History of Jackson County, Missouri, Part 17

Author: Hickman, W. Z
Publication date: 1920
Publisher: Topeka : Historical Publishing Company
Number of Pages: 976


USA > Missouri > Jackson County > History of Jackson County, Missouri > Part 17


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Section VI. The oath to be taken, as aforesaid, shall be known as the oath of loyalty, and shall be in the following terms :


"I, A. B., do solemnly swear, that I am well acquainted with the terms of the third section of the second article of the constitution of the State of Missouri, adopted in the year eighteen hundred and sixty-five, and have carefully considered the same, that I have never directly or indirectly done any of the acts in said section specified; that I have always been truly and loyally on the side of the United States against all enemies thereof, foreign and domestic; that I will bear true faith and allegiance to the United States, and will support the constitution and laws thereof as the supreme law of the land, any law or ordinance of any state to the contrary, nothwithstanding; that I will to the best of my ability protect and defend the Union of the United States and not allow the same to be broken up and dissolved, or the government thereof to be destroyed or overthrown under any circumstances, if in my power to prevent it; that I will support the constitution of the State of Missouri, and that I make this oath without any mental reservation or evasion, and hold it to be binding on me."


Laws were passed authorizing the appointment of registering officers and the governor by virtue of said laws appointed registering officers throughout every county in the state. The officers appointed for Jackson County gave notice as follow :


"REGISTRATION NOTICE.


The several registering officers appointed to make registers if the qualified voters in the several election districts of this county, will be in session for the purpose of registering all persons entitled to register as voters, in their respective districts from 8 o'clock a. m. to 6 o'clock p. m. on each and every Saturday between the twentieth day of Sept., 1866, and the fifteenth day prior to the sixth day of Nov., 1866, said Saturdays being the 22nd and 29th days of Sept., 1866 and the 6th, 13th and 20th


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days of Oct., 1866, at the usual place of voting in each election district of said county as follows :


At Independence, Blue township, 1st election district.


At Sibley, Fort Osage township, 2nd election district.


At the Baptist church, Sniabar township, 3rd election district.


At Lone Jack, Van Buren township, 4th election district.


At the school house, near James Wilson's, Prairie township, 5th elec- tion district.


At Hickman's Mill, Washington township, 6th election district.


. At Westport, in part of Kaw township, 7th election district. At the court house, Kansas City, 8th election district.


At Metropolitan Hall, McGee's Addition, 9th election district.


Pursuant to that notice the men of Jackson County began to register. Among them were men who had been pioneers of the county and had come from other states, and made for themselves homes in Jackson County. A great many of them had belonged to the Whig party before the Civil War and were staunch Union men, but owing to the depre- dations of men from Kansas and other states, wearing the uniforms of Federal soldiers, whether legally enlisted or not, began making raids through the county and burning and robbing indiscriminatingly. Such actions aroused the opposition of the younger men of the county and made them very hostile to the perpetrators of such deeds. As a consequence a great many of them enlisted in the Confederate army, others joined the "bushwhackers" and were of course driven from home. Whilst their fathers were Union men and were in full sympathy with the United States government they could not control the actions of their sons. They, as American citizens and citizens of Missouri, applied for registration and qualification as legal voters. The board of registering officers met in Independence as a board of appeals to pass upon the qualifications of all such men. If any person had objections against such men, they filed them with the board and the board would hear their case and decide whether or not his name should be allowed to remain on the list of legal voters. The session of the board was held in the circuit court room in the city of Independence, and is the same room now occupied for that pur- pose. During the sitting of said board, the court room was crowded to its utmost capacity with the men who had been objected to, their friends and neighbors and sons. One of the members of said board was a Cap- tain Byrnes. a man who had lately come into the county from some of the far eastern states and had been appointed on the board. A few days


