USA > Missouri > Buchanan County > The history of Buchanan County, Missouri > Part 16
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"Given under my hand, this 26th day of May, 1840. WILLIAM HARRINGTON.
Territory of Ne-at-a-wah attached to Buchanan in 1839, for military and civil purposes. Repealed in 1845.
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HISTORY OF BUCHANAN COUNTY.
The following is the report of the Commissioners :
" We, the undersigned Commissioners appointed by the act of Assembly entitled An Act to organize the counties of Platte and Buchanan, and define the boundaries thereof, approved the 31st of December, 1838, after having been first duly sworn, proceeded to view the territory and situation of the same, to take into consideration as well the weight of the population of the said County of Buchanan, as the interest of the same, have selected for their seat of justice the southest quarter of section 21, township 56, range 35.
Nevertheless it is the wish of the Commissioners that if under the provisions of the several acts of Congress, granting to the counties a pre- emption to one quarter section for seats of justice, approved May 26, 1824, and the several acts of Congress granting pre-emptions to actual settlers on public lands, will permit the division of a quarter, we would prefer taking the east half of the southwest quarter of section 21, town- ship 56, range 35, instead of the east half of the southeast quarter of sec- tion 21, township 56, range 35.
In testimony whereof we have hereunto subscribed our names, and affixed our seals, this 28th day of May, 1840.
A. MCCLINTOCK, LEONARD BRASSFIELD, PETER P. FULKERSON."
On the reverse side of this report is the following :
WHEREAS, It has been the custom of parents to name their child- ren, we have thought proper to call the town by the name of the town of Benton .*
A. MCCLINTOCK, LEONARD BRASSFIELD, PETER P. FULKERSON.
Endorsed :
Commissioners' report of the location of the seat of justice received at August Term of Buchanan County Court, 1840, and ordered to be filed. Attest :
WVM. FOWLER, Clerk.
ORGANIZATION OF COUNTY COURT.
The Governor of the state, as authorized by act of the General Assem- bly, commissioned Samuel Johnson, William Harrington and William Curl, County Court Justices, and appointed Samuel M. Gilmore Sheriff.
Two of the justices (Samuel Johnson and William Harrington, con- stituting a quorum) met at the house of Richard Hill, on the first Monday in April, 1839, and organized as a court, causing proclamation of the same to be made.
Samuel Johnson, one of its members, was appointed President of the court and William Fowler, clerk. Being thus organized, the court pro- ceeded to the discharge of the public business.
*The County Court named the county seat Sparta at August Te m, in 1840.
156
HISTORY OF BUCHANAN COUNTV.
After granting a license to Edward Dodge, to vend groceries in the county, the question of naming and defining the boundary lines of the townships was then taken up, but before noticing the orders of the court in reference thereto, 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 organizations.
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 governing 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 permit- ted 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.
" 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-
157
HISTORY OF BUCHANAN COUNTY.
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 exercised 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, efficiency and adaptation to the requirements of a free and intelligent people, became universal throughout new England, and went westward 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
158
HISTORY OF BUCHANAN COUNTY.
west of the Misissippi 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 succession, and those different systems became more or less improved, according as deemed necessary by the experience and judgment and demands of the people, until they have arrived at the present stage of advancement and efficiency. In the settlement of the Territory of Mis- souri, the Legislature began by organizing counties on the Mississippi River. As each new county was formed it was made to include under legal jurisdiction all the country bordering west of it, and required to grant to the accidental settlers electoral privileges, and an equal share in the county government, with those who properly lived in the geo- graphical 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 settled 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 Buchanan County may be obtained from the language always 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 these 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 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 states having definite boundary lines. This territory had been known as New France, and had been ceded by France to England in 1763. In the year 1803,
159
HISTORY OF BUCHANAN COUNTY.
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 dis- posed 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 colonial treasury an agreed price, the purchaser received a patent for the land. This method of disposing of public lands made lawsuits num- erous, owing to different surveys often including the same ground. To avoid these difficulties and effect a general measurement of the terri- tories, 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 suitable monument of iron or stone 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 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
160
HISTORY OF BUCHANAN COUNTY.
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 of 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 :
-
6
5-
4- -
-
3
1
I
8
9-
10
11
1
18
-17
16-
-15
14
-13
1
1
-19
-20
21
22
23
21
-
30
29
28
-27-
.26
25
1
1
-31
32
33
31
-35
-36-
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 So and the sixteenth 40. In the fol-
16E
HISTORY OF BUCHANAN COUNTY.
lowing diagram of a section the position designated by a 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.
1/4 Sec. post.
Sec. post.
Sec. post.
a
160 acres
1
g
1/4 Sec. post.
14 Sec. post.
e
b
C
d
Sec. post.
Sec. post .
1/4 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 desig- nated by numbers and in squares ; the municipal or civil township by name and in various forms.
By the measuremements thus made by the Government, the courses and distances are defined between any two points. St. Louis is in town- ship 44 north, range 8 east, and Independence is in township 49 north, range 32 west ; how far, then, are Kanas 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 triangle, 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 townshps of five, six, seven, or per- haps ten miles square, and the inhabitants of such township 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."
