USA > Missouri > Ray County > History of Ray county, Mo. > Part 26
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One day in July, 1818, a band of marauding savages, belonging to the Osage tribe, camped in the yard of a Mrs. Macelroy, a widow, living near the mouth of Fishing river. The Indians built fires in the yard, and began cooking and eating roasting ears, pilfering, shooting pigs, and driving away the horses. The only inmates of the house were the two persons who lived there-the widow and her little son, aged ten. The latter was sent to the house of Mr. Martin Parmer, a near neighbor, to tell him of the presence of the savages; of their depredations, and to seek
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his assistance. Parmer, on receiving the message, seized his gun; a grown son did the same, and, accompanied by the boy, the two hastily proceeded to the widow's house, on reaching which, the boy entered by the back door. By this time all the Indians had left but seven, who were still in the yard. Parmer and his son fired upon them, killing two. The rest ran into the house, where the mother and son were trembling with fear. With their tomahawks, the savages cut off' two of the boy's fin- gers, and inflicted other severe wounds, but failed to kill him. The elder Parmer climbed upon the roof and commenced tearing off the boards, whereupon one of the Indians ran out of the house, attempting to escape; but Parmer fired upon him from the house-top, and brought the savage to the ground. His firearm discharged, Parmer drew a butcher-knife, hastily descended, and ran to the wounded Indian. The latter, insolent even in the moment of death, turned upon his back and attempted to spit in the face of his antagonist, when Parmer, with his butcher-knife, cut the Indian's throat " from ear to ear."
The father and son killed three of the four remaining savages; the other, though severely wounded, made his escape. The six dead Indians were dragged to a deep gully and thrown in.
This bloody rencounter alarmed the settlers; they expected the Indians to seek revenge; the latter, however, showed no disposition to retaliate.
Stephen Fields, who will be remembered as one of the original settlers in the Buffalo neighborhood, about 1820, moved to the bluffs, on Crooked river, near where the present poor farm is situated. The Indians com- menced killing his hogs. At this Fields was greatly enraged, and, taking his gun, one morning, went into the woods, and came upon three Indians, also with guns. Fields told the Indians they had been killing his hogs, and to puckachee (get away). The savages bitterly denied the accusa- tion, but Fields insisted that he was not mistaken; he knew they had been killing his hogs. Unable to pacify the old man, the three Indians seized him, stripped off his shirt, and, with the ramrod of his own gun, flogged him unmercifully, lacerating his back in a horrible manner. they told him to puckachee. That he did, is not a " rash presumption.
This outrageous affair caused great excitement. Mr. Fields was an old man, sixty years of age, and greatly esteemed by his neighbors. The people were aroused. A company was raised to follow and punish the savages. The latter, anticipating retaliation, decamped long before sun- rise the following morning. When their pursuers, about sunrise, reached the camp the Indians had deserted, their fires were still burning. Hair, bones, feet and flesh of the hogs they had killed were scattered around. The indignant whites pursued the Indians as far as Grand river, which the latter swam, thus baffling their pursuers.
Returning to their homes, the whites found, at many places in the
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woods, venison hams hanging in the trees. They had been hung up by the Indians to dry.
A venerable gentleman, who was living near the scene of the occur- rence just related, at the date thereof, who was one of the party of orig- inal settlers, and has always lived in the county, assures the writer that he remembers of no other deeds of violence committed by the Sacs and Iowas. They were generally very friendly.
