The history of Buchanan County, Missouri, Part 17

Author: Union historical company, St. Joseph, Mo., pub. [from old catalog]
Publication date: 1881
Publisher: St. Joseph, Mo., Union historical company
Number of Pages: 1104


USA > Missouri > Buchanan County > The history of Buchanan County, Missouri > Part 17


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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Bloomington Township to embrace Congressional township 55, in range 36, and the territory west to the Missouri River.


Crawford Township to embrace Congressional township 55, in range 35.


Platte Township to embrace Congressional township 55, in range 34, and the territory east to the old State boundary.


Tremont Township to embrace Congressional township 56, in range 34, and the territory east to the old State boundary.


Marion Township to embrace Congressional township 57, in range 34, and the territory east to the old State boundary.


Washington Township to embrace Congressional township 57, in range 35, and the territory west to the Missouri River.


Wayne Township to embrace Congressional township 56, in range 36. Centre Township to embrace Congressional township 56, in range 35.


Agency Township was formed in 1876, and is bounded as follows : All that portion of Congressional township 56, range 34, west of Platte River, beginning at Platte River, on township line between 56 and 57 : thence west to the northwest corner of section 6, township 56, range 34; thence south to the southwest corner of section 31, township 56, range


S


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HISTORY OF BUCHANAN COUNTY.


34 ; thence east to Platte River, including all that part of said township that was at the time attached to Washington and Centre Townships.


Rush Township was formed in August, 1842, and embraces all that portion of Bloomington Township west of the range line, dividing ranges 36 and 37, and south of the township line dividing townships 55 and 56 to the Missouri River.


In August, 1842, the boundary lines of Crawford Township were extended east to the range line dividing towns thirty-four and thirty- five, said range line being made the dividing line between Crawford and Jackson Townships.


On the 27th of June, 1842, the court changed the boundaries of Marion and Washington Townships, by attaching all of Marion Town- ship west of One Hundred and Two and Platte Rivers, to Washington Township, and locating the line dividing said townships on the west bank of the Platte River, where the township line, dividing towns fifty- six and fifty-seven intersects the same ; thence up Platte River to the mouth of the One Hundred and Two; thence up the One Hundred and Two to the line dividing the counties of Buchanan and Andrew, and attaching all the territory north of Washington Township and south of the county line dividing the counties of Buchanan and Andrew, and attaching also, all the territory north of Marion Township and south of the county line to Marion Township.


PLACES FOR HOLDING FIRST ELECTIONS.


"Ordered by the court that an election be held in the several town- ships in this county, for the election of two Justices of the Peace for each township, and one Constable ; the election to be held on Saturday, the 27th day of this month, and at the following places, to wit : In Platte Township, at the house of John Henry, and that John Henry, James B. Glenn, and Richard Chaney, Sr., be appointed judges thereof."


"In Tremont Township, at Donnell's store, and that George Jeffers, John S. Johnson, and John Benton be appointed judges thereof.


"In the Township of Marion, at the house of Benjamin Cornelius, and that Benjamin Cornelius, James Watters and Anderson B. Gregory be appointed judges thereof.


"In Bloomington Township, at the town of Bloomington, and that David May, Abraham Womach and James L. Mulkey, be appointed judges thereof.


"In Crawford Township, at West Point, and that Nathan T. Frakes, George W. Taylor and Henry Hensby be appointed judges thereof.


"In Noble Township, at the house of Pleasant Yates, and that Ben- jamin McCrary, Elisha Smith and Millford Gilmore be appointed.judges thereof.


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HISTORY OF BUCHANAN COUNTY.


"In Lewis Township, at the house of William Stephenson, and that Thomas Crowley, William Thorp and Isaac Massa be appointed judges thereof.


In Nodaway Township, at Elliott's store, and that James Officer, Robert Elliott and Francis Wrightman be appointed judges thereof.


"In Jefferson Township at Jamestown, and that George S. Nelson, Theophilis McGruder and John Shannon be appointed judges thereof."


They recommended also that a poll be opened in the townships for one County Court Justice, Richard Roberts, Esq., having either resigned or refused to act.


William W. Reynolds was appointed County Assessor ; his term of office to expire at the end of the year 1839.


ROADS.