The most important features connected with this system of township. surveys should be thoroughly understood by every intelligent farmer and
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HISTORY OF BUCHANAN COUNTY.
business man ; still there are some points connected with the under- standing of it, which need close and careful attention. The law which established this system required that the north and south lines should correspond exactly with the meridian passing through that point ; also, that each township should be six miles square. To do this would be an utter impossibility, since the figure of the earth causes the meridians to converge toward the pole, making the north line of each township shorter than the south line of the same township. To obviate the errors which are, on this account, constantly occurring, correction lines are estab- lished. They are parallels bounding a line of townships on the north, when lying north of the principal base ; on the south line of townships when lying south of the principal base, from which the surveys, as they are continued, are laid out anew ; the range lines again starting at cor- rect distances from the principal meridian. In Michigan these correc- tion lines are repeated at the end of every tenth township, but in Oregon they have been repeated with every fifth township. The instructions to the surveyors have been that each range of townships should be made as much over six miles in width on each base and correction line as it will fall short of the same width where it closes on to the next correction line north; and it is further provided that in all cases, where the exterior lines of the townships shall exceed, or shall not extend six miles, the excess or deficiency shall be specially noted, and added to or deducted from the western or northern sections or half sections in such township, according as the error may be in running the lines from east to west, or from south to north. In order to throw the excess of deficiencies on the north and on the west sides of the township, it is necessary to survey the section lines from south to north, on a true meridian, leaving the result in the north line of the township to be governed by the convexity of the earth, and the convergency of the meridians.
Navigable rivers, lakes and islands are "meandered" or surveyed by the compass and chain along the banks. "The instruments employed on these surveys, besides the solar compass, are a surveying chain thirty- three feet long, of fifty links, and another of smaller wire, as a standard to be used for correcting the former as often at least as every other day, also eleven tally pins, made of steel, telescope, targets, tape measure and tools for marking the lines upon trees or stones. In surveying through woods, trees intercepted by the line are marked with two chips or notches, one on each side; these are called sight or line trees. Sometimes other trees in the vicinity are blazed on two sides quartering toward the line ; but if some distance from the line the two blazes should be near together on the side facing the line. These are found to be permanent marks, not only recognizable for many years, but carrying with them their own age by the rings of growth around the blaze, which may at any subsequent time be cut out and counted as years ; and the same are recognized in
163
HISTORY OF BUCHANAN COUNTY.
courts of law as evidence of the date of the survey. They cannot be obliterated by cutting down the trees or otherwise, without leaving evi- dence of the act. Corners are marked upon trees if found at the right spots, or else upon posts set in the ground, and sometimes a monument of stones is used for a township corner, and a single stone for section corner ; mounds of earth are made where there are no stones nor timber. At the corners the four adjacent sections are designated by distinct marks cut into a tree, one in each section. These trees, facing the corner, are plainly marked with the letters B. T. (bearing tree) cut into the wood. Notches cut upon the corner posts or trees indicate the num- ber of miles to the outlines of the township, or if on the boundaries of the township, to the township corners."
Recurring now to the County Court, we shall here insert, from its "Order Book" the following extracts, defining the boundaries of the dif- ferent townships :
"Ordered by the court, that Platte Township shall be bounded as follows, to wit : Commencing on the old State boundary line, where Cas- tile Creek crosses the same ; thence due west to the Platte River, so as to include all the territory lying south of that line, between the old State boundary and Platte River, down to the north line of Platte County."
At a subsequent term, May 7th, 1839, the County Court extended the boundary lines of Platte Township as follows :
"Ordered by the court, that the north boundary line of Platte Town- ship be extended north one mile; thence due west to Platte River ; thence down Platte River to the county line."
"Tremont Township shall be bounded on the south by Platte Town- ship; east by the old State boundary ; north by the Third Fork of Platte River, and west by Platte River."
"Marion Township shall be bounded on the south by the Third Fork of Platte ; west by the Hundred and Two; east by the old State bound- ary, and north by the north line of the state."
On Tuesday, April 2nd, 1839, the court convened, pursuant to adjournment, and continued the laying out of townships, beginning with Bloomington :
"The court further orders that Bloomington Township shall be bounded as follows, to wit : Beginning at the mouth of Contrary Creek ; thence up said creek to Benjamin Sampson's, so as to include said Samp- son ; thence south to the Platte County line; thence west with the said line to the Missouri River ; thence up the Missouri River to the place of beginning."
"Ordered by the court, that Crawford Township be bounded as fol- lows, to wit : On the north by Jefferson Township; west by Blooming- ton Township ; south by the north boundary of Platte County, and east by Bee Creek, as far north as Dodge's mill ; thence by a line running
164
HISTORY OF BUCHANAN COUNTY.
due north from Dodge's mill, until it strikes the north boundary of Jef- ferson Township."
"Ordered by the court, that Washington Township be bounded as follows, to wit : Beginning in the main channel of the Missouri River, at the northwest corner of Buchanan County proper ; thence east with said line to the main channel of Creek One Hundred and Two; thence with the meanders of said creek to the mouth thereof ; thence down. Platte River in the main channel thereof, to the mouth of the Third Fork of said Platte River ; thence westwardly to Dr. Hubble's ; thence due west to the middle of the main channel of the Missouri River ; thence up said river to the beginning."
There were established by the County Court, at their first term, four other townships, bearing respectively the names of Lewis, Noble, Jefferson and Nodaway. Atchison Township was formed two years after.
These, however, have no distinctive existence now. The county was originally divided into nine large townships, called Platte, Marion, Lewis, Jefferson, Nodaway, Bloomington, Washington, Crawford and Noble.
Following up the varied history of the townships, we find on the 7th day of June, 1842, Buchanan County was divided into eight municipal townships, to be called and designated by the names of Bloomington, Crawford, Platte, Tremont, Marion, Washington, Wayne and Centre,. and were bounded and described as follows :
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