USA > Missouri > Buchanan County > The history of Buchanan County, Missouri > Part 19
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Ordered that court adjourn until court in course.
DAVID R. ATCHISON.
CHAPTER X.
SECOND COURT HOUSE, ORDERED TO BE BUILT AT SPARTA-SIX THOUSAND DOLLARS TO BE APPROPRIATED THEREFOR-AGITATION OF THE COUNTY SEAT QUESTION LEGISLATIVE ENACTMENT-VOTE UPON THE QUESTION-COUNTY SEAT FINALLY CHANGED-COMMISSIONER HINKSTON'S REPORT.
The court house and jail erected at Sparta were designed merely as temporary structures, and after having subserved the interests of the county until there had been a large increase both in the revenue and population of the same, the County Court on the 9th of November, 1842. made the following order in reference to a more permanent building :
"It is ordered by the Court, that a court house be built in the town of Sparta, the seat of justice of Buchanan County, at such place and within such time as shall hereafter be designated by this Court, and the sum of six thousand dollars be and the same is hereby appropriated for the erection of said building, to be paid out of the fund arising from the sale of lots in the said town of Sparta, and for want of a sufficient amount of that fund to pay the same, the balance to be paid out of any money in the county treasury of said county not otherwise appropriated."
This court house, for which the county had made such a liberal allow- ance, was never erected, for about this time began the agitation of the question of changing the location of the county-seat. Sparta was destined to have a successful rival in the new town which was then struggling into existence at Blacksnake Hills, and this rivalry manifested itself in a spir- ited manner for several succeeding years.
COUNTY-SEAT QUESTION.
Soon after the laying out of St. Joseph in 1843, the first pronounced effort was made to move the county-seat from Sparta to St. Joseph.
The latter, although not in the center of the county, was the center of the trading interests, and most of the transactions which became sub- jects of judicial investigation were connected in some way generally with its citizens. During the year 1843, a petition was presented to the County Court, signed by more than three-fifths of the taxable inhabitants of the county, asking for the removal of the county-seat. In accordance with the prayer of that petition, three commissioners, viz .: Winslow Turner, James Hull and James Kuykendall, were appointed by the Justices of the County Court to select a site for the county-seat, and on the 4th of July, 1843, made their report, which is as follows :
189
HISTORY OF BUCHANAN COUNTY.
STATE OF MISSOURI, COUNTY OF BUCHANAN.
To the Honorable David R. Atchison, Judge of the Circuit Court of said county :
The undersigned, on the 21st day of February, 1843, having been appointed commissioners by the worshipful justices of the County Court of said county to select a site whereon to locate the seat of justice of said county, and having received a certificate thereof, together with a notice of the time and place appointed by said justices, for the assembling of said commissioners, in due form of law, would ask leave to submit the following report of their proceedings :
The undersigned, deem it not amiss, to inform the court that on the 20th day of February, in the year aforesaid, a petition was presented to the County Court of said county, praying a removal of the seat of justice thereof, to a designated place, that is to say, in the language of the peti- tion, "on the southwest quarter of section No. 8, of township No. 57, in range No. 35, the same being on the Missouri River at the Blacksnake Hills." The said petition, as appears from the record of the County Court of said county, was subscribed by nine hundred and fifty-six taxable inhabitants of said county, as ascertained by the tax list made and returned last preceding the presenting of the said petition, being ninety-eight over and above three-fifths of the taxable inhabitants of said county, the whole number of taxable inhabitants of said county, as appears from the said record, being fourteen hundred and thirty.
The number and respectability of the petitioners induced the under- signed to discharge the duties devolving upon them, under their com- mission with the strictest attention to the interest of the county, and the wishes of the petitioners. A part of the commissioners, after having taken an oath before Samuel C. Hall, a justice of the peace of said county, for the faithful performance of their duty, as commissioners, assembled at the Blacksnake Hills on the 3d day of April, 1843, and adjourned from time to time until the 24th day of April, 1843, and then proceeded to examine and select the most suitable place in said county, within the limit prescribed by law, whereon to erect the public buildings.
