History of Saline County, Missouri, Part 25

Author: Missouri Historical Company, St. Louis, pub
Publication date: 1881
Publisher: St. Louis, Missouri historical company
Number of Pages: 1008

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Before decisive measures were adopted for the expulsion of the Mor- mons at De Witt, trouble broke out in Daviess county, and the people of Carroll were called on for aid. While the attention of the people was directed to the disturbances in Daviess, Mormon recruits, in large numbers poured into the town of De Witt by land water, and their tem- porary habitation filled the grove of timber below the town. An attack on the Mormon encampment was made by the citizens in the latter part of September, 1838. Nobody was killed.

A few Saline men were present on this occasion, either as partici- pants or spectators. The Mormons retreated to their block houses, and the Carroll county people awaited re-enforcements, which soon reached them. A bloody conflict was avoided only by the efforts of Judge James Earickson and Wm. F. Dunnica, who negotiated for and obtained a treaty of peace, by the terms of which the Mormons were to leave DeWitt and Carroll county and pay for what property they had stolen or "appropri- ated" and destroyed, and the citizens were to pay the Mormons for the town lots belonging to the latter in DeWitt, and certain lands in the county .*

The people of Saline county were active sympathizers with their neigh- bors in Carroll, in this trouble, and assisted them very materially. Dr. W. W. Austin, of Carrollton, was the leader of the Carroll county forces. He appealed to Saline county for aid early in the fall and at about the beginning of the trouble, and his appeal was heeded. A company of rangers, numbering about twenty-five, was soon raised and crossed the river at Miami, reporting to " General" Austin for duty. This company

*Blackwell's History of Carroll county.

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HISTORY OF SALINE COUNTY.

was commanded by Capt. Wm. J. Wolfskill. The members were all well mounted and armed. Mr. Ephraim McClain was a member of the com- pany and furnishes an account of its movements. Upon arriving in Car- roll and reporting to Austin, it was sent to the north and northeast on a rapid march, and discovered that the Mormons, in considerable numbers, were coming in from Illinois and other states, and concentrating, with a view of assisting their brethren at DeWitt, having been apprised of the situation of affairs by emissaries sent out by Hinkle. Upon the completion of this scout, by the company, it was sent up to a crossing on Grand River, at Cross' farm, to prevent the Mormons from coming into the county from Illinois and other states, and re-enforcing Hinkle at DeWitt. In a day or two the company was divided, and half of it sent to a ferry five miles above the one at Cross' farm to guard that point. But a few days had passed when a body of Mormons made their appear- ance at the lower ferry, and attempted to cross. They were well armed but did not seem desirous of a fight. Capt. Wolfskill told them very pos- itively that they could not pass, and they went on to the upper ferry. But here they were again confronted by the Saline county men and turned back. Thereupon they made a wide circuit to the northward and gained the town of Far West. Very soon thereafter, Wolfskill's company was ordered back to Austin's headquarters, about three miles below the lower ferry, to take part in the intended attack on the block houses occu- pied by Gen. Hinkle. Upon the settlement of the difficulties and the con- clusion of the treaty of peace, Capt. Wolfskill and his company returned to their Saline county homes. The Mormons told the peace commis- sioners that they could easily have cleaned out Austin and his crowd, had it not been for " the d-d bear hunters from the other side of the river," meaning the men from Saline county.

In addition to the military movements already detailed, Gen. D. R. Atchison, major-general of the militia, by direction of Governor Boggs, called out the Saline county militia. Col. G. W. Lewis was commander of the - Regiment, composed of men from Pettis and Saline counties. The company from this county (there seems to have been but one) was commanded by Capt. Wm. Durrett. The adjutant of the regiment was Mr. Chas. L. Francisco, of this county. The regiment (or rather battal- lion, for it was only about 300 strong) marched, under orders, to Rich- mond, Ray county, to join the main body of the army under Gen. Atchi- son, then preparing to move against Jo. Smith and the Mormons. Soon after arriving at Richmond "peace was declared," and the expedition returned home, after an absence of about one week.

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HISTORY OF SALINE COUNTY.

ESTABLISHMENT OF THE COUNTY SEAT.

In 1839, the county seat was removed from Jonesboro to Arrow Rock, and from thence to Marshall. A history of this removal, it is believed, will be found of interest. February 5, of this year, the legislature passed an act authorizing the removal of the county seat of Saline county from Jonesboro to the center of the county, or as near thereto as practicable, and appointing five commissioners to fix the site for the new capital. These commissioners were Hugh Barnett, of Lafayette; Amos Horne, of Johnson; Joseph Dixon and George Mckinney, of Carroll, and Caton Usher, of Chariton. The commissioners met on Thursday, April 11, at the house of David Bailey, and on the 13th made the following report:

COMMISSIONERS' REPORT.

