USA > Missouri > Clinton County > The History of Clinton County, Missouri : containing a history of the County, its cities, towns, etc., biographical sketches of its citizens, Clinton County in the late war, general and local statistics, portraits of early settlers and prominent men etc > Part 11
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104
HISTORY OF CLINTON COUNTY.
attached to the county for civil and military purposes, be, and the same is hereby attached to Jackson Township for all legal purposes."
At this term of court, La Fayette Township, (so named, as the order of the court says, in honor of General LaFayette) was erected and its boundaries established.
The county court justices then received one dollar and seventy-five cents for each day they served, as is evinced by the following : "This day, John P. Smith presented his account against the county, amount- ing to three dollars and fifty cents, for two days' service as justice of the county court, which is allowed and ordered to be paid out of the county treasury." After allowing the accounts of the county court justices, and ordering that John Biggerstaff's house be the place for holding courts in the county, until the building of a court house, the court adjourned "till court in course."
The court again met, at the house of John Biggerstaff, on Thursday after the second Monday in June, all the justices being present.
Elijah Fry, having been appointed assessor of the county in March previous, returned the assessment list, which was examined and received by the court. His account, for assessing the entire property in the county, was forty-five dollars, which sum was allowed him by the court.
At this term of court, Armstrong Mcclintock was appointed com- missioner of the three per cent fund accruing to the county. McClin- tock was afterwards, in 1839, appointed one of the commissioners to locate the county seat of Buchanan County.
The court ordered that the election to be held in La Fayette and Jackson Townships, in August following, should be held, respectively, at the houses of John Biggerstaff and Jonathan Legett. Armstrong McClintock, John Elliott and James Stall, were appointed judges of the election in La Fayette, and Jonathan Legett, William F. Fremble and Richard Miller, judges of the election in Jackson Township. This elec- tion was for a member of congress. The court made the following order in reference to the assessment and collection of taxes :
"Ordered, that the amount of the tax to be assessed and collected for county purposes, in this county, for the present year (1833), be as fol- lows, to wit : On all taxable property, one-eighth of one per cent, and for each tithe, the amount of thirty-seven and a half cents."
Richard Miller was appointed the first road overseer, at the August term of the court. He had control of that portion of the road beginning at the prairie near Jonathan Legett's, and intersecting the road leading from Liberty to Richmond.
Silas McGuire was the first administrator, and had charge of the estate of Robert Sullivan. He was also appointed the first guardian, his ward being John Robert Sullivan, the infant son of Robert Sullivan.
105
HISTORY OF CLINTON COUNTY.
At the November term of the court the name of the county seat was changed to Concord.
Washington Huffaker made his first settlement as collector of the county, in words and figures as follows :
DR.
To amount of tax list as received for collections $82 983
CR.
By amount of delinquent list as presented and allowed by the
court $ 5 773 By amount of his commission on the amount of money collected as allowed 5 40}
Full amount allowed $11 173
By amount paid in county warrants and received by the court . 38 25 By amount paid in current money 33 56
Total amount accounted for $82 983
At the same time the collector presented his delinquent list, amount- ing to five dollars, seventy-seven and three-eighths of a cent, and the court believing that due diligence had been used by the collector, in his efforts to collect the same, it was allowed.
At this term of the court, Concord Township was established ; James Hull was appointed constable of La Fayette Township, and Henry F. Mitchell, commissioner of the seat of justice. Armstrong McClintock, who was the commissioner of the three per cent. fund, made a loan of one hundred dollars of this fund, by order of the court, to Henry F. Mitchell, the commissioner of the county seat, for the purpose of purchasing a tract of land, upon which to locate the seat of justice. The land was purchased, and, during the November term of the court, Mr. Mitchell produced his plat of the town of Concord, or Springfield, which was received and approved. The following order was then made :
"And it is thereupon ordered by the court, that lot number one hundred and ten, be, and the same is hereby reserved for the purpose of erecting a court house thereon, on said plat ; and it is further ordered that all those lots on the blocks around the public square, except the one reserved as above, in number forty-seven, on the plat aforesaid, be offered for sale by the said commissioner, on the following terms, to wit : To be sold to the highest bidder on the days of sale, payments to be made as follows : One-fourth of the purchase money to be paid at the time of sale, and one-half of the residue to be paid on or before the expiration of twelve months from the day of sale, and the balance to be due eighteen months after date ; bond and approved security required of purchasers ;
106
HISTORY OF CLINTON COUNTY.
the sale to commence on the premises, on Monday, the 7th day of April, 1834, and to continue for three days."
