois, crossing the 'great river' at St. Louis, all bound to the Boonslick. The stream of immigration had not lessened in 1817. Many families came from Virginia, the Carolinas and Georgia, and not a few from the Middle States, while a sprinkling found their way to the extreme West from Yankeedom and Yorkdom. Following in the wake of this exodus to the middle section of Missouri was a terrific excitement about land."
Land Speculation .- This was a period of some wild and hazardous land speculations ; not only by reason of the large immigration into the Boonslick section, or rather into Howard County, but because of the earth- quake in New Madrid in the years 1811 and 1812.
In 1815, Congress passed an act affording liberal relief for the suf-
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ferers from the earthquake. The land owners were permitted to give up their present holdings and to locate with the certificates received for their New Madrid possessions on other public land. This opened a wide door for fraud, speculation and litigation. The actual sufferers were in nearly every instance defrauded. Before they had knowledge of the pass- ing of the act of Congress, the New Madrid country was filled with speculators from St. Louis, who purchased their property at a rate of from $40 to $60 per claim, a claim sometimes embracing as much as 640 acres. After acquiring the rights to the injured land, certificates of dis- location were issued by the St. Louis land office to the purchasers of these injured properties. The owners of these certificates, of course, hunted around for the most valuable property and located their certificates on it. The demand for certificates became very great, the more unscrupulous and dishonest New Madrid settlers would sell their claims several times to new speculators anxious to buy. All this led to endless litigation. Under New Madrid certificates so issued much valuable property was located in the Boonslick country.
Sale of Public Lands .- Dec. 6, 1816, marked the setting for the first time of the Jacob Staff, to survey the public lands of this state, prepara- tory to placing the lands on the market for sale for home-makers. Prior to that time, nothing had been surveyed by legal authority, except those lands known as the old French and Spanish claims. The survey, however, progressed slowly and intermittently, and it was not until Aug. 3, 1918, when by order of the President's proclamation the land sale was held at St. Louis. The President also issued a proclamation that the land sales at Franklin, Howard County, would begin Sept. 7, 1818, but there was quite a spirited controversy about the legality of offering the lands for sale, as they were thought yet to be within the boundary lines of the Sac and Fox Indian Reservation, and one officer to conduct the sale resigned. The sales, in consequence thereof, were continud to Nov. 2, 1818, at which day the land sales began, Gen. Thomas A. Smith being receiver, and Charles Carrol, register. The crowd in attendance upon these sales was said to have numbered thousands of well-dressed and intelligent men from all parts of the east and south. At the first public sales, there seems to have been quite a spirit of competition among the bidders, but this was evidently caused by those from a distance, for the settlers had a tacit understanding not to bid against each other for the land they wanted, and in after years there seems to have been no competition for the lands at public sales.
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Preemption Claims .- At this time there arose the very interesting question of preemption claims. The settlers in the Franklin, or Howard land district, had given notice to the officers of the land office of the pre- emptions. So universal was the preemption right claimed, that the settlers there were called "preemptioners." This disputed question was of such deep interest and import to the settlers and was so much discussed, that it became the all-absorbing question, to the exclusion of every other.
On March 3, 1819, Congress passed an act confirming the right of preemption, to the people of this district. It is said that many of the most illustrious men of our state were among the preemptioners, and they in after years became potent factors in the evolution and progress of our great state.
Levens and Drake, in their "History of Cooper County," give some amusing interesting incidents of this period :
"Sometime during the year 1817, William Gibson, now living a short distance east of the city of Boonville, was appointed by the Territorial Court, constable of that part of Howard County lying south of the Mis- souri River. His jurisdiction extended from the Missouri, on the north, to the Osage River on the south. Soon after his appointment, there being some trouble down on the Osage, he was sent there with a warrant for the arrest of the man who had caused the trouble. The distance was between 60 and 70 miles. After arresting the man, he returned to Boon- ville with his prisoner. As he was on his journey back, having an execu- tion against a man who lived on the road, he stopped at his house and proceeded to levy on the feather beds, as nothing in those days was exempt from levy under execution. But, as soon as he made his purpose known, four women, who were the only persons at home, threatened to give him a thrashing, so he was forced to retire as fast as he could, and return the execution unsatisfied. To add to this, the court only allowed him, for his journey of 140 miles, which occupied four days, the magni- ficent sum of 25 cents. Mr. Gibson thinking the office not quite lucrative enough to justify him in devoting his whole time to its duties, and not wishing to risk his life at the hands of angry women, quietly sent in his resignation, thus establishing the precedent that officers should resign when not paid a living wage.
