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 33

Author:
Publication date: 1881
Publisher: St. Joseph, Mo. : National Historical Co.
Number of Pages: 800


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 33


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In witness whereof, the said Howard Everett and Sarah Ann Everett, John Long, Mary Long and David R. Atchison, hath hereunto set their hands and seals, the day and year above written.


DAVID R. ATCHISON, [SEAL.]


HOWARD EVERETT, [SEAL.]


SARAH ANN EVERETT, [SEAL.] JOHN LONG, [SEAL.]


MARY LONG. [SEAL.]


MARRIAGE CERTIFICATES.


Cupid, the God of Love, whose universal sway over the hearts and affections of mankind has been commensurate with the history of our race, early manifested his presence among the pioneers of Clinton County, as will be seen from the following verbatim copies of a few of the earlier marriages :


"This is to certify that I joined in marriage, on the 17th day of May last, John Smithie and Hannah Nash, both of lawful age.


Given under my hand this 13th day of June, 1833.


JOHN VASSER, J. P."


[The above is the first marriage certificate recorded in the county.]


This is to certify that I joined in marriage on the 22d of August, 1833, Oliver S. Jackson, and Mary Ann Livingston, the man of lawful age, the woman under age, but married by the consent of her parents. Given under my hand, this 16th day of September, 1833.


JOHN BIGGERSTAFF, Justice of the Peace for Clinton County.


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HISTORY OF CLINTON COUNTY.


This is to certify, that I joined in marriage on the 25th day of August, 1833, William Thomas and Ann Stanton, the man of lawful age, and the woman under age, and married 'by the consent of her parents.


Given under my hand, this September 7th, 1833.


JOHN P. SMITH,


Presiding Judge of the County Court of Clinton County.


STATE OF MISSOURI,


COUNTY OF CLINTON, SCT.


This is to certify, that I joined in marriage on the 19th day of Sep- tember, 1833, Smith Livingston and Nancy Higgins, both under age, but married by the consent of their parents, verbally given, and the consent of the man's parents ascertained by the oath of William Livingston and Edmonia Roberts, both by me sworn to that fact.


JOHN BIGGERSTAFF, J. P.


STATE OF MISSOURI,


COUNTY OF CLINTON, SCT.


This is to certify, that I joined in marriage on the 12th day of Jan- uary, 1834, Samuel Nash and Ann Williams, of said county, and both of lawful age.


Given under my hand. JOHN BIGGERSTAFF, J. P.


STATE OF MISSOURI, COUNTY OF CLINTON,


SCT.


1, Henry Renick, a preacher of the gospel, regularly ordained, do hereby certify that I solemnized the rites of matrimony between George Sampson and Elizabeth Taylor, both of the county and state aforesaid, on the 30th day of January, 1834, according to the laws of the state.


Given under my hand, this 19th day of February, A. D. 1834.


HENRY RENICK.


February 13, 1834.


I do hereby certify that the rites of matrimony were solemnized on the above named day, between James Madison Biggerstaff and Sally Bed- ford.


ABRAHAM ENYERT, J. P.


STATE OF MISSOURI, ¿ SCT.


COUNTY OF CLINTON, S


The following erasures and interlineations are found in the above certificate : The letter "M" erased in line four, and " Madison" in line four interlined.


STATE OF MISSOURI, { SCT. COUNTY OF CLINTON,


I, Benjamin W. Riley, a minister of the gospel, do certify that I solemnized the bonds of matrimony between Robert Henderson, of the County of Clay, and Lucy Holman, of the County of Clinton, the man of


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HISTORY OF CLINTON COUNTY.


lawful age, and the woman by the consent of her parents, on the 13th day of February, A. D. 1834.


Given under my hand, this 16th day of February, A. D. 1834. B. W. RILEY.


I. John P. Smith, presiding Judge of the County Court of Clinton County, do hereby certify that I joined in marriage on the 31st day of July last, Charles Prior and Catharine Baldwin.


Given under my hand, this 2d day of August, 1834.


J. P. SMITH, P. J.


STATE OF MISSOURI, } · SCT. CLINTON COUNTY, J


Rites of matrimony solemnized betwixt Graham Springer and Cath- arine Gee Collins, this 4th of September, A. D. 1834.


ABRAHAM ENYERT, M. G.