On the 7th of May, 1839, the County Court at its second term, held at the house of Joseph Robidoux, at Blacksnake Hills, began the work of laying out roads. Many applications upon the part of the citizens residing in different portions of the county, had in the meantime (since the adjournment), been filed with the clerk, praying an order for the establishment of roads. These were taken up by the court and acted upon as follows :


"On application of Frederick Waymire, the court appoints Richard Hill, William Cogdil and Claybourne F. Parmer to view, mark and locate a road from S. H. Bell and F. Waymire's mill site, on Contrary Creek, thence the nearest and best way to Pennick's store or West Point, who shall make report at the next term of this court."


"On application of Frederick Waymire, the court appoints H. W. Hanson, Samuel C. Hall and John H. Whitehead, to view, mark and locate a road from S. H. Bell and F. Waymire's mill site, on Contrary Creek ; thence the nearest and best way to Robidoux's, on the Missouri River, and that they make report at the next term of this court."


"On application of James Gilmore, the court appoints Robert Irvin, Robert Gilmore and James Davis, to view, mark and locate a road from Joseph Jenkin's, at the line of Clinton County, crossing Platte at Gil- more and Dixon's Mill, thence the nearest and best route to Robidoux's on the Missouri, and make report at the next term of this court."


"On application of James Gilmore, the court appoints William Poe, Jarvis McCorkle and George Jeffers, to view, mark and locate from Joel Burnam's, at the Clinton County line, to Gilmore and Dixon's Mill, thence intersecting a road about to be established, leading from Jenkin's to Robidoux's, and make report at the next term of this court."


"On application of Robert Elliott, the court appoints William Clemens, Joel Estes and Ezekiel W. Smith to view, mark and locate a


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HISTORY OF BUCHANAN COUNTY.


road from Gilmore's mill, on Platte River, to the rapids of Nodaway, by- way of Elliott's store, and make report to this court at the next term."


These were the first roads made by authority of law in the county- of Buchanan.


FERRIES.


Whoever will take the trouble of examining the map of Buchanan County will see that the country is traversed by a number of large streams, which even at this day cannot be crossed during a greater por- tion of the year without the medium of bridges or some other appliance. The difficulty of crossing the streams was even greater in earlier days than now, as it is a fact that there were at that time more freshets, and a higher stage of water in the streams than now. While the Indians were occupying the territory now embraced in the limits of the county .. one or two persons were permitted by government to locate within the county and operate a ferry; especially was this the case at Agency Ford.


At a later day, however, after the county was organized, these ferries were under the direct control of the County Court, who, in consideration of an annual fee, licensed certain persons to operate them. The County Court, moreover, upon issuing said license, prescribed the rate of toll to be charged, and in other respects looked after their management.


Public policy dictated that the supervision of the ferries should be rigid, for by their mismanagement commerce and travel would be mate- rially interfered with, and in some cases entirely interrupted.


The first person regularly licensed as a ferryman was Julius C. Robi- doux, who was authorized to maintain a ferry across the Missouri River at Blacksnake Hills, on the 7th day of May, 1839.


The record is as follows: "Ordered by the Court, that Julius C. Robidoux be licensed to keep a ferry on the Missouri River, in the county of Buchanan, at Robidoux's Landing, for the term of one year from this date, and that he pay a tax therefor the sum of four dollars for state purposes, and four dollars for county purposes, and fix the rates of ferriage as follows :


For each four-wheeled carriage drawn by four horses, oxen or $1.50 other animals.


For each two-horse carriage drawn by two horses, or oxen or


other animals 1.00


For each one-horse carriage drawn by one horse, mule or ass 50


For each man and horse, or mule


25


For each footman.


12.


For each led horse, mule or ass.


123


For each head of cattle. IO


For each head of hogs or sheep 3


During the following December, John Ellington was licensed to keep a ferry. The following was the order of the Court : Ordered that John


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HISTORY OF BUCHANAN COUNTY.


Ellington be licensed to keep a ferry on the Nodaway River, at the Pot- awattamie crossing, for the term of one year from this date, and that he pay a tax therefor of two dollars and fifty cents for state purposes, and the same amount for county purposes, and that he be allowed to charge the following rates of ferriage, to wit :


Loaded wagon and team $1.00


Empty do 50


Two-horse wagon and team


75


Empty do 371


Man and horse


123


Footman


6+


Single horse. .


Cattle per head.


Sheep or hogs per head


64 5 3


There were other ferries licensed in various parts of the county which were of great service to the settlers and emigrants passing through, and at the same time they were a source of some little revenue to the county, and repaid the owners of them liberal rewards for the labor of operating them and the capital invested.


"WESTWARD THE STAR OF EMPIRE TAKES ITS WAY."


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CHAPTER VIII.


THE FIRST RECORDS.


