USA > Missouri > St Charles County > History of St. Charles, Montgomery, and Warren counties, Missouri, written and comp. from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri > Part 104
USA > Missouri > Montgomery County > History of St. Charles, Montgomery, and Warren counties, Missouri, written and comp. from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri > Part 104
USA > Missouri > Warren County > History of St. Charles, Montgomery, and Warren counties, Missouri, written and comp. from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri > Part 104
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That your petitioner has spent a long life in exploring the wilds of North America ; and has, by his own personal exertions, been greatly instrumental in opening the road to civilization in the immense territories now attached to the United States, and, in some instances, matured into independent States.
An ardent thirst for discovery, united with a desire to benefit a rising family, has impelled him to encounter the numerous hardships, privations, difficulties and dangers to which he has invariably been exposed. How far his desire for discovery has been extended, and what consequences have resulted from his labors, are, at this time, unnecessary to be stated.
But your petitioner has thus opened the way to thousands, to countries possessed of every natural advantage, and although he may have gratified his thirst for discovery, he has to lament that he has
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not derived those personal advantages which his exertions would seem to have merited. He has secured but a scanty portion of that im- measurable territory over which his discoveries have extended, and his family have reason to regret that their interest had not been more the great object of his discoveries.
Your petitioner has nothing to demand from the justice of his country, but he respectfully suggests that it might be deemed an act of grateful benevolence, if his country, amidst their bounties, would so far gratify his last wish, as to grant him some reasonable portion of land within the territory of Louisiana.
He is more induced to this. request, as the favorite pittance of soil to which he considered he had acquired a title under the Spanish government has been wrested from him by a construction of the existing laws not in his contemplation, and beyond his foresight. Your petitioner is not disposed to murmur or complain ; but con- scious of the value and extent of his services, he solicits some evi- dence of their liberality.
He approaches the august assemblage of his fellow-citizens with a confidence inspired by that spirit which has led him so often to the deep recesses of the wilds of America ; and he flatters himself that he, with his family, will be induced to acknowledge that the United States know how to appreciate and encourage the efforts of her citizens, in enterprises of magnitude, from which proportionate public good may be derived. (Signed )
DANIEL BOONE.
This petition was received, a bill was drawn up and introduced in the lower house, granting him the original 1,000 arpents which he had received from the Spanish government, and the whole matter was referred to a Senate committee, which after consideration, on January 12, 1810, reported as follows : -
That at a period antecedent to the Revolutionary War, Daniel Boone, the petitioner, possessing an ardent desire for the exploration of the (then ) western wilderness of the United States, after traversing a length of mountainous and uninhabited country, discovered, and with a few bold and fearless fellows, established, with a perilous hardihood, the first settlement of civilized population in the (now ) State of Kentucky. That in maintaining the possession of that country, until the peace of 1783, he experienced all the vicissitudes of a war with enemies of the most daring, insiduous and cruel, and which were aided by Cana- dians from the British provinces of Upper Canada, and that during that contest he lost several children by the hands of savages.
That it appears to the committee, that although the petitioner was not officially employed by the government of the United States, yet that he was actually engaged against their enemies, through the whole War of the Revolution.
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That in the exploring, settling and defending of that country, he eminently contributed to the early march of the American Western population, and which has redounded to the benefit of the United States. That your petitioner is old, infirm, and though dependent on agriculture, by adverse and unpropitious circumstances, possesses not one acre of that immeasurable territory which he so well defended, after having been the pioneer of its settlement. The petitioner disclaim- ing all idea of a demand upon the justice of his country, yet requests, as a grateful benevolence, that Congress would grant him some reas- onable portion of land in the Territory of Louisiana. The com- mittee, upon the whole circumstance of the merit and situation, beg leave to report the bill without amendment.
The entire and perfect justice of Boone's request was admitted, yet the Board of Land Commissioners reported adversely upon the grant.
Boone was kept in suspense for three long years, when on Decem- ber 21, 1813, through the intercession of a few leading and represent- ative men, who contended that he should be rewarded for his noble and self-sacrificing efforts, the bill passed, the grant was confirmed, and he became the owner of his Femme Osage tract.
