The history of Buchanan County, Missouri, Part 4

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

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Edward Hempstead was elected, being the first Territorial Delegate to Congress from Missouri. He served one term, declining a second, and was instrumental in having Congress to pass the act of June 13, 1812, which he introduced, confirming the title to lands which were claimed

HISTORY OF MISSOURI.

by the people by virtue of Spanish grants. The same act confirmed to the people "for the support of schools," the title to village lots, out-lots or common field-lots, which were held and enjoyed by them at the time of the cession of 1803.

Under the act of June 4, 1812, the first General Assembly held its session in the house of Joseph Robidoux, on the 7th of December, 1812. The names of the members of the House were :

St. Charles .- John Pitman and Robert Spencer.

St. Louis .- David Music, Bernard G. Farrar, William C. Carr and Richard Clark.

Ste. Genevieve .- George Bullet, Richard S. Thomas and Isaac McGready.

Cape Girardeau .- George F. Bollinger and Spencer Byrd.

New Madrid .- John Shrader and Samuel Phillips.

John B. C. Lucas, one of the Territorial Judges, administered the oath of office. William C. Carr was elected Speaker and Andrew Scott, Clerk.

The House of Representatives proceeded to nominate eighteen per- sons from whom the President of the United States, with the Senate, was to select nine for the Council. From this number the President chose the following :

St. Charles .- James Flaugherty and Benjamin Emmons.

St. Louis .- August Choteau, Sr. and Samuel Hammond.

Ste. Genevieve .- John Scott and James Maxwell.

Cape Girardeau .- William Neely and Joseph Cavenor.

New Madrid .- Joseph Hunter.

The Legislative Council, thus chosen by the President and Senate, was announced by Frederick Bates, Secretary and Acting-Governor of the Territory, by proclamation, June 3, 1813, and fixing the first Monday in July following as the time for the meeting of the Legislature.

In the meantime the duties of the executive office were assumed by William Clark. The Legislature accordingly met as required by the Acting-Governor's proclamation, in July, but its proceedings were never officially published. Consequently but little is known in reference to the workings of the first Territorial Legislature of Missouri.

From the imperfect account, published in the Missouri Gazette, of that day, a paper which had been in existence since 1808, it is found that laws were passed regulating and establishing weights and measures ; creating the office of sheriff ; providing the manner for taking the census ; permanently fixing the seats of justice, and an act to compensate its own members. At this session laws were also passed defining crimes and penalties ; laws in reference to forcible entry and detainer ; estab- lishing Courts of Common Pleas ; incorporating the Bank of St. Louis and organizing a part of Ste. Genevieve County into the county of Washington.

HISTORY OF MISSOURI.

The next session of the Legislature convened in St. Louis, Decem- ber 6, 1813. George Bullet, of Ste. Genevieve county, was Speaker elect, Andrew Scott, clerk, and William Sullivan, doorkeeper. Since the adjournment of the former Legislature several vacancies had occurred, and new members had been elected to fill their places. Among these was Israel McGready, from the county of Washington.

The president of the legislative council was Samuel Hammond. No journal of the council was officially published, but the proceedings of the House are found in the Gazette.

At this session of the Legislature many wise and useful laws were passed, having reference to the temporal as well as the moral and spirit- ual welfare of the people. Laws were enacted for the suppression of vice and immorality on the Sabbath day ; for the improvement of pub- lic roads and highways; creating the offices of auditor, treasurer and county surveyor ; regulating the fiscal affairs of the Territory and fixing the boundary lines of New Madrid, Cape Girardeau, Washington and St. Charles Counties. The Legislature adjourned on the 19th of January, 1814, sine die.

The population of the territory as shown by the United States census in 1810, was 20,845. The census taken by the Legislature in 1814 gave the territory a population of 25,000. This enumeration shows the county of St. Louis contained the greatest number of inhabitants, and the new county of Arkansas the least-the latter having 827, and the former 3,149.

The candidates for delegate to Congress were Rufus Easton, Samuel Hammond, Alexander McNair and Thomas F. Riddick. Rufus Easton and Samuel Hammond had been candidates at the preceding election. In all the counties, excepting Arkansas, the votes aggregated 2,599, of which number Mr. Easton received 965, Mr. Hammond 746, Mr. NcNair 853, and Mr. Riddick (who had withdrawn previously to the election) 35. Mr. Easton was elected.

