USA > Missouri > Lincoln County > History of Lincoln County, Missouri, from the earliest time to the present > Part 25
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278
STATE OF MISSOURI.
THE JAIL.
In February, 1839, the Court appropriated $3,000 for the building of a new jail, and in August following plans and spec- ifications were adopted for a two-story brick jail 24x48 feet in size, to contain "four rooms, with a passage of six feet across the width of the building, separating the dwelling rooms from the prison rooms," and to be covered with shingles, etc. John Chandler was appointed jail commissioner, and the contract for building the jail was awarded to John A. Woolfolk for the sum of $3,350, and in November, 1840, it was received completed from the hands of the contractor. John Chandler was allowed $75 for his services as superintendent. The present courthouse was built in 1870, by Edwards & Griffith, at a cost of $27,447.50. At a special term of the county court, November 10, 1870, Judge E. N. Bonfils, the commissioner, reported it completed according to contract, and it was accepted by the Court. It is asubstantial brick structure, two stories in height, and sets upon a stone founda- tion. Its form is that of a T, with the top of the letter facing Main Street. The first story contains a hall with stairs to the second story, the office of the county clerk, the offices of the cir- cuit court clerk and recorder in one room, two fire-proof vaults for the public records, the county court room and the office of the probate judge. The second story contains a hall, sheriff's and col- lector's offices in one room, the circuit court room, and a jury room. All rooms are large and commodious, and the building is constructed according to modern architecture. The present jail, which is also a substantial brick and iron structure, consisting of the jail proper and the jailer's residence combined, was built and finished in 1876, on the site of the former jail, by P. J. Pauly & Bro., of St. Louis, at a cost of $7,500. Col. T. G. Hutt was the commissioner.
POOR ASYLUM AND FARM.
In November, 1865, the Court appointed Richard Wommack commissioner to select a proper site for a county poorhouse, and authorized him to advertise for proposals for a tract of land not exceeding 160 acres, and to purchase the land he might select, and agree to pay one-half of the purchase price in cash and
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HISTORY OF LINCOLN COUNTY.
to issue bonds bearing 10 per cent interest for the other half, payable in one year after date. The Court reserved the right, however, to confirm or reject such purchase. In February follow- ing, the commissioner not being ready to report, the above order was renewed and further time given. At the May term, 1866, Commissioner Wommack reported that in response to advertis- ing as ordered he had received six offers of farms, three of which he deemed entirely unsuitable, and that the other three con- sisted of a farm of 157 acres, lying two miles north of Troy, owned by Charles W. Parker, the price of which was $2,000, and a farm of 160 acres, owned by Joseph H. Withrow, in Township 49, Range 1 west, the price of which was $20 per acre, and another farm of 160 acres, owned by Francis C. Cake, the price of which was also $20 per acre. The Court, after approving the report and discharging the commissioner, viewed and examined the three farms offered, and decided that the one offered by Mr. Cake should be purchased on the terms expressed in the foregoing order. Whereupon Francis C. Cake presented to the court a deed, executed by himself and wife, conveying to Lincoln County, for the sum of $3,200, the southwest quarter of Section 2, in Township 48 north, Range 1 west, containing 160 acres, it being the farm selected. This deed was accepted by the Court and placed on record.
The Court then appointed J. B. Miller and James M. Mclellan commissioners to prepare plans and specifications for the build- ing of a poor asylum, and in July following Francis C. Cake was appointed to receive sealed bids for building the same. In August following the Court accepted the proposals of Ezekiel B. Adams, John R. Kendall and James H. Green, and entered into a contract with Messrs. Adams and Kendall for furnishing the materials and building the stone and brick work and plastering the poor house, according to the plans and specifications then on file, for the sum of $5,600. The contractors afterward gave bond to the satisfaction of the Court, -conditioned for the faithful performance of their part of the contract. The Court also en- tered into a contract with James H. Green, who engaged to furnish the material and do the wood and carpenter work and painting of the building for the sum of $4,200, and after-
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ward filed his bond to the satisfaction of the Court, conditioned for the faithful execution of his part of the contract. After- ward, on January 3, 1868, J. B. Miller, who had been appointed to superintend the building of the poorhouse, reported that Adams and Kendall had completed their part of the work accord- ing to contract. Accordingly the work was accepted from their hands, and the balance due them on the contract ordered allowed. The Court then appropriated $525 for the purpose of procuring furniture for the poorhouse, and appointed Francis C. Cake agent to purchase it. In February following Mr. Cake reported that he had purchased the furniture for $399.30, and thus saved $125.70 of the amount appropriated.