The court further ordered the commissioner to publish the notice of the sale of these lots in the Liberty Enquirer and by handbills.
On the 13th of January, 1834, the county court changed the name of the county seat to Springfield.
The title of the first suit brought in the county court was James Aull and Robert Aull vs. Silas McGuire, administrator of the estate of Robert Sullivan, deceased. Assumpsit.
On the 3d day of February, 1834, John Biggerstaff, the treasurer of the county, made his first annual settlement, which is as follows :
DR .- To amount received into the treasury from all sources. $74.81
Amount received as fines imposed May 15, 1833 $ 2.00
Amount received as fines imposed June 20, 1833 1.00
Amount of revenue in cash . 33 56
Amount of warrants taken as revenue. 38 25
$74.81
CR .- By cash paid to Richard R. Rees, on warrant No. 6, for stationery, June 20, 1833 $ 3. 00 Cash paid on said warrant No. 5, 1833, as accepted for .
33 56 Amount of warrants taken in as here exhibited, marked
Nos. 1, 2, 3, 4, 5, 6, 7, 8 and 9. 38.25
Total amount $74.81
Benjamin F. Wilkerson was appointed the first assessor of the county. William F. Franklin was recommended as a suitable person for justice of the peace of Jackson Township.
Grand River Township was established at the May term of the court, in 1834, and Hardin Township at the June term following.
On the 18th of October, 1834, a merchants license was issued to Edward M. and George W. Samuel.
About this period (January 10, 1835,) the legislature changed the name of the county seat to Plattsburg.
Washington Township was established in March, 1835.
In March, 1836, the county court established the different road dis- tricts of the county, to the number of nine, and appointed overseers for the same.
At the September term of the court, 1837, James Gregg was granted a license to keep a ferry on Platte River, the court fixing the rates of ferriage as follows :
107
IHISTORY OF CLINTON COUNTY.
Loaded wagon and team .
$1 00
Empty wagon and team. 75
Loaded two horse wagon and team. 50
Empty two horse wagon and team
373
Man and horse .
123
Footman 6}
For each head of cattle
5
For each head of sheep or hogs.
3
Loose or led horse.
6}
David Hamilton was also granted a license in December following to keep a ferry on Platte River at Hickory-nut Ford.
At a special term of the court held June 4, 1838, an order was made dividing the attached portion of Clinton County into additional townships as follows: "First, Nodaway Township, commencing on the old boundary line at David Castile's ; thence north to the northern boundary of the state ; thence west with said boundary to the Missouri River ; thence down said river to Liberty warehouse ; thence east by William Pyburn's, Joseph Gage's, and so on to the place of beginning."
"Second, Jefferson Township, commencing at the southeast corner of Nodaway Township-that is at David Castile's, on the old boundary line ; thence west by Joseph Gages and William Pyburn's and to strike the Missouri River at Dougherty's Landing; thence down said river to Palmer's ; thence east to James Gilmore's, and to the Platte River ; thence up said river to the mouth of the Third Fork; thence up said fork to the beginning."
Crawford Township, commencing at Palmer's on the Missouri River ; thence down said river to the mouth of Sugar Creek ; thence up said creek to the dividing ridge between Sugar Creek and Bee Creek ; thence east to Nathan Turner's ; thence up Bee Creek to a point immediately south of Richard Hill's ; thence north to the south boun- dary of Jefferson Township, and thence to the beginning at Palmer's."
"Noble Township: All that country between the waters of Bee Creek and Platte River, and south of Jefferson Township."
"Linville Township: All that country south of Sugar Creek, and south of the dividing ridge, between Sugar Creek, and Bee Creek, and south of Nathan Turner's."
