USA > Missouri > Scotland County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 24
USA > Missouri > Lewis County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 24
USA > Missouri > Clark County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 24
USA > Missouri > Knox County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 24
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267
STATE OF MISSOURI.
Township comprised all the territory within the present county limits, lying north of the line dividing Townships 65 and 66 north.' Des Moines Township adjoined the former on the south, and contained all of Township 65 north. It also embraced all that portion of Township 64 north, which lies north of Sugar Creek. Jackson Township embraced all the balance of the terri- tory of the county, as it is now composed, lying south of Des Moines Township.
The county was organized in accordance with the following act of the General Assembly of the State, entitled, " An act to organize the County of Clark. Approved December 16, A. D., 1836:"'
SECTION 1. All that territory attached to the county of Lewis and lying within the following boundary, to wit: Beginning at the northeast corner of the county of Lewis, on the Mississippi river, thence west with the north boundary line of the county of Lewis to the corner of sections eighteen and nineteen on the range line between ranges nine and ten in township sixty-three north; thence north with the range line between ranges nine and ten until the same strikes the north boundary of the State; thence east with said north bound- ary line of the State to the middle of the main channel of the Des Moines river; thence down the middle of the main channel of the river Des Moines to the middle of the main channel of the Mississippi river; thence down the main channel of the Mississippi river to the point of commencement, is declared to be a separate and distinct county, to be called Clark, in honor of Gov. William Clark .*
SEC. 2. James Armstrong and Walter Briscoe, of the county of Lewis, and John W. Long, of the county of Shelby, are appointed commissioners to select a permanent seat of justice for said county, and are vested with all the powers and duties granted or imposed by the Act entitled, "An act to provide for organ- izing counties heretofore established," passed at the present session of the Gen- eral Assembly, and said commissioners shall, in all things, proceed according to the provisions of said act.
* William Clarke, an American soldier, born in Virginia August 1, 1770, died in St. Louis Mo., September 1, 1838. In 1784 his father removed to Kentucky, and settled on the present site of the city of Louisville. Young Clarke early became acquainted with Indian warfare, and at the age of eighteen, he was appointed ensign, and went into active service, and on March 7, 1792, he became a lieutenant of infantry. Appointed adjutant and quartermaster in 1793, he served until 1796, when he resigned on account of ill health. He soon after took up his residence in St Louis, and in 1803 was appointed by President Jefferson, second lieutenant of artillery, with orders to assume, in connection with Capt. Merriwether Lewis, the command of an exploring expedition across the Rocky Mountains to the mouth of the Columbia, which left St. Louis in March, 1804. Clarke was the principal military director of the expedition, while he also rendered material assist- ance to Capt. Lewis. in the scientific arrangements. It was to his consummate knowledge of Indian habits and manners that the expedition owed its success. He was promoted to the rank of first lieutenant in 1806. The nomination of lieutenant-colonel, offered him by the Government, was negatived by the Senate, and, resigning February 27, 1807, he officiated as Indian agent till he was appointed by Congress brigadier-general of Upper Louisiana. In 1813 President Madison appointed him governor of the Missouri Territory, which post he held until the organization of Missouri as a State, in 1821, when being nominated against his consent for governor of the State, he was defeated. In May, 1822, President Monroe appointed him superintendent of Indian affairs, which office he held until his death .- American Encyclopedia. The General Assembly in naming the county in honor of Gov. William Clarke, ommitted the final " e " in his name, and consequently the name of the county has ever since been spelled "Clark."
268
HISTORY OF CLARK COUNTY.
SEC. 3. The governor shall appoint three competent persons, resident citi- zens of said county, to act as county court justices for said county, and one competent resident citizen to act as sheriff, who shall hold their offices until the next General Assembly, and the persons so appointed shall exercise all the powers and authorities, and receive the same fees that by law are provided for their respective offices.
SEC. 4. The terms of the county court shall be held as prescribed by the existing law, and the several courts shall have power to appoint their clerks, who shall hold their offices until the next general election, and until their suc- cessors are duly elected and qualified.
SEC. 5. The temporary seat of justice for said county shall be at the house of John Hill, and the several courts shall be held at said Hill's, with power to adjourn to a more convenient point, until the permanent seat of justice is estab- lished by law.