On the 28th day of November, 1868, Supt. Miller reported to the Court, recommending that certain deductions, amounting in the aggregate to $1,055, should be made from the amount agreed to be paid to James H. Green for failures to perform his part of the work according to contract. The Court approved the report and withheld the balance claimed by the contractor. Consequently, in April following, Green brought suit against the county, in the circuit court, and asked for judgment in his favor for the $1,055 claimed by him to be remaining due. The suit was brought by Henry Quigly, plaintiff's attorney, and A. V. McKee became the attorney for the county. The case was continued until April, 1870, when it was tried before a jury, who rendered a verdict in favor of the plaintiff for $699.91, whereupon judgment was entered accordingly. In May following the county court allowed the plaintiff, James H. Green, the sum of $702.91, being the amount of his judgment and costs. The first superintendent of the poor farm was Henry G. Bickel, who agreed with the Court to furnish to the county the services of himself and wife in managing the farm and taking care of the paupers for twelve months, commenc- ing October 1, 1870, for the sum of $650. He was succeeded by James W. Brown, who took charge of the farm and the paupers December 1, 1871, and has continued to superintend it ever since. The first year he received for the services of himself and wife the sum of $400, and since then his annual salary has been some- times greater and sometimes less than that amount.
281
HISTORY OF LINCOLN COUNTY.
MUNICIPAL TOWNSHIPS.
The organization of Monroe, Bedford, Union and Hurricane, the four original municipal townships, has been given. The first change in township boundary lines was made in April, 1820, when that part of Monroe lying between the Cuivre, Big Creek and the fifth principal meridian was cut off by order of the Court and added to Bedford. Afterward, from time to time, new town- ships were formed, with names, dates and boundaries as follows:
Waverly .- November 7, 1825, on petition of Gabriel P. Nash, Caleb McFarland, Marcus H. McFarland, Meredith Cox, James F. Moore and twenty other citizens of Union Township: Com- mencing at the northwest corner of Township 51, Range 2 west, and running to the southwest corner of Section 6, Township 50, and Range 2 west; thence east to the southeast corner of Section 1, Township 50, Range 2 west; thence north to the northeast cor- ner of Section 1, Township 51, Range 2 west; thence west to the place of beginning The new township thus formed contained twenty-eight taxable inhabitants. The house of Meredith Cox was named as the place for holding elections, and Meredith Cox, Nicholas Wells and Hugh Barnett were appointed judges of elec- tions. Henry Watts and Caleb McFarland were recommended to the Governor for appointment as justices of the peace. In August, 1826, that part of Union Township situated south of Waverly, being Township 50 north, and Ranges 2 and 3 west, was attached to Waverly.
Clark .- February 9, 1826, on petition of Christopher Clark, Cary K. Duncan, Morgan Wright, Malcom Henry, Jr., and twenty-six other citizens of Bedford Township, as follows: All that part of Bedford Township as is situated south of the line dividing Townships 48 and 49 north. The new municipal township thus formed contained eighty-eight taxable inhabitants. The elections were ordered to be held at the house of Christo- pher Clark and Thompson Blanton ; David Clark, Sr., and Morgan Wright were appointed judges thereof. David Clark, Sr., Cary K. Duncan and Seymore Davis were recommended to the Gov- ernor for appointment as justices of the peace. In November, 1827, the line between Waverly and Union Townships was changed so as to enlarge the latter.
18
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STATE OF MISSOURI.
Prairie .- August 17, 1848, on petition of a large number of citizens: Commencing at the northwest corner of Section 4, Town- ship 49 north, Range 3 west; running thence south on the county line four miles, to the southwest corner of Section 21, Township 49 north, Range 3 west; thence east on the Warren County line four miles to the southwest corner of Section 19, Township 49 north, Range 2 west; thence south on said Warren County lino four miles to the southwest corner of Section 7, Township 48 north, Range 2 west; thence east three miles to the southeast corner of Section 9, Township 48 north, Range 2 west; thence north eleven miles to the northeast corner of Section 21, Town- ship 50 north, Range 2 west, to the Waverly Township line; thence west on the Waverly Township line three miles to the Montgomery County line, at the northwest corner of Section 19, Township 50, north, Range 2 west; thence south on said Mont- gomery County line three miles to the southwest corner of Sec- tion 31, Township 50 north, Range 2 west; thence west on said Montgomery County line four miles to the place of beginning. The elections were ordered to be held at the house of Thomas Gammon, and Robert B. Allen, Isaac Cannon and Malen Spyres were appointed judges thereof.