STATE OF MISSOURI, SCT.


COUNTY OF CLINTON,


Rites of matrimony solemnized betwixt Hezekiah Wright Enyert and Polly Redwell on the 16th day of November, A. D. 1834, by ABRAHAM ENVERT, Minister of the Gospel.


STATE OF MISSOURI, } SCT. COUNTY OF CLINTON,


Rites of matrimony solemnized betwixt John Early and Patsy Per- son, on the 30th day of December, A. D. 1834, by


ABRAHAM ENVERT, Minister of the Gospel.


The marriages above mentioned occurred forty-eight years ago. The contracting parties, if still living, would be more than three-score years of age.


In those primitive days, among the early settlers. marriages, we are persuaded, were the result of love. There was not only a union of hands, but a union of hearts. The pioneer maiden made the faithful wife, and the sturdy backwoodsman the fond and trusted husband.


" From that day forth, in peace and joyous bliss, They lived together long, without debate, Nor private jars, nor spite of enemies, Could shake the safe assurance of their state "


During the year 1833 four marriage certificates were recorded ; in 1834 eight were recorded, and in 1880 the record shows one hundred.


PAPERS ON FILE.


The earliest records of the circuit court were burned during the late war, hence our facts in reference thereto, are somewhat meager. We


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HISTORY OF CLINTON COUNTY.


have, however, found on file, among the blackened and charred papers, in the upper pigeon holes of the circuit clerk's office, a few old instru- ments of writing, which will be read with interest by all.


FIRST GRAND JURY.


The following is the writ issued by the clerk to the sheriff of the county, commanding him to summon the first grand jury :


STATE OF MISSOURI, SEC.


COUNTY OF CLINTON, J


The State of Missouri to the sheriff of said county, greeting :


We command you to summon a grand jury for the body of the County of Clinton, to meet at the house of John Biggerstaff, on the first Thursday after the second Monday in June next, to consist of a number not exceeding twenty-three, nor less than sixteen, to be good and law- ful housekeepers, in the county aforesaid, who are then and there to serve as a grand jury, for the body of the County of Clinton aforesaid, and have you then and there this writ, with the names of the grand jurors.


In testimony whereof, I have hereunto set my hand, and affixed my private seal-there being yet no seal of office prepared-this, the 6th day of May, A. D. 1833.


[SEAL.]


RICHARD R. REES, Clerk County Court.


On the reverse side of the writ we find the following certificate by the sheriff :


"I do hereby certify, that I executed the within, by summoning the following persons to attend, as grand jurymen, viz : James McKown, Collet Haynes, Bartholomew Thatcher. John L. Owens, John McKown, William Livingston, Armstrong McClintock, Samuel H. Vassar, Joseph Castile, Samuel G. Biggerstaff, John Holman, William Allen, Benjamin F. Wilkerson, John Elliott, Joseph Elliott, Lorenzo J. Froman, Hiram Ferrel, Joseph Buckridge, John Livingston, John F. Cox, Jonithan Lig- get, and Thomas Stanton.


This 13th day of June, 1833. THOMPSON SMITH, Sheriff of Clinton County.


Of the above named persons, who constituted the first grand jury of the county, all are dead, excepting Samuel G. Biggerstaff and John McKown.


REES' RESIGNATION.


Among other old papers, we found the following :


PLATTSBURG, CLINTON COUNTY, August 26, 1835. To the Honorable Fohn F. Ryland, Circuit Judge of Clinton County: SIR: I have the honor herewith to resign the office of Clerk of Clinton Circuit Court, and I beg you to accept this resignation, together with my respects.


Your most obedient servant,


RICHARD R. REES.


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HISTORY OF CLINTON COUNTY.


Upon which was endorsed the following :


I accept the above resignation, and Mr. Rees will be good enough to leave the papers and documents, belonging to the office, in the hands of A. F. Mitchell, Esq., whom I have appointed Clerk, pro tem. The papers to be delivered in presence of John Biggerstaff, Esq., and E. P. Howell, Esq. J. F. RYLAND.


First case on the docket, bearing date June 13, 1833, was Henry Green vs. Benjamin B. Becket. The second case was Samuel and Robert Aull vs. Laban Garrett. The attorneys present at the first term of the court were Amos Rees, W. T. Wood, D. R. Atchison and A. W. Doniphan.