SEC. 6. Said commissioners shall meet at the house of Obediah Colly, on the last Monday in March next, and if, from any cause, said commissioners shall fail to meet at that time, they shall be at liberty to meet at any subsequent time. If from any cause any of said commissioners fail to act, said remaining commis- sioner or commissioners shall appoint some person to fill the vacancy, and if all should fail to act until the first of June next, the county court shall select others to act as commissioners. This act to be in force from and after the passage thereof.
THE FIRST BOARD OF JUSTICES.
This error probably arose from the fact that on the 15th of December, 1818, when the territory now comprising the State of Arkansas formed a part of the Territory of Missouri, the Legis- lature of the latter passed an act creating the county of Clark in what is now the State of Arkansas. (See Territorial Laws of Missouri, Vol. I., page 589.) In accordance with Section 3 of the act creating the county, the Governor of the State appointed John Taylor, Thaddeus Williams and Robert McKee, residents of the county, to act as county court justices, and Uriah S. Gregory, also a citizen of the county, to act as sheriff. On the 10th of April, 1837, these gentlemen met at the house of John Hill which was about three miles southwest of St. Francisville, and organized the first county court, by electing John Taylor, president, and Willis Curd, clerk thereof. Thus the organization of the county was completed. The first action of the court was to grant a license to William Bedell to keep a grocery on his farm at Sweet Home for the ensuing twelve months, upon his payment of $5 for State purposes, and the same amount for county purposes.
* In regard to the organization of the county. Switzler's History of Missouri says that "Clark County was organized December 15, 1818," and Campbell's Gazetteer of the State says that "the county was organized under the territorial laws in 1818, and re-organized in December, 1836." This alleged organization of the county in the year 1818 is an error. Counties are not organized without inhabitants, and there were none here at that date, except Indians.
269
STATE OF MISSOURI.
License was also granted to Richard Small, at St. Francisville, for the same purpose and upon the same conditions. The court then ordered elections to be held in the several town- ships on the 6th of May, 1837, for the purpose of electing two justices of the peace in each of said townships. The elec- tion for Jefferson Township was to be held at the house of Will- iam Phelps, and Dabney Phillips, William Clark and William Bedell were appointed judges. The election for Des Moines Township was to be held at the house of Addison King in St. Francisville, and John Billings, Franklin Levering and John Bryant were appointed judges. The election for Jackson Town- ship was to be held at the house of John W. Lewellen, and he and George K. Biggs and Joseph Higbee were appointed judges. The court then appointed Robert Taylor, assessor for the county. Taylor then filed his official bond in the sum of $250 with John Hill and Alexander Waggener as sureties, and assumed the duties of his office. He was subsequently allowed for his services, in assessing the taxable property of the county for the year 1837, the magnificent sum of $28. License was then granted to Alex- ander Waggener to keep a ferry for twelve months, across the Des Moines River from Section 14-66-7, and the rates of ferriage were established as follows:
For a wagon and four horses $1.00
For a wagon and two horses. .75
For a cart and oxen. .50
For a man and horse. .25
For a footman.
.12}
For neat cattle, per head. .06₺
For sheep and hogs, per head. .03
For carriages, per each wheel. .12}
Upon the same conditions license was also granted to Jere- miah Wayland to keep a ferry across the Des Moines at his place at Fort Pike.
THE COUNTY SEAT.
Two of the commissioners appointed by the second section of the act creating the county, James Armstrong and Walter Brisco, of the county of Lewis, met at the house of Obediah Colley, and proceeded to the selection of a site for the seat of justice; but being misinformed as to date, they met one week before the time spec-
.