To the Honorable Circuit Court of Saline County, Missouri:

In obedience to an act of the general assembly, approved February 8, 1839, we, Hugh Barnett, of Lafayette county; Amos Horne, of Johnson county; Caton Usher, of Chariton county, and Geo. Mckinney, of Car- roll county, met at the house of David Bailey, in Saline county, Mo., on Thursday, the 11th day of April, 1839, for the purpose of carrying into effect the provisions of said act of the assembly, and, after learning the reasons why Joseph Dixon, of Carroll county, did not appear, we pro- ceeded to appoint, in lieu of Joseph Dixon, James Lucas, of said county of Carroll, and, after being duly sworn, according to the act of the assembly, we did proceed to ascertain, as near as possible, or practicable, the center of the county of Saline, according to a map of the said county, furnished us by the register of the land office, at Fayette, Mo., which we deemed to be in the center of section ten, in township 50, range 21; and, not find- ing it to be a suitable place for the location of a county seat, we proceeded to examine the lands generally around the center of section ten, as afore- said, and found, as we deemed to be the most suitable place nearest the said center of section ten to be upon the lands of Jeremiah Odell, in sec- tion 15, in township 50, and off range 21. Whereupon, the said Jeremiah Odell agreed to give, or donate, to the county of Saline, for the purpose of locating thereupon the permanent seat of justice for Saline county, sixty-five acres, to be taken from the north end of the east half of the northeast quarter of section 15, as above described; and, upon examining the title papers exhibited, and being satisfied that the said Odell's title was good, we have located the permanent seat of justice for Saline county, according to the act of assembly aforesaid, upon the sixty-five acres of land, to be taken from, as above stated, the north end of the east half of the northeast quarter of section 15, and in township 50, and off of range 21, donated by Jeremiah Odell, and have received from him a deed of general warranty for the said sixty-five acres of land, which is herewith respectfully submitted. [Signed by the five commissioners serving, April 13, 1839.]

Thursday, July 18, 1839, the report of the commissioners was approved by the judge of the circuit court, Hon. Wm. Scott. Messrs. John Brown 15

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HISTORY OF SALINE COUNTY.

and Lewis Carthral, by their attorney, Hon. David Todd, presented a remonstrance against the confirmation of the report, but, as their objec- tions were mostly, if not altogether, on trivial and technical grounds, this remonstrance was overruled. The judge appointed Cornelius Davis com- missioner to superintend the survey and platting of the town, sell the lots, etc .* The commissioner was ordered to advertise the sale of lots in the Boone's Lick Democrat and Western Emigrant, which he did, fixing the date of sale for September 23, following. The notice of the sale in the Boone's Lick Democrat, gave a very flattering description of the town site and surrounding country, and commending it to business men as a desirable point at which to locate. One hundred lots were ordered to be sold. The sale came off as advertised. Thos. M. Davis sold the lots, and Horatio S. Chalmers was clerk. The first lot sold was lot 1, in block 4, to Wm. Miller, for $15; the second, lot S in block 4, to Wm. Hook, for $10; the third, lot 2 in block 7, to Clement Craig, for $19; the fourth, lot 8 in block 7, to P. B. Harris, $26; the fifth, lot 7 in block 7, to Robert Isaacs, $41; the sixth, lot 6 in block 7, to Asa Finley, $136; seventh, lot 1 block 15, to Geo. Wilson, $105; eighth, lot 2 in block 15, to Wm. Lewis, $90. The highest prices paid for lots were by Gov. M. M. Marmaduke, who paid $185 for lot 3, in block 9, and Wm. Lewis, who paid $182 for lot 2, In block 20-both lots being "business lots " upon the public square, one being upon the north side of the northwest corner and the other upon the west side of the southwest corner.

The judge of the court ordered an election to be held August 5th, for the purpose of allowing the voters of the county to vote for and select a tem- porary seat of government for the'county. Three towns were contestants for the honor-Arrow Rock, Centre, and Greenville (Miami). The result of the vote was as follows:

For Arrow Rock. 217 votes.

For Greenville. 123

For Centre. 67

The county seat was therefore removed to Arrow Rock about the mid- dle of August or first of September, 1839. Various historical sketches of Saline county have been printed, but none of them state that there have ever been more than three capitals of the county, Jefferson, Jonesboro and Marshall. Indeed many persons yet live in the county,-old settlers, too, who have forgotten, if they ever knew, that Arrow Rock was once the county seat.