In 1802 settlers had located in such numbers throughout the Femme Osage country, that the people perceived the necessity of local gov- ernment of some character, and by common consent, Col. Boone was selected as commandant of the district. In this position he had dis- cretionary powers which amounted to an absolute dictatorship, had he chosen to so apply them. On the contrary, he was just and charita- ble in all his decisions, punishing severely all offenders against the law, and at the same time doing everything in his power to attract immigration and increase the prosperity of the Territory.
Offenders were brought before him, their cases heard, and when found guilty, it was the general practice to whip them on the bare back, a mode of punishment now out of vogue, but one which is salu- tary in its effect. Long after the Territory of Upper Louisiana was purchased by the United States, and the common laws of the country became established there, citizens who had become engaged in litiga- tion, were accustomed to go to Boone for advice, and ignoring the fact that such a tribunal as a court of law existed, they preferred to submit their disputes to him as arbitrator, both sides having the ut- most confidence in his honesty, integrity and judgment.
On the 13th of March, 1813, Boone met with an irreparable loss in the death of his wife. The old couple were very much attached to each other. They had together braved the dangers of the backwoods ;
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had together seen the wilderness blossom like the rose; in each other's company they had witnessed and faced death upon many occasions, and when Mrs. Boone breathed her last, the Colonel was indeed an afflicted person. His wife was buried on what is now the farm of Henry Dickhaus, about a mile south-east of Marthasville.
After the death of his wife, the old hero made his home at the house of his daughter, Mrs. Flanders Callaway, who resided on Teuque creek, near where Mrs. Boone was buried. Following his removal to this place, his life was passed in hunting and trapping, and he often made long and dangerous journeys, going hundreds of miles away from home, in quest of furs. When not absent on these trips he fre- quently went the rounds visiting his relatives and children, who had settled about the vicinity of the Femme Osage creek.
During the summer of 1820 Col. Boone was stricken with a severe attack of fever while at Mrs. Callaway's, but owing to his rugged con- stitution, he readily recovered his average health. He shortly after- wards visited his son, Nathan, on the Femme Osage, and while there was again taken sick. Everything possible was done for him, but to no purpose, and after an illness of three days, he peacefully and quietly passed away, breathing his last on September 26, 1820.
Col. Boone had directed that his body should be placed beside that of his wife, in the family buring ground of the Bryans, on Teuque creek, and here, on the second day after his death, his remains were interred, in the presence of a vast concourse of people, who came from long distances to pay their last sad tribute of respect to the man who, throughout all his long and eventful life, had but one rule to govern all his actions : ' Do unto others as you would have others do unto you."
The constitutional convention of Missouri was in session at St. Louis when Boone's death was announced. The convention, upon motion of Hon. Benjamin Emmons, of St. Charles county, ad- journed for one day, and it was ordered that the members wear the usual badge of mourning for thirty days out of respect to the mem- ory of the dead hero.
Daniel Boone's life was one of heroic self-sacrifice, and amidst the wild, dangerous and romantic surroundings of his career, there ap- pears constant evidences of his rugged and manly character. His honesty of purpose was never questioned. He had a heart as tender and loving as a woman's, was ever ready to assist the afflicted, would impoverish himself to be of assistance to those in need, was kind, generous, fearless and just, and went to the presence of his Maker regretted not only by his immediate family friends and neighbors, but
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also by the people of the entire country, for whom he had done so much during a long and eventful life. History has already recorded the events of his life, and a thankful people will ever keep in remem- brance these achievements. Posterity owes to him a debt of grati- tude which time can not recompense. His discoveries, the simplicity of his character, the fearless and undaunted manner in which he led the pioneers of his time, will always be subjects of intense interest. Col. Boone never made a confession of religion, his only precept be- ing an honest fulfillment of the golden rule, " Do unto others as you would have others do unto you."
The grave in which Col. Boone was first interred is located in a picturesque spot on Teuque creek, about a mile from the Missouri river, glimpses of which are to be had from the graveyard of the Bryna family, where the old backwoodsman was laid beside his beloved wife. The grave has sunken in, the tombstones have been carried away and at the present day the grounds are in a neglected condition, although efforts are being made to build a suitable fence about the spot and to erect a monument over the grave where was buried the remains of a man great in his character, great in the accomplishments of his life and whose achievements mark an era in American history.