Millwood .- May 31, 1856, on petition of Henry T. Mudd, Richard Wommack, Hilary P. Mudd, George I. Dyer, James S. Wilson, William C. Sands, Horatio C. Clare and eighty-four others: Commencing at the northeast corner of Township 50 north, Range 2 west; thence west to the northeast corner of Sec- tion 6; thence south to the southeast corner of Section 18, Town- ship 50 north, Range 2 west; thence west to the county line; thence south to the southwest corner of Section 28, Township 50 north, Range 3 west; thence east to the southeast corner of Sec- tion 25; thence south to the township line dividing Townships 49 and 50 north; thence east with said township line until it reaches the north fork of Cuivre River, and making it (the river) the boundary until it reaches the east line of Section 1, Town- ship 50 north, Range 2 west; thence north to the place of begin- ning. The elections were ordered to be held at the town of Mill- wood.
Nineveh .- August 12, 1872, on petition of William W. Shaw,
283
HISTORY OF LINCOLN COUNTY.
Owen C. Robinson, Joseph L. Duncan, James C. Ellmore, John C. Wells, John C. Williams and forty-four others: Beginning at the northwest corner of Section 33, Township 50 north, Range 3 west; thence north on the county line to the northwest corner of Section 4, Township 50 north, Range 3 west; thence east on the township line between Townships 50 and 51 north, to the north .. east corner of Section 6, Township 50 north, Range 2 west; thence south on the section lines to the middle of the channel of West Cuivre River in Section 7, Township 49 north, Range 2 west; thence up the main channel of said river to the north line of Section 33, Township 50 north, Range 3 west; thence west on said line to the place of beginning. The town of Nineveh, since Olney, was made the place for holding the elections.
Burr Oak .- May 11, 1875, on petition of David Allen, Henry H. Morris, Charles L. Alloway, Henry L. Luck and 155 others: Beginning on the range line between Ranges 1 and 2 east, at the center line of Section 7, Township 50 north, Range 2 east; thence south on the range line to the southwest corner of Section 7 Township 49 north, Range 2 east; thence east on section lines to the west line of Survey No. 376; thence north on said line to the south line of Survey No. 1789; thence easterly on said line and section line to the range line between Ranges 2 and 3 east; thence ast on the line of Sections 1 and 12 and the line of Duey and Dalton to the east line of Lincoln County, in the Mississippi River; thence up said river to the north line of Survey 1678; thence west on said line to the section line of Sections 1 and 12, Township 50 north, Range 2 east, and on said line to the east line of Survey No. 1724; thence north on said line to the line between Reid and Withington; thence west on their lines to the west line of said survey; thence north on said west line to the center line of Section 9, Township 50 north, Range 2 east; thence west on said line to the place of beginning. It was then ordered that the village of Burr Oak should be the place for holding elec- tions in the new township thus formed.
Snow Hill .- May 11, 1875, on petition of Joel B. Cunning- ham, William J. Dryden and others: Beginning on the fifth prin- cipal meridian at the center of Section 18,* Township 50 north,
*This should have read " at the center line," or more properly " at the west quarter post of Section 18," as that was the point intended.
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STATE OF MISSOURI.
Range 1 east; thence east to the west line of Survey No. 1680; thence on the west and south line of said survey to the center of Section 17, Township 50 north, Range 1 east; thence east to the range line of 1 and 2 east; thence south on said range line to the center line of Section 13, Township 49 north, Range 1 east; thence west to Cuivre River at the center line of Section 18, Township 49 north, Range 1 east; thence up Cuivre River to the fifth principal meridian; thence ap said meridian to the place of beginning. The village of Dryden was designated as the place for holding elections.
Change between Nineveh and Prairie .- In August, 1884, on petition of H. H. Jones, John E. Mosley and thirty-seven other citizens, the county court ordered "that West Cuivre River be made the north boundary line of Prairie, and the south boundary line of Nineveh Townships; that is, that all of Prairie Township lying north of Cuivre River, be transferred to Nineveh Town- ship." With the exception of this latter change, the municipal townships of the county are correctly shown on the county atlas, published by Edwards Bros., in 1878. In looking at the map, care should be taken to include that part of Prairie shown to lie north of the Cuivre, with Nineveh.
THE PUBLIC LANDS AND INDIAN TREATIES.