The census of 1814, showing a large increase in the population of the territory, an apportionment was made increasing the number of repre- sentatives in the territorial Legislature to twenty-two. The General Assembly began its session in St. Louis, December 5, 1814. There were present on the first day twenty Representatives. James Caldwell of Ste. Genevieve county was elected speaker, and Andrew Scott, who had been clerk of the preceding assembly, was chosen clerk. The president of the council was William Neely, of Cape Girardeau County.

It appears that James Maxwell, the absent member of the council, and Seth Emmons, member elect of the House of Representatives, were dead. The county of Lawrence was organized at this session, from the western part of New Madrid County, and the corporate powers of St. Louis were enlarged. In 1815 the territorial Legislature again began its

HISTORY OF MISSOURI.

session. Only a partial report of its proceedings are given in the Gazette. The county of Howard was then organized from St. Louis and St. Charles Counties, and included all that part of the state lying north of the Osage and south of the dividing ridge between the Mississippi and Missouri Rivers.

The next session of the territorial Legislature commenced its ses- sion in December, 1816. During the sitting of this Legislature many important acts were passed. It was then that the "Bank of Missouri" was chartered and went into operation. In the fall of 1817 the " Bank of St. Louis" and the "Bank of Missouri" were issuing bills. An act was passed chartering lottery companies, chartering the academy at Potosi, and incorporating a board of trustees for superintending the schools in the town of St. Louis. Laws were also passed to encourage the "killing of wolves, panthers and wild-cats."

The territorial Legislature met again in December, 1818, and among other things, organized the counties of Pike, Cooper, Jefferson, Franklin, Wayne, Lincoln, Madison, Montgomery, and three counties in the southern part of Arkansas. It 1819 the Territory of Arkansas was . formed into a separate government of its own.

The people of the Territory of Missouri had been, for some time, anxious that their territory should assume the duties and responsibilities of a sovereign state. Since 1812, the date of the organization of the territory, the population had rapidly increased, many counties had been established, its commerce had grown into importance, its agricultural and mineral resources were being developed, and believing that its admission into the Union as a state would give fresh impetus to all these interests and hasten its settlement, the territorial Legislature of 1818-19 accordingly made application to Congress for the passage of an act authorizing the people of Missouri to organize a state government.

CHAPTER VI.

APPLICATION OF MISSOURI TO BE ADMITTED INTO THE UNION-AGITATION OF THE SLAVERY QUESTION-" MISSOURI COMPROMISE"-CONSTITUTIONAL CONVENTION OF 1820-CONSTITUTION PRESENTED TO CONGRESS-FURTHER RESISTANCE TO ADMISSION-MR. CLAY AND HIS COMMITTEE MAKE REPORT-SECOND COMPROMISE -MISSOURI ADMITTED.

With the application of the territorial Legislature of Missouri for her admission into the Union commenced the real agitation of the slavery question in the United States.

HISTORY OF MISSOURI.

Not only was our National Legislature the theatre of angry discus- sions, but everywhere throughout the length and breadth of the Repub- lic the "Missouri Question " was the all-absorbing theme. The political skies threatened,

" In forked flashes, a commanding tempest,"

Which was liable to burst upon the nation at any moment. Through such a crisis our country seemed destined to pass. The question as to the admission of Missouri was to be the beginning of this crisis, which distracted the public counsels of the nation for more than forty years afterward.

Missouri asked to be admitted into the great family of states. "Lower Louisiana," her twin sister territory, had knocked at the door of the Union eight years previously, and was admitted, as stipulated by- Napoleon, to all the rights, privileges and immunities of a state, and in accordance with the stipulations of the same treaty, Missouri now sought to be clothed with the same rights, privileges and immunities.

As what is known in the history of the United States as the " Mis- souri Compromise," of 1820, takes rank among the most prominent measures that had up to that day engaged the attention of our National Legislature, we shall enter somewhat into its details, being connected as they are with the annals of the state.

