USA > Missouri > Howard County > History of Howard and Chariton Counties, Missouri : written and compiled from the most official authentic and private sources, including a history of its townships, towns, and villages, together with a condensed history of Missouri > Part 10
USA > Missouri > Chariton County > History of Howard and Chariton Counties, Missouri : written and compiled from the most official authentic and private sources, including a history of its townships, towns, and villages, together with a condensed history of Missouri > Part 10
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In the spring of 1813, not having seen any signs of Indians for about three months, and being desirous of raising crops during that year, as they had failed the year before, many of the settlers returned to their farms, but in order to be advised of the approach of an en- emy, they stationed a guard at each corner of the field in which they were at work.
During the following two or three years they were kept continu- ally on the watch against the savages, for every month or two, some small band of Indians would suddenly attack and slay some unsus- pecting settler, who had for the moment forgotten his usual caution, or who, feeling secure from attack because the Indians had not ap- peared for some time, suffered this severe penalty for his negligence. The Indians, never after this, marched a large band against these set- tlements, but came in small scouting parties, the members of which had only sufficient courage to shoot down some unsuspecting man, or murder unprotected women and children. They never, except in overwhelming numbers, and then very seldom, made an open attack upon even a lone farm-house, but stealing up in the darkness of the night, they would set fire to the house, and slay the inmates as they rushed from their burning dwelling ; or as in the case of the killing of Sarshall Cooper, shoot the dreaded enemy of their race as he sat in the midst of his family.
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Is it any wonder, in view of these facts, that when an Indian was captured, it was not many minutes before his lifeless body would be
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HISTORY OF HOWARD AND CHARITON COUNTIES.
hanging from the nearest bough? After all their treachery, woe to the savage who fell into the vengeful hands of the settlers, for they would make short work of him : and they knew they were justitied in doing this, for they acted only in self-defence.
Braxton Cooper, Jr., was killed two miles northeast of the pres- ent site of New Franklin, in September, 1813. The Indians attacked him as he was cutting logs to build a house. As he was well armed and a very courageous man, they had a long struggle before the In- dians succeeded in killing him. The broken bushes and marks upon the ground showed that the struggle had been very fierce. The set- tlers who first arrived to take away the body of Cooper, found an In- dian's shirt which had two bullet holes in the breast of it, but whether the Indian died they never knew. They followed the trail of the In- dians for a short distance, but soon lost it, and were forced to abandon the pursuit.
Joseph Still was killed on the Chariton river, in October, 1813, but the circumstances attending his killing are unknown.
William McLane was killed by the Indians near the present site of Far ette, in October, 1813, under the following circumstances : He, Ewing MeLane, and four other men, went from Melane's fort to select a piece of land on which some one of them expected to settle. When they arrived at a short distance southwest of the present site of Fayette they were attacked by a band of about one hundred and fifty Indians. As soon as MeLane and his companions saw them, they retreated towards the fort, and just as they were ascending a slant from a long, deep ravine leading to Moniteau creek, the In- dians fired a volley at them. One shot struck William Mebane in the back of the head, and he dropped dead from his horse. After satisfying themselves that he was dead, his remaining companions left his body and continued their retreat to the fort, which they reached in safety. The Indians scalped MeLane, cut out his heart, and literally hacked him to pieces. As soon as possible a large party of settlers started out to recover his body, and, if possible, to avenge his death ; but they found that the Indians had retreated, and left no trace of the di- reetion which they had taken. From the cleared place around the body, and the beaten appearance of the earth near, it was supposed that the Indians had, in accordance with their custom, danced their " war dance" there to celebrate their victory. After getting the body they returned sorrowfully to the fort.