Immediately after his death Mr. Harvey Griswold, who represented Montgomery county in the State Legislature, introduced a bill before that body, appropriating $500, for the purpose of erecting a monument over the graves of Boone and his wife. The measure was defeated, however, and the Legislature of Kentucky, hearing of this action, immediately passed a bill appropriating $10,000 for that purpose, and instructing the Governor to secure the remains for burial in that State. A committee was appointed, headed by the Hon. John J. Crittenden, and being instructed to proceed to Missouri, they arrived at the grave on July 17, 1845, and formally requested that they be allowed to exhume the remains. Mr. Griswold, who had taken great interest in the disposal of the remains of the renowned backwoods- man, and Mr. Bryan, in whose family burial lot the bones had reposed for so many years, at first objected to the removal, but after consider- able discussion, during which the Kentuckians agreed to speedily complete the monument, so richly merited by the deceased pioneer, permission was granted them to open the grave. The following report of what occurred at the grave is taken verbatim from the St. Louis Reporter of August 2, 1845 : -
On the 17th inst. the remains of Daniel Boone, the celebrated Western pioneer, and those of his wife, were disinterred and removed
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from Warren county, in this State, to be taken to Frankfort, Ky., where they are to be re-interred and a monument erected over them. Mr. Griswold, on whose land the graves were, objected for a time to their being disturbed, but yielded on being assured that the living relations of the deceased had given their consent. After the exhuma- tion, Mr. Crittenden, of Kentucky, made a neat and appropriate address on the character of Boone, the hardy Western adventurer, to which Joseph B. Wells, Esq., of Warren county, responded.
We regret that these remains were not suffered to lie where they were originally buried-that the sacred relicts should be removed from our State, to receive at the hands of others the honors Missourians should have rendered. It is true the fame of Daniel Boone is identi- fied with the early history of Kentucky, but it is none the less dear to Missourians, among whom he passed the closing years of his life. They should have objected to the removal of his remains, and kept them here, as precious relics of a by-gone age.
The history of Boone is connected with the history of Missouri, and our State pride should have been sufficiently aroused to prevent others from doing that honor to his memory, which it was our peculiar duty to pay. He chose his burial place among us. It should never have been disturbed ; but over his grave a monument should have been erected to show that we appreciated properly his manly virtues and heroic exploits. But since our neglect to move in this matter, we have no good ground to complain, that others have stepped forward to perform the work for us.
The headstones originally placed at the graves of Boone and his wife were quarried out of a rocky ledge on the Femme Osage creek, about a mile and a half from the residence of Nathan Boone, where the old couple lived and died. The name of the stone cutter can not be obtained. They were roughly dressed, and taken to the home of John S. Wyatt, a blacksmith, who in those days lived near Marthas- ville. Mr. Wyatt cut the names and figures upon the stones, but exactly where they were taken after the disinterment is a question. It is claimed that Dr. Samuel Jones, a descendant of the pioneer, now living in Henry county, took the stones, and now has them in his pos- session, and it is also said that one of the head stones is in the museum of Fayette College, in this State.
When the remains finally arrived at Frankfort, Ky., an informal interment was had, on September 13, 1845. What remained of the bodies were placed in the graves, which were partially filled up, in which condition they remained for over 25 years, and it was not until about the year 1880 that the monument was erected over the final resting place of the renowned frontiersman, although the appropria- tion for that purpose was made in 1845.
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Boone sleeps beneath the protecting shade of a beautiful grove in the cemetery at Frankfort, and his memory is yet green in the minds of persons now living. His career, splendid in its completeness, shining with valorous deeds and full of the characteristics that com- prise the sum of general manhood, has been given a place in the list of renowned Americans. Requiescat in pace.
CHAPTER IV. BENCH AND BAR.
The Warren County Bar in the Past - Hon. Ezra Hunt -Judge Carty Wells -- Col. Frederick Morsey - Hon. L. J. Dryden - Hon. Chas. E. Peers-W. L. Morsey - Peter P. Stewart.