The first term of the county court in Arrow Rock was held Nov. 11, 1839. Gilmore Hays and W. A. Wilson were present as justices. The first term of the circuit court was held in November, 1839. Wm. Scott was

* Mr. John Duggins surveyed the tract of land, the sixty-five acres, where the town site was located.

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HISTORY OF SALINE COUNTY.

judge; John A. Trigg, clerk; David S. Wilson, sheriff. These courts were held, and indeed almost all the other business of the county transacted, in a double log building (to which was afterward added a frame), belonging to Benjamin Huston.

At the session of the county court in August, 1839, the new county seat was christened. In order that it might be certainly known for whom it was named, the court ordered: "That the permanent county seat of this county be called Marshall, in honor of John Marshall, late chief justice of the United States." Judge Marshall had died about four years previously.

At the November term the county court ordered:

That the commissioner of the county seat be and he is hereby required, authorized and required to give notice in the Boone's Lick Democrat and Western Emigrant that sealed proposals will be received by him

* * for the building of the court house. * * * * *

It is ordered that the court house be builded after a plan submitted to the court by Henry Hook, and said plan is ordered to be filed.

At the same time it was ordered "that the sum of $12,000.00 be and the same is hereby appropriated for the building of the court house, and in addition thereto any amount of money which may be donated by patriotic citizens for that purpose."

At the February term, 1840, the contract for building the court house was awarded to Wm. Hook for the sum of $9,000.00, payable in three installments, the building to be completed by November 1, 1841. Messrs. Majors and Richardson bid against Mr. Hook, their bid being $11,748.40.

The " plan" referred to by the court is here given, omitting unimport- ant details as to size of joists, material used in partitions, etc. The build- ing was completed according to the specifications, and cost in the aggre- gate about $5,000. It stood until burned down in August, 1864, by the men of Capt. Jackson's company of Confederate partisan rangers.

PLAN OF THE COURT HOUSE.

Forty-five feet by forty from out to out; foundation to be dug out two and a half feet wide, two feet under ground and two feet above ground; the wall above the ground to be cut-stone, to be bush hammered, and all the stonework to be laid in lime and sand mortar; the first story of brick, to be twenty-two and half inches thick, fifteen feet high; second story eighteen inches thick, and nine feet high, and thirteen inches to the finish- ing of the gable ends. * * * The roof to be a principal one, framed sufficiently strong to support a cupola, well sheeted and

shingled. * *

* Two staircases to start on the lower floor and land on the second. x

* Also, thirty-one venetian *

blinds for the thirty-one windows. *

* The house is to be painted in a neat and fashionable style. All the above work to be done in a neat and workmanlike manner, with good material.

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HISTORY OF SALINE COUNTY.

EARLY RECORDS.

The first deed or document, conveying, or giving title to, real estate, ever recorded in this county, is in words and figures as follows, to-wit:

Know all men by these presents : That I, Charles Simmons, of Howard county, state of Missouri, of the one part, and Cornelius Davis, of Saline county, and state aforesaid, of the other part, witnesseth, (sic) that for and in consideration of the sum of $800 to the said Charles Simmons in hand, paid by the said Davis, before the ensealing and delivering of this instru- ment (a receipt for the same is, by the said Simmons, acknowledged and confessed), hath granted, bargained, and sold, and by this instrument doth grant, bargain, and sell unto the said Cornelius Davis, of the second part of this instrument, and to his heirs and assigns, forever, one hundred and fifty arpents of land in Saline county, aforesaid, being a part of an undi- vided tract of three hundred arpents of land, generally called a New Madrid claim, originally claimed by and confirmed to David Wintzell under John Latham, located under the act of congress, of 17th of Febru- ary, 1815, so as to include fractional section No. 25, and the southeast quarter of section No. 26, and as much off the north side, by an east and west line of the northwest fractional quarter of section No. 36, as will make up and include the quantity of three hundred arpents of land-all in township No. 52, north of the base line of range No. 19, west of the 5th principal meridian, south of the Missouri river; and the said Charles Simmons doth further covenant and agree to and with the said Cornelius Davis, that he will well and truly warrant, and forever defend the said mentioned one hundred and fifty arpents of land to the said Davis, his heirs and assigns, forever against the claims or lawful claims of all and every person or persons, whatsoever.