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previous, some one had gone before a magistrate and filed a complaint against Captain Byrnes for assault and battery. A capias for his arrest had been issued, upon said charge, and placed in the hands of L. W. Swearingen, who was then constable of Blue township. Mr. Swearingen had been a Federal soldier and was a high minded, honorable, brave man. A man that would do his duty under any and all circumstances. He came unto the court room while the board was in session, walked up to Captain Byrnes and whispered to him that he had a capias for his arrest and asked if he would submit to arrest and go quietly with him. Captain Byrnes turned to the sheriff and ordered him to put Swearingen out of the room. Swearingen again asked, "Will you go with me quietly?" Byrnes replied that he would not. Swearingen immediately caught him by the collar with his left hand and jerked him backward over the chair on which he was sitting. As he did so, he drew his own revolver with his right and cocked it and replied, "I'll see that you do go." At sight of the revolver in the hands of Swearingen, the crowd immediately ex- pected to see firing commenced. In the room were a great many of the men who had seen service in the Confederate army. They were all armed with one or two six-shooters apiece and they immediately began to draw theirs, expecting serious trouble. Those who were unarmed broke for the door and went out like rats deserting a sinking ship. In an instant there must have been from fifty to one hundred revolvers drawn and the click from the men cocking them, sounded like a box factory. As soon as Byrne could recover his feet, he stood up and said to Swearingen, "Yes, I'll go with you now." The sight of so many drawn revolvers worked a change in his feelings and he submitted quietly to arrest and went out with Swearingen.


At that time there were camped in the western part of the town a company of United States soldiers, who had been sent here for some pur- pose, no one knew for what, unless it was to help control the election. A young man in the street, who saw the crowd come rushing through the court house and rode furiously down the street to the camp and told the captain there was a riot at the court house and he must come immediately. The captain hurriedly collected his men and they came on the double quick to the court house as fast as they could come. The day was hot and when the men reached the court house they were all very hot and tired. By that time the court house had been entirely cleared and everything was peaceable. Men were standing around the court house yard in small groups talking and laughing with no sign of a riot. The captain was mad that he and his men should have been called to make such a run for


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no cause and he remarked that he was not here in the interest of politics nor politicians, but to keep peace and as every thing seemed peaceable, he saw no reason for his interference. He took his men and immediately returned to camp. The effect of this episode on the registration board was wonderful. The action of the men had convinced the board that they would stand for no foolishness, but the law should be complied with and men should have a fair hearing. That day's work broke the spirit of the Republican party of Jackson County. A great many of them were new comers into the county and had not been residents of the state of Mis- souri long enough to make them legal voters, and they thought it would be a dangerous proposition to mix in the matters in which they did not have a voice in controlling.


Fortunately the cooler heads prevailed and prevented any bloodshed, for as soon as the older men began to see the younger men drawing the pistols they began to counsel them not to be hasty and not to use them unless they had to. That was the wisest of counsel, for had there been a single shot fired, there is no telling how many men would have been killed and wounded.


CHAPTER XVI


PIONEER TIMES


A PIONEER'S EQUIPMENT-THE BROADAX-JAMES SHEPHERD, PIONEER-"PETER AND SAM"-CUTTING WOOD-JUDGE HICKS.


When the old settler decided to stop and make a home, he needed tools to work with. First he needed his rifle and ammunition to kill game for his meat, a broad axe, a chopping axe, a grubbing hoe, a few cooking utensils, a shovel, plow and a few small tools such as augers of different sizes, a hatchet, hand saw and a few files, etc.


The broadaxe, with its crooked handle, with which to hew the logs to build his cabin and what few outbuildings he needed. As soon as the boys of the family got large enough to handle the broadaxe, he was taught the art, for it was an art to dress the logs down to a smooth surface on at least two sides, and the other side also if it was necessary to make them fit.


One, James Shepherd, came to Jackson County from Virginia in 1824. He brought a family of slaves with him, and like the rest, the men had been taught the use of the broadaxe. Among his slaves were two brothers, named Peter and Sam, and as the custom was in those days, they took the name of their master, hence they were known as Pete and Sam Shepherd. They were both powerful men and were known as about the strongest men in the country, either white or black. When the contract was let for the building of the first court house at Independence, the contract went to Mr. Shepherd and Sam hewed the logs. Most of these logs can be seen now in the old building standing on the rear of the city hall lot as a mark of his handicraft.