After an examination made with the strictest attention to the inter- est of the county, and the wishes of the petitioners, as above mentioned, the undersigned would respectfully report, that they have selected the southwest quarter of section No. 8, of township No. 57, in range No. 35. the same being on the Missouri River, at the Blacksnake Hills, as the most suitable place, in said county, within the limits prescribed by law, under their commission, whereon to erect the public buildings.
The undersigned will not pretend to say, how far they have been influenced, in the selection they have made, by the designation of the petitioners. They will, however, take occasion to remark, that the united judgment of nine hundred and fifty-six taxable inhabitants of the county, could not be dismissed without consideration.
But aside from the fact the place selected is the same as designated by the petitioners, the undersigned have no hesitation in saying that they are unanimous in the opinion that the place selected is far the most suitable in the limit prescribed to them whereon to erect the public buildings. The reasons for their opinion are too numerous to mention, and were they few it would perhaps be out of the way to express them here.
190
HISTORY OF BUCHANAN COUNTY.
The undersigned deem it proper to state to the court that the quar- ter section of land selected, is public land of the United States, and, con- sequently, the only evidence of title they can offer to the court is a reference to an act of the Congress of the United States, entitled " An Act granting to the counties or parishes of each State or Territory of the United States, in which the public lands are situated, the right of pre-emption to quarter sections of land for seats of justice, within the same," approved May 26th, 1824, and also a reference to the fact that the quarter section has been selected in the manner above mentioned, as a seat of justice, prior to the sale of the adjoining lands in said county. The undersigned deem it also proper to state to the court that a pre- emption right is claimed upon the quarter section selected by one Joseph Robidoux, and from the best information they can obtain, he lias probably complied with the requirements of the pre-emption law.
It is not the province of the undersigned to decide whether the selection made by them is a sufficient fixing of the seat of justice in said county, as will give the county a pre-emption right under the act of Congress above referred to. Nor is it their province to decide whether a county pre-emption can be located upon the pre-emption of an indi- vidual. The decision of these questions devolve upon the court, to which, with the foregoing report, they are respectfully submitted.
WINSLOW TURNER, JAMES HULL, JAMES KUYKENDALL. )
- Commissioners.
Endorsed. Filed July 4, 1843.
WM. TOOLE, Clerk.
Following this report of the commissioners is the order of the Buchanan County Court, appointing a day for an election to be held, to determine upon the selection as made by the commissioners. The order is as follows :
THE STATE OF MISSOURI,
COUNTY OF BUCHANAN.
In the Buchanan County Court, July 4, 1843.
On this day the report of a quorum of the commissioners appointed at the February term, 1843, of this court, to select a site on which to locate the seat of justice of Buchanan County, having been certified to the County Court by the Circuit Court, at the last session thereof, it is thereupon ordered that an election be held, on the 5th day of August next, in each township in this county, at the same places in said town- ships at which general elections are held for civil officers, to determine upon the selection made by said commissioners, that is to say upon the southwest quarter of section No. 8 of township No. 57, in range No. 35, the same being on the Missouri River at the Blacksnake Hills.
A true copy of the order.
Attest : WILLIAM FOWLER, Clerk.
On the reverse side of the order, the sheriff, G. W. Taylor, made his return of the posting up of notices in the different townships as
191
HISTORY OF BUCHANAN COUNTY.
required by the order. At the election that followed a majority voted for the removal of the county seat to Blacksnake Hills, but the measure failed because the claim of the county to the quarter section on which St. Joseph stood, and on which the location of the county seat was made, was not sustained by the court.
In the fall of 1844 a majority of all the voters in the county petitioned the Legislature on the subject, and that body passed an act in March 1845, under which succeeding elections were held for the removal of the county seat. That act is as follows :
AN ACT
To authorize the people of Buchanan County to remove their Seat of Justice.
Be it enacted by the General Assembly of the State of Missouri, as follows :
SECTION 1. That Henry B. Mays, of the County of Platte, William Hurton, of the County of Clinton, and Joseph B. Nichol, of the County of Andrew, be and they are hereby appointed commissioners to select, at or near the town of St. Joseph, in the county of Buchanan, a site for the permanent seat of justice for Buchanan County; should vacancies occur among said commissioners, the County Court of Buchanan County shall fill the same by appointing some competent disinterested person or persons, non-residents of Buchanan County. It shall be the duty of each commissioner, before entering upon his duties, to take an oath or make affidavit before some judge or justice of the peace of Buchanan County. that he will faithfully discharge the duties of such commissioner.