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CHAPTER XVIII.


PUBLIC BUILDINGS.


FIRST, SECOND AND PRESENT COURT HOUSES-COUNTY POOR FARM.


Notwithstanding the fact that a large number, probably a majority of the people in every county, have very little practical experience in the courts, and although they have the legal capacity to sue and be sued, never improve their opportunities, and never appear in court, unless it be on compulsion as witnesses and jurors ; yet, as the one great con- servator of peace, and as the final arbiter, in case of individual or neigh- borhood disputes, the court is distinguished above and apart from all and every other institution of the land, and not only the proceedings of the court, but the place of holding court, is a matter of interest to the average reader.


Not only so, but in many counties the court house was the first, and usually the only public building in the county.


The first court houses were not very elaborate buildings, to be sure, but they are enshrined in memories that the present never can know.


Their uses were general, rather than special, and so constantly were they in use, day and night when the court was in session, and when it was not in session, for judicial, educational, religious and social purposes, that the doors of the old court houses, like the gates of gospel grace, stood open, night and day, and the small amount invested in those old hewn logs, and rough benches, returned a much better rate of interest on the investment, than do those stately piles of brick or granite which have taken their places.


The memorable court house of early times was a house adapted to a variety of purposes, and had a career of great usefulness.


School was taught, the gospel preached, and justice dispensed, within its substantial walls. Then it served, frequently, as a resting place for weary travelers, and, indeed, its doors always swung on easy hinges.


On the 13th day of January, 1834, the County Court of Clinton County (John P. Smith being at the time president of said court ) made an order relative to the building of a court house at Plattsburg.


The court had held its sessions at Laban Garrett's and John Bigger- staff's, since March, 1833. The accommodations of these places were meager, and the expense to the county had been considerable. The following is the order of the court in reference thereto :


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HISTORY OF CLINTON COUNTY.


ORDER.


" It is ordered by the court that the superintendent of public build- ings be, and he is hereby, required to let out to the lowest bidder, on Monday, the seventh day of April next, the contract for erecting a house for a court house in the town of Springfield, the seat of justice of this county, upon lot No. 110, on the following plan, to wit : To consist of two rooms ; one room to be eighteen by twenty feet, and the other sixteen by eighteen feet, to be raised one story high, of eight feet from the floor to the joists ; the walls to be of good hewed logs of durable timber to face at least ten inches ; to be covered with a good shingle roof, a plank floor well jointed and laid down rough in both rooms ; a good stack chimney in the middle to be built of stone or bricks, at the option of the builder ; the cracks to be well pointed with stone and lime, and the whole house to be well underpinned with rock and pointed with lime; to be ceiled overhead by lathing and plastering, with a double or smooth coat ; the largest room to have two outside doors, and also one door going into the jury, or smaller room ; the doors to be neatly cased with walnut plank, and neat batten doors hung of the same material ; the larger room to have two windows of twelve lights each, one on each side of the front door, and also two windows in the smaller room, one in the back and one in the front side, all of which windows are to be neatly cased with walnut plank, filled with sash and glazed, and to have plain shutters hung to them ; a good lock to be put to the partition door, and latches to the outside doors; all the materials to be furnished by the builder. The whole work to be completed on or before the first day of November, 1834. Payment to be made on the following terms, to wit: Whenever in the judgment of the superintendent, it shall appear that one-third of the work shall be done, payment of one-third of the whole amount of the contract to be made, and payment of the balance to be made on the completion of the building. Bond and approved security will be required from the person taking the contract, in a penalty of at least double the amount for which the same shall be bid off, and the said superintendent is required to publish the same by written hand bills."


Henry F. Mitchell was the superintendent of public buildings and Solomon Fry was the contractor, and obligated himself to have the work done in November following. The building was probably when completed the largest in the county. In it were located the several county offices, and there met that august assemblage known as the cir- cuit court, where the vocal, and not infrequently, muscular pioneer attor- neys had full scope for the employment of their varied powers, both physical and intellectual. The old Clinton County bar, was one of which the attorneys of the county may well be proud. They were, indeed, able men-men who not only stood high in their profession in


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HISTORY OF CLINTON COUNTY.


after years, but many of them attained honorable positions in the state and national legislatures. If the old settlers are to be believed, all the old court houses, when first erected in this western country, often rang on the pioneer Sabbath with a more stirring eloquence, than that which enlivens the pulpits of the present time. Many of the earliest ministers officiated in their walls, and if they could but speak, they would doubt- less tell many a strange tale of pioneer religion that is now lost forever.