Mr. Shepherd died about 1853 or 1854 and when his slaves were sold for the purpose of dividing the estate among his heirs, Sam was bought


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by Edwin A. Hickman, who then owned what is now Fairmount Park and on which there was a combined grist and saw-mill. In addition to run- ning the mill, Mr. Hickman farmed also. Mr. Lewis Jones, one of the early settlers had built a hotel at the northwest corner of the square where Watkins' Music Store now is located and had named it the "Neb- raska House". He conceived the idea of having a huge sign painted and put up. He went to Mr. Hickman and asked if he could hire Sam to hew a big post for him on which to put his sign. Mr. Hickman replied that he could. Mr. Jones then began inquiring to find the tallest straight white oak tree that he could get. He finally found one nearly 30 feet high, perfectly straight, without knots. He had it cut and brought it to town and sent for Sam. When Sam came, Mr. Jones said to him, "Now Sam, I want this log hewed to a six sided post and I don't want the marks of an axe left on it. If you do a first class job, I will make you a present of a nice hat and pair of shoes, when it is done, and I will go to the bar keeper in there and tell him if you want a few drinks while you are at the job, to let you have what you want and not to charge you anything for it." It was a big job to score the log down to where he was ready to commence. I do not know just how many days Sam was at it, but there was hardly a moment of time from the time that he commenced until he finished that there was not a crowd of from fifty to one hundred people watching him work. When it was finished, Mr. Jones had a heavy square frame made and morticed into the top of the post. It was then set just inside of the curb at the southwest corner of the hotel. He then had his sign made, just large enough to swing inside the frame nicely, upon one side of the sign he had the picture of a huge buffalo and on the other side the picture of an Indian painted. When finished, the sign was the admira- tion of every one and especially all the small boys and girls in town. The sign swung in the breeze until after the close of the war, although the paint had all wasted and faded off, long before. The hotel passed into other hands and the late Preston Roberts, who had bought the old Ralston farm just west of Independence bought the old post and had it taken up and sawed into proper lengths for ordinary gate posts and had them reset out on the farm where they were to be seen for many years after- ward.


It was as a child, sitting out in the negro quarters on long winter nights, that I listened to Sam tell of his early life, when he first came to this country.


The black man was taught the use of firearms then, so that he could


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be depended on to get game or fight Indians, as the case might be. For three years after Mr. Shepherd came, the only meat they had was wild game. The woods were full of deer, wild turkeys, prairie chickens, wild geese, quail and squirrels. They would kill the deer in the winter and salt it away for summer use. They would rarely kill turkeys or prairie chickens during the nesting season. The wild geese would go north to the breeding grounds in the summer and not return until late in the fall. The prairie chickens would go out south of town to the open prairie country for their nesting, and in the fall gather into great flocks and feed on the wheat and cornfields if they could find them.


In an early day, salt was found in Saline County and the water had to be boiled out of it, and it took a great deal of wood to do the boiling. Mr. Shepherd used to hire Sam and Pete out to the salt makers to cut cord-wood during the winter months. They were both experts with an axe and in ordinary timber they considered cutting four cords of wood each day only a fair day's work. Sam told me once that the only man that he ever saw that could beat him cutting wood was Judge Russell Hicks.


Hicks drifted into Saline County from where, no one heard him say, for when asked where the was from, his unusual answer was, "It's none of your business, Sir, where I am from." He would cut wood all day and then gather dry hickory bark and wood, make a fire, lie down and read law by the light of the fire. In that way, he made his start as a lawyer and he became one of the ablest lawyers of this western country. He located in Independence about 1828, and the first record that can be found of him was as a deputy clerk of the county court under Samuel C. Owens. He soon built up a good law practice and began to buy land. At one time he owned about 1,600 acres in Van Buren township, around where Hicks City now stands. He owned a good many slaves and depended upon them to run his farm while he was away. He was elected judge of the circuit court when this district was comprised of half a dozen or more counties. It was the custom then for judge and lawyer to travel on horse- back from one county seat to another and they would sometimes be away from home for a month at a time.


Like almost every thing else that is done by proxy, Mr. Hicks' farm- ing operations were not very successful. It is told that once a friend said to him, "Judge, how are you getting along farming?" He replied, "It takes about all that lawyer Hicks can make to keep farmer Hicks from starving."


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The Judge was a very peculiar man in disposition. He was never known to laugh and seldom smiled. He despised women, children and dogs. He was never married and would not speak to a woman if he could avoid it. He was always very abrupt and positive in his speech and never used any more words than he had to and then always to the point. The judge had one besetting sin. He was a periodical drinker. He would go for months and never take a drink of liquor, then he would start in and never let up until "John Barleycorn" would lay him so low that he could go no further, then he would call in a doctor to straighten him up.