SEC. 2. It shall be the duty of the commissioners to assemble in the town of Saint Joseph on the first Monday of April next ; or if they should fail to assemble on that day, then as soon thereafter as practica- ble, and they may hold an adjourned meeting.
SEC. 3. Any two of said commissioners shall be competent to do business.
SEC. 4. Said commissioners shall receive such donation in land, money, or subscriptions as shall be tendered to them, and when a suit- able site for public buildings shall have been tendered them, and they shall have obtained all the money and subscriptions practicable, without unreasonable delay they shall report, the title papers together with the. subscription papers, to the Judge of the Circuit Court of Buchanan County, whether said Circuit Court be in session or not, and such Judge shall examine the same, and if he approve the validity thereof, he shall certify his decision thereon to the County Court of Buchanan County. But if he disapprove their validity he shall return the same to the com- missioners with his reasons for their invalidity, whose duty it shall be to correct the error, or to proceed anew as at first, and to make another report to the Judge, whose duty it shall be to examine and certify as before, and so proceed till the title shall be approved.
SEC. 5. When the Judge shall certify his approval of the title papers to the County Court, it shall be the duty of the County Court without delay, to fix on some day not more than sixty nor less than forty days
192
HISTORY OF BUCHANAN COUNTY.
distant, for an election by the people between the present site and the site proposed by the commissioners for the seat of justice.
SEC. 6. The sheriff of Buchanan County shall cause notice to be set up in three of the most public places in each township in the county at least thirty days before the day appointed for the election, describing the site selected, the quantity of land donated, and the amount of money subscribed, and notifying the inhabitants of the time, place and import of the election, and make return thereof to the County Court, at least ten days before said election, for which said County Court shall pay to said sheriff, out of the county treasury, such compensation, as they shall deem right and reasonable, and if the sheriff fail to perform the duty enjoined by this section, he shall be fined fifty dollars, to be recovered by indictment.
SEC. 7. If the election be contested, the same shall be tried by the County Court and determined without unnecessary delay, and if adjudged illegal, the County Court shall cause a second election to be held in like manner as the first election, giving like notice, and if necessary, a third and fourth election till one shall be adjudged legal.
SEC. 8. All free white males, taxable inhabitants, over the age of twenty-one years, resident of the county at the time of the election, shall be elligible to vote, and the election shall be held at the same places and in a manner similar to elections for civil officers.
SEC. 9. If a majority of all the legal votes of the county, as in the next preceding section specified, be given for Sparta, the title and sub- ·scription papers shall be of no effect, the former shall be returned to the persons executing the same, and the latter destroyed, and no further pro- ceedings shall be had under this act. Should there not be a majority for either place, the County Court shall cause a second and third election, if necessary to be held, until there shall be a majority for one place or the other ; but should there be a majority for the proposed site, the same shall be the permanent seat of justice for Buchanan County, and the title to the real estate donated and the subscriptions and money shall vest in said county, and such proceedings not inconsistent with the provisions of this act, shall be had both in reference to Sparta and the holders of lots therein, and in reference to the new seat of justice, as in the case of the removal of the seat of justice as required by "An act provided for the removal of seats of justice," approved February 6th, 1835, provided that should lots be relinquished to the county in Sparta, as in said last men- tioned act specified, the county shall refund the money originally paid, with ten per cent. interest, in case it should not have lots to sell at the new seat of justice.
SEC. 10. If the Commissioners cannot procure lands to the amount of fifty acres, on which to locate the seat of justice, they are hereby authorized to locate on any less quantity.
SEC. 11. The County Court shall allow to the Commissioners reason- able compensation for their services out of the county treasury.
This act to take effect from and after its passage.
C. F. JACKSON, Speaker of the House of Representatives. JAMES YOUNG, President of the Senate. JOHN C. EDWARDS.
AApproved March 24, 1845.
193
HISTORY OF BUCHANAN COUNTY.
OFFICE OF SECRETARY OF STATE, CITY OF JEFFERSON.
I. James L. Minor, Secretary of State, of the State of Missouri, do hereby certify that the foregoing is truly copied from the original bill, on file in this office, of " An Act to authorize the people of Buchanan County to remove their seat of justice," approved March 24, 1845.