The manner by which the United States obtained title from France to the territory of which Lincoln County forms a part has been given in the State Department of this work; but how the title was obtained from the Indians, who claimed it by right of possesion, remains to be told. At the earliest period known, Northeast Missouri was claimed by the Missouri tribe of Indians, called by Father Marquette, the first white man who saw them, the "Ou-Messouret," and by other early French chroniclers, the " We-Messouret " nation. They claimed, at one time, all of the country between the Missouri and Des Moines Rivers. The first treaty between the United States and the Indians, resulting in the extinguishment of the Indian title to this region, was made at St. Louis, November 3, 1804, between the head chiefs and rep- resentatives of the Sacs and Foxes, and William Henry Harri- son, governor of the Indiana Territory and of the District of Lou-
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HISTORY OF LINCOLN COUNTY.
isiana, superintendent of Indian affairs and of the said territory and district, and commissioner plenipotentiary of the United States. The chiefs representing the Indians were Layouvois (or Laiyuwa), Pashepaho (the " Gigger " or Fish Spearer), Quash- quame (the Jumping Fish), Outchquaha (or Sun Fish), and Hashequaxhiqua (or the Bear).
The treaty was a lengthy one, consisting of twelve articles, in the first of which the United States received the Sac and Fox tribes into friendship and protection, and the tribes agreed to con- sider themselves " under the protection of the United States and no other power." Article 2 prescribed the general boundary line between the United States and the said Indian tribes, as fol- lows:
Beginning at a point on the Missouri River, opposite to the mouth of the Gasconade River; thence on a direct course so as to strike the River Jeffreon (Fabius) at a distance of thirty miles from its mouth, and down said Jeffreon to the Mississippi; thence up the Mississippi to the mouth of the Ouisconsing ( Wisconsin) River, and up the same to a point which shall be thirty miles in a direct line from the mouth of said river; thence by a direct line to a point where the Fox River, a branch of the Illinois, leaves the small lake called Sakaegan; thence down the Fox River to the Illinois, and down the same to the Mississippi. And the said tribes, for and in consideration of the friendship and protection of the United States, of goods of the value of $2,234.50, which they now deliver, and of the annuity hereinafter stipulated to be paid, do hereby cede and relinquish to the United States all the lands included within the above described boundary.
The annuity mentioned was to consist of $1,000 worth of goods, "suited to the circumstances of the Indians," to be deliv- ered yearly to the tribes at St. Louis, or some other convenient point on the Mississippi; $600 worth for the Sacs, and $400 worth for the Foxes. It was also stipulated that the tribes should take an equivalent amount of the annuity in domestic animals, implements of husbandry, and other utensils. The tribes agreed to never sell any of their lands to any power but the United States. The other provisions of this treaty are not sufficiently important to be considered here. It was fairly observed, with
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STATE OF MISSOURI.
the exceptions of some Indian depredations noted elsewhere in this work. until the breaking out of the War of 1812, when nearly all of the Sacs joined the British and fought against the United States.
After the War of 1812 it became necessary to make another treaty with the Sacs. This treaty was signed at St. Louis, Sep- tember 13, 1815, by Gov. William Clark, Ninian Edwards and Auguste Chouteau, commissioners of the United States, and cer- tain chiefs and warriors of a branch of the Sacs, designated as "a certain portion of the Sac Nation of Indians, residing on the Missouri River." This was the loyal portion of the tribe which had separated from the hostiles. Its leading representatives who signed the treaty were the ever faithful Quashquame, Shamaga (the Lance), Kataka ( the Sturgeon ), Neshota ( the Twin), Wesaka (the Devil), Catchemackeseo (the Big Eagle) and Chekaqua ( He- who-stands-by-the-tree). This treaty was a re-establishment of that of November 3, 1804. The next day, September 14, a simi- lar treaty was made with the Foxes by the same commissioners.
Black Hawk and the others of his tribe who had joined the British during the war were at this time on Rock River, in Wis- consin. They were invited to come down and sign the treaty, but were afraid the United States would seize them and punish them for their faithlessness and bloody crimes. They could not be in- duced to come in and treat until the spring of 1816, when, on the 13th of May, a treaty was signed between "certain chiefs and warriors of the Sacs of Rock River and adjacent country," and Gov. William Clark, Ninian Edwards and Auguste Chouteau, the latter the commissioners of the United States. This, too, was a renewal of the treaty of 1804, and the Sacs of Rock River were amnestied, and placed upon the same footing they stood on before the war. As signed to this treaty, Black Hawk's name is trans- lated " Black Sparrow Hawk." At this time he was but a sub-chief, by no means a " head-chief," and it may be that he was merely a warrior. The other Indians who signed this treaty were Anowart (the Speaker), Namawenane (the Sturgeon Man), Matchequawa (the Bad Axe), Sakeeto (the Thunder-that-frightens), Cashupwa (the Swan-whose-wings-crack-as-he-flies), and sixteen others. It will be seen by the terms of the treaty of 1804 that the whole of
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HISTORY OF LINCOLN COUNTY.