Of the many murders committed during the war, none excited so much feeling or caused such a ery of vengeance in the hearts of the
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HISTORY OF HOWARD AND CHARITON COUNTIES.
frontiersmen as the tragic death of Captain Sarshall Cooper, who was the acknowledged leader of the settlers north of the Missouri river. On a dark and stormy night on the 14th day of April, 1814, as Cap- tain Cooper was sitting by his fireside with his family, his youngest child upon his lap, the others playing at different games around the room, and his wife sitting by his side sewing, an Indian warrior erept up to the side of his cabin and picked a hole between the logs just sufficient to admit the muzzle of his guu, the noise of his work being drowned by the storm without. He shot Captain Cooper, who fell from his chair to the floor, among his horror stricken family, a lifeless corpse. His powers and skill were well known to the Indians whom he had often foiled. He was kind and generous to his neighbors, whom he was always ready to assist in any of their undertakings. Therefore, his loss was deeply felt by the settlers, whose homes he had defended and whose prosperity was due largely to his advice and counsel. Joseph Cooper, in his letter to Colonel Newton G. Elliott, in January, 1874, in speaking of the death of Captain Cooper, his father, said: "We had taken a keel boat from some Frenchmen, who were attempting to take it up the river loaded with whiskey, powder and lead for the Indians. We first stopped them and ordered them back : keeping watch the next night and the night following, we caught them in a second attempt to pass up the river, and took the boat from them. I think one of this party killed my father. We kept the keel boat and its cargo untouched for two or three years, until peace had been made, and no one applied for it."
A negro man named Joe, belonging to Samuel Brown, of Howard county, was killed by the Indians near Mr. Burekhartt's farm , about three-fourths of a mile east of Estill station, on the Missouri, Kansas and Texas railroad.
The above embraces all the names of the men, of whom we have any record, who were killed in the Boone's Lick country during the Indian war from 1812 to 1815. The peculiar atrocities attending the killing of some of them, make the stoutest shudder. But these atrocities were so common in those days that the settlers did not fear to remain here. although they knew these things might happen to them at any time.
PEACE.
For three long years, had the settler's lives been a constant vigil. Their savage foes were crafty and heartless, and they knew that any remissness of duty upon their part would result in the in-
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stantaneous slaughter of themselves, their wives, and their little ones. This beautiful country to which they had come, was soon, however, to be put under tribute to the plow and the harrow, and the soft wings of peace were to again overshadow it. Indeed, peace had al- ready been declared, and they had entered upon the enjoyment of that delightful era of which the poet speaks --
The trumpets sleep, while cheerful horns are blown, And arms employed on birds and beasts alone.
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CHAPTER INI.
Territorial Laws-Districts and Counties-Organization of Howard County --- Boundary - Counties which have been taken from Howard - Its Original Area - Gen. Benj. Howard -Settlers Executed their own Laws - First Circuit Court - Grand Jury - Attorneys - First Licensed Ferry - First Licensed Tavern - First Road - Indictments - Elections - Incidents - Rate of Taxation - Early Suit - First Recorded Deed -First Marriages - Old Franklin - Location of County Seat - Land Office - Memoirs of Dr. Peck - The First Newspaper - Arrival of the First Steamboat -- Newspaper Comments - Dinner and Toasts - First County Court.
TERRITORIAL LAWS.
The territorial laws were not extended over this part of the country until the year 1816. Until this time, they had no government or laws except such as they themselves made for their own protection, and which, of course, had no effect outside of the boundaries of their narrow territory. With them, the single distinction was between right and wrong, and they had no medium ground. As the result shows, they really needed no laws or executive officers, for it is a well known fact, that during the early period of this settlement there were no serious crimes committed within its limits. As the men each depended upon the other, and knew that in time of attack by the Indians their only safety lay in union, each endeavored to preserve the good will of his neighbor, and, as the best way to obtain the good wishes and assistance of a man, is to act honestly and friendly with him, each did this, and in this way they needed no law, except their own judgments. During the early period of the colony they never had any occasion to punish any one under their law, which was an unwritten one. Although 'tis true, some few erimes were committed. (the nature of man has not entirely changed since then ), yet they were uniformly of such a trivial character, as hardly to be worthy to be classed as crimes.
Another reason of the almost entire freedom from crime, was the certainty of punishment. Then there were no " legal technicalities " by which a prisoner eould escape. No sooner was the criminal caught and his guilt established - no matter what his erime - than the law- makers took the matter into their own hands, and hung him to the nearest tree.
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HISTORY OF HOWARD AND CHARTION COUNTIES.
DISTRICTS AND COUNTIES - ORGANIZATION OF HOWARD COUNTY.