February 15th, 1819 .- After the House had resolved itself into a committee of the whole on the bill to authorize .the admission of Mis- souri into the Union, and after the question of her admission had been discussed for some time, Mr. Tallmadge, of New York, moved to amend the bill by adding to it the following proviso :

"And Provided, That the further introduction of slavery or involun- tary servitude be prohibited, except for the punishment of crime, whereof the party shall have been duly convicted, and that all children born within the said state, after the admission thereof into the Union, shall be free at the age of twenty-five years."

As might have been expected, this proviso precipitated the angry discussion which lasted for nearly three years, finally culminating in the Missouri Compromise. All phases of the slavery question were presented. not only in its moral and social aspects, but as a great constitutional question, affecting Missouri and the admission of future states. The pro- viso, when submitted to a vote, was adopted-79 to 67, and so reported to the House.

Hon John Scott, who was at that time a delegate from the Territory of Missouri, was not permitted to vote, but as such delegate, he had the privilege of participating in the debates which followed. On the 16th day of February the proviso was taken up and discussed. After several speeches had been made, among them one by Mr. Scott and one by the

HISTORY OF MISSOURI.

author of the proviso, Mr. Tallmadge, the amendment or proviso was divided into two parts, and voted upon. The first part of it, which included all to the word "convicted," was adopted-87 to 76. The remaining part was then voted upon, and also adopted, by 82 to 78. By a vote of 97 to 56 the bill was ordered to be engrossed for a third reading.

The Senate Committee, to whom the bill was referred, reported the same to the Senate on the 10th of February, when that body voted first upon a motion to strike out of the proviso all after the word "convicted," which was carried by a vote of 32 to 7. It then voted to strike out the first entire clause, which prevailed-22 to 16, thereby defeating the proviso.

The House declined to concur in the action of the Senate, and the bill was again returned to that body, which in turn refused to recede from its position. The bill was lost, and Congress adjourned. This was most unfortunate for the country. The people having been wrought up to fever heat over the agitation of the question in the national councils, now became intensely excited. The press added fuel to the flame, and the progress of events seemed rapidly tending to the downfall of our nationality.

A long interval of nine months was to ensue before the meeting of Congress. That body indicated by its vote upon the "Missouri ques- tion" that the two great sections of the country were politically divided upon the subject of slavery. The restrictive clause, which it was sought to impose upon Missouri as a condition of her admission, would in all probability be one of the conditions of the admission of the Territory of Arkansas. The public mind was in a state of great doubt and uncer- tainty up to the meeting of Congress, which took place on the 6th of December, 1819. The memorial of the Legislative Council and House of Representatives of the Missouri Territory, praying for admission into the Union, was presented to the Senate by Mr. Smith, of South Carolina. It was referred to the Judiciary Committee.

Some three weeks having passed without any action thereon by the Senate, the bill was taken up and discussed by the House until the 19th of February, when the bill from the Senate for the admission of Maine was considered. The bill for the admission of Maine included the " Mis- souri question " by an amendment, which reads as follows :

"And be it further enacted, That in all territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes, north latitude, (excepting such part thereof as is) included within the limits of the state, contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the party shall have been convicted, shall be and is hereby forever prohibited : Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed,

HISTORY OF MISSOURI.

in any state or territory of the United States, such fugitive may be law- fully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid."

The Senate adopted this amendment, which formed the basis of the "Missouri Compromise," modified afterward by striking out the words, "excepting only such part thereof."

The bill passed the Senate by a vote of 24 to 20. On the 2d day of March the House took up the bill and amendments for consideration, and by a vote of 134 to 42 concurred in the Senate amendment, and the bill, being passed by the two Houses, constituted section 8, of " An Act to authorize the people of the Missouri Territory to form a Constitution and State Government, and for the admission of such state into the Union on an equal footing with the original states, and to prohibit slavery in certain territory."

This act was approved March 6, 1820. Missouri then contained fif- teen organized counties. By act of Congress the people of said state were authorized to hold an election on the first Monday, and two suc- ceeding days thereafter in May, 1820, to select representatives to a state convention. This convention met in St. Louis on the 12th of June, fol- lowing the election in May, and concluded its labors on the 19th of July, 1820. David Barton was its president, and Wm. G. Pettis, secretary. There were forty-one members of this convention, men of ability and statesmanship, as the admirable constitution which they framed amply testifies. Their names and the counties represented by them are as follows :

Cape Girardeau .- Stephen Byrd, James Evans, Richard S. Thomas, Alexander Buckner and Joseph McFerron.