To those old court houses ministers came of different faiths, but all eager to expound the simple truths of a sublime and beautiful religion, . and point out for comparison the thorny path of duty and the primrose way of dalliance. Often have those old walls given back the echoes of those who sang the songs of Zion, and many an erring wanderer has had his heart moved to repentance thereby more strongly than ever by the strains of homely eloquence.


With Monday morning the old building changed in character, and men went thither seeking not the mercy of God, but the justice of man. The scales were held with an even hand. Those who presided knew every man in the county, and they dealt out substantial justice, and the broad principles of natural equity prevailed.


Children went there to school, and sat at the feet of teachers who knew little more than themselves ; but, however humble the teacher's acquirements, he was hailed as a wise man and a benefactor, and his lessons were heeded with attention. The old people of the settlement went there to discuss their own affairs, and learn from visiting attorneys the news from the great world, so far away to the southward and east- ward.


In addition to the orderly assemblies which formally gathered there, other meetings no less notable occurred. It was a sort of a forum whither all classes of people went for the purpose of loafing and gossiping, and telling and hearing some new thing.


As a general thing, the first court house, after having served the purpose of its erection, and having served that purpose well, is torn down and conveyed to the rear of some remote corner lot, and thereafter is made to serve the purpose of an obscure cow stable on some dark alley. The old court house at Plattsburg, however, after having accomplished its mission, was used for a much higher and nobler purpose, being con- verted into a school house, and thereafter devoted to the education and instruction of the youth.


There is little of the poetic and romantic in the make-up of western society, and the old court house, after the building of the new one, ceased to be regarded with reverence and awe.


In a new country, where every energy of the people is necessarily employed in the practical work of earning a living, and the always urgent and ever present question of bread and better is up for solution, people


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HISTORY OF CLINTON COUNTY.


cannot be expected to devote much time to the poetit and ideal. It . therefore follows that nothing was retained as a useless relie which could be turned to some utility ; but it is a shame that the people of modern times have such little reverence for the relics of former days. After these houses ceased to be available for business purposes they should have been preserved, to have at least witnessed the semi-centennial of the country's history. It is sad that, in their hurry to grow rich, so few have care even for the work of their own hands. How many of the early set- tlers have preserved their first habitations? The sight of that humble cabin would be a source of much consolation in old age, as it reminded the owner of the trials and triumphs of other times, and its presence would go far toward reconciling the coming generation with their lot when comparing its lowly appearance with the modern residence, whose extensive apartments are beginning to be too unpretentious for the enterprising sport of the irrepressible "Young Americans."


, SECOND COURT HOUSE.


In June 1834, the county court let, to the lowest bidder, the contract for the building of a brick court house, the first having been erected merely as a temporary structure to accommodate the county officers until a better and more suitable building could be built. The old court house stood just south of the square and east of the Plattsburg Bank. The order of the court in reference thereto, is as follows :


"It is ordered that the superintendent of public buildings be, and he is hereby required to let, to the lowest bidder, the building of a brick court house, on the public square, in the town of Springfield, on Friday, the 13th day of June next, during the session of the circuit court of this county, of the following dimensions, to wit: To be thirty-two feet square and twenty feet high, to consist of two stories, the lower story to have two fire places, and the upper story the same number ; the house to have four chimneys ; the ground to be dug two feet deep on which it is built, and a foundation of rock, to be built thereon, eighteen inches above the surface of the earth ; the house to have three doors and twenty-five windows ; all to be neatly and well framed, as they are put up ; two sets of good joists to be put in, and two good and neat pillars in each story ; the whole to be covered in with a good shingle roof; the whole to be completed in a good and workmanlike manner, by the first day of December next, and the contract, entire, is to let out to the same individual, and the payment for the same will be made in the following installments, to wit : two hundred dollars on the completion of the work; one half of the residue on the seventh day of April next, and the balance in six months thereafter. Bond and approved security will be required of the contractor on the day of letting out the same. And it is


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HISTORY OF CLINTON COUNTY.


further ordered that the superintendent aforesaid insert a notice of the above in the Enquirer, a public newspaper printed in Liberty, Missouri, from this time until the day of letting out the same."