From 1504, until October 1, 1812, the territory of Missouri was divided into four districts. At that date ( October 1, 1812) Governor Clark issued a proclamation, in accordance with an act of Congress requiring him to do so, reorganizing the four distriets into the tive following counties: St. Charles, St. Louis, St. Genevieve, Cape Girardean and New Madrid. In 1813, the county of Washington was created, from a part of St. Genevieve. 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, approved January 13, 1816, the county of Iloward was ercated, being the ninth organized county in the territory, and was taken out of the counties of St. Louis and St. Charles.
It> boundaries when created, were established as follows : " Be- ginning at the mouth of the Osage river, which is about ten miles below the city of Jefferson and opposite to the village of Barkesrville in Callaway county ; the boundary pursued the circuitous course of said stream to the Osage boundary line, meaning thereby the castern 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 Schell 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 desribed in the prochunation 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 thirty-six 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 Calla- way 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 begin- ning."
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HISTORY OF HOWARD AND CHARITON COUNTIES.
In order that the reader may have a more definite idea of the area of Howard county when originally organized, we will name the counties which have since been taken from its territory, and which were at first a part of Howard : -- Boone, Cole, north part of Miller, Morgan, north parts of Benton and St. Clair, Henry, Johnson, Lafayette, Pettis, Cooper, Moniteau, Saline, Clay, Clinton, DeKalh, Gentry, Worth, Harrison, Daviess, Caldwell, Ray, Carroll, Livingston, Grundy , Mercer, Putnam, Sullivan, Linn, Chariton, Randolph, Macon, Adair, and possibly parts of Shelby, Monroe and Audrain; also the following counties in Iowa : parts of Taylor and Adams, Union, Ring- gold. Clarke, Decatur and Wayne, and probably parts of Luca-, Monroe and Appanoosc.
Although we have named the counties and parts of counties, which originally constituted Howard county, yet a still more perfect idea of its extent, may be formed, when we say that it was an em- pire, presenting an area of nearly 22,000 square miles. It was one third as large as the present State of Missouri and larger than Ver- mont. Massachusetts, Delaware and Rhode Island. Missouri, at that time, had not been admitted into the sisterhood of states. The most prominent denizens who inhabited this vast empire, out of which Howard county was erected, were the buffalo, the antelope, the elk, the deer, and the scarcely less wild Indian, who continued to occupy some portions of it for many years thereafter.
By an act of the legislature, approved February 16, 1825, Howard county was reduced to its present limits, its boundary being defined as follows : " Beginning in the middle of the main channel of the Missouri river, opposite the mouth of Monitau creek ; thence up said creek to the line between townships 48 and 49; thence in a direct line to the northeast corner of township 51, of range 14, west ; thence in a direct line to a point one and a half miles west of the northeast corner of township 52, of range 17, west ; thence in a direct line to a point in the middle of the main channel of the Missouri river, where the line between sections 17, and 20, township 51, range 17, west, intersects the same, and thence down the same, in the middle of the main channel thereof ( varying, however, if necessary, so as to include the first island below the city of Boonville ) to place of beginning. "
The area of the county having been reduced from 22,000 to 463 square miles, it would seem to the casual reader that it had been shorn of much of its power and influence, and that its present limit- were too insignificant to furnish materials for the compilation of an
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HISTORY OF HOWARD AND CHARITON COUNTIES.
important history. It must be remembered, however, that the most noted events in ancient or modern times transpired within the smallest territorial compass. It must also be borne in mind, that sixty-seven years have passed since Howard county began its political existence, attording, therefore, ample time in which to make a history and leave to busy chroniclers an abundant harvest of facts and incidents.
SETTLERS EXECUTED THEIR OWN LAWS.
Previous to January 23, 1816, the settlers of this part of the coun- try had made their own laws and executed them rigorously when oc- casion demanded, which was very seldom. Although the eastern portion of the State had been organized into counties, and the terri- torial laws, by means of the territorial courts, had been extended over them, still the " Boone's Liek country " had not been sufficiently settled to justify its organization and the expense of holding terms of court within its limits.
But even during the war with the Indians the country adjacent to the forts was settled very rapidly, although few ventured to locate, ex- cept near enough to reach the fort at the first approach of danger. So that, at the time of the organization of Howard county, it con- tained a considerable number of settlers, although they lived in what was then called " neighborhoods," so as to be of protection to one another in times of danger from their savage foes.