On one occasion, a party of surveyors (Meaddors and Holland Vander- pool being two of the party, the former surveyor-in-chief), was camped in the woods. It was a rainy day in autumn, and the men remained in their tent for shelter-availing themselves, meanwhile, of the excellent opportunity of washing their leather breeches and hunting shirts. About ten days were required in which to complete their survey. The party was busily engaged in washing their wearing apparel, when, out of the rainfall, six Indians stepped into the tent. They at once began making a variety of significant gestures, such as picking up ashes and putting them to their lips, plainly indicating that what they wanted was salt, an article of which the party had on hand in a little bag lying in sight, about a quart. Their request not being complied with, the Indians proposed to exchange for the salt a butcher-knife they had brought along, and their powder and bullets, ejaculating, as they held out the articles, "how swap!" "how swap!" The reply came, "no swap!" " no swap." Meantime, the white men had begun to sniff, and hold their noses, as an odor, not agree- able to every olfactor, was permeating the atmosphere of the little tent; and suddenly, a big Indian thrust from under his blanket, next to his skin, a genuine skunk, exclaiming, "how swap pony cat," "how swap pony cat," his companions, at the same time, gabbling like a flock of geese. The whites, at once comprehending the ruse, failed to disperse, and again replied, "no swap," "no swap." Foiled in this trick, the big Indian at once invented another; a mark was made on a tree, some paces in front of the tent, at which five of the Indians, standing in the tent door, consec- utively shot. No sooner had the fifth fired, than the five ran toward the tree, as if to see which had won. This was to attract the white's atten- tion-and it did so. In the excitement the big Indian deftly slipped the bag of salt under his blanket, and ran in the direction of the mark, but he never stopped there. The surveyors were compelled to eat fresh meat without salt about ten days.
It is a well-known fact, that the Indians were exceedingly fond of honey, and yet remarkably afraid of bees. Holland Vanderpool and Daniel Riggs-youngest son of Timothy-were one day cutting a bee tree in the forest. Two Indians came up, but being afraid, not of the men, but of bees, stood at some distance looking on. The tree was soon felled to the ground, and the large, rich, delicious comb taken from its hollow. While
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the process of "robbing " was going on, the Indians stood making signs, by thrusting out their hands in a grasping manner and returning them to their mouths, which stood ajar, to indicate that they wanted some honey. Mr. Vanderpool, proverbially generous, took a large piece to each of them. They expressed their gratitude by tenderly stroking him on the breast, and by the exclamation, " good muck-a-man, " " good muck-a-man." Be- sides being afraid of bees, the Indians were too lazy to cut the trees. Laziness is one of the chief characteristics of the Indian. All heavy work and drudgery are forced upon the squaws.
It will be seen, then, that the early settlers of Ray county suffered little on account of the Indians. They were fortunate in locating in the midst of friendly tribes-the Sacs and Iowas.
ORGANIZATION.
Ray county was originally a part of Howard county, but by act of the legislature, approved November 16, 1820, to take effect January 1, 1821, it was formally organized as a separate and distinct county, and named in honor of the Hon. John Ray, one of the delegates from Howard county to the convention which met in St. Louis, in June, 1820, for the purpose of framing a state constitution preparatory to the admission of Missouri into the union.
The legislative act establishing Ray county defined her territory to be, " all that part of Howard county west of Grand river to the boundary line of this state;" and then went on to declare that all that portion of country lying north of the county of Ray, and west of the range line dividing ranges twenty-one, and twenty-two, to the northern and western boundary of the state should be attached to said county of Ray for all purposes, civil, military and judicial.
Ray, it should be remembered, was organized while the rich and beau- tiful area acquired under the celebrated " Platte Purchase " was yet an Indian reservation. It was not till 1836, that that sagacious, far-seeing states- man, Thomas H. Benton, succeeded in procuring the passage of a bill through congress providing for the removal of the Indians farther west- ward, and the adding of their territory to Missouri. When Ray county, therefore, was established it extended to the western border of the state, or to what has since become that portion of Missouri containing the coun- ties of Andrew, Atchison, Buchanan, Holt, Nodaway and Platte, known as the " Platte Purchase;" and it then comprised within its limits all that broad and beautiful expanse of country now divided into the prosperous counties of Worth, Gentry, DeKalb, Clinton, Clay, Ray, Harrison, Mer- cer, Grundy, Livingston and Carroll.
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HISTORY OF RAY COUNTY.
Article VI. of the act organizing Ray county, provides that, " when a division of said county of Ray may become necessary, the boundary line of said county shall be as follows, to-wit: Beginning in the middle of the main channel of the Missouri river, at the range line between ranges twenty-five and twenty-six; thence with said line north to the township line dividing townships fifty-five and fifty-six; thence west with said line to the line dividing ranges twenty-nine and thirty; thence south with said line to the middle of the main channel of the Missouri river; thence down the middle of the, main channel thereof to the place of beginning."