In testimony whereof, I have hereunto set my hand and seal, this 14th day of January, 1821.

CHARLES SIMMONS. [L. s.]

Signed, sealed, and delivered in presence of us.

ROBT. WALLACE. W. S. EDWARDS.

STATE OF MISSOURI, SALINE COUNTY.

Personally appeared before me, the subscriber, a justice of the peace within and for the county aforesaid, William S. Edwards, one of the sub scribing witnesses to the within deed, who, after being sworn as the law directs in such cases made and provided, states that he was present, and saw Charles Simmons sign, seal, and deliver this instrument of convey- ance-to be his act, and deed, hand and seal, for the purposes therein con- tained; and that he subscribed the same as a witness in the presence of the subscribing witness (and) Robert Wallace.

WM. S. EDWARDS.

Subscribed and sworn to before me, this 15th of June, 1821. PEYTON NOWLIN, Justice of the Peace.

The land described in the foregoing instrument immediately adjoins the town of Cambridge, in the township of that name. The term, " a New Madrid claim," is thus explained: After the great earthquake at and in

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HISTORY OF SALINE COUNTY.

the vicinity of New Madrid, in December, 1811, congress passed an act for the relief of the settlers who had been injured by that great convulsion of nature,* giving each of them certain favors and privileges in regard to re-entering or locating land in other parts of the state. In some instances this relief amounted to an absolute grant of land. Although this instru- ment is not exact and particular as to language and composition, amount- ing to incoherency in some particulars, yet its general purport and intent were and will be understood by him whom it did and does concern.

The next deed recorded was made by Taylor and Fanny W. Berry to Thos. A. Smith, for "a certain tract or parcel of land lying and being in the county of Saline, on the south bank of the Missouri river, containing six hundred and forty acres, more or less, it being the west half of frac- tional section No. 35, the east fractional half of section 34, and so much of the east end of the northwest fractional quarter of said 34th section as will make the quantity ;- all in fractional township 53 north and range 20 west, of the 5th principal meridian line, it being the same tract of land which was on the third day of July, 1820, patented by the United States under the earthquake law to one Eustace Delisle. The date of this deed was March 13, 1821.

FIRST BOND FOR A DEED.

Know all men by these presents, that I, Benjamin I. Carnahan, am held and firmly bound, with my heirs, executors, and administra- tors, unto Henry V. Bingham, his heirs or assigns, in the sum of one thousand dollars, lawful money, to him well and truly to be paid. In witness whereof I hereunto set my hand and seal this 20th day of October, 1821. The condition of the above obligation is such, that if the above bound Benjamin I. Carnahan does make unto the said H. V. Bingham, his heirs or assigns a good title in fee simple for the last half of the southwest quarter of section 35, in township No. 50, north of range No. 19 west, containing 80 acres, to be laid off in the following manner, viz .: Beginning at the northeast corner of said quarter section and run- ning west with the line of said quarter section until it crosses the ravine which empties into the spring; branch a few steps below the spring near Carnahan's house; thence along the said line three poles from said ravine and there make a corner X, and running from said corner a southwardly direction so as to include said spring and strike the south line of said quarter section so as to divide the quarter section equally; and the said Carnahan, if he does make as above stated, a good title in fee simple, so soon as the patent can be obtained from the general land office, then the above obli- gation to be void; else, to remain in full force and virtue.

BENJAMIN I. CARNAHAN. .

This bond was acknowledged before Geo. Chapman, a justice of the peace of Howard county, October 20, 1821.

*The act was passed Feb. 17, 1815, and was entitled, "An act for the relief of the inhabi- tants of the late (!) county of New Madrid, in Missouri Territory, who suffered by earth- quakes."

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HISTORY OF SALINE COUNTY.

FIRST CHATTEL MORTGAGE.

The following document, while not literally a chattel mortgage as it would now be written, is to all intents and purposes a document of that character:

Know all men by these presents, that I, James McReynolds, of the state of Missouri, for the consideration of $200 to me in hand paid by Samuel McReynolds, acting as agent for Joseph McReynolds, of the state of Ten- nessee, hath and do by these presents grant, bargain, and deliver to the said Joseph McReynolds, or said agent, a certain negro boy, named San- cho, aged about 25 years old, which negro is healthy and sound, both in body and mind; the title of which property I do forever warrant and defend to the said Joseph McReynolds, his heirs, etc. In witness whereof I have hereunto set my hand and affixed my seal this 26th day of May, 1821.

JAMES MCREYNOLDS. [L. S.]