270
HISTORY OF CLARK COUNTY.
ified in said act for their meeting. Not being then aware of this error, they visited several points in the county, and finally selected a site on the farm of Justice Ensign, directly in front of the house, where Oscar F. Ensign now resides, in Section 15, Town- ship 65 north, Range 8 west. Afterward at the first term of the circuit court for Clark County, which was held in April, 1837, they made a report of their proceedings, and upon examination of the matter, the court found " that said report was not accom- panied with any evidence that said commissioners were duly ap- pointed and qualified as such for the purpose aforesaid, or that they had acted in conformity with the provisions of the law," and therefore said report was rejected. Following this action, the county court at its term held in the same month, appointed Stephen Cleaver, of Ralls County, Obediah Dickerson, of Shelby County, and Micajah J. Noyes. of Pike County, as commissioners to locate the county seat of Clark County. The next term of the county court was held in May following, at the house of Joseph McCoy, which was about three miles east of Waterloo. At this term the said Joseph McCoy was appointed first treasurer of the county. He gave his official bond in the sum of $500, and assumed the duties of his office. At the following June term of said court, license was granted to John Dedman, to keep a ferry for twelve months, across the Mississippi at the mouth of the Des Moines, upon his paying into the treasury $10 for State purposes, and a like sum for county purposes. He was author- ized to charge and collect the following rates of ferriage:
For a four-horse wagon and team. $4.00
1 For a two-horse wagon and team. 1.50
For a dearborn and horse. 1.00
For a man and horse.
For a footman. .25
.50
For a horse, mule or jack. .25
For cattle, per head. .25
For hogs, sheep and goats, per head. .12}
The returns of the election held, as per order of the court, on the 6th of May, 1837, were then made to the court, where- upon it was found that Simeon Conway and Melgar Couchman had been elected justices of the peace for Jefferson Township, and George M. Mason and David Hay for Des Moines Township, and
271
STATE OF MISSOURI.
R. W. Marshall and Granville Draper for Jackson Township. This was the first public election held in the county of Clark, and these were the first justices elected. Elections, however, had previously been held in these townships while they belonged to Lewis County, mention of which has already been made.
In response to a petition of citizens, the court then (June 1837) established Washington Township within the following boundary, to wit: Beginning at the southwest corner of said county, thence east on the southern boundary thereof to where said boundary line intersects the meridian line passing through the middle of Range 8 west; thence north along the sectional line in the middle of said range to the ridge between the south fork and the middle fork of Fox River; thence following the course of said ridge to the western boundary of the county ; thence south to the place of beginning. An election was then ordered to be held in said township on Monday, July 3, 1837, at the house of George Combs, for the purpose of electing two jus- tices of the peace. The election was accordingly held, and George G. Wilson and Thomas Hanan were elected as such jus- tices.
The commissioners appointed by the county court to locate the permanent seat of justice, met and selected the site of the village of Waterloo, as such seat of justice. And for the consid- eration of $1 they procured title for the county from John H. Alexander, and Sarah, his wife, by a deed dated June 17, 1837; for four acres of land and seventeen vacant lots in said village of Waterloo, it being in the northeast quarter of Section 9 -- 65-7. They also for a consideration of $1 procured title for the county, at the same time from Whiting Johnson and Mary Ann, his wife, for sixty-seven and nineteen hundredths acres of land in said Section 9, adjoining the town plat of Waterloo, and seventeen vacant lots in said town. The said commissioners reported their proceedings to the county court, at the August term, 1837, and thereupon the court ordered that after the 8th day of said month their sessions should be held at Waterloo, the seat of justice. Samuel D. South was then appointed commis- sioner for the county seat, whereupon he gave bond for the faithful performance of his duties, in the sum of $10,000, with
272
HISTORY OF CLARK COUNTY.
W. O. Peake, U. S. Gregory and Thaddeus Williams, as sureties. He was then ordered to lay out the county lands at Waterloo into town lots, with the two main streets-one running east and west, and the other north and south-eighty feet in width, all other streets sixty-six feet in width, and all alleys twenty- five feet in width. It was then "ordered that he should sell no lot for a less sum than $25, and that he sell two and skip one." A merchant's license was then granted to Messrs. Lyon & Garnes, upon condition that they pay into the treasury $10 for State purposes, and a like amount for county purposes. At the special term of said court held August 31, 1837, Commissioner South " produced a plat of an addition to the town of Waterloo, for the county seat of said county." In September, following, the county court met at the house of Robert Taylor, and adjourned from there to the house of Isaac Roberts. An allowance of $50 each was then made to Stephen Cleaver, Obediah Dickerson and Michael J. Noyes for their services as commissioners in locating the county seat. Samuel D. South, commissioner of the county seat, then reported that he had sold county town lots to the amount of $4,086, one-fourth of which he had received in cash payments, amounting to $1,021.50, which sum, after deducting $323.35 as expenses, he paid into the county treasury.