It will be observed that the present limits of the county correspond with those set forth in the above article, save as to the northern boundary line, which, in fact, is that separating townships fifty-four and fifty-five, instead of those numbered fifty-five and fifty-six. The latter townships are in Caldwell county.
Section XX of "an act defining the limits of the several counties in this state," approved February 16, 1825, provides as follows: "That all that portion of territory bounded as follows, to-wit: Beginning at a point in the middle of the main channel of the Missouri river, due south of the termination of range line between ranges twenty-five and twenty-six, north of said river, and running thence north, with range line to the town- ship line dividing townships fifty-three and fifty-four; thence with said line west to the range line between ranges twenty-nine and thirty; thence south with said range line to the middle of the main channel of the Mis- souri river; thence down said river, in the middle of the main channel thereof, to the beginning, shall compose the county of Ray: Provided, That all the territory not included in said boundaries, lying east of the ranges twenty-nine and thirty, south of the northern boundary of the state, west of Chariton county, and north of the Missouri river; and all that part of the county of Ray which is stricken off by the before men- tioned boundary line lying north of the before mentioned boundry of said county, be attached to, and form part of said county of Ray for all pur- pases, civil and military, until otherwise provided by law."
It will thus be seen that-excluding the territory attached for "civil and military purposes"-the above mentioned boundaries are the same as the present confines of the county, except that, this time, the northern limit is the township line separating townships fifty-three and fifty-four, whereas, Article VI of the act establishing the county provided that when- ever it should become necessary to divide the county, its northern boundary should be the township line between townships fifty-five and fifty-six. This line is the space of one township north, and that mentioned in the act of February, 1825, the same distance south of the existing northern boundary line-which was fixed December 26, 1836, when Cald- well county was formed out of the northern part of Ray. Clay county was
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HISTORY OF RAY COUNTY.
erected January 2, 1822, from the western part of Ray, and Carroll Jan- uary 2, 1833, from the eastern portion. The formation of these counties, together with Caldwell, above mentioned, left Ray with her present boundaries.
Isaac Martin, James Wells, John Harris, John Turner, and Jonathan Liggett were appointed by the legislature commissioners, " with full power and authority to point out and fix upon the most suitable place in the county of Ray, whereon to erect a court house and jail;" and the place they, or a majority of them, selected was to be the permanent seat of justice for said county of Ray. The act provided that the first courts of the county should be holden at the town of Bluffton, unless the com- missioners should previously point out another place for holding said courts. The commissioners were authorized by law to receive as a dona- tion, a good and sufficient title in fee simple to such tract of land or town lots as they, or a majority of them, should deem most convenient for a county-seat for the county of Ray, containing not less than fifty, nor more than two hundred acres of land; and if such donation could not be obtained, the commissioners, in that event, were empowered to purchase a similar quantity of land, without any reservation whatever, for the pur- poses aforesaid. They were to pay in cash, ten dollars per acre. The deeds by them received were to be submitted to the circuit court for approval, and if approved by the court, the commissioners were to cause the land to be laid off' in town lots, or squares. They were further authorized to sell said lots, first reserving such as might be necessary for public buildings, and the money received from their sale was to be applied, first, "to the building of a good and sufficient jail, and the remainder toward the building of a court house and other public buildings." The commissioners were notified of their appointment, by the governor, and were required to take an oath, or affirmation before some judge, or justice of the peace of 'Ray county, to faithfully and impartially discharge the duties assigned them, and that they would not select any place for a seat of justice, wherein they, or any one of them, were directly or indirectly interested in the soil. They were required to render a true account of their proceedings to the circuit court at each term thereof, after their several appointments; they were also required to give bond, with at least two sufficient sureties, to be approved by the judge of the circuit court.