"Platte Township: All that country between Platte River and the old boundary line, and south of Nodaway Township."
In March, 1839, an order was issued for the building of a bridge over the Horse Fork of Platte River, where the state road crossed the same. N. F. Essig was authorized to superintend the work.
Baldwin Township was organized October, 1839. and named after Isaac D. Baldwin.
108
HISTORY OF CLINTON COUNTY.
These townships, however, have no existence now (1881) except- ing Platte, and in fact the townships first established by the court have all undergone changes in their boundaries.
The municipal townships, as at present formed and bounded, will be treated of fully in the succeeding chapter.
MAINES S:JOF
CHAPTER IV.
COUNTY AND TOWNSHIP SYSTEM-GOVERNMENT SURVEYS-ORGANIZATION OF TOWN- SHIPS-TOWNSHIPS NAMED AND DESCRIBED-SHOAL-PLATTE-LA FAYETTE- LATHROP-CONCORD-ATCHI .ON-JACKSON-CLINTON-HARDIN.
Before noticing the orders of the court in reference to township boundaries, we deem it proper to give some explanations of the county and township system and government surveys, as so much depends in business and civil transactions upon county limits and county organiza- tions.
COUNTY AND TOWNSHIP SYSTEM.
With regard to the origin of dividing individual states into county and township organizations, which, in an important measure, should have the power and opportunity of transacting their own business and gov- erning themselves, under the approval of, and subject to, the state and general government, of which they both form a part, we quote from Elijah M. Haines, who is considered good authority on the subject.
In his "Laws of Illinois, Relative to Township Organizations," he says: "The county system originated with Virginia, whose early set- tlers soon became large landed proprietors, aristocratic in feeling, living apart, in almost baronial magnificence, on their own estates, and owning the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly distributed over a great area.
"The county organization, where a few influential men managed the whole business of the community, retaining their places almost at their pleasure, scarcely responsible at all, except in name, and permitted to conduct the county concerns as their ideas or wishes might direct, was moreover consonant with their recollections or traditions of the judicial and social dignities of the landed aristocracy of England, in descent from whom the Virginia gentlemen felt so much pride. In 1834, eight counties were organized in Virginia, and the system, extending throughout the state, spread into all the Southern States, and some of the Northern States ; unless we except the nearly similar division into 'districts' in South Carolina, and that into 'parishes' in Louisiana, from the French laws.
" Illinois, which, with its vast additional territory, became a county of Virginia, on its conquest by General George Rogers Clark, retained the county organization, which was formerly extended over the state by the constitution of 1818, and continued in exclusive use until the consti- tution of 1848.
110
HISTORY OF CLINTON COUNTY.
"Under this system, as in other states adopting it, most local busi- ness was transacted by those commissioners in each county who consti- tuted a county court, with quarterly sessions.
"During the period ending with the constitution of 1847, a large portion of the state had become filled up with a population of New Eng- land birth or character, daily growing more and more compact and dis- satisfied with the comparatively arbitrary and inefficient county system. It was maintained by the people that the heavy populated districts would always control the election of the commissioners to the disadvan- tage of the more thinly populated sections-in short, that under that system 'equal and exact justice' to all parts of the county could not be secured.
"The township system had its origin in Massachusetts, and dates back to 1635.
"The first legal enactment concerning this system provided that, whereas, 'particular townships have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own town,' therefore, 'the freemen of every township, or a majority part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said town, to grant lots, and to make such orders as may concern the well-ordering of their own towns, not repugnant to the laws and orders established by the general court.'
"They might also, (says Mr. Haines) impose fines of not more than twenty shillings, and 'choose their own particular officers, as constables, surveyors for the highways and the like.'
"Evidently this enactment relieved the general court of a mass of municipal details, without any danger to the power of that body in con- trolling general measures of public policy.
"Probably, also, a demand from the freemen of the towns was felt for the control of their own home concerns.
"The New England colonies were first governed by a general court or legislature, composed of a governor and a small council, which court consisted of the most influential inhabitants, and possessed and exer- cised both legislative and judicial powers, which were limited only by the wisdom of the holders.