Joseph McCoy was appointed superintendent of the building of the first courthouse, and at the special October term, 1837, of the county court, he submitted a plan, which was approved, for the building of said house. He was then instructed to let out the job of building the courthouse on Saturday, November 11, 1837. At this term Thomas C. Rutherford was appointed the first surveyor of the county. The next month the court allowed John Taylor and Robert McKee each the sum of $30 for their services as county court justices, and Thaddeus Williams was allowed $18 for his services as one of said justices, he having been absent from several sessions. The sum of $4,700 was then appropriated for the construction of the courthouse, and all the notes given by purchasers of county town lots, were ordered to be delivered by the treasurer to said McCoy. At this term B. L. Trumbull was allowed $175.25 for blank books and stationery furnished the county, and Isaac R. Campbell was granted license
273
STATE OF MISSOURI.
to keep a ferry for the ensuing twelve months, across the Des Moines, at his place in the town of Lancaster. At the May term, 1838, of said court, Commissioner South was ordered to make a sale of town lots on the 25th day of said month, and the order previously made to sell no lot for less than $25 was repealed.
CIVIL TOWNSHIPS.
At the June term, 1838, the county court subdivided the territory of the county into civil townships as follows, to wit: " Beginning in the middle of the Des Moines River, where the line between Ranges 6 and 7 crosses said river; thence south to the branch on the north side of William Hill's old farm; thence down said branch to Fox River; thence down said river to said range line; thence with the range line until it strikes Sugar Creek; thence down said creek to where it empties into the Mississippi River; thence up the middle of said river to the mouth of the Des Moines; thence up the middle of said river to the beginning-to be and constitute Des Moines Township." Also, " Beginning at the southeast corner of the county; thence west to where a line dividing Range 8 equally intersects said county line; thence north with said line through the middle of said Range 8 to where it crosses Sugar Creek; thence down said creek to the mouth; thence east to the middle of the Mississippi; thence down the middle of the main channel of said river to the beginning, to be called Jackson Township." Also, "Beginning at the southwest corner of Des Moines Township; thence up Sugar Creek to Range 8; thence with said range line, between Ranges 7 and 8 to the river Des Moines; thence down the middle of the main channel of said river to where the line between Ranges 6 and 7 intersects said river; thence south with said line to where it crosses Sugar Creek, to be called Madison Township." Also, "Beginning at the mouth of the creek which empties into the Des Moines River in Section 14, known as the Bridge Branch; thence up the said creek to the first fork of said creek, below Dr. Peaker's dwelling-house; thence up the south fork to the road leading from St. Francisville to Sweet Home; thence with said road toward Sweet Home to the main fork of the before mentioned creek; thence up said creek to the middle of Township
274
HISTORY OF CLARK COUNTY.
66; thence west to Fox River; thence up Fox River to the State line; thence east to the Des Moines River; thence down said river to the beginning, to be called Sweet Home Township." Also another township "Beginning at the State line where it crosses Fox River; thence west with said line to the northwest corner of Clark County; thence south with said county line to the divide between the south fork of Fox River, and the Wyaconda River in Section 30; thence southeastwardly to the range line between Ranges 8 and 9, through the middle of Township 65, to the range line between Ranges 7 and 8; thence north with said range line to Fox River; thence up said river to the beginning, to be called Jefferson."
By tracing the boundary lines of these townships, the reader will observe that they are very indefinite, and that Sweet Home embraced a portion of Madison as it was then described, and that Jefferson included a portion of Washington, as it had previously been established. Elections were then ordered to be held in each of these townships on the first Monday and Tuesday of August, 1838, for the purpose of electing two members of Congress, one member of the State Senate, one member of the House of Representatives, one circuit attorney, three county court judges, one surveyor, one sheriff, one clerk of the circuit and county courts, one county assessor, one coroner and one constable. The elections were to be held at the houses of the following named gentlemen, to wit: John A. Lapsley, in Des Moines Township; Minor M. Towner, in Madison Township; Phelps and McMullen, in Sweet Home Township; Henry Swiveley, in Jefferson Township; Henry Webber, in Washington Township, and James Thomas, in Jackson Township. At this term of the court Commissioner South reported that at the public sale of lots, on the 25th day of May, he sold lots to the amount of $1,285.
