USA > Missouri > History of southeast Missouri : a narrative account of its historical progress, its people and its principal interests, Volume I > Part 25
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Wilkinson, the new governor, was a man about whom there has raged a great deal of controversy. We have seen that he was the commander of the American forces along the Mississippi river and that he had been one of the two commissioners appointed to receive the transfer of the territory. By some people he was regarded as a very able man. It was Wilkinson who denounced Burr, and he was one of the men responsible for Burr's arrest and trial. He did not testify in that ease but attended the trial and was ready and even anxious to appear against Burr. It is now known that Wilkinson was for a long time in the pay of the Spanish government. It was his interferenee that caused Governor Miro to oppose Morgan's plan at New Madrid, and there seems to be no doubt that Wilkinson was for some years, even while in command of the forces of the United States, in correspon- dence with Spanish officials and considering with them a scheme by which the people of the western part of the United States along the Mississippi river, could be induced to throw off their allegiance to the government of the United States and attach themselves to Spain. For his services in these matters Wilkinson seems to have received a pension from the Spanish government, and there is no reason to doubt that he was very well dis- posed toward Spain.
His actions as governor of the new territory
caused a great deal of antagonism and bitter feeling. Ile was accused of having tried to speculate in land even while he was governor, he seemed to have been opposed to the Amer- ican settlers in the territory and to have been a friend to the French. He failed also to be able to deal successfully with his subordinates and was in constant trouble on account of differences with the men who served under him. It is said that he became so enraged against Easton, who had been one of the judges of the superior court and was later postmaster at St. Louis, that he refused to allow his mail to be sent through a postoffice over which Easton presided. He engaged in a feud with a number of the officers of the territory ; he seemed to have no tact or ability to manage affairs at all. A very strenuous effort was made to have him removed from office; he was charged with oppression and negleet and with cruel conduct, and the charges against him were pressed with so much violence that finally Jefferson removed him from office on Marel 3, 1807.
Wilkinson was succeeded by Meriwether Lewis. Lewis' name will always be famous on account of his association with Clark on the celebrated expedition sent out by Jefferson to explore the northwestern part of the newly purchased territory of Louisiana. He found affairs in Louisiana in a deplorable state. The people were hostile to the government; they were divided into factions, and strife and bit- ter feeling raged everywhere. Lewis was an able man and a diplomat and he very soon established a feeling of respect for himself and the office which he held that went far toward restoring tranquility in the territory.
We have seen that the administration of Governor Lewis was successful, he possessed qualities which made him a valuable leader in any community and which enabled him to
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bring order out of the confusion existing in Missouri. In September, 1809, while travel- ing through Tennessee on his way to Wash- ington, he committed suicide. After his death President Madison appointed General Benja- min Howard, of Kentucky, as governor of the territory. General Howard held office until 1810, when he resigned to accept a brigadier generalship in the army of the United States. Howard county was named in his honor.
William Clark who was a captain in the army of the United States and the other prin- cipal in the expedition of Lewis and Clark was appointed governor and held office until the admission of Missouri into the Union. .
On the 4th day of June, 1812, Missouri was organized into a territory with a governor and general assembly. The territory had pre- viously been organized as a territory of the first or lowest class. In the territory of this class, as we have seen, the sole power was vested in the governor and judges with other officers, all of whom were appointed by the president of the United States. In other words. the people of a territory of the first class had no right of self government so far as the administration of the general affairs of the territory was concerned. This, we remem- ber, was one of the grievances of the people of Louisiana as set out in the petition pre- sented to Congress in 1805, but by the act of 1812, the territory was raised to the second class. Under the provisions of that aet, the legislative power of the territory was vested in the governor, legislative council, and a house of representatives.