On the bench he was rigid with everybody. Lawyers, jurors, officers and all, but, at all times, just. He was holding court at Harrisonville, when an old law partner of his, J. Brown Henry, of Independence, was trying a case. Some dispute arose as to the admission of certain evi- dence in the case and Mr. Henry differed with his honor to such an extent that he retorted rather hotly. The judge turned to the clerk of the court and said, "Mr. Clerk enter up a fine of $20 against. Mr. J. Brown Henry for contempt of court." Mr. Henry immediately with all the politeness of a dancing master, replied, "Your Honor, you know that I am a long ways from home and don't happen to have that much money with me, and I don't want to lay out the amount of the fine in jail, and will you be kind enough to loan me that much money to pay it with?" Not a muscle of the judge's face changed. He turned to the clerk and said, "Mr. Clerk, enter up an order remitting the fine of J. Brown Henry, just assessed against him for contempt of court, the State of Missouri is more able to lose it, than I am." It was a closed incident and neither of them ever spoke of it afterwards and it made no difference.


When Judge Hicks was on the bench there was a law of the State of Missouri that made it a capital offense for a slave to attack a white women. A negro man of Saline County had been indicted under that law and was to have been tried at Marshall. The judges went there, opened the court and ordered the sheriff to summon a jury for the purpose of trying him. The jury was called, examined and sworn to try the case according to law. The completion of empanelling and swearing in the jury was com- pleted just at noon and put in charge of the sheriff with instructions to them to be back at one o'clock to proceed with the trial. The judge walked to the hotel for his dinner and while the deputy sheriff was taking his prisoner back to jail to give him his dinner a mob quickly took the prisoner from the deputy and hung him to a tree in the court house yard.


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When the judge learned of what had been done he was wild with indignation. He went to the court house, mounted the steps and made them a speech. He called them everything his mind could think of that was low down, cowardly and mean and wound up by shouting, "If God Almighty will give me strength to ride out of Saline County today, I will solemnly swear I will never put my feet in the d-d dirty place again." He went to the hotel and paid his bill and to the livery stable, got his horse and rode to the nearest telegraph office and wired his resig- nation to the governor. He kept his vow and never entered Saline County again, as long as he lived, although frequently asked to take cases there. Financial disaster overtook him during the Civil War. His slaves were freed, his stock stolen and his farm buildings destroyed. He died at Warrensburg almost penniless, about the year 1875, and when he died, another one of the strong men that had helped to subdue the wilderness passed away.


CHAPTER XVII


-


OLD SETTLERS OF JACKSON COUNTY


FIRST MEETING IN 1871-FIRST PAPER READ-A MEETING IN MARCH. 1872- MEMBERSHIP-REUNION AT INDEPENDENCE-ATTENDANCE - PROGRAM - DANIEL MORGAN BOONE-ADDRESSES BY W. H. WALLACE, GEORGE C. BING- HAM, JOHNSON LYKINS-PRIZES AWARDED-RECOLLECTIONS BY J. C. McCOY -MEMBERS PRESENT-"OLD SETTLERS" BY MARTIN RICE-OLD PERSONS PRESENT-RE-REGISTERED LIST.


The old settlers of Jackson County held a meeting in Kansas City, Dec. 30, 1871. It was called to order by Dr. Lykins, and Walter Bales was made chairman and Daniel Geary secretary. On motion of Col. R. T. Van Horn, the settlers of 25 years proceeded to organize the "Old Set- tlers Historical Society of Jackson County." The following names, with date of residence, were then recorded : David Dealy, Feb., 1823; John R. Swearingen, March 6, 1825; John Majors, March 6, 1825; settled in Lafayette County in 1819; Thomas Pitcher, Nov. 10, 1826; William Mul- key, 1826; Mobillon W. McGee, 1827; William Dealy, Feb., 1823; Walter Bales, Oct., 1831; John C. McCoy, Aug., 1830; Johnston Lykins, July 8, 1831; Samuel Campbell, Nov., 1834; William O. Shouse, Oct. 25, 1837; Ansel Collins, April, 1834; Levi W. Bradley, Dec. 17, 1833; John W. Polk, 1838 ; Lucius Carey, 1840; Major H. Alley, Dec., 1844; Frances M. Alley, Dec., 1844; Wallace Smith, Oct., 1841; James H. McGee, born in county 1837; William Bales, born in county Dec. 28, 1834; John C. Evans, born in county April 28, 1833; John L. Dealy, born in county Aug. 26, 1845; Daniel Dealy was elected president; Dr. Johnson Lykins, vice-president; and John C. McCoy, recording and corresponding secretary.