TERRITORY ATTACHED.
By an act of the General Assembly of the State, approved February 6, 1837, the following described territory was attached to Clark County for civil and military purposes: " Beginning on the western line of Clark County, on the dividing ridge between North Fabius and Wyaconda Rivers; thence running
275
STATE OF MISSOURI.
along the dividing ridge between said rivers in a northwesterly direction until it strikes the extreme northern line of the State; thence eastwardly with the said boundary line until it strikes the Clark County line; thence with said line to the beginning." This territory being in the form of a right-angled triangle, com- prised the northeastern portion of what is now Scotland County, and embraced over one-third of the same.
PUBLIC HIGHWAYS.
At the first term of the county court of Clark County, the public highways which had been established in the territory while it belonged to Lewis County were established into road districts, over which overseers were appointed as follows, to wit: " All that part of the public road leading from Tully to Fort Pike on the Des Moines River, to commence at the county line between the counties of Clark and Lewis; thence to the middle of Honey Creek," was constituted District No. 1, and Walter Smoot was appointed overseer of the same. And all that part of said road leading from the middle of Honey Creek to the middle of Fox River," was constituted District No. 2, and George K. Biggs, was appointed overseer thereof. And " all that part of said pub- lic road from the middle of Fox River to the house of William Bartlett," was constituted District No. 3, and Fielding Wayland was appointed overseer. And "all that part of said road leading from the home of William Bartlett to Fort Pike on the Des Moines River," was constituted District No. 4, and William Middleton was appointed overseer of same. All the hands subject to work on the public roads, living within three miles on the east and west sides of said road, in the several districts, were allotted to said overseers respectively to keep it in repair. At the same time a bridge was ordered to be constructed across Fox River where the aforesaid road crossed it, and Robert P. Mitchell was appointed commissioner to let out and superintend the job of build- ing the same. Another bridge was also ordered to be built across Fox River at Johnson & Floyd's mill, and Whiting Johnson was appointed commissioner for the same.
At the September term, 1837, of the county court, the road " leading from the town of Black Hawk on the Des Moines River
276
HISTORY OF CLARK COUNTY.
in the northeast corner of the county to the most eligible point in the direction of the Cooper settlement, terminating in Town- ship 65 north, Range 10 west," was established upon the report of R. Q. Stark, George Combs and Charles McDaniel, the reviewers previously appointed. And at the same time the road " leading from Johnson's mill on Fox River to Waggener's Ferry on the Des Moines River," was established on the report of Thomas C. Rutherford, Whiting Johnson and James Ripper, reviewers appointed to report as to its utility. At the following December term of said court, the road "leading from Waterloo to the county line in the direction of Monticello," was established on the report of William Reed, John Sisson and James McClure, reviewers. This road crossed both branches of Sugar Creek just above South's farm, crossed Honey Creek near the residence of Samuel Musgrove, and crossed the Wyaconda at the Landier mill-seat. The road "leading from Gregory's Landing on the Mississippi to the road near the residence of William Reed in the direction of the Cooper settlement," was then established on the report of Robert Childers, John W. Lewellen and William P. Thomas. Also at the same time the road " leading from Greg- ory's Landing to Waterloo, the county seat of Clark County, crossing at or near the point known as the 'horse mill,' on Honey Creek, and passing through the town of Winchester," was estab- lished on the report of Umbleton Gregory and William C. Over- street, two of the reviewers previously appointed. Col. Thomas C. Rutherford, the county surveyor, in obedience to an order previously issued to him, reported a re-survey of "all that part of the State road within Clark County which leads from Palmyra to the Des Moines River near St. Francisville." The original survey of this road, which had been made by Gen. Cleaver, con- tained, according to Col. Rutherford's report, a few errors which he corrected.
At the June term, 1838, a road leading from the mouth of the Des Moines by way of Churchville (now Alexandria ) to St. Fran- cisville, was established upon receipt of the report of Reviewers Franklin Levering, Richard S. Small and Jeremiah Wayland. And at the same time the road " from St. Francisville to Waterloo" was established upon the receipt of the report of Reviewers James
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