USA > Missouri > Lincoln County > History of Lincoln County, Missouri, from the earliest time to the present > Part 24
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STATE OF MISSOURI, ss;
LINCOLN COUNTY.
Be it remembered that on this 15th day of January, one thousand eight hundred and twenty-one, at the town of Monroe, in said county of Lincoln, being the time and place directed for holding the first county court in said county, by an act of the Legislature of said State of Missouri, passed at their session at St. Louis, November 28, A. D. 1820, entitled, "An Act establishing circuit and county courts."
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HISTORY OF LINCOLN COUNTY.
David Bailey, sheriff, was also present, and constituted one of the officers of the court. The first action of the court was the appointment of Bennett Palmer as county court clerk. Con- stables were then appointed as follows: William S. Duncan and James Collard, for Bedford Township; David Bailey, for Monroe; and Edwin Allen, for Hurricane. David Bailey was also ap- pointed collector of the State and county taxes, and Samuel Bailey was appointed assessor of the taxable property in the county. An order was then made for a transcript of the records of all business recorded in the office of the clerk of the circuit court, pertaining to county business, and the pay of the justices of the court was fixed at $2 per day. After transacting some other business, the court adjourned. At the following April term of the court, John Geiger appeared and produced his commis- sion from the Governor, as one of the county court justices, and took his seat with the other members of the court.
REMOVAL OF THE COUNTY SEAT.
It is very evident that the commissioners who selected Mon- roe as the place for the seat of justice did not take into consid- eration the extent of the territory included within the boundaries of the county, else they surely would not have located the county seat clear to one corner. It was certainly a very inconsistent act, and was soon so regarded by the people. The only reason apparently that can be given why they seated Monroe, was because it was then in the most thickly settled portion of the county. In regard to the county seat and its removal from Monroe, and inci- dents connected therewith, Dr. Joseph A. Mudd, formerly of Troy, has given, in his brief but valuable history of the county, the following interesting account:
"The selection of Monroe as the county seat was never sat- isfactory to the people of the county. By reference to the session acts of the Legislature for 1822, will be found an act, Chapter 38, providing for its removal from that point. In the preamble it is set forth that 'the inhabitants of this county suffer great hardships and inconvenience, occasioned by their seat of justice having been located at Monroe, which is situated in the south- east corner of the county, and that a good majority of the citi-
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zens had presented a petition to the General Assembly, for the passage of a law for the removal of said seat of justice to the center, or some eligible spot not exceeding three miles from the center.' The Legislature therefore appointed Robert Gay, of Pike, Francis Howell, Sr., of St. Charles, and William Lamme, of Montgomery, commissioners, and empowered them with full authority to select a suitable site in accordance with the petition. The courts were to be continued at Monroe until the erection of a court house and jail at the new county seat. The Legislature also appointed Andrew Miller, Samuel Gibson and Thompson Blanton, all of this county, commissioners of the courthouse and jail to be erected, and empowered them or a majority of them to purchase or receive as a donation such lot or parcel of land, not less than fifty nor more than two hundred acres, as the first named commissioners should have fixed upon for the site of the public buildings referred to, and 'to take and receive to them and their successors in office, for the use of the county, from the person or persons of whom they may receive a donation or make a purchase of land as aforesaid, a warranty deed, in fee simple,' which should be made a trust for the county. And the last above-named commissioners should lay off the same into squares or lots, and dispose of or sell the same, and perform and fulfill the same duties as set forth in the provisions of the act establish- ing the county. The commissioners were required to take the usual oath and to give bond. It was further specified that any lots or lands remaining unsold by the commissioners should be by them released to the Governor of the State in trust for the county. This act was approved January 2, 1822. At the Feb- ruary term of the county court, Philip Sitton was appointed commissioner in place of Samuel Gibson, resigned, and William H. Robinson, of Bedford Township, in lieu of Thompson Blan- ton, also resigned. The court, at the August term, allowed the accounts of the first named commissioners, as follows: William Lamme, $12; Francis Howell and Robert Gay, each $10; James Duncan, a magistrate, for administering the oath to them, 314 cents.