The governor was to be appointed by the president of the United States. He had power of absolute veto over all the actions of the general assembly. The legislative council was to consist of nine members who were to
hold their office for a period of five years. The members of this council were selected in the following manner: The territorial house of representatives nominated eighteen per- sons, and the president of the United States from this number selected nine members of the legislative council. The house of representa- tives consisted of members who held office for a term of two years and were elected by the people of the territory. The unit of represen- tation was fixed at five hundred male citizens, with a further provision that the number of representatives could not exceed twenty-five. The first house of representatives under this act consisted of thirteen members. The judi- cial power of the territory was vested in the superior court, inferior courts and justices of the peace. There were three judges of the superior court whose term of office was four years and who had original and appellate ju- risdietion in civil and criminal cases. The aet further provided that the territory should be represented in Congress by one territorial delegate who, according to the Constitution, had the right to speak on matters pertaining to the territory, but was not allowed to vote.
Governor Clark, who was in office at the time of the passage of this act, issued a proc- lamation, and, on October 1, 1812, reorgan- ized the five districts in the state into five counties, known as the counties of St. Charles, St. Louis, Ste. Genevieve, Cape Girardeau and New Madrid. An election was ordered to be held on the 2nd Monday in November for the selection of the delegate to Congress and the members of the house of representatives. The President of the United States appointed William Clark, who was already in office as the first governor of the re-organized terri- tory. At the election in November, 1812, Ed- ward Hempstead was elected as the first ter- ritorial delegate to Congress. Hempstead was
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an able man. He was a native of Conneeti- cut, received a good education, became a law- yer, and in 1804 removed to St. Louis, where he continued in the practice of law. Ile held a number of positions and was held in highest regard by all who knew him. His term of serviee in Congress was marked by no par- tieular achievement, but he was regarded as an able and conscientious man, and his retire- ment, for he declined to serve a second term. was regretted by those with whom he had served. He was the author of the Act of 1812 which confirmed the titles and the holders in the Spanish grants, and provided for the sup- port of schools by the Government of the United States.
The first General Assembly of the territory of Missouri was held in the house of Joseph Robidaux between Walnut and Elm streets in St. Louis on the 17th day of December, 1812. Southeast Missouri was represented by the fol- lowing persons: George Bullett, Richard S. Thomas and Israel MeGready from Ste. Gene- vieve ; George F. Bollinger and Speneer Byrd represented Cape Girardeau : and John Shra- der and Samuel Phillips represented New Madrid. Besides these members there were two from St. Charles and four from St. Louis. The house of representatives then nominated fourteen persons from which the President of the United States selected nine members of the eouneil. The members of this eouneil from Southeast Missouri were these: John Seott and James Maxwell from Ste. Genevieve : William Neeley and Joseph Cavinor from Cape Girardeau; and Joseph Hunter from New Madrid.
The first meeting of the legislature was held in St. Louis in July, 1813, on the first Mon- day. It is not possible to give a full account of the aets of this legislature. No account
of the proceedings was officially kept, but a part of the laws were noticed and published in the Missouri Gazette, the first paper estab- lished west of the Mississippi river. From its files it is discovered that one of the first sub- jects which received the attention of the leg- islature was that of establishing and regulat- ing weights and measures. Of course this was an exceedingly important matter, one which had never been adjusted in the territory of Louisiana. Some of the other matters which received the attention of the legislature were laws concerning the office of sheriff, taking of the eensus, the fixing of the seats of justice in the various counties, the compensation of members of the legislature. the incorporation of the bank of St. Louis. Besides these a erim- inal code was adopted and a law defining foreible entry and detainer was enacted, as well as one establishing courts of common pleas. The legislature also made provision for the organization of the county of Washing- ton. This county was erected from a part of Ste. Genevieve, and Potosi was selected as the county seat.
The second session of the first general as- sembly was begun in St. Louis, December 10, 1813. George Bullett of Ste. Genevieve county, was elected speaker of the house and Wash- ington county was for the first time repre- sented by Israel MeGready. Among the sub- jeets considered by the legislature and upon which laws were passed, were the suppression of viee and immorality on the Sabbath day, publie roads and highways, and the regulation of the financial affairs of the territory. The offices of territorial auditor and treasurer, and county surveyor were ereated. The leg- islature also defined the boundaries of the counties and created a new county known as Arkansas county.