From the ranks of the legal fraternity have come many distinguished men of the world. This is especially true of America, where the pro- fession has included seven-tenths of the great men of the country. The political history of the United States includes the names of many renowned men, whose early training was for the law, and whose stand- ing in that profession first gave them prominence, and who attribute their original entry into public life to the fact that they were disciples of Blackstone.
The study of Kent's Commentaries, and the logical deductions laid down in Greenleaf's Rules of Evidence, have equipped many brilliant minds for the consideration of the weighty questions of public policy that mark the progress of American history. Men, born in obscurity, without the benefit of collegiate educations, have risen to national renown through their own unaided efforts in the legal profession and a careful study of the old Latin aphorism, jus et norma loquendi, the law and rule of speech.
Warren county has made a creditable showing in this respect, and the names of the lawyers who have practiced at the bar include many men of prominence. Space will not permit a reference to all the noted individuals who have demonstrated their legal learning since the courts were organized in the county, but mention will be made of some of those who have left the impress of their ability, and to whom residents of the county point with pride and admiration.
Among the prominent attorneys who signed the rolls in the earlier days of the Warren county courts, were the Hon. Ezra Hunt, who was the second judge of the circuit court, a man of profound learning and highly respected ; Sinclair Kirtley, present judge of the probate court of Ralls county ; John Jamison, a leading attorney, and after- wards a member of Congress ; William Young, who is now living at Troy ; William M. Campbell, renowned as a great jury lawyer ; Foster P. Wright, ex-judge of the circuit court of Vernon county ; John D
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Coalter, who, at one time, entered a large quantity of public land in Warren county ; Thomas W. Cunningham, who was formerly the law partner of Judge Arnold Krekel, and who now resides in St. Charles ; George W. Huston, afterwards registrar of lands for Missouri ; John D. S. Dryden, ex-judge of the State Supreme Court, and now residing in St. Louis ; W. V. M. Bay, ex-judge State Supreme Court ; A. H. Buckner, ex-judge of the circuit court and member of Congress ; James O. Broadhead, a lawyer of national reputation, and who was at one time prominently mentioned as the Democratic nominee for Vice- President of the United States ; John Scott, afterwards presiding judge of the State Supreme Court ; N. P. Minor, present judge of the probate court of Pike county; Arnold Krekel, one of the most prom- inent lawyers of the entire State, and for 20 years judge of the United States district court for the Northern district of Missouri, and who now resides in Kansas City ; Alfred W. Lamb, formerly president of the Hannibal and St. Joe Railway ; Andrew King, who was a member of Congress from the Seventh district; Aikman Welch, who was at one time Attorney-General of the State ; D. O. Gale, ex-judge of the circuit court ; Frederick Morsey, prominent both as a lawyer and a soldier during the Civil War; A. V. McKee, who was considered an exceedingly fine lawyer, and who served as a member of both the State constitutional conventions, and died in 1884 at Troy, Lincoln county ; John D. Stevenson; now health commissioner of the city of St. Louis ; W. S. Lovelace, ex-judge of the State Supreme Court, and L. J. Dryden, now a prominent practicing lawyer at Warrenton.
HON. EZRA HUNT.
Ezra Hunt was the first judge of the circuit court of Warren county, and held the office from 1836 to 1848. Judge Hunt was a native of Massachussetts, and came to Missouri in 1819. He was not only a man of classical education, but was a diligent student through life. This fondness for literary pursuits, and his love for legal research, caused him to accumulate a fine library, by the use of which he became a sound lawyer, a ripe scholar, a jurist just, learned and true. During the arguments of lawyers, when directed to jurors, he often left the bench, and taking a seat among the old farmers, engaged in pleasant conversation, not regarding this as an exhibition of a want of dignity, necesssary to the administration of justice. It demonstrated the natural kindness of his heart, and made him im- mensely popular with the people. He was exceptionally popular
57
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with the profession, especially among the younger members of the fraternity, to whom he was kind and courteous, endeavoring to relieve them as much as possible of the embarrassment that generally attends a young practitioner. He was a humorous man, loved a good joke, and would laugh at a good story until his sides shook. On the 19th day of September, 1860, while in conversation with a party of lady friends, at the hotel in Troy, he suddenly dropped dead, and expired in an instant. In the twinkling of an eye thus passed away a man whose kindly disposition had endeared him to the entire community, and whose scholarly attainments placed him among the great lawyers and jurists of the State. A daughter of Judge Hunt is the wife of the Hon. D. P. Dyer, ex-member of Congress from St. Louis.