" The last term held in Monroe was in November, 1822. No mention is made on the records of any compliance with the terms
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HISTORY OF LINCOLN COUNTY.
of the legislative act before the removal of the county seat; but on the first Monday in February, 1823, the county court convened at Alexandria, the point selected by the commissioners as the new county seat. The books and papers had been sent up the previous Saturday, and deposited in the only dwelling house of the place. This was a hewed-log building, one and a half story, with one window containing twelve lights of 8x10 glass, clap-board roof, floor and door of rough planks cut by a whip-saw, and a wood and mud chimney with stone back, capable of holding a six-foot log. A small room adjoining was used as a kitchen. This was quite a stylish and comfortable residence for the fron- tiers of Missouri in that day, and it was with no little pride that the good lady of the house surrendered the 'best room ' for the use of the court, and retired to the kitchen. The room thus placed at the disposal of the county officials was large enough to accommodate them and some twenty spectators.
"Ira Cottle, Benjamin Cottle and John Geiger were the county justices; Gen. Jonathan Riggs the sheriff, and Francis Parker, clerk. The business of the court proceeded leisurely enough until an hour or two before noon, when it began to be whispered about that the kind lady of the house, who, it was plain to be seen, was in a delicate condition, had reached such a crisis as might compel the court and all attendants to leave at any moment, and without ceremony. The wheels of the car of justice moved faster from that hour. The cases that could not be dispatched in a few minutes each were continued over, and the crowd rapidly melted away. There was one case, however, that could neither be continued, on account of the persistent demands of the plaintiff, nor hurried through, because of the obstinate re- sistance of the defendant. The president of the court, Col. Ira Cottle, was the administrator of the estate of John Ewing, de- ceased, and William R. Gilbert, of Pike County, was guardian of Ewing's children. Gilbert desired to have Cottle ruled to give additional security in the sum of $2,000. This was the issue in controversy. Gilbert's lawyer was the late Ezra Hunt, after- ward circuit attorney, and still later circuit judge of this circuit, who had ridden some forty miles from home, and did not intend to return without having the case settled. It was reached about
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night, when all, save the officers of the court and the lawyer, had gone. The court had been engaged incessantly, and endeavoring with the greatest diligence and exertion in furthering its work since the first note of warning was sounded, and it is to be pre- sumed that its members were in anything but an equable state of mind. The evidence in this particular case was all of record. During its examination the respective parties became unusually excited. The Judge, forgetful of the dignity of his station, poured out the vials of his wrath upon the devoted head of the lawyer. The latter was not slow to retort in kind, and for several hours the trial was nothing else than a war of words, and these of the sharpest and most abusive character. Finally, about 11 o'clock, the disputants quieted down, and the case was submitted to the other judges, who, in a few minutes, decided in favor of the demand of the guardian's attorney.
" The court was now ready for adjournment, and the question was, to when should it adjourn ? A motion was made to adjourn to the next court in course, when one of the members suggested that it would be about proper to adjourn till after midnight, then call the court and adjourn over to next term. This would show another day's session, and allow the judges to draw each $2 more and the sheriff $1.50. This latter course was agreed on, the officers of the court being satisfied that they had performed two days' service in one. In the interim the clerk was making up the records, the justices were lounging about, and Judge Hunt was trying to sleep, stretched on his back on the floor, with his head resting on the hearth. A pack of hungry wolves in the woods near by were making the night hideous with their howling, and the inmates of the court room, having fasted from early breakfast, and feeling acutely the gnawings of empty stomachs, would in- voluntarily compare the condition of the hungry pack inside with that of the hungry pack outside. Presently the cause just tried came up in the mind of Col. Cottle, and he began venting his spleen upon his adversary. He was a large man, of fine appear- ance, rather inclined to be boisterous in manner, and very pro- fuse in the use of oaths. Judge Hunt was a much smaller man, but fully as irascible as his opponent. He replied in language thickly sprinkled with epithets more vigorous than polite or pious,
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HISTORY OF LINCOLN COUNTY.
and was about to rise from his position, as if to engage in some- thing stronger than words. Luckily for the peace of the house- hold on that interesting occasion, he happened to cast his eye up the chimney to where, about six feet above the hearth, hung a fine venison ham. All controversy was forgotten as he sprang like a famished tiger up the capacious jaws of the chimney, and brought down the prize in triumph. The anger of Col. Cottle was in- stantly changed into smiles, and in the place of oaths and epithets all was friendliness and joviality. The meat was well cured and really delicious. The hungry crowd never before had venison that tasted so sweetly. The repast was scarcely finished when sounds from the kitchen indicated the near advent of a new comer into the world. Court was hastily called and adjourned over to that in course, and all present left at once, accompanying Gen. Riggs to his hospitable home on Cuivre. Less than two hours afterward the family of the patriotic lady was increased by the addition of a daughter."