Witness my hand and the seal of said office, this 25th day of March, A. D., 1845.
JAMES L. MINOR, Secretary of State.
The commissioners, Henry B. Mayo, William B. Huston and Joseph B. Nichol, appointed by the Legislature under the above act, met in St. Joseph, on the 24th of May, 1845, for the transaction of business. They selected block 48 as the site for the county buildings. This block was donated to the county by Joseph Robidoux, for that purpose. Mr Robi- doux also donated ten lots; F. W. Smith, one block ; John Patee, three acres of land ; Elias F. Wells. two lots ; Samuel C. Hall, twenty acres of land. Besides this the citizens of St. Joseph subscribed about $1,000 in money. The commissioners made their report to the Circuit Judge, and the County Court ordered the election to take place on the 24th of December, 1845, in order that the people of the county might vote upon the question as to the removal of the county seat.
The act of the Legislature which we have given in full above, pro- vided that the owners of lots in Sparta should be refunded their purchase money, with ten per cent. interest, if there were no lots for sale at the new seat of justice, if, however, there were lots for sale at the new seat of justice, then a credit for the amount of the purchase money in buying these lots should be given. By the operation of law, in case of the removal of the county seat, the county's liability to the lot holders in Sparta would be $2,185.00. All the lots that had been sold in Sparta up to that date amounted to $6,054.00. A number of lots had been for- feited by the purchasers, these of course were not to be paid for by the county. The forfeited lots had been sold for $1,461.00, which amount being subtracted from the entire sale, left $4,593.00. On these lots, before forfeiture, the purchasers paid $965.00 which was a clear gain to the county ; this amount being also deducted from the whole amount, left $3,628.00. There remained at that time an unpaid amount on lots sold of $1,443.00, which was also to be deducted, leaving as a demand against the county $2,185.00.
The land which had been donated, it was thought, would pay two or three times the amount of the claim against the county.
In case of the removal of the seat of justice, the lot owners in Sparta would be entitled to buy to the amount of the purchase money paid, and the remainder of the property would belong to the county, and sold for the erection of the public buildings.
194
IIISTORY OF BUCHANAN COUNTY.
The election was held on the 24th of December, as advertised by order of the County Court, and in casting up the result it was ascertained that 541 votes had been polled for Sparta, and 1,037 for St. Joseph.
The people however, were destined to meet with another disappoint- ment. After the returns were made to the County Court, that body decided that a decision of the question had not been made, the court holding that it required a majority of all the free white male inhabitants taxable, over the age of twenty-one years, to determine the question and that they did not think there was such a majority for St. Joseph. The County Court accordingly ordered another election, to take place on the 28th of February, 1846. In the meantime, the people who were favorable to Sparta, and those favorable to St. Joseph as the county seat worked like heroes for their respective towns. An address was published by the citizens of St. Joseph to the people of Buchanan County, setting forth the advantages to be derived from having the county seat at St. Joseph. This was answered by an address from the citizens of Sparta, claiming superior advantages from having the county seat to remain. where it had already been located.
On the 28th of February, 1846, the final election was held, and the St. Joseph Gazette in speaking of that matter says :
"We are happy to be able this week to record the fact, that the county seat question has been settled. Notwithstanding the inclemency of the weather, the claims of St. Joseph were triumphantly vindicated on Saturday last, by the PEOPLE of the county. The vote stood 1164 for St. Joseph and 455 for Sparta, which shows an increase for the former and a decrease for the latter since the last election. The County Court, who had cognizance of the returns, on Tuesday decided that the vote for St. Joseph was sufficient ; which fiat fixed the seat of justice amongst us .. and determined things to be arranged as the people have always wished.
After having attained the end for which we have so long been striv- ing : after having triumphed upon the purest principles, with every pos- sible difficulty in the way ; after having accomplished all by exertions which the best motives prompted, we are in the midst of exultation, of joy and of pride ; willing to forgive and forget all the harsh conduct with which we have met. We are willing to regard this matter as past ; we are willing to admit that our opposers were honest in their views, though in some cases, it is extremely difficult to do so, and we hope they will admit the same as to us.