The first session of the second general as-
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sembly met in St. Louis, December 5th, 1814. There were twenty members of the house, and James Caldwell of Ste. Genevieve was chosen speaker, and Andrew Scott, clerk. William Neeley of Cape Girardeau was the president of the council. The members from Southeast Missouri were: Nicholas Wilson and Phillip McGuire, from Washington county; Richard S. Thomas, Thomas Caldwell, and Augustine De Mun from Ste. Genevieve ; Stephen Byrd, George F. Bollinger, Robert English, Joseph Sewell, and one other from Cape Girardeau; John Davidson, George W. Hart, and Henry H. Smith from New Madrid county. The only change in the representatives from South- east Missouri in the council was the appoint- ment of John Rice Jones, in place of James Maxwell.
The second session of the second general assembly met in St. Louis, January, 1815. At this session Washington county was rep- resented by Hardage Lane and Stephen F. Austin, Ste. Genevieve county by Isidore Moore, New Madrid county by Doctor Robert D. Dawson. This session of the general as- sembly transacted considerable business. It ordered the establishment of county courts in the various counties, to be made up of the justices of the peace. The clerks of these courts were also to act as recorders for the counties; two judicial circuits were created, the northern and the southern. The counties of Ste. Genevieve, Cape Girardeau and New Madrid constituted the southern circuit, coun- ties of St. Louis, St. Charles and Washington constituted the northern circuit. Besides these acts the assembly created a new county known as Lawrence county. This county was erected out of the western part of New Ma- drid county.
The third general assembly, which met in 1816, had the following representatives from
Southeast Missouri : Hardage Lane and Stephen F. Austin of Washington county ; Nathaniel Cook, Isidore Moore, and John Mc- Arthur of Ste. Genevieve county ; George F. Bollinger, Robert English, and John Dunn of Cape Girardeau county ; Doctor Robert D. Dawson of New Madrid county ; and Alex- ander S. Walker of Lawrence county. By this time provision had been made by Congress for the election of the members of the council rather than their appointment. The members of the council from Southeast Missouri were : Samuel Perry from Washington county, Jos- eph Bogy from Ste. Genevieve county, William Neeley from Cape Girardeau county, Joseph HIunter from New Madrid county, and Rich- ard Murphy from Lawrence county. This meeting of the assembly chartered the Bank of St. Louis and the Bank of Missouri. Both of these institutions were afterward organ- ized in St. Louis, and both of them were authorized to issue notes to be used as cur- rency. A charter was also granted for an academy to be established in Potosi. A bounty was also placed on the killing of wolves, panthers and wild cats. It was also provided that several lotteries might be held, and it was this meeting of the assembly that enacted the first law for the creation of a school board for the city of St. Louis. It was in 1816 that an act was passed which intro- duced the common law into the territory of Missouri. The act specified that the common law of England and the statutes of a general nature enacted prior to the reign of James the First, should be enforced in the territory. It was not provided that the former laws of France and Spain should be abrogated, nor were they repealed until a much later time.
The fourth, and last, general assembly met in 1818. The representation from Southeast Missouri was as follows: Lionel Browne and
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Stephen F. Austin from Washington county ; Isidore Moore, David F. Marks, William Shannon, and Jacob Walters from Ste. Gene- vieve county ; Johnson Ranney. Robert Eng- lish, Joseph Sewell, Erastus Ellis, and James Ravenscroft from Cape Girardeau eounty ; Stephen Ross from New Madrid county ; Perry G. Magness, Joseph Harden, and John Davidson from Lawrence county. The follow- ing were members of the council: John D. Cook, Ste. Genevieve; Samuel Perry, Wash- ington ; George F. Bollinger, Cape Girardeau ; Robert D. Dawson, New Madrid. This gen- eral assembly created a number of counties. Those in the southeast were Jefferson, Wayne, and Madison. It also abolished Lawrence county. It was at this meeting of the assem- bly that a memorial was prepared praying for the establishment of a state government. This memorial was afterward presented to Con- gress. The assembly also redistricted the state into three jndieial circuits: Ste. Gene- vieve, Madison, Wayne, New Madrid, and Cape Girardeau composed the southern cir- enit. the other southeast counties became a part of the northern circuit; the third cir- cuit, known as the northwestern, inelnded no Southeast Missouri territory.