The original real estate records are still in existence. The book in which they are recorded contains 478 pages, and although its leaves have become yellowed and soiled by time, it is in a good state of pre- servation. Here are found, promiscuously recorded, mortgages, bills of sale, chattel mortgages, powers of attorney, indentures of apprentice- ship, warranty deeds, etc. The character of the penmanship and the orthography are generally good. Bills of sale, mortgages and deeds, were in early times usually drawn up by justices of the peace, who, while they were men of good judgment, of unimpeachable integrity, were fre- quently unlearned and unlettered, as nearly all the early records tes- tify, yet the early records of Buchanan County are generally an exception to this rule. The fact must not be lost sight of, however, that the early officials of the newly organized counties in this western coun- try, were hardy backwoodsmen, whose continual struggle for a livelihood precluded the possibility of devoting any time to self culture.


In reproducing some of these first records it is not with a view to ridicule those brave, busy pioneers of justice, but to satisfy a curiosity to behold what is novel and ancient.


The first record is that of the order of the appointment of Circuit Court and County Court Clerks, which is as follows :


"To all who shall see these presents-Greeting :


"Know ye that reposing especial trust and confidence in the integ- rity and abilities of Edwin Toole, I do hereby appoint him Clerk of the Circuit Court for the County of Buchanan in the State of Missouri, and do authorize and empower him to discharge the duties of said office with all the powers, privileges and emoluments to the same of right apper- taining until the general election in the year 1840 ; and until his suc- cessor is elected and qualified.


"Given under my hand as Judge of the fifth Judicial Circuit, in the State of Missouri, the 16th day of February, 1839.


AUSTIN A. KING.


State of Missouri, sct. :


I, Edwin Toole, do hereby swear that I will support the constitution of the United States, and of the State of Missouri, and that I will faith-


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172


HISTORY OF BUCHANAN COUNTY.


fully discharge the duties of Clerk of the Circuit Court for Buchanan County, during my continuance in office.


EDWIN TOOLE.


The above oath of office taken and subscribed before me, the undersigned, this first day of March, 1839.


AUSTIN A. KING, Judge, etc.


The above commission was filed 8th of March, 1839. EDWIN TOOLE, Recorder.


To all who shall see these presents greeting :


Know ye that reposing especial trust and confidence in the integ- rity and abilities of William Fowler, we, Samuel Johnson and William Harrington, Justices of the County Court of Buchanan County and State of Missouri, do hereby appoint him, the said William Fowler, clerk of the County Court of Buchanan, in the aforesaid state, and do author- ize and empower him to discharge the duties of said office according to law. And to have and to hold said office, with all the power, privileges and emoluments to the same of right appertaining, until the general election in the year 1840, and until his successor is elected and qualified.


Given under our hands as Justices of the County Court of Buchanan County, in the State of Missouri, the Ist day of April, 1839.


STATE OF MISSOURI, COUNTY OF BUCHANAN,


I, William Fowler, do hereby swear that I will support the Consti- tution of the United States and of the State of Missouri, and that I will faithfully discharge the duties of Clerk of the County Court of Buchanan County during my continuance in office.


WILLIAM FOWLER.


The above oath of office taken and subscribed in open court this Ist April, 1839.


SAMUEL JOHNSON, WILLIAM HARRINGTON,


The above filed for record Ist April, 1839. EDWIN TOOLE, Recorder.


The above mentioned were the first clerks of the Circuit and County- Courts of Buchanan County, and in obedience to the custom of that day, were appointed by the judges of said courts.


S. M. Gillmore was the first appointed sheriff of the county, and Peter H. Burnett, afterward Governor of California, first prosecuting attorney.


At the general election, held on the first Monday in August, 1840, William Fowler received 979 votes for the office of Circuit Clerk. There being no other person voted for, he was declared duly elected to the office of Circuit Clerk for the term of six years.


At the same election Samuel M. Gilmore was elected sheriff to. serve two years.


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HISTORY OF BUCHANAN COUNTY.


The following is the bond filed by the latter officer :


Know all men by these presents :


That we, Samuel M. Gilmore as principal, and James Gilmore and Frederick Waymire as security, acknowledge ourselves to owe and be indebted to the State of Missouri, in the sum of seven thousand dollars, well and truly to be paid, we bind ourselves, our heirs, executors, administrators and assigns firmly by these presents.


Witness our hands and seals this 25th day of August, 1840.