FIRST CIRCUIT COURT.
The first circuit court of Howard county was held at the house of Joseph Jolly, in Hannah Cole's fort, in what is now known as Cooper county, on the 8th day of July, 1816. Hon. David Barton was the presiding judge, Nicholas T. Burckhartt the sheriff, and Gray Bynum derk. The following named persons composed the first
GRAND JURY.
Stephen Jackson, foreman, Adam Woods, Sr., A-aph Hubbard, John Pusley, Robert Wilds, Davis Todd,
Win. Brown, Robert Brown, John Snethan.
George Tompkins, Isaac Drake,
Wm. Anderson,
Samuel Brown,
Ezekiel Williams, Wm. Monroe, Jr.,
John O'Banon,
James Alexander, Muke Box.
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HISTORY OF HOWARD AND CHARITON COUNTIES.
The attorneys in attendance were Edward Bates, Chas. Lucas, Joshua Barton and Lucius Easton.
FIRST LICENSED FERRY.
The first regularly established ferry by law in the county was kept by Hannah Cole, who obtained a license at this term of the court. The charges fixed by the court as ferriage were as follows : - For man and horse
$ .50
Foot passengers, each .25
Single horse and cattle, per head .25
Each hog, sheep, goat or other four-footed animal .12 1/4
All other articles, per 100 pounds .06 1/4
Each loaded wagon and team of four horses or more, deduct- ing 25e for each horse under four 4.00
For each empty wagon and team of four horses, deducting 25c for each horse under four 3.00
Each loaded cart and team 2.00
Empty cart and team 1.00
Sleds, sleighs and two-wheeled pleasure carriages, exclusive of horse .75
Four-wheel pleasure carriage, exclusive of horse 1.00
The first licensed tavern was kept by Harper C. Davis, in Kin- caid fort.
FIRST ROAD.
The first road laid out by 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 Humphrey Gibson were appointed viewers to make this road.
INDICTMENTS.
The two first bills ( criminal actions ) returned by the grand jury were " United States vs. Samuel Herrall, " " United States vs. James Cockrell," indorsed " A true bill."
ELECTIONS.
The first elections held in the county were held at Head's fort, MeLain's fort, Fort Cooper and Cole's fort. The first civil action was styled " Davis Todd vs. Joseph Boggs."
INCIDENT.
During this term of court Maj. Stephen Cole was fined by Judge
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HISTORY OF HOWARD AND CHARITON COUNTIES.
Barton for profane swearing in the presence of the court. Cole objected to paying the fine, but, supposing that he would be able to retaliate sometime in the future, 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 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 proceedings 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, acknowledging that he had been beaten at his own game.
RATE OF TAXATION.
The following order made by the circuit court in 1816, shows 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 cach horse, mare, mule or ass above 3 years old .25
On all neat cattle above 3 years old . .0614 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 years .50
For each billiard-table . $25.00
On every able-bodied 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-vards and distilleries in actual operation 40 cents on every $100 valuation."
EARLY SUIT.
Among the early suits we find the following, which we copy, be- cause of the peculiar and ancient contract upon which the suit was instituted : -
Wesley G. Martin vs. In debt.
Ezekiel Williams, Braxton Cooper and Morris May.
The defendant, by M. MeGirk, their attorney, comes into court and defends the wrong and injury, and craves oyer of the said writ- ing obligatory mentioned in the said plaintiff's declaration, which was read to them in the following words, to-wit :
" JULY 21TH, 1814.
" On our arrival at the post of Arkansas, we. or either ofus. " promise to pay, or cause to be paid unto Fraceway Licklier or his
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HISTORY OF HOWARD AND CHARITON COUNTIES.
" assigns, the just and full sum of three hundred dollars, it being for
" his services to the above place, as witness our hands and seals. EZEKIEL WILLIAMS, [SEAL. ]
BRAXTON COOPER, SEAL. ]
MORRIS MAY." [SEAL. ]
FIRST DEED RECORDED.