"At a special term held November 19, 1825, John Lindsey, Thompson Blanton, Jonathan Cottle and Benjamin Cottle, jus- tices on the bench, the county commissioners for the courthouse and jail, Sitton, Miller and Robinson, appeared and made a final settlement. They produced a deed of relinquishment to the county for all such lands and lots as remained in their hands as commissioners in trust for the county. An examination of their accounts showed that at the two sales of town lots on April 11, and May 24, 1822, for the purpose of raising money to be appro- priated to building a courthouse and jail, the sum of $887.25 was realized; and at the sale of October 1, 1824, $33.50, making a total of $920.75. To their credit was placed $380, paid by them for building a jail, and $448.50 for building a court house; for recording papers, $5; for chain carriers, $4, making a total of $846.50, and leaving on hand $74.25. This amount was divided equally, and turned over to the commissioners as part of their salary of $48 each, and for the remainder they received warrants."
SECOND REMOVAL OF THE COUNTY SEAT.
The county seat did not remain long at Alexandria until a
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majority of the citizens of the county became dissatisfied with its location, being situated as it was on a ridge of land inaccessi- ble to water. Accordingly, on the 5th day of August, 1828, dur- ing the sitting of the county court, with Justices James Duncan and John Lindsey on the bench, Joshua N. Robbins and Emanuel Block presented a petition signed by a lawful number of the tax- able inhabitants of the county, namely, more than three-fifths thereof, praying for a removal of the county seat from Alex- andria, to the town of Troy. Thereupon the Court appointed Felix Scott, of the county of St. Charles, Thomas Kerr, of the county of Pike, Richard Wright, Philip Glover and George Clay, of the county of Montgomery, commissioners to select a site whereon to locate the seat of justice of the county of Lincoln, and authorized them to meet at the house of Andrew Monroe, * in the town of Troy, on the 15th day of September following, to begin the performance of the duties assigned them. Notice of this meeting was given, as per orders of the Court, by the sheriff, who posted advertisements in ten of the most public places in the county. The commissioners met at the time and place ap- pointed, and selected Troy as the site for the seat of justice, and on the 24th day of the same month they procured title by deed from George Collier and wife, donors, for two blocks of land, the first consisting of Lots 158, 159, 180 and 181, according to Collier's addition to the original plat of the town of Troy, and the other block of the same size lying west of, and adjoining the former. The consideration expressed in the deed was $1, and the promise that the courthouse should be erected on the first de- scribed block, and the jail on the other. The report of the pro- ceedings of the commissioners was presented to, and approved by the judge of the circuit court, and a copy thereof, together with the judge's approval, was transmitted to the county court at its November term, 1828, whereupon an election was ordered to be held in the several townships of the county, on Monday, the Sth day of December following, to take the sense of the electors, as to the selection made by the commissioners. The election was accordingly held, and on Thursday following, James Duncan, Henry Watts and Joseph H. Allen, county court justices, held a
*This was Father Monroe, the famous Methodist preacher, who was then keeping & hotel in Troy.
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HISTORY OF LINCOLN COUNTY.
special session to examine the poll books and count the votes. They found that a majority of the "free white male taxable resi- dent land and householders " of the county had voted for the place selected, and that the number of votes cast in favor of the selection was 211, and only two against it. Thereupon the Court 'considered the seat of justice of Lincoln County removed to the place selected in the town of Troy, agreeable to the provisions of the statute in such cases made and provided.'