The condition of the above obligation is such, that if the above bound Samuel M. Gilmore shall faithfully perform all the duties of sheriff of Buchanan County, in the State of Missouri aforesaid, according to law, for the term of two years, and until his successor is elected and qualified, and pay over all moneys that may come into his hands, by virtue of his office, to those entitled, and all things faithfully do and perform, touching the duties of the office of sheriff aforesaid, then this obligation to be null and void, otherwise to remain in full force and virtue.


Signed and sealed this day and date above written.


SAMUEL M. GILMORE. [SEAL.] JAMES GILMORE. [SEAL.]


F. WAYMIRE. [SEAL.]


Witness : EDWIN TOOLE.


I, Edwin Toole, Clerk of the Circuit Court in and for the County of of Buchanan, and State of Missouri, do certify that I approve the penalty and security of the within bond.


This 25th day of August, A. D. 1840.


EDWIN TOOLE, Clerk.


NOTE .- In the body of the above bond the following words are interlined, to wit: for the term of two years and until his successor is elected and qualified. And in the approval of the clerk a part of the second line is erased, and the words " of Buchanan and" visibly written.


The above bond was delivered for record August 24, 1840.


WILLIAM FOWLER, Recorder.


The first record after the appointment of Edwin Toole as Circuit Clerk and the appointment of William Fowler, Clerk of the County Court, is the following :


MORTGAGE.


This indenture, made the 14th March, 1839, between Joseph Wages and Zachariah Moreland, both of the County of Buchanan and State of Missouri. Whereas, the said Zachariah Moreland has this day stayed two judgments, one for two months and one for four months, for said Joseph Wages, which said judgments were lately obtained by J. & J. Long, before E. Toole, J. P., for the sum of $77.19 cts; and the said Joseph Wages, being desirous to secure and save the said Moreland against all responsibility in a certain recognizance in which said More-


.


174


HISTORY OF BUCHANAN COUNTY.


land bound himself in relation to said judgments, Therefore, this indenture witnesseth that the said Joseph Wages, as well for and in consideration of securing the said Moreland from the payment of the said judgments aforesaid, as the sum of one dollar to him, the said Wages, in hand paid, by the said Zachariah Moreland, at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, hath granted, bargained, and sold, released and confirmed unto the said Zachariah Moreland, one bay horse, two milch cows, seven head of sheep, to have and to hold the above mentioned property, to him the said Zachariah Moreland and his assigns, forever. Provided always, never- theless, that if the said Joseph Wages shall and truly pay said judgments above mentioned, or cause them to be paid, then this deed of mortgage shall cease, determine and become absolutely null and void, anything herein contracted, to the contrary notwithstanding.


In witness whereof, I have hereunto set my hand and seal, the day and date above written.


his JOSEPH × WAGES. [SEAL.] mark.


Teste : EDWIN TOOLE.


The above filed for record 5th April, 1839.


EDWIN TOOLE, Recorder.


DEED OF GIFT.


Know all men by these presents :


That I, Lewis Gresham of the County of Buchanan and State of Mis- souri, in consideration of the natural love and affection which I have and bear unto my two beloved daughters, Margaret and Louisa Perlina, and also for divers other good causes, and considerations in the said Lewis Gresham hereunto moving, have given, granted and confirmed, and by these presents, do give, grant, and confirm unto the said Margaret and Louisa Perlina, all and singular, a certain negro girl slave, named Elizabeth, between fourteen and fifteen years of age. Also three cows and calves ; fifteen head of sheep, twenty head of hogs, and one bed and furniture, to have, hold and enjoy all and singular, the said negro girl slave, and the said goods, chattels, and personal estate, aforesaid, unto the said Margaret and Louisa Perlina, their executors administrators, and assigns forever.


And I, the said Lewis Gresham, all and singular, the said negro girl slave, and the said goods and chattels, personal estate and other the premises to the said Margaret and Louisa Perlina, their executors, administrators and assigns, against the said Lewis Gresham, my execu- tors and administrators, and all and every other person and persons whatsoever, shall and will warrant and forever defend by these presents, of all and singular, which said negro girl slave, with the aforesaid goods, chattels, personal estate, and other the premises, I, the said Lewis Gresham, have put the said Margaret and Louisa Perlina in full posses- sion, by delivering to them the said negro girl, named Elizabeth, as a slave forever, at the time of sealing and delivering of these presents, in the name of the whole premises hereby granted.


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HISTORY OF BUCHANAN COUNTY.


In witness whereof, I, the said Lewis Gresham, have hereunto set my hand and seal, this 25th day of June, in the year of our Lord, one thousand eight hundred and thirty-nine.