"While Samuel Cole was living at his mother's fort in East Boonville, in the year 1817, there was a dance at William Bartlett's boarding house, on the flat near the ferry landing, at the mouth of Rupe's Branch. Al- though Samuel wished very much to attend, his mother refused to permit
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him, as his wardrobe at that time, was entirely too limited to permit him to associate with the "elite." He had no pants, his sole garment consist- ing of a long tow shirt, which reached entirely to his heels. But Samuel, though always, from his own statement, an obedient son, was not to be deprived of so great a pleasure, by this, to him, a very trivial excuse. So he determined to attend that dance, and then make the best arrangement he could to meet the "wrath to come." Not having any horse, he bridled a tame bull, which was at the fort, and thus mounted, rode up to the door of the house in which they were dancing. After looking in for some time, and by his strange looking steed and attire, attracting a large crowd about him, he drove his bull down to the river, and riding in, he slid back over its haunches, and caught hold of its tail. In this way they swam down the river to Hannah Cole's fort, when he and his strange companion came out of the water and sought their homes. This story has often been pub- lished, but never correctly, as all former accounts represented him as swimming the river to attend a wedding, but our version is correct, as it was obtained directly from Samuel Cole himself.
"About the 15th day of November, 1817, Joseph Stephens, with his large family and several friends, crossed the river to where Boonville now stands, and camped near the foot of Main street. The next day after they crossed Samuel Cole, who was then a boy of sixteen years of age, appeared at their camp and asked Mrs. Stephens if she would like to have some venison. Upon her replying that she would, as she was nearly out of meat, Samuel shouldered his gun and marched off into the woods, tell- ing her to wait a few minutes and he would kill her some. Samuel Cole, at that time, although there was a slight snow on the ground, was bare- footed and bare-headed, his breeches reached only to his knees, the collar of his shirt was open, and he carried an old flint lock rifle. About fifteen minutes after he left the camp, Stephens and his family heard two shots in the direction in which he had gone. Pretty soon Samuel appeared, and told them that he had killed two deer, that they must go out and bring them to the camp, as he could not by himself bring in even one of them. So they started out and found the two deer lying on the side of the hill just north of the present residence of William H. Trigg. After they had skinned them and cut them up, the party brought them to the camp and presented them to Mrs. Stevens. This shows what little exertion was necessary at that day to obtain meat.
A few days afterwards, Joseph Stephens moved, with his family, to
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the farm which he had bought about one-quarter of a mile north of the present site of Bunceton. About Christmas, in the same year, Samuel Cole rode up to Joseph Stephen's camp, and Mrs. Stephens asked him to alight and take dinner. He asked her whether she had any honey, and she told him she had not. He said he could not eat without honey. And although she insisted that he remain, he still refused. In the meantime, Larry and Joseph, two of her sons, and a negro named Basil, who had been cutting wood, came up to the camp carrying their axes. Samuel turned to them, and told them to go with him and get some honey for dinner. They at first, supposing him to be joking, refused to go. But as he still insisted, they consented. After going some two hundred yards east of the camp, Samuel suddenly stopped, and pointing to a tree, told them to cut it down. The others not seeing anything about the tree that would induce anyone to think that it contained honey, yet willing to accom- modate company, cut it down, and it was found to be filled with nice honey. While they were cutting down this tree, Samuel found another a short distance away, and having cut down this one also, they 'returned home with six buckets of fine honey, having taken nothing but the clear part. Before he left, Samuel taught them the way in which he found the trees. He told them, that if they would examine the ground around the tree, they would find small pieces of bee-bread, and occasionally a dead bee. This was an infallible sign of a bee tree. Then afterwards, following his direction, they searched and found, in a small space, thirteen trees which were filled with honey; and as they had no sugar, this was a great help to them. They sometimes had as much as four hundred pounds of honey on hand at one time."