Cooper .- Robert P. Clark, Robert Wallace, Wm. Lillard.

Franklin .- John G. Heath.

Howard .- Nicholas S. Burkhart, Duff Green, John Ray, Jonathan S. Findley, Benj. H. Reeves.

Jefferson .- Daniel Hammond.

Lincoln .- Malcolm Henry.

Montgomery .- Jonathan Ramsey, James Talbott.

Madison .- Nathaniel Cook.

New Madrid .- Robert S. Dawson, Christopher G. Houts. Pike .- Stephen Cleaver.

St. Charles .- Benjamin Emmons, Nathan Boone, Hiram H. Baber. Ste. Genevieve .-- John D. Cook, Henry Dodge, John Scott, R. T. Brown.

St. Louis .- David Barton, Edward Bates, Alexander McNair, Wm. Rector, John C. Sullivan, Pierre Choteau, Jr., Bernard Pratte, Thomas F. Riddick.

Washington-John Rice Jones, Samuel Perry, John Hutchings. . Wayne .- Elijah Bettis.

HISTORY OF MISSOURI.

On the 13th of November, 1820, Congress met again, and on the 6th of the same month Mr. Scott, the delegate from Missouri, presented to the House the constitution as framed by the convention. The same was referred to a select committee, who made thereon a favorable report.

The admission of the state, however, was resisted, because it was claimed that its constitution sanctioned slavery, and authorized the Legislature to pass laws preventing free negroes and mulattoes from settling in the state. The report of the committee to whom was referred the Constitution of Missouri was accompanied by a preamble and reso- lutions, offered by Mr. Lowndes, of South Carolina. The preamble and resolutions were stricken out.

The application of the state for admission shared the same fate in the Senate. The question was referred to a select committee, who, on the 29th of November, reported in favor of admitting the state. The debate which followed continued for two weeks, and finally Mr. Eaton, of Tennessee, offered an amendment to the resolution, as follows :

" Provided, That nothing herein contained shall be so construed as to give the assent of Congress to any provision in the Constitution of Missouri, if any such there be, which contravenes that clause in the Constitution of the United States which declares that the citizens of each state shall be entitled to all the privileges and immunities of citi- zens in the several states."

The resolution, as amended, was adopted. The resolution and pro- viso were again taken up and discussed at great length, when the com- mittee agreed to report the resolution to the House.

The question on agreeing to the amendment, as reported from the committee of the whole, was lost in the House. A similar resolution afterward passed the Senate, but was again rejected in the House. Then it was that the great statesman and pure patriot, Henry Clay, of Ken- tucky, feeling that the hour had come when angry discussion should cease :

"With grave Aspect he rose, and in his rising seem'd A pillar of state ; deep on his front engraven Deliberation sat and public care ; And princely counsel in his face yet shone Majestic"

proposed that the question of Missouri's admission be referred to a com- mittee consisting of twenty-three persons, (a number equal to the number of states then composing the Union,) to be appointed to act in conjunction with a committee of the Senate to consider and report whether Missouri should be admitted, etc.

The motion prevailed, the committee was appointed and Mr. Clay made its chairman. The Senate selected seven of its members to act

HISTORY OF MISSOURI.

with the committee of twenty-three, and the 26th of February the fol- lowing report was made by that committee:

"Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled : That Missouri shall be admitted into the Union, on an equal footing with the original states, in all respects whatever, upon the fundamental condition that the fourth clause, of the twenty-sixth section of the third article of the Constitu- tion submitted on the part of said state to Congress, shall never be con- strued to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the states in this Union shall be excluded from the enjoyment of any of the privi- leges and immunities to which such citizen is entitled, under the Con- stitution of the United States : Provided, That the Legislature of said state, by a solemn public act, shall declare the assent of the said state to the said fundamental condition, and shall transmit to the President of the United States, on or before the fourth Monday in November next, an authentic copy of the said act ; upon the receipt whereof, the Presi- dent, by proclamation, shall announce the fact ; whereupon, and without any further proceeding on the part of Congress, the admission of the said state into the Union shall be considered complete."

This resolution, after a brief debate, was adopted in the House, and passed the Senate on the 28th of February, 1821.