"They made laws, ordered their execution by officers, tried and decided civil and criminal causes, enacted all manner of municipal regu- lations, and, in fact, did all the public business of the colony."
Similar provisions for the incorporation of towns were made in the first constitution of Connecticut, adopted in 1639, and the plan of town- ship organization, as experience proved its remarkable economy, effi- ciency and adaptation to the requirements of a free and intelligent people, became universal throughout New England, and went westward
III
HISTORY OF CLINTON COUNTY.
with the immigrants from New England into New York, Ohio and other western states.
Thus we find that the valuable system of county, township and town organizations had been thoroughly tried and proven long before there was need of adopting it in Missouri, or any of the broad region west of the Mississippi River. But as the new country began to be opened, and as. eastern people began to move westward across the mighty river, and form thick settlements along its western bank, the territory and state, and county and township organizations soon followed in quick succes- sion, and those different systems became more or less improved, accord- ing as deemed necessary by the experience and judgment and demands of the people, until they have arrived at the present stage of advance- ment and efficiency. In the settlement of the Territory of Missouri, the legislature began by organizing counties on the Mississippi River. As each new county was formed it was made to include under legal jurisdic- tion all the country bordering west of it, and required to grant to the actual settlers electoral privileges, and an equal share of the county gov- ernment, with those who properly lived in the geographical limits of the county.
The counties first organized along the eastern borders of the state, were given for a short time jurisdiction over the lands and settlements adjoining each on the west, until these localities became sufficiently set- tled to support organizations of their own.
GOVERNMENT SURVEYS.
No person can intelligently understand the history of a country without at the same time knowing its geography, and in order that a clear and correct idea of the geography of Clinton County may be obtained from the language already used in defining different localities and pieces of land, we insert herewith the plan of Government surveys as given in Mr. E. A. Hickman's Property Map of Jackson County, Mis- souri : Previous to the formation of our present Government, the eastern portion of North America consisted of a number of British colonies, the territory of which was granted in large tracts to British noblemen. By treaty of 1783, these grants were acknowledged as valid by the colonies. After the Revolutionary war, when thesc colonies were acknowledged "Independent States," all public domain within their boundaries was acknowledged to be the property of the colony within the bounds of which said domain was situated.
Virginia claimed all the northwest territory including what is now known as Wisconsin, Michigan, Ohio, Kentucky, Indiana and Illinois. After a meeting of the representatives of the various states to form a Union, Virginia ceded the northwest territory to the United States
112
HISTORY OF CLINTON COUNTY.
Government. This took place in 1784; then all this northwest territory became Government land. It comprised all south of the lakes and east of the Mississippi River and north and west of the state's having definite boundary lines. This territory had been known as New France, and had been ceded by France to England in 1768. In the year 1803, Napoleon Bonaparte sold to the United States all territory west of the Mississippi River and north of Mexico, extending to the Rocky Mountains.
While the public domain was the property of the colonies, it was disposed of as follows: Each individual caused the tract he desired to purchase to be surveyed and platted. A copy of the survey was then filed with the register of lands, when, by paying into the state or colo- nial treasury an agreed price, the purchaser received a patent for the land. This method of disposing of public lands made lawsuits numer- ous, owing to different surveys often including the same ground. To avoid these difficulties, and effect a general measurement of the territo- ries, the United States adopted the present mode, or system, of land surveys, a description of which we give as follows :
In an unsurveyed region a point of marked and changeless topo- graphical features is selected as an initial point. The exact latitude and longitude of this point is ascertained by astronomical observation, and a monument of iron or stone is erected to perpetuate the position. Through this point a true north and south line is run, which is called a Principal Meridian. This principal meridian may be extended north and south any desired distance. Along this line are placed, at distances of one-half mile from each other, posts of wood or stone, or mounds of earth. These posts are said to establish the line, and are called section and quarter-section posts. Principal meridians are numbered in the order in which they are established. Through the same initial point from which the principal meridian was surveyed, another line is now run and established by mile and half-mile posts, as before, in a true east and west direction. This line is called the Base Line, and like the prin- cipal meridian, may be extended indefinitely in either direction. These lines form the basis of the survey of the country into townships and ranges. Township lines extend east and west, parallel with the base line, at distances of six miles from the base line and from each other, dividing the country into strips six miles wide, which strips are called townships. Range lines run north and south, parallel to the principal meridian, dividing the country into strips six miles wide, which strips are called ranges. Township strips are numbered from the base line and range strips are numbered from the principal meridian. Townships lying north of the base line are "townships north," those on the south are "townships south." The strip lying next the base line is township one, the next one to that, township two, and so on. The range strips
113
HISTORY OF CLINTON COUNTY.