The first judge of the southern circuit was Honorable Richard S. Thomas. At the time of his appointment he was a resident of Ste. Genevieve, but afterward moved to Jackson, where he resided until his death. Judge Thomas was a native of Virginia, had lived some years in Ohio, where he married. He came to Ste. Genevieve in 1810, and engaged in the practice of law. In 1811 he appeared as counsel for the defendant in a murder case. Judge Thomas was not a lawyer of high rank, and he became very unpopular with the bar. As a consequence of this unpopularity, he was
impeached and a number of charges were pre- ferred against him in the impeachment pro- ceeding. Most of them seem to have been rather trivial in nature, and to reflect the hos- tility which he aroused, rather than to ex- hibit any very grave errors in his conduct as a judge. One of the charges against him was that he had behaved in an arbitrary, oppress- ive, unjust and partial manner in refusing to recognize John Juden, Jr., as clerk of the cir- enit court. Ile took the position that the of- fice was made vacant by the amendment to the constitution of 1822 and appointed his son, Claiborne S. Thomas, as clerk, and or- dered that the records and papers of this of- fice be delivered up to him. Ile was further charged with having illegally adjourned the April term of the court in 1823, on the pre- tense that his son, whom he had appointed clerk, had not received the records of the court. It was further charged that he had shown partiality toward his son in a suit be- tween the son and Charles G. Ellis, and that he had entered into an agreement with the counsel for Doctor Ezekiel Fenwiek, who had been charged with murder, to admit him to bail, on condition of his surrender to the sheriff. The articles of impeachment were presented to the house of representatives in February, 1825. Judge Thomas denied the charges, but was found guilty and removed from office on March 25th. He then resumed the practice of law at Jackson, but was killed within a short time by being thrown from his horse while on his way to attend court at Greenville.
The most conspicuous lawyer in the early days in Southeast Missonri was John Seott. Ile, too, was a Virginian, and had graduated at Princeton college. Ile lived for a short time in Vincennes, Indiana, and eame to Ste. Genevieve in 1806. Scott was well versed in
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the law, was possessed of a great deal of energy and aggressiveness, and soon beeame one of the leading lawyers in the section. He was appointed a member of the territorial council and afterward made a canvass for the office of territorial delegate to Congress. His opponent in this canvass was Rufus Eas- ton, of St. Louis. Easton had served one term as delegate, but was defeated by Scott on the face of the returns. Easton contested the eleetion, however, on the ground that certain votes were improperly counted and the second election was held. At this election Scott in- creased his plurality from 15 to 392, and Easton gave up the contest. He served as territorial delegate until the admission to the Union, after which he was elected as a mem- ber of Congress. He served three terms and was a very popular and influential member. It was, perhaps, his speech indignantly rejeet- ing the idea that the people of Missouri could be dietated to in the matter of their constitu- tion that gave impulse to the movement of the state which resulted in the overwhelming vic- tory of the slavery forces in the election of the constitutional convention. Scott lost his popularity, however, in 1825 when, in spite of the wishes of his constituents, he voted for John Quincy Adams for President. The people of Missouri were very strong in their support of Jackson, and this vote for Adams prevented Scott's retaining the place. After his retirement to private life he eontinued the practice of law. He was known all over the section, and attended court in praetically every county. He was a thorough lawyer, and an impressive speaker. He was rather ec- eentrie in his personal appearance and de- meanor ; he always went armed, but was never known to use these weapons. He was famous for his honesty and also for the great influence which he had over juries. He died in 1862,
at the age of eighty years. Scott eounty was named for him.
One of the early lawyers in Cape Girar- deau county was General Johnson Ranney. He was a native of Connecticut, had been a teacher in early life, but studied law and re- moved to Jackson upon establishment of the courts there in 1815. There existed at the time quite a strong prejudice against Yan- kees, but General Ranney was a man of firm disposition and he very quietly went about his work and soon overeame this prejudice. He was opposed to slavery, and during the campaign in 1820 was threatened with vio- lenee, but he entrenched himself in his office and defied his points. He was not a partie- ularly brilliant speaker, but was a elose student and was very industrious and devoted to the interests of his clients. He was a member of the legislature and a major general of militia. IIe died in Jackson, November 11, 1849.