Then on motion of Alfred W. Carr, it was ordered by the Court that the citizens of Troy should be permitted to remove the jail and furniture belonging to the county, at Alexandria, to the town of Troy, and to erect the jail on the ground deeded to the county by George Collier and wife for that purpose; provided that the citizens of Troy should, at their own expense, put up the jail on the new premises, in every way in as good order as where it then stood. Alfred W. Carr was then appointed commissioner of the new seat of justice, and as such filed his official bond, and quali- fied accordingly. On the 3d day of January following he reported to the Court that a convenient courthouse and jail at Troy was then in readiness for use. Whereupon it was ordered that there- after the courts of the county should be held in the courthouse at Troy, and the clerk was ordered to notify the Hon. Beverly Tucker, judge of the circuit court, of such removal of the seat of justice. The last session of the county court held in Alexandria, was on January 3, 1829, and the first one held in Troy was on Monday, February 9, 1829. The county seat, after much contro- versy, was now permanently located at the old place formerly known as Woods' Fort, and subsequently as Troy, the place where the county was organized, and where the first courts were held before a site was chosen for the county seat; and here it has re- mained ever since, and in all probability will continue to remain for generations to come. At the February term, 1829, the court ordered Commissioner Carr to sell " the old barn situated on the county property at Troy," also the courthouse at Alexandria, and the old jail at Monroe, also certain lots in Troy, on the first Mon- day of May following. These lots had been donated to the county by different persons, on consideration of the location of the county seat at Troy.
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STATE OF MISSOURI.
HIGHWAYS.
At the second term of the Lincoln County Circuit Court, com- mencing on Monday, August 2, 1819, a petition signed by a number of the inhabitants of Monroe Township, praying for a road to be laid out " from Moscow to St. Louis," and another one "leading from Big Creek to the south end of Mill street in the town of Moscow," were presented by John Geiger; and Barney Thornhill, William Howdeshell, Abraham Kennedy, Jacob Gros- hong, Sr., and Lambert Collier were appointed commissioners to review and mark out the proposed roads "on the nearest and most practicable route, and to the greatest ease and convenience of the inhabitants, and as little as may be to the prejudice of any person or persons, and report on the same next term." Another petition signed by a number of the inhabitants of Bedford Town- ship, praying for a road "from Monroe to Woods' Fort (now Troy ), and thence to the west line of the county, in a direction to the seat of justice of Howard County," was presented by Joseph Cottle, whereupon E. Collard, Samuel Gibson, Joseph McCoy, and Prospect K. Robbins were appointed commissioners to view and mark out the proposed road, with the same restrictions as en- joined on the first commissioners appointed. Another petition, praying for a road " from Woods' Fort to the north line of St. Charles County in a direction to St. Charles, and from Woods' Fort to the south line of Pike County in a direction to the seat of justice of said county, was presented by S. H. Lewis and Joseph Cottle, and the Court appointed David Porter, Samuel Gibson, Abraham Kennedy, E. Collard and David Bailey as com- missioners to mark and lay it out. Another petition signed by a number of the inhabitants of the county, praying for a road to be established from Woods' Fort, on the most direct and prac- ticable route, to the northern boundary of the county, in the di- rection of the mills on Salt River, and to pass by the habitations of Alambe Williams, Sr., Thomas Hammond and Col. Cox's Ford on North Cuivre, was presented by Benjamin Crose and Alambe Williams; whereupon the court appointed John Hunter, Zachariah Callaway, Hugh Barnett and Elijah Collard as com- missioners to view and mark out the proposed road.
Afterward, at the December term following, the court being
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then in session at Monroe, the new county-seat, a petition signed by a number of the inhabitants of Monroe Township, praying for a road to be established from the town of Monroe to Joseph Howdeshell's residence in Hurricane Township, and from there on the nearest and best route to intersect the Salt River road, was presented by David Bailey; and James Lewis, Samuel Gib- son and Ira Cottle were appointed commissioners to view and mark out the same. At this time the following named persons were appointed by the Court to lay off and divide the roads in the several Townships and to allot lands to the several overseers, viz. : Benjamin Cottle, for Bedford Township; Prospect K. Robbins and James Duncan, for Monroe Township; Benjamin Allen, for Hur- ricane Township; and Daniel Draper, for Union Township. Sub- sequently, at the August term of the court in 1829, a petition signed by certain inhabitants of the county, praying for a road to be established from Monroe to Troy (Woods' Fort), was pre- sented by John Geiger. William Baty, Morgan Wright, Abra- ham Kennedy, Andrew Miller and Stephen Cottle were ap- pointed to mark and lay it out. Another petition was presented by Benjamin Cottle, signed by himself and others, praying for a road to be established from Monroe to the western boundary of the county, the route to commence "at the dwelling house of Moses Oldham, thence to cross the Cuivre at the Yankee Ford, and entering the town of Troy at the east end of Monroe Street," and thence to its termination. Christopher Clark, Jonathan Riggs and David Bailey were appointed to mark and lay it out, under the usual instructions pertaining to the ease and conven- ience of the people.