On and after the first day of January, 1821, the county of Ray was vested with all the powers, privileges and immunities of a separate and distinct county. It then became lawful for the sheriff, coroner and con- stable to "do and perform" all duties which those officers were required to do in the county of Howard; and all suits and actions then pending in
14
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HISTORY OF RAY COUNTY.
the county of Howard, were to be tried and determined in the same man- ner as though no division had taken place; all fees, fines, forfeitures, judgments due on the first day of January, or to become due in pursu- ance of suits, processes, taxes, or proceedings then commenced, were to be collected in the same manner as if the act creating the county of Ray had never been passed. Justices of the peace in the county of Ray, who acted as such while it was included within the county of Howard, had full power and authority to proceed in all cases commenced, or judgments given before them as justices of the peace for the county of Howard. Any person who acted as justice of the peace for that part of the county of Howard which fell into the county of Ray, was required to deliver to some justice of the peace of the township in which he resided " all dock- ets, documents, papers, and books," which belonged or related to his office of justice, "whole, safe and undefaced." The justice to whom they were delivered, receipted for the same, and it became his duty to proceed on such dockets, etc., in the same manner as the justice would have done had the act never been passed.
The first circuit court convened at Bluffton, on the Missouri river, in February, 1821, and the first county court at the same place in April of the same year. A district judge, three county justices, a county and cir- cuit clerk, and a sheriff, whose names will be given at the proper place in a succeeding chapter, were duly appointed. Thus was the municipal machinery of Ray county set in motion; and, save during a memorable period due to no default of her citizens, it has ever since continued to run smoothly and without retardation.
FIRST COUNTY SEAT, AND EARLY MUNICIPAL HISTORY.
The legislature, as already stated, by the act organizing Ray as a sep- arate county, made Bluffton, on the Missouri river, its temporary set of justice. There, of course, the courts were to be held, and all county business transacted, until the commissioners appointed to select a site for the permanent location of the county seat, should have performed that duty according to law; and until the title papers, conveying the land donated to, or purchased by them should be duly approved by the judge of the circuit court as the law provided. Such approval, as the sequel will show, was most tardily obtained; and, owing to the difficulty in selecting a more eligible place, to which a perfect legal title could be given, Bluffton continued to enjoy the distinction of being the "Seat of Justice " of a new, but large and prosperous county, for nearly seven years.
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HISTORY OF RAY COUNTY.
Tradition tells many interesting stories of " Old Bluffton," once a smil- ing village on the banks of the broad Missouri,
" Where health and plenty cheered the laboring swain " --
but it no longer exists, save in name, on the early official records, by traditional evidence, and in the memories of the oldest living inhabitants. In the latter repositories it must soon perish, as the oldest residents are fast joining the " innumerable caravan that travel to the pale realms of shade;" by the other means, however, aided-let us indulge the hope-by the pages of this volume, it will, no doubt, enjoy a longevity extending far beyond the limits of the present generation. In 1821, William B. Martin, Robert Nicholson and Timothy Riggs were the tavern-keepers of Bluff- ton. They received their licenses-for which each paid a "tax" of ten dollars-from the county court. Martin afterwards became a justice of the county court, and held other public positions of trust and profit. Timothy Riggs was a man of some prominence-a naive, garrulous, good-natured landlord, in whose house the first circuit and county courts were held. The records contain no mention of Nicholson and tradition fails to hand him down.
Ray county was organized before the ingenuity of man made the very elements subservient to his will. Not yet did the "rail-car snort from strand to strand;" and, in order to reach the seat of justice, on its south- ern border, persons in remote parts of the county, which then extended northward to the Iowa state line and westward to the Indian reservation, were compelled to traverse many miles either afoot or on horseback, as necessity required; and were often on the road from four to six days. This fact, doubtless, more than any other, made " tavern-keeping " profit- able even in the country; and many persons were licensed by the county court to "keep tavern," at their residences, in different local- ities in the county-a privilege lasting one year, and for which each licensee was required to pay a "tax" of ten dollars. Besides those already enumerated, Isaac Martin and Martin Parmer were among the early " tavern keepers." Of the former we shall have more to say here- after. Parmer, familiarly known as "Ring-Tail Painter," was a noted pioneer. He came to this county about the year 1816. In the fall of 1817 he built a log cabin near Grand river, in what is now De Witt town- ship, Carroll county, and established himself for the winter to engage in trapping. The cabin erected by Parmer is said to have been the first ever built within the present limits of Carroll county. Parmer was a celebrated Indian fighter, and in another place in these pages it shall be our pleasure to give an account of his heroic defense of helpness inno- cence. He was exceedingly eccentric in habit, rough in manners, unlet- tered, but warm-hearted, brave, generous and daring. He preferred the seclusion of the wilderness to the abodes of civilization; yet he became a
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politician, joining this pursuit to that of trapper and Indian fighter; and was the first man to represent Chariton county in the state general assem- bly. He first settled in Howard, afterwards Ray county, where he lived a number of years, endearing himself by deeds of valor, as well as by offices of kindness, to all his fellow-pioneers.