JUDGE CARTY WELLS.
Judge Carty Wells succeeded Judge Hunt upon the bench in 1848. Previous to his election to the circuit bench, he was clerk of both the county and circuit courts, being the first man to occupy that position. In 1842 Mr. Wells was elected to the Legislature from Warren county, and was again a candidate in 1858, but withdrew from the race before the election. There was a split in the Democratic party at that time, and Wells and Womack were both candidates. Womack had received the regular party nomination, and Judge Wells ran upon an inde- pendent ticket. The rival candidates conducted a joint canvass, but during the excitement of the campaign Judge Wells' health failed and he was obliged to withdraw. Judge Wells was a fluent and argumentative talker, but made no effort at oratory. He addressed himself to the understanding of his hearers, and endeavored to secure their confidence and good will. He was genial and pleasant, mixed freely with the people, made friends readily, and never assumed an air of superiority. His examination of witnesses was ingenious and shrewd. Upon one occasion he was defending a man for stealing an ax and undertook, without previous knowledge of what the witness would swear, to show his client's good character. He asked the wit- ness the usual questions as to acquaintance, etc., and then if, from his reputation, he believed he would steal an ax. The witness said he would rather not testify, but Judge Wells insisted. " Well," said the witness, " if I must, I must. As to the general character, I think the least said the better ; as to his stealing an ax, that is a leading question." " Answer the question," said the court. " I can't say the old man would steal an ax, but I can swear that when he wants an ax he is bound to have it." The result of that kind of testimony
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can well be imagined. After a long and useful career Judge Wells died on his farm near Troy, Lincoln county, about 20 years ago, leaving a respected memory and a host of warm, personal friends.
COL. FREDERICK MORSEY.
Frederick Morsey was born in the city of Hanover, Prussia, and canie to America in 1833. He settled in Warren county in 1834. Mr. Morsey was a college graduate, and thoroughly versed in the pro- fession of civil engineering and an accomplished surveyor. Under his supervision many of the lines in Franklin and Warren were formerly established. Soon after his arrival in Warren county he thoroughly mastered the English language, studied law, was admitted to the bar of Warren county and established a lucrative practice. Upon the breaking out of the War of the Rebellion Mr. Morsey re- mained true to the cause of the Union, enlisted in the Northern army and served as lieutenant-colonel of the Tenth Missouri cavalry. At the close of hostilities he returned home and again began the practice of his profession, in company with his son, W. L. Morsey. Mr. Morsey was one of the leading men of Warren county, foremost in all public enterprises, a conscientious and upright gentleman, and universally respected by all who knew him. He died mourned by the community who had so long recognized his sterling worth.
LEONIDAS J. DRYDEN.
Among the prominent lawyers now in active practice in Warren county, none are more widely known or more universally respected than Leonidas J. Dryden, who was born in Montgomery county, De- cember 31, 1835. He was educated at St. Paul's College, Palmyra, Mo., read law in the office of his brother, John D. S. Dryden, and was admitted to the bar at Warrenton in 1859. Mr. Dryden has given particular attention to commercial law, in which specialty he has few superiors. He was an honored and useful member of the Constitutional Convention of 1875, where his abilities were generally acknowledged. In 1877 he was elected to the State Legislature, where he again demonstrated his capacity as a law-maker. Mr. Dryden has an elegant home and a very interesting family, to whom he is devotedly attached.
HON. CHARLES E. PEERS.
Charles Edward Peers was born at Troy, Lincoln county, Mo., May 2, 1844. His father, Edward J. Peers, was a native of Prince Will-
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iam county, Va., and the son of a Revolutionary soldier. He married Miss Cytha Stone Reynolds, of Bowling Green, Ky., the mother of the subject of this sketch.
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