The foregoing proposed roads were all established upon re- ports of the commissioners appointed, and were the first high- ways established in Lincoln County after its organization. A few, however, had previously been located while the territory formed a part of St. Charles County. The county court being now established (January 15, 1821) assumed jurisdiction over the highways, and all unfinished business in the circuit per- taining thereto was transferred to this new tribunal. At the second term of the county court, held in April, 1821, a license was granted to Bennett Palmer for the sum of $2, authorizing
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him " to keep a ferry across the River aux Cuivre, opposite the town of Monroe." This is the first record of a license granted to run a ferry in Lincoln County. The following January, Jona- than Riggs, for the sum of $2, was granted a license " to keep a ferry across the River aux Cuivre at his residence," on the road from Troy to Auburn. His license was renewed annually for many years, and in February, 1829, as shown by the record of the court, he was authorized to charge the following rates of fer- riage: Footman, 12g cents; man and horse, 183 cents; horse and dearborn, 25 cents; wagon and two horses, 373 cents; wagon and three horses, 50 cents; wagon and four horses, 75 cents; cattle, grown, per head, 123 cents. When the water was over the banks, he was allowed to charge for a man and horse, 25 cents, and to increase other ferriage in the same pro- portion. This crossing is still called Riggs' Ferry or Riggs' Ford.
INTERNAL IMPROVEMENT, ROAD AND CANAL FUND, ETC.
In 1847 Lincoln County received from the State $181.95 of the internal improvement fund, and the following year the further sum of $1,315. In November, 1848, Samuel James was paid from this fund the sum of $1,471.27, for building a bridge across North Cuivre; and the same year William Crouch was paid $1,495 out of a fund known as the "three per cent fund," for building the bridge across the Cuivre, at Moscow. Further sums of the internal improvement fund were received by the county, as follows: 1849, $626.95; 1850, $1,550.50. In 1852 Edward J. Peers received of this fund $280 for building a bridge across Spring Creek. In 1844 the condition of the road and canal funds belonging to the county was as follows:
Amount, including interest. $9,556 63
Deduct interest. 1,697 73
Leaves principal on hand. $7,858 90
In 1846 the condition of these funds was:
Amount, including interest. $10,544 15
Interest deducted. 1,813 43
Principal on hand ... $8,730 72
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HISTORY OF LINCOLN COUNTY.
From 1844 to 1846 $1,111.91 of these funds were expended and lost. In November, 1846, the following amounts were paid out on bridges then in process of construction: Moscow Slough, $165; King's Lake, $140; Main Cuivre, $1,020; West Cuivre, $995; Lower Big Slough, $200; Big Creek, $425. These funds were. so expended from time to time that in May, 1853, only $1,228.20 remained, and that balance was exhausted soon after.
PUBLIC BUILDINGS.
The first public building erected in Lincoln County was the jail, which was constructed at Monroe in the summer of 1819. No courthouse was erected there, probably because it was too evident from the start the seat of justice would not long remain there. The records do not state in whose house the courts were held at Monroe while it was the county seat, but in December, 1819, Benjamin Cottle was allowed $16 " for the use of his house for court." From this it may be inferred that the courts were held in the house of Mr. Cottle while the seat of justice remained at Monroe. Perhaps they were held part of the time in the houses of other citizens. A small jail made of squared logs and a small frame courthouse were erected at Alexandria, when the county seat was moved to that place. In May, 1829, after the seat of justice was moved to Troy, the Court ordered that sealed proposals for the construction of a new courthouse should be received. Afterward, at the August term of that year, the sealed proposals were examined and it was found that David Bailey and Jesse Harrison were the lowest and only bidders, the amount proposed by each of them being $1,500 for building the court- house, which, according to the specifications, was to be a two- story brick building forty feet square. The Court, exercising its preference, awarded the contract to David Bailey, who erected the building and had it ready for occupancy in 1830. Immediately after Troy became the seat of justice, the citizens of the place moved the log jail from Alexandria to Troy and re- built it on the lot where the present jail stands. Alfred W. Carr was the commissioner who superintended the erection of the first public buildings at Troy.
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