Lincoln County lies within the boundary of the tract of land to which the United States then obtained title from the Indians. These treaties were made with the Indians simply to pacify and keep them quiet, not because the Government really recognized any title to these lands in the savages.
CHAPTER V.
LAND GRANTS, RAILROADS, ETC.
The first lands in what is now Lincoln County, to which in- dividual titles were obtained, are certain tracts known as Spanish grants or surveys. Under Spanish rule, the Government, in order to encourage settlement, allowed individuals to select and survey unoccupied tracts of land of varying size wherever they chose to settle, and then gave them a grant or right to hold the same as individual property. The Spanish Government also granted large, and often very large tracts, to certain individuals, for services rendered the Government. Very few, if any, of the grantees of the Spanish grants became actual settlers. Perhaps a few obtained grants for the purpose of settlement, and a few made temporary settlements prior to 1800, and prior to the per- manent settlements heretofore mentioned. It seems, however, that nearly all these grants in Lincoln County were made to per- sons who obtained them for speculative purposes and not for
settlement. When the United States acquired title and took possession of this territory, these Spanish grants were the only lands to which individuals could obtain title, and they only by purchase from the original grantees or their assigns. When the territory was ceded by Spain to France, it was upon condi- tion that individuals holding title to lands under the Spanish Government should be protected in their rights; and when France ceded the territory to the United States, the same stipu- lations were made. Consequently the United States respected these titles, and afterward, upon a proper showing of evidence of title, the lands were confirmed by Congress to the original grantees or their legal assignees.
STATE OF MISSOURI.
The following shows to whom nearly all of these lands were confirmed, as certified to the county April 8, 1858, by A. W. Rush, registrar of the Palmyra land office :
TOWN 4S NORTH. RANGE 1. EAST.
Jeremiah Groshong, Survey# 1791, 640 acres; Christopher Clark. Survey 389, 462.36 acres: William Dunn or legal repre- sentatives, Survey 6256. 5.322.12 acres; Mackay Wherry, Survey 1783. 340.28 acres: Richard Taylor, Survey 950, 640 acres; James Morrison. Survey 969, 640 acres; James Lewis, Survey 1642. 340.24 acres: Charles Dehault De Lassus, Survey 3034, 11.011.35 acres. The latter was confirmed by Congress July 4. 1856.
TOWN 48 NORTH, RANGE 2 EAST.
Squire Boone. Survey 60, 595.45 acres; Arthur Burns, 640 acres : Ira Cottle and William Hays, Survey 524, 510.41 acres; Na- thaniel Simonds, Survey 1795, 640 acres; Isaac Cottle, Survey 755, 640 acres; William Farnsworth, Survey 754, 640 acres; James Mc Kay or legal representatives, Survey 3035, 14,176.95 acres. The latter, and others of smaller size, were confirmed by act of Congress of July 4, 1856. From Survey No. 3035, Section 16 (the school section) and the interfering parts of Surveys 60, 754, 1788 and 1795 were excluded at the time of confirmation.
TOWN 48 NORTH, RANGE 3 EAST.
Francis Roy, Survey 1650, 680.55 acres; Toussant Cerre, Sur- vey 1654, 850.69 acres; Bernard Pratte and Joseph Beauchemin, Survey 1687. 1,361.11 acres. These three grants lie on the Mis- sissippi.
TOWN 49 NORTH, RANGE 1 EAST.
This township contains a large part of Survey No. 3034 con- firmed to Charles Dehault De Lassus, as mentioned in Town 48 north, Range 1 east, and also parts of Surveys 1648, 1805, 1645 and 1791.
TOWN 49 NORTH, RANGE 2 EAST. John Campbell, Survey 747, 825.85 acres; Julius Emmons,
* On the public records the spanish grants are all called "surveys."
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HISTORY OF LINCOLN COUNTY.
Survey 1789, 640 acres; Jacob Kostetter, Survey 736, 640 acres; Alex. McLeans, Survey 742, 640 acres; Arthur Burns, Survey 1816, 680.55 acres; Robert Burns, Survey 306, 510.41 acres; Jonathan Cottle, Survey 885, 640 acres; James W. Cochran, Sur- vey 1742, 680.55 acres.
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