This removal will give fresh impetus to our already flourishing town; it will concentrate the business of the county ; increase the demand, and enlarge the market, for produce ; furnish employment for the mechanic, and render the transaction of every kind of business con- venient. We congratulate the friends of St. Joseph upon our success ; we congratulate the people of the county upon the attainment of their
195
HISTORY OF BUCHANAN COUNTY.
object, and we hope to see the public buildings erected without unneces- sary delay ; to see the county business transacted at the county seat, and to see no more impediments thrown in the way of the acknowledged. wish of the people of Buchanan County."
Below we give the official vote of the county on the removal of the. county seat :
Centre
24
Bloomington
71
143
Platte
56
19
Crawford.
71
1
Tremont
28
53
Washington
9
733
Rush
3
76
Jackson
59
2
Atchison
Marion
86
Į
27
Wayne
455
1,164
Majority for St. Joseph
709
Thus ended a struggle which had lasted for nearly three years-a struggle the results of which were fraught with great interest to the town of St. Joseph.
It will be seen by the following account, that the item alone of cal- culating the interest to the lot owners in the town of Sparta, after the removal of the county-seat, cost considerable. The account is presented by Commissioner Hinkston :
Buchanan County-Dr. To Harlow Hinkston, Com., September 3, 1846.
To calculating interest to lot holders in Sparta .. $12.00
To acknowledging 24 deeds in Sparta, 25 cents each 6.00
To acknowledging 3 deeds at Clerk's office 1.50
To attending sale one day 2.00
To stationery 25
$21.75
Commissioner Hinkston presented also an account of the sale of lots in St. Joseph, after the removal of the county-seat, as follows :
To the Honorable body, the County Court of Buchanan County, Missouri :
The undersigned, Commissioner of the seat of justice of Buchanan County, makes the following report relative to the sales of lots in the
Sparta. 157
St. Joseph.
196
HISTORY OF BUCHANAN COUNTY.
town of St. Joseph, the county-seat of the county aforesaid, to wit: on the 18th of May, 1846:
To amount of sale-total $1,370.50 One-fourth of amount due in six months from day of sale 342.621 One-half of the balance due in twelve months, being. 513.934 The remaining half due in eighteen months, being. 513.93年
Of which I have taken bonds for their respective payments. HARLOW HINKSTON, Commissioner.
CHAPTER XI.
MEXICAN WAR-OREGON EXPEDITION.
THE INTEREST TAKEN BY BUCHANAN COUNTY IN THE MEXICAN WAR-COMPANIES ORGANIZED-GENERAL JAMES W DENVER-CAPTAIN JESSE B. MORAN-DONI- PHAN'S EXPEDITION-OREGON BATTALION-OFFICERS -SERVICE AND RETURN.
Having reached a period in the history of Buchanan County,-1846, the date of the breaking out of the Mexican war, we cannot refrain from making a brief reference to the part the county took in that event- ful and memorable struggle.
The county being then almost upon the very borders of civiliza- tion, the news concerning events happening at a remote distance from it, was carried by stage routes, post-riders, and steamboats, and of course the people of the county did not hear of the war with Mexico until after the occurrence of two or three sanguinary battles, between that nation and the United States, and even after hearing of the declara- tion of war, upon the part of Mexico, they were not inclined to give it full credence, as will be seen by the following from the St. Joseph Gazette of May, 1846 :
"WAR WITH MEXICO.
"We learn from a gentleman from Independence, that news was received in that place of a declaration of war, against the United States by Mexico. The news appears a little improbable, but from the conduct of Mexico lately, we would not be surprised if such were the case."
On the 22d of May following, the vague rumors of war had been confirmed, and the same paper in its issue of that date, said :
"In our paper, this week, will be found all the war news that we have received, which we publish to the exclusion of other matter, deem- ing that at this particular crisis, nothing so much interests our readers as the situation of our army on the Rio Grande, and the feeling with which the announcement of actual hostilities has been received in vari- ous parts of the Union. We are now looking with painful anxiety for later intelligence from the seat of war ; we say painful, for notwithstand- ing the great confidence we have in the bravery and patriotism of our army, both officer and soldier, the fact cannot be disguised by the most earnest desire for the contrary, that Point Isabel, and General Taylor's
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