The condition of the above bill of sale is such that in the instance of I, the said James McReynolds, paying to the said Joseph McReynolds, or agent, the sum of $200 current money of the state of Tennessee on or against the first day of December, 1821, then in that case the above bill of sale to be void and of no effect, neither in law nor equity; otherwise to remain in full force and virtue both in law and equity.

JAMES MCREYNOLDS.

FIRST DEED OF EMANCIPATION.

Know all men by these presents, that I, Isham Reavis, of Saline county, in the state of Missouri, do by these presents, for and in consideration of the hitherto faithful servitude of my servant woman, Patience, about the age of 36 years, and for the further consideration of the sum of sixty dollars to me in hand paid, the receipt whereof is hereby acknowledged, have this day liberated, emancipated, and set free and at liberty the said negro woman Patience, and her young child, named Elizabeth Jane, about 18 months old, and also all her future increase; and the said woman and child are hereby set free and emancipated from myself and my heirs, and from all persons claiming title to them under me. In testimony whereof, I have hereunto subscribed my name and affixed my seal, this 15th day of December, 1827.

ISHAM REAVIS.

Witnesses: Jas. Stevens, Wm. Gleason, Geo. Chapman.

FIRST DEED OF GIFT. SALINE COUNTY, STATE OF MISSOURI, February 28,1825.

We, the undersigned, do certify that Anthony Thomas, Sr., did, this morning, about nine o'clock, being indisposed in health, though of sound mind and memory, call on us both to bear testimony to his declarations, which, after calling his youngest son, Anthony C., and his slave, George, before his presence, then [spoke] as follows, to-wit: "In consequence of Anthony having been afflicted with a scrofulons white swelling, and his liability to further afflictions of the kind, I believe him to be constitution- ally debilitated, and have, therefore, thought it expedient [to give him] this boy, George." He, then, taking the slave, George, by the hand,

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HISTORY OF SALINE COUNTY.

delivered him to the said Anthony, saying: "Before these witnesses, I give, bequeath, and deliver to you, Anthony, my son, for yourself, your heirs and assigns, forever, this slave, George; but you are not to take full possession of him during your mother's or my lifetime." In witness of which we have hereto set our hands and seals the day and year above written.

[L. s.] PERRY G. BUCK. [L. S] JOHN D. THOMAS.

PROCEEDINGS OF THE FIRST TERM OF THE COUNTY COURT.

The first term of the Saline county court was held at the town of Jef- ferson, April 16, 1821. It was composed of but two judges at the time, Hons. Bartholomew Gwinn and George Tennille. Each produced his commission, signed at St. Louis, by Gov. Alex. McNair, attested by his private seal, "there being no seal of the state yet provided," and counter- signed by Joshua Barton, secretary of state, under date of December 8, 1820. The act of the legislature organizing the county had been approved November 25, 1820.

The oath of office was administered to Judges Gwinn and Tennille by Rev. Peyton Nowlin, acting justice of the peace. "And thereupon," says the record,

" The Hon. Bartholomew Gwinn and George Tennille, Esq., caused proclamation to be made, and took their seats, and constituted a court for the said county of Saline, according to law.

"It is ordered, By this court that Benj. Chambers be appointed their clerk, and he accordingly took the oath to support the constitution of the United States, and of the state of Missouri, and to demean himself faith- fully in the discharge of his duties as clerk to this court, and further to produce to this 'court a bond, with sufficient securities, as required by the law of the state, at their next term.

" Ordered, That Jacob Ish, Payton Nowlin, Peter Huff, Wm. McMa- han, and Charles English are appointed commissioners of the school lands within this county, and from this day to assume the powers given them by law-and were accordingly sworn in open court.

"Ordered, That Alexander Goodin be appointed constable for the town- ship of Jefferson, by his complying with the terms required by the laws of this state, and having then produced sureties to the satisfaction of the court, and having taken the necessary oaths, was qualified, according to act, in his office.

"Ordered, That Joseph H. Goodin be appointed assessor for the county by complying with the law."

Ordered, That David Warren be appointed collector for the county by complying with the law.

"Peyton Nowlin, Esq., is appointed to survey the line between the county of Saline and Cooper, in conjunction with Dr. Hart.

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History of Saline County, Missouri, Part 25

Author: Missouri Historical Company, St. Louis, pub Publication date: 1881 Publisher: St. Louis, Missouri historical company Number of Pages: 1008

Author: Missouri Historical Company, St. Louis, pub
Publication date: 1881
Publisher: St. Louis, Missouri historical company
Number of Pages: 1008