are numbered in the same manner, counting from the principal meridian east or west, as the case may be.
The township and range lines thus divide the county into six-mile squares. Each of these squares is called a Congressional township. All north and south lines north of the equator approach each other as they extend north, finally meeting at the north pole ; therefore north and south lines are not literally parallel. The east and west boundary lines of any range being six miles apart in the latitude of Missouri or Kansas, would, in thirty miles, approach each other 2.9 chains, or 190 feet. If, therefore, the width of the range when started from the base line is made exactly six miles, it would be 2.9 chains too narrow at the distance of thirty miles, or five townships north. To correct the width of ranges and keep them to the proper width, the range lines are not surveyed in a continuous straight line, like the principal meridian, entirely across the state, but only across a limited number of townships, usually five, where the width of the range is corrected by beginning a new line on the side of the range most distant from the principal meridian, at such a point as will make the range its correct width. All range lines are cor- rected in the same manner. The last and west township line on which these corrections are made are called correction lines, or standard paral- lels. The surveys of the State of Missouri were made from the fifth principal meridian, which runs through the state, and its ranges are numbered from it. The State of Kansas is surveyed and numbered from the sixth. Congressional townships are divided into thirty-six square miles, called sections, and are known by numbers, according to their position. The following diagram shows the order of numbers and the sections in a Congressional township :
1
-6-
-5
4
3
2
1
I
1
9
-10
-
11
12-
1
1
-18-
-12
-16
-
15
-13
1
-19-
-20-
--- 21
-22
I
-30
28-
-
-
26
-25
I
-- 31-
-32
-38-
-34
-35
-- 36-
-
114
HISTORY OF CLINTON COUNTY.
Sections are divided into quarters, eighths and sixteenths, and are described by their position in the section. The full section contains 640 acres, the quarter 160, the eighth 80 and the sixteenth 40. In the fol- lowing diagram of a section the position designated by « is known as the northwest quarter ; ¿ is the northeast quarter of the northeast quar- ter ; d would be the south half of the southeast quarter, and would con- tain 80 acres.
14 Sec. post.
Sec. post.
Sec. post.
Ibo acres
1
1/ Sec post
% Sec post.
6
6
d
Sec. post.
Sec. post.
1/ Sec post.
Congressional townships, as we have seen, are six miles squares of land, made by the township and range lines, while civil or municipal townships are civil divisions, made for purposes of government, the one having no reference to the other, though similar in name. On the county map we see both kinds of townships-the congressional usually designated by numbers and in squares ; the municipal or civil township by name and in various forms.
By the measurement thus made by the Government the courses and distances are defined between any two points. St. Louis is in township 44 north, range 8 east, and Independence is in township 49 north, range 32 west ; how far, then are Kansas City and St. Louis apart on a direct line? St. Louis is forty townships east-240 miles-and five townships south-thirty miles ; the base and perpendicular of a right-angled tri- angle, the hypothenuse being the required distance.
ORGANIZATION OF TOWNSHIPS.
The "township," as the term is used in common phraseology, in many instances, is widely distinguished from that of "town," though many persons persist in confounding the two. "In the United States, many of the states are divided into townships of five, six, seven, or per- haps ten miles square, and the inhabitants of such townships are vested with certain powers for regulating their own affairs, such as repairing roads and providing for the poor. The township is subordinate to the county." A "town" is simply a collection of houses, either large or small, and opposed to " country."
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