In 1819. General Nathaniel W. Watkins came to Jackson and began the practice of law. General Watkins was a half brother of Henry Clay and a native of Kentucky. He was a man of fine appearance and resembled Clay in his general bearing. He was an orator and had very great influence over juries. No man in the southeast had a larger or more extended practice than he had. He traveled, every spring and fall, on horse-back from one county seat to another. There was scarcely an important case in any of these counties in which he did not appear on one side or the other. He served a number of terms in the general assembly and in 1850 was elected speaker of the house of represen- tatives. He took part in the organization of the Southeast District Agricultural Society which was organized for the purpose of hold- ing a district fair. He was the first president
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of this society. When war broke ont Gen- eral Watkins stood with the South and was appointed by Governor Jackson as brig- adier general in the first military district which embraced Southeast Missouri. This was in 1861 and he proceeded to organize The Missouri State Guard in his district. He did not long retain command, however, as he found the place uncongenial to him. He re- signed and was succeeded by General Jeffer- son Thompson. General Watkins afterward removed to Scott county where he lived until the time of his death in 1876. Just before his death, as a fitting recognition of his long and active service, he was chosen a member of the constitutional convention of 1875 and was made its president. His home in Scott county was called "Beechland," and was not far from Morley.
Another member of the famous bar at Jack- son was Timothy Davis, who was a native of New Jersey but had lived two years in Ken- tucky and eame to Jackson in 1818. He re- mained there for a year and a half. He then moved to Ste. Genevieve and later to łowa, from which state he was sent to Congress. When he came to Jackson he was accompan- ied by a nephew who was destined to become one of the famous lawyers of the Southeast ; this was Greer W. Davis. He was not ad- mitted to the bar until 1820, but from that time on was a prominent lawyer. For seven- teen years. he was cirenit attorney for the southeast eireuit. Ile was very careful in at- tending to business and soon became wealthy. It was said of him that he was both fluent and logieal, and that his addresses were models of concise, careful statements. He was a member of the Methodist church at Jackson for more than half a century. Hle was the last of the territorial lawyers in the state, dying in 1878. IIe was held in the highest
esteem by his neighbors and by the bar of the entire Southeast.
In 1818 Alexander Buckner, who was a res- ident of Kentucky, removed to Cape Girar- deau county and settled with his mother and sisters on Randol creek. He was a good law- yer, with a turn for political life. Ile was a pro-slavery advocate and soon took a prom- inent place in the political affairs of the ter- ritory. He was appointed circuit attorney shortly after his coming and was a member of the constitutional convention in 1820. Ile was afterward a member of the state senate and in 1831 was elected United States senator from Missouri. IIe was the organizer of Unity Lodge at Jackson, the first Masonic lodge in the territory of Missouri. This lodge was organized under a charter from the Grand Lodge of Indiana. Senator Buckner died in 1833 at Jackson, during the scourge of cholera.
One of the most prominent men in the Cape Girardeau district. during the early period, was Joseph MeFerron. MeFerron was an Irishman who came to America in early life, was a man of fine sense and possessed a su- perior education. He was reserved in man- ner and peculiar in appearance. He was the first clerk of the courts of the Cape Girar- deau district and held the position for a num- ber of years. After his duel with William Ogle, an account of which is given in another place, MeFerron resigned from office. This resignation, however, was a test of publie sen- timent. which was soon shown to be in his favor. He was reelected and held the office until his death in 1821. He lived for a eon- siderable time in Cape Girardeau, but re- moved to Jackson upon the establishment of the county seat at that place.
Among the first attorneys before the court held in Cape Girardeau were Anthony Hay-
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den and George C. Harbison. Their names are found in the record of the year 1805. Hayden was one of the first trustees for the town of Cape Girardeau, chosen in 1808. Among the other early lawyers in Cape Gir- ardean were Nathaniel Pope, and James Evans. Evans was a very popular and able man, had a very large practice at one time, and was a member of the first constitutional convention. For a short time he served as circuit judge, but he ruined his career by be- coming an habitual drunkard. He removed from Cape Girardeau to Perryville, from Perryville to Kentucky, where he afterward died.
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