At a special session of the Legislature held in St. Charles, in June following, a solemn public act was adopted, giving its assent to the con- ditions of admission, as expressed in the resolution of Mr. Clay. August IOth, .1821, President Monroe announced by proclamation the admission of Missouri into the Union to be complete.

CHAPTER VII.

MISSOURI AS A STATE.

FIRST ELECTION FOR GOVERNOR AND OTHER STATE OFFICERS-SENATORS AND REP. RESENTATIVES TO GENERAL ASSEMBLY-SHERIFFS AND CORONERS -UNITED STATES SENATORS-REPRESENTATIVES IN CONGRESS-SUPREME COURT JUDGES- COUNTIES ORGANIZED-CAPITAL MOVED TO ST. CHARLES-OFFICIAL RECORD OF TERRITORIAL AND STATE OFFICERS.

By the Constitution adopted by the Convention on the 19th of July, 1820, the General Assembly was required to meet in St. Louis on the third Monday in September of that year, and an election was ordered to

HISTORY OF MISSOURI.

be held on the 28th of August for the election of a Governor and other state officers, Senators and Representatives to the General Assembly, Sheriffs and Coroners, United States Senators and Representatives in Congress.

It will be seen that Missouri had not as yet been admitted as a State, but in anticipation of that event and according to the provisions of the constitution the election was held, and the General Assemby con- vened.

William Clark (who had been Governor of the territory) and Alex- ander McNair were candidates for Governor. McNair received 6,576 votes, Clark 2,556, total vote of the state 9,132. There were three can- didates for Lieutenant Governor, to wit : William H. Ashley, Nathaniel Cook and Henry Elliot. Ashley received 3,907 votes, Cook 3,212, Elliot 931. A Representative was to be elected for the residue of the Six- teenth Congress and one for the Seventeenth. John Scott, who was at the time territorial delegate, was elected to both Congresses without opposition.

The General Assembly elected in August met on the 19th Septem- ber, 1820, and organized by electing James Caldwell, of Ste. Genevieve, Speaker, and John McArthur, Clerk; William H. Ashley, Lieutenant Governor, President of the Senate ; Silas Bent, President pro tem.

Matthias McKirk, John D. Cook and John R. Jones were appointed Supreme Judges, each to hold office until sixty-five years of age.

Joshua Barton was appointed Secretary of State ; Peter Didier, State Treasurer ; Edward Bates, Attorney General, and William Christie, Auditor of Public Accounts.

David Barton and Thomas H. Benton were elected by the General Assembly to the United States Senate.

At this session of the Legislature the counties of Boone, Callaway, Chariton, Cole, Gasconade, Lillard, Percy, Ralls, Ray and Saline were organized.

We should like to give in detail the meetings and proceedings of the different Legislatures which followed, the elections for Governors and other state officers, the elections for Congressmen and United States Senators, but for want of space we can only present in a condensed form the official record of the territorial and state officers.

OFFICIAL RECORD-TERRITORIAL OFFICERS.

Governors. - Frederick Bates, Secretary and Acting-Governor, 1812-13 ; William Clark, 1813-20.

OFFICERS OF STATE GOVERNMENT.

Governors .- Alexander McNair, 1820-24; Frederick Bates, 1824-25 ; Abraham J. Williams vice Bates, 1825 ; John Miller vice Bates, 1826-28 ;

HISTORY OF MISSOURI.

John Miller, 1828-32 ; Daniel Dunklin, 1832-36, resigned, appointed Sur- veyor General United States ; Lilburn W. Boggs vice Dunklin, 1836; Lilburn W. Boggs, 1836-40; Thomas Reynolds, 1840, died 1844; M. M. Marmaduke vice Reynolds-John C. Edwards, 1844-48 ; Austin A. King, 1848-52; Sterling Price, 1852-56; Trusten Polk, 1856-57, resigned ; Hancock Jackson vice Polk, 1857; Robert M. Stewart vice Polk, 1857-60 ; C. F. Jackson, 1860, office vacated by ordinance ; Hamilton R. Gamble vice Jackson, Governor Gamble died 1864; Williard P. Hall, 1864, vice Gamble; Thomas C. Fletcher, 1864-68; Joseph W. McClurg, 1868-70; B. Gratz Brown, 1870