This court house stood for about twenty-five years, on the site now occupied by the present court house and jail. Although it would be regarded, in this day and age, as a very humble building, yet, when built, forty odd years ago, it was among the best in Northwestern Missouri, and when completed, the then little village of Plattsburg was proud of it, as a temple of justice. In it transpired many ludicrous scenes, such as characterized the courts of the days of pioneer times, and in it took place the first important criminal trials which were held in the county.


PRESENT COURT HOUSE.


On the 16th of September, 1859, the county court made the follow- ing order in reference to the building of the present court house and jail :


"The court being satisfied that it is expedient to build a court house and a jail for this county, it is now here ordered that the same be built, and that the sum of twenty-five thousand dollars be appropriated for the erection of such buildings. And the court designates the pres- ent site of the court house as the place for such new court house and jail. And it is further ordered by the court that Hervey Whittington be, and he is hereby appointed superintendent to advertise for receiving proposals for erecting such buildings, stating in his advertisement a description of said buildings, according to the plans and specifica- tions approved by the court, and that he contract for the erection of said buildings according to law, and for their completion on or before the first day of November, 1860. And it is further ordered, that pay- ment be made for said buildings in three different installments, as fol- lows, to wit : Seventy-five per cent on the one-third part of the amount for which said buildings shall be undertaken, when the said buildings shall have been one-third completed ; and the same amount when two- thirds completed, and the balance when said buildings shall have been fully completed and accepted."


Mr. Whittington advertised and let the building of the court house to William C. Black for the sum of twenty-seven thousand and fifty dollars. Mr. Whittington having afterward resigned his superintend- ency of the building of the court house, Peter McDuff was appointed in his place to overlook and direct the work. Mr. McDuff now resides near Atchison, Kansas, at the advanced age of about seventy years. The allowance made by the county court for building the court house and jail was a liberal one, but the entire cost at completion was nearly fifty thousand dollars. It is located on the western side of the public


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HISTORY OF CLINTON COUNTY.


square, midway between the 'northwest and southwest corner, fronting west on Main Street.


The old Roman and Doric style of architecture were followed in its construction, and everything about the building is of a solid, massive character. The main building is a square, with short wings projecting north and south from the western part of it, giving it somewhat the shape of the letter T. There are eight rooms, occupied by the county officials and the county and circuit courts. The circuit court room is in the second story of the building, and is capacious and well ventilated. Over the judge's seat hangs the well-known portrait of General David R. Atchison, one of the early judges of the circuit, and the portrait of Hon. George W. Dunn, the present judge. The building is surmounted by a dome twelve feet square, reaching to a height of fifty feet above the roof, and is in classic harmony with the general appearance of the build- ing, rendering it a prominent landmark in the plain of the surrounding country. In fact, the handsome dome of the court house, glinting in the sunlight, is the first object that attracts the attention of the stranger as he approaches Plattsburg. Every feature of the building denotes solidity and durability. Its thick walls and granite columns will doubtless stand intact when the other edifices which now surround the public square will have crumbled into dust.


THE COUNTY POOR HOUSE AND FARM,


now an important feature of the county, like many other institutions of equal consequence, had its origin in very small beginnings. Pauperism is an evil which has never, to any considerable extent, afflicted any por- tion of our state, still less the district included within the limits of Clinton County. No land, however blessed, has been always and uni- formly exempt from misfortune, which may result in inability to afford self support ; and Clinton County, with her generous soil, enterprising and liberal spirited population, has proven no exception to the universal rule. Still, many years of rapid development and increasing population rolled onward from the first settling of the county before the necessity arose of providing for an indigent class which had just begun to appear.


About the year 1850, the county first began to recognize the necessity of such provision, but the number of paupers being extremely limited, it was deemed a matter of economy to quarter them on private individuals who could thus, for a reasonable compensation, provide for their necessi- ties, without reducing the county to the expense of purchasing and maintaining an establishment restricted to the special object of their use and benefit.


This method of keeping and caring for the poor of the county, was continued until Deeember 4, 1860, when the county court made the fol- ing order :


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