Early Churches .- It has been stated with authority, that on the 8th day of April, 1812, Mount Pleasant Church was organized in a log house, doubtless at Kincaid's Fort, situated a short distance from Old Franklin in Howard County. In the year 1817, there came renewed activity of church-building. Of the five churches in central Missouri: Mount Pleasant, Bethel, Concord, Mount Zion and Salem, all Baptist, which in 1818 united to form the Mount Pleasant Baptist Association, three had organized the previous year.
The Concord Church was organized in 1817 by Elders William Thorpe, Edward Turner and David McLain, and was located in the settlement south of Boonville. In 1823, the church gave its name to the Concord Baptist Association. Elder Luke Williams was chosen pastor, at the second meet-
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ing of the church in 1817, and continued in this capacity until his death six years later. The second pastor was Elder Kemp Scott, who moved to the little settlement a year or two after the death of Elder Williams.
Among the pioneers who helped to organize the church and who con- stituted its first membership, were: Luke Williams, Polly Williams, Wil- liam Savage, Mary Savage, Delaney Bolen, Judith Williams, Absalom Huff, Susanna Savage, Joseph Baze, Lydia Turner, Charles Williams, Patsey Bolen, Sally Baze and Elizabeth Williams.
Judge Phillips, of imperishable memory, gives the following vivid de- scription of the old Bethel Church, typical of the church of the period, as he recalled it, after a lapse of more than seventy years :
"Built of heavy, flawless ash logs, it did, indeed, stand 'four cornered to every wind that blew.' Measured by the conception of its architects it was quite capacious, but in fact it was not over 24x34 feet. It had one door and two small windows in front, one window in each end, and a two pane window back of the pulpit.
"That pulpit when the door of ingress and egress was shut, made the preacher look as if he were forted against assault from without; and it might be aptly termed a ministerial sweat-box. The men and women were entirely separated as they sat in church, the men on one side and the owmen on the other side of the single aisle. * * It never oc- curred to the church committee in charge that to enable the occupants of the rear seats to see the speaker in front, the floor should be con- structed on a rising scale. Instead they made the pews on an ascending scale, so that the rearmost pew was about four feet from the floor, and the occupants had to vault or climb into them like getting into the upper berth of a Pullman sleeper without a step ladder.
"The pastor of Bethel Church during the greater part of his attend- ance there, known as 'Father Jimmie Barnes,' was recalled by Judge Philips as a man 'powerful in exposition and fervid in delineation.' He seldom spoke less than an hour and it seemed to me that the hotter the day the longer the sermon. The seasons have their time to change and the leaves their time to fall, but Father Barnes never changed his garb of home made blue jeans, autumn, winter, spring or summer. He wore invariably the conventional high, stiff black stock, over which timidly peeped a fringe of shirt collar.
"About one hundred yards to the northwest of the church was the camp ground. I can see the log huts, with bed quilts for partitions and straw for beds, covered with sheets and quilts. I can almost catch the
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aroma of roasting beef, chickens and sweet potatoes in the barbecue ditches. There was one figure about that camp ground indelibly fixed in my memory. It was 'Uncle Billie Street', the leader of revival songs. He was a mountain of flesh, weighing, when in good singing condition, about three hundred pounds. He had a voice that out-bellowed the bulls of Bashan, and when sinners were to be called to the mourner's bench, the very air vibrated with his Olympian verberation. I do not exaggerate in saying that I heard him one day from a pasture three quarters of a mile away singing his favorite revival song with the refrain, 'When this world is all on fire, glory Hallelujah.'"
One hundred years ago a gentleman by the name of A. Fuller, who had been in the Boonslick country a few months wrote to his chum the following descriptive letter, which will doubtless be read with interest.
"Franklin, Mo., Dec., 1819.