William Turnage, an Old School Baptist, was the village preacher of Bluffton. He also conducted religious worship at various places in the county. He was among the first settlers, and will be remembered as one of the pioneer preachers of the west; a devout and pure-minded man, whose earnest exhortations taught many souls to "flee from the wrath to come." But Rev. Turnage was not the only minister. Others, whose names will be mentioned hereafter, labored with him, and with equal fervor and fidelity.
The first legal judicial tribunal that ever sat in Ray county, was the circuit court, and it was held in the town of Bluffton, Monday, the 19th day of February, 1821.
David Todd personally appeared, and produced a commission from the governor of Missouri, appointing him judge of the first judicial circuit- Ray being one of the counties of that circuit. As this was among the first commissions granted by the first governor of the state, it is sub- joined in full:
" ALEXANDER MCNAIR, GOVERNOR OF THE STATE OF MISSOURI: To all who shall see these Presents, Greeting :- Know ye, that reposing special trust and confidence in the integrity, learning and ability of David Todd, Esq., I have nominated, and by and with the advice and consent of the senate, do appoint him circuit judge of the first judicial circuit in the state of Missouri, and do authorize and empower him to discharge the duties of said office according to law. To have and to hold the said office, with all the rights, privileges and emoluments thereunto appertaining unto him, the said David Todd, during good behavior, unless removed according to law.
" In testimony whereof, I have hereunto affixed my private seal (there being no seal of state yet provided.)
" Given under my hand at St. Louis, the 5th day of December, A. D., 1820, and of the independence of the United States, the 45th.
"A. MCNAIR. [SEAL.] "By the governor:
"JOSHUA BARTON, Secretary of State."
Hamilton R. Gamble, appointed by the supreme court, commissioned by the governor, was the first prosecuting attorney for the first judicial cir- cuit. He was present and entered upon the duties of his office. John Harris was appointed sheriff, and William L. Smith, clerk.
The following persons composed the
FIRST GRAND JURY:
John Vanderpool, foreman; William Tunnidge, Josiah Barns, Joseph
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HISTORY OF RAY COUNTY.
Dickson, William Scott, John Dickson, Daniel Shackelford, Samuel Prew- ett, William Rawlings, Charles Scott, James R. Walker, Jesse Fletcher, David Bryant, Daniel Duvall, Samuel Oliphant, William Ragan and Hugh Valandingham.
The grand jury retired and consulted, but having nothing to present were discharged. 'Twere better for the country, if modern grand juries were generally discharged for a similar reason.
At this first term of court, Hamilton R. Gamble, Peyton R. Hayden and John T. Mckinney, were the lawyers present. They were authorized to practice in the circuit court of Ray, and after allowing Timothy Riggs three dollars for the use of his house, the court adjourned till "court in course"-having been in session one day.
The following are the first bills of indictment, and they were presented at the second term of the circuit court, held June 18, 1821 :
THE STATE OF MISSOURI,
T'S.
LEWIS RICHARDS:
" Indictment for selling less than twenty gallons of whisky, without having obtained a license for retailing spirituous liquors. A true bill."
THE STATE OF MISSOURI,
vS.
LOVELL SNOWDEN AND
ZADOC MARTIN:
" Indictment for an affray. A true bill."
Richards plead "not guilty," but a verdict was rendered against him, and he was fined one hundred and twenty dollars and costs. The fine, however, was subsequently remitted by the governor.
Snowden and Martin plead "guilty," and were fined five dollars each. The first civil suits were instituted in the circuit court as follows:
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