LEWIS GRESHAM. [SEAL.]


Signed and sealed in the presence of William Fowler.


STATE OF MISSOURI, { ss :


COUNTY OF BUCHANAN,


Be it remembered, that on this 25th day of June, A. D. 1839, Lewis Gresham, the grantor named in the foregoing deed of gift, personally appeared before me, the undersigned Clerk of the County Court, within and for the county aforesaid, and acknowledging the signing and sealing of the same to be his act and deed, for the purposes therein mentioned.


Given under my hand, the day and year above written.


WILLIAM FOWLER, Clerk.


The next instrument recorded is a will, the first will on record, which is as follows :


I, William Monroe, of the County of Buchanan, and State of Mis- souri, do make and publish this, my last will and testament, in manner and following, that is to say :


First-It is my will that my funeral expenses and all my just debts be fully paid.


Second-It is my will and I do hereby give to my eldest son, Thomas Monroe, the sum of four hundred dollars, and to his heirs and assigns forever, to be paid to him or to his heirs and assigns by my executor on the Ist day of May next, as his full, complete and entire portion of my estate forever.


Third-I give to my second son, Daniel Monroe, the sum of four hundred dollars, and to his heirs and assigns forever, to be paid to him or to his heirs and assigns by my executor on the first day of May next, as his full, complete and entire portion of my estate forever.


Fourth-I give to my oldest daughter, Eleanor Douglass, the sum of two hundred dollars, and to her heirs and assigns forever, to be paid to her or her heirs by my executor on the Ist day of May next, as her complete and entire portion of my estate forever.


Fifth-I give to my second daughter, Susan Burris, the sum of four hundred dollars, and to her heirs and assigns forever, to be paid to her or to her heirs and assigns by my executor on the Ist day of May next, as her complete and entire portion of my estate forever.


Sixth-I give to my third daughter, Frances Reynolds, the note I hold against her husband (Reuben R. Reynolds), for the amount of sev- enty-seven dollars and thirty-six cents, principal and interest, up to this date. Said note was due August the Ist, 1838, and is dated and bears ten per cent. interest from the above date August Ist, 1838, to have and to hold to her heirs and assigns forever as and for her complete and entire portion of my estate forever.


Seventh-I give to the heirs of my fourth daughter, Elizabeth Kuaur, the sum of four hundred dollars, to be paid to them or to their lawful guardian, by my executor on the Ist day of May next, as their complete and entire portion of my estate forever.


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HISTORY OF BUCHANAN COUNTY.


Eighth-I give to my fifth daughter, Nancy Thorp, the sum of four hundred dollars, and to her heirs and assigns forever, to be paid to her or to her heirs by my executor on the Ist of May next, as her complete and entire portion of my estate forever.


Ninth-I give, devise and bequeath to my third son, Samuel Mon- roe, my two servant boys, namely, Sam and John, to have and to hold to his heirs and assigns forever. Also I give to the said Samuel Monroc, the farm on which I now live, situate in the attached part of Buchanan County, and State of Missouri, and known as the northwest quarter of section No. 10, township No. 57, range No. 35, to have and to hold the said farm, together with all the appurtenance thereunto belonging (either as a pre-emption right, or as certified and patented to me from Government), to his heirs and assigns forever.


Tenth-I give to my fourth son, Peter Monroe, my two servants, namely Emma and Mary Ann, to have and to hold, and to his heirs and assigns forever.


Eleventh-After the above distribution is fully made, it is my will and I do hereby devise and bequeath the entire balance of my estate, either personal or real, to my two sons, Samuel Monroe and Peter Mon- roe, to their entire use and equal enjoyment, and to their heirs and assigns forever.


Twelfth-And, lastly, I hereby constitute and appoint my said son Samuel Monroe to be the executor to this my last will and testament, revoking and annulling all former wills by me made, and ratifying and confirming this, and no other to be my last will and testament.


In testimony whereof I have hereunto set my hand and scal this twenty-first day of July, A. D. one thousand, eight hundred and forty.


WILLIAM MONROE. [SEAL.]


Signed, published and delared by the above named William Mon- roe as and for his last will and testament in presence of us who, at his request, have signed as witnesses to the same.


C. M. JOHNSON, JOHN W. SAMUEL.


The above will was filed for record October 3, 1840.


Witness :


WILLIAM FOWLER, Recorder.


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 Buchanan County, as will be seen from the following verbatim copies of a few of the earlier marriages :




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