Dear Tom :
You need not scold; I have had too much to do to write to you fel- lows that live in civilized society. Here I am, on the extreme frontier of the settlements of our country, but would not exchange places with you for all your boasted luxuries. I can, within a mile or so, kill as many prairie chickens as I choose, and all other game of the season.
The settlers of the country moved out of the forts last spring, and are about as happy a set as you can find on the earth to think that the Indians are to let them alone hereafter. I have become acquainted with most of the citizens of the town. The Hon. Judge Todd and family arrived here last summer, one of the most agreeable families that I have ever met. He is too liberal and kind for his own good; also Dr. Hutchinson, Dr. Lowry and General Smith. I do not think that you can understand the nobleness of such minds, as it is only here in the extreme west, where all have been accustomed to facing dangers every day, that they can be appreciated. We have three stores in this thriving place, an old gentle- man, Mr. Gaw; Stanley and Ludlow; and Sanganette & Bright, all doing fair business. We had two arrivals of steamboats during the summer, one a government boat, Western Engineer, on an exploring expedition. In place of a bowsprit, she has carved a great serpent, and as the steam escaped out of its mouth, it runs out a long tongue, to the perfect con- sternation of all Indians that see her. They say, "White man bad man, keep a great spirit chained and build fire under it to make it work a boat." The other was a boat loaded with government supplies, for the troops in the forts above here, also two hundred thousand dollars in specie. A
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large portion of her cargo was Monongahela whiskey. It looks like a dispensation of Providence that she should be sunk soon after leaving. The officers and visitors were desecrating the Sabbath by card playing and drinking. She left here and ran up to the head of the first island above here when she struck a snag and sank immediately, without the crew being able to save anything out of her. There she lies with all her silver and freight on her. There are in the neighborhood several forts, that were used by the people during the Indian difficulties. Fort Hempstead, about three miles back from the river; Cooper's Fort, ten miles above here, where were many of the hairbreath escapes of the wild west. At one time, when it was besieged by a large body of Indians, and they needed to communicate with the fort here, not having men to spare, a daughter of Colonel Cooper ventured to run the gauntlet, and mounting a fleet horse dashed through the Indians, reached the fort here, got the assistance needed, and was back in time to relieve her friends. Is there one of your city belles who could accomplish a similar feat? I guess not. I tell you, Tom, there is an independence and nobleness in the bearing of the young folks here, dressed in their home-made clothing,-the ease of gait and carriage,-that puts affectation and fine dresses in the shade. I am not carried away entirely by the nobleness of the wild frontier people, but there is a frank generosity with them that you in the east know nothing of, therefore you cannot appreciate it. There is also a fort across the river from here called Cole's Fort, that had its share of trouble; also one above the La Mine River. One of them, Mr. McMahan, from there, was coming down to Cole's Fort on business, when about two miles above here he was fired upon and killed by the Indians. One of the young Coles and one of the Roups were cutting a bee-tree in the woods near the path, and it is thought the Indians were crawling upon them, when Mr. McMahan, passing, was fired upon and killed. The men, Cole and Roup, hurried back to their fort for aid, and went to see what mischief the redskins had been doing. Mr. McMahan was shot through the body. He ran his horse toward the river for about a quarter of a mile when he fell dead. The Indians, it is thought, saw the two men running for the fort and thought it safest to leave, which they did without following the flying men. I believe I could have set till this time, hearing of the hairbreadth escapes of the early settlers. They have laid out a town opposite here on the river, called Boonville, which they expect to eclipse this place, but the traders think Franklin will eclipse any town out west. I think likely it will if the river will let it alone. I went over the river last summer to
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attend the first sale of lots, intending to purchase some to build on, but they were run up to a fabulous price, away beyond my reach. There were some of the voters who appeared to be affected by patriotism acquired at the only (what was termed) tavern in the place, kept by a hard looking old fellow named Reames, who bowed politely to all who came in and asked for something to drink, and I was told the whiskey had actually not had time to cool before it was dealt out to the customers, having been brought all the way from a Mr. Houxe's where there is a horse mill and distillery ; so the people of Boonville, cannot only have liquor, but can have their corn ground ready for sifting. The mill and distillery are about a mile from the town. Adieu."