- FIRST JACKSON COUNTY COURT HOUSE. BUILT IN 1827. RECENTLY REMOVED FROM ITS ORIGINAL SITE TO CITY HALL, INDEPENDENCE.


CITY HALL, INDEPENDENCE, MO.


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A resolution was adopted that any citizen of twenty-five years' resi- dence could become a member of the society by subscribing his name to the roll.


On motion of John W. Polk, the editor of each newspaper in Jackson and adjoining counties were voted honorary members of the society.


The following resolutions were then adopted :


Resolved, That the officers of this society be, and they are hereby authorized, to take such steps as may be necessary to the permanent or- ganization of this society under the laws of Missouri and all such other action as may be necessary to the permanent organization of this society and carrying out of the object of the same, viz: the collection and pre- servation of the history of the settlement of Jackson County and western Missouri, its preservation and compilation.


Resolved, That the secretary be authorized to keep the list of mem- bers open for the enrollment of the names of those desiring to become members, and who come within the rule prescribed-a residence of twenty- five years-at any time, and all such are hereby made members of this society.


Resolved, That the President or Vice-President and Secretary shall have authority to call meetings of this society at any time and that six members shall constitute a quorum to do business.


Resolved, That John R. Swearingen be appointed Assistant Secre- tary at Independence, to receive the names of members and perform all the duties necessary for the eastern portion of the county, in the same manner as the regular Secretary.


R. T. Van Horn, John W. Polk, John C. Groom, Kersey Coates and Theodore S. Case were appointed a committee at that meeting to draft a constitution and by-laws for the society. After some other business by the society a paper was read by John C. McCoy.


THE FIRST PAPER READ BEFORE THE OLD SETTLERS HISTORICAL SOCIETY.


This first paper was by John C. McCoy and is worthy a place in the lasting records of Jackson County: My Old Friends and Neighbors : You will agree with me, I think, that it is eminently right and proper for us to have occassionally a social friendly gathering of as many of the few remaining survivors of the first settlers of this favored region as can make it convenient to meet together, where we may interchange friendly greetings and recall almost forgotten memories of incidents and persons once familiar in "Aul Lang Syne," and at these meetings, like stand points


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or mile stones by the roadside in life's journey, look back along the track of our past journey. A retrospect down the long dim outline of our past pilgrimage will doubtless be reflected with shadows and sunshine, with dark clouds and clear sky-will recall many long forgotten incidents and memories, some of them casting a shadow of sadness and gloom, and many of them lighted up with the joys and blessings of other days. From half a century to three score years and ten (and some even longer) have we been steadily borne onward as we hope toward a better land.


Not inappropriately might we compare a few venerable survivors like a few scattered trees of the old primeval forest, scattered by the storms and covered by the frosts of many winters, one after another their companions have lost their verdure, withered and have fallen, but what a vigorous dense growth has taken their place, what a wonderful trans- formation has the face of nature undergone within the recollection of us all. .


Those of us who, during the past half century have been eye witnesses of the gradual but rapid development of this goodly land, can appreciate the change. In early youth we removed to and settled in a country uni- versally known over the continent as the "Great West." We have until today remained citizens of this region, but are to-day citizens of the "Great Center." All of the vast territory almost unknown and untraveled, lying from the Mississippi westward to the Pacific ocean, was once known as the "Great West." Towns, steamboats, postoffices and children were named "Far West," in honor of that wonderful country. Persons hailing from that far-off country were regarded with peculiar interest in the old states as travelers from a distant land, and in the hall of Congress and in deliberative assemblies they were addressed as "gentlemen from the Far West,"-but where is that famous land to-day ?- even the name is unused and unknown.




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