The following was the first deed placed on record in Howard county : -
. Know all men by these presents that I, Joseph Marie, of the county and town of St. Charles, and territory of Missouri, have this day given, granted, bargained, sold and possession delivered unto Asa Morgan, of the county of Howard, and territory aforesaid, all the right, title, claim, interest, and property that I the said Joseph Marie have or may possess or am in anywise legally or equitably en- titled to in a certain settlement right on the north side of the Mis- souri river, in the aforesaid county of Howard, near a certain place known and called by the name of Eagle's Nest, and lying about one mile, a little west of south from Kineaid's Fort, in the said county of Howard, which said settlement was made by me sometime in the year 1800, for and consideration of value by me received, the receipt whereof, is hereby acknowledged, and him the said Asa Morgan for- ever discharged and acquitted. And I do by these presents, sell, transfer, convey and quit-claim to the aforesaid Asa Morgan all the claims and interest which I might be entitled to either in law or equity from the aforesaid improvement or settlement right, together with all and singular, all the appurtenances unto the same belonging, or in anywise appertaining to have and to hold free from ine, or any person claiming by or through me.
In testimony whereof, I have hereunto set my hand and seal, the 13th day of April, 1816. JH. MARIE. [SEAL. ]
Signed, sealed and delivered in presence of Urh. 1. Devore, A. Wilson.
SECOND DEED.
"To all to whom these presence shall come greeting : - Know ye that we, Risdon II. Price, and Mary, his wife, both of the town and county of St. Louis, and territory of Missouri, for and in considera- tion of the sum of four thousand eight hundred dollars, lawful money of the United States to us in hand before the delivery of these presents well and fully paid by Elias Rector, of the same place, the receipt whereof is hereby acknowledged and thereof, we do hereby acquit and discharge the said Elias Rector, his heirs and assigns forever. Have given, granted, bargained, and sold, and do hereby give, grant, bar- gain, and sell unto the said Elias Rector, his heirs and assigns forever, subject to the conditions hereinafter expressed, one certain tract and parcel of land, containing one thousand six hundred arpens, situato in the county of Howard, in the territory of Missouri, granted origin-
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HISTORY OF HOWARD AND CHARITON COUNTIES.
ally by the late Lieutenant-Governor Charles Dehault Delassus, to one Ira Nash, on the 18th day of January, 1800, surveyed the 26th day of January, 1804, and certified on the 15th day of February, of the same year, reference being had to the record of said claim in the office of the recorder of land titles for the territory of Missouri, for the con- Cession and forthe boundaries thereof as set forth in and upon the said certificate or plat of survey thereof will more fully, certainly and at large appear, and which said survey is hereto annexed and makes part and parcel of this deed, and being the same tract of land which the said Risdon II. Price claims as assigned of the sheriff of the county of St. Charles, who sold the same as the property of said Ira Nash, a. by deed thereof dated the 5th day of October, 1815, reference thereto being had will more fully and at large appear.
To have the said granted aud bargained premises with the appur- tenances and privileges thereon, and thereunto belonging unto him, the said Elias Rector, his heirs and assigns forever. And it is hereby declared to be the agreement, understanding and intention of the parties aforesaid, that should the said tract of land be finally rejected by the United States within three years from this date, or should the same not be sanctioned and confirmed by the goverment of the United States, at or before the period last mentioned, or in case the said Elias Rector, bis heirs, executors, administrators, or assigns shall by due process and judgment at law, be evicted, dispossessed and definitely deprived of said traet of land, then and in that case, the said Risdon H. Price, his heirs, executors, or administrators, shall only pay or cause to be paid to the said Elias Rector, his heirs, executors, adminis- trators or assigns, the said sum of four thousand eight hundred dollars, lawful money of the United States, with the lawful interest thereon, at the rate of sis per centum per annum, from the date of this deed, until the time of such rejection, not being sanctioned as aforesaid, or until such eviction as aforesaid, with the legal costs upon such suit or suits at law, and which shall be in full of all damages under any cov- enants in this dead, and if such claim shall be rejected as aforesaid or not confirmed as aforesaid, or in case the said Elias Rector, his heirs, executors, or assigns. shall be evicted therefrom as aforesaid, that then, and in either of these cases, the said Elias Rector, his heirs, executors or assigns, shall .by proper deed of release and quit-claim, transter to said Risdon II. Price, his heirs, executors, administrators and assigns, the claim of said Elias Rector, his heirs, executors and assigns to the said premises at the time of receiving the said consid- eration money, interest, and costs aforesaid.
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