CHAPTER VIII.
FROM 1819 TO 1821.
COOPER COUNTY FORMED-FIRST CIRCUIT COURT-FIRST RECORD OF CIRCUIT COURT-MARCH TERM, 1819-FIRST JUDGE OF ELECTION-FIRST CON- STABLE-JULY TERM, 1819-FIRST LETTERS OF ADMINISTRATION-FIRST JURY CASE-PROCEEDINGS TO DIVIDE PROPERTY ON WHICH BOONVILLE IS LOCATED.
Two years after the organization of Howard County the immigration began to flow so steadily into the southern part of the county that there was a great demand for the division of Howard County and for the formation of another county south of the Missouri River. Yielding to and in compliance with this demand the territorial Legislature on Dec. 17, 1818, formed the new county of Cooper which included all of Howard County south of the Missouri River or, in other words, that territory included between the Missouri River and the Osage River extending west- wardly to the western territorial boundary. This territory embraced what are now eleven whole counties and five parts of counties. However, the limits of Cooper County were gradually decreased by the formation of new counties and in 1845 the boundaries of Cooper County were as they are today. The counties formed from the original territory of Cooper and when organized are as follows: Bates County, Jan. 29, 1841; Benton County, Jan. 3, 1835; Camden County, Jan. 29, 1841; Cass County, Sept. 14, 1835; Cole County, Nov. 16, 1820; Henry County, Dec. 13, 1834; Jack- son County, Dec. 15, 1826; Johnson County, Dec. 13, 1834; LaFayette County, Nov. 16, 1820; Miller County, Feb. 26, 1837; Moniteau County, Feb. 14, 1845, being the last county organized from the original Cooper County ; Morgan County, Jan. 5, 1833; Pettis County, Jan. 26, 1833; St. Clair County, Jan. 29, 1841; Saline County, Nov. 25, 1820, leaving the present Cooper County with its present boundaries. Only parts of the
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counties of Bates, St. Clair, Benton, Camden and Miller were included in Cooper.
Although the act of the territorial Legislature creating the county was passed and approved in Dec., 1818, it was not, in fact, fully organized as a county vested with all the powers, privileges and immunities of a separate and distinct political subdivision until March 1, 1819, when the first Circuit Court was held in the county. The commissioners appointed by the Legislature to locate the county seat were Able Owens, William Wear, Charles Canole, Luke Williams and Julius Emmons.
First Circuit Court .- The act of organization provided, that "the courts to be holden in the said county of Cooper, shall be holden at such place in said county as the commissioners of said county, or a majority of them, shall adjudge most convenient, until a place be fixed on by such commissioners, and a court-house and jail erected thereon; provided, that the first court for said county or Cooper be held at Boonville," and in accordance therewith, the first court of the newly organized county of Cooper, was held in the present limits of the city of Boonville, on the first day of March, 1819. It was held at the boarding-house of William Bart- lett, called the Boonville Tavern, which was situated on the flat just east of the mouth of Rupe's branch, and south of the Missouri Pacific passenger station. This court under the territorial laws of Missouri, exercised the present duties of the county, probate and circuit courts. The duties of these three courts continued to be exercised by this one court until the year 1821, when the duties of the probate and county courts were separated from those of the circuit court, and a new court, called the "county court", was organized.
First Record of Circuit Court-March Term 1819 .- Be it remembered that on the first day of March in the year 1819 at the house of William Bartlett in the town of Boonville, in the County of Cooper, the place directed by an act of the Legislature of the Territory of Missouri entitled "an act to establishing a part of Howard County into a separate county by the name of Cooper, the Honorable David Todd produced a commission from the governor of this territory appointing him Judge of the North- western Circuit of the said territory, as also a certificate of his qualifica- tions which are in the words and figures following, to-wit: Frederick Bates, Secretary of the Territory of Missouri and exercising the govern- ment thereof, to all who shall see these presents-Greeting! Know ye that reposing special trust and confidence in the integrity, ability and diligence of David Todd, I do appoint him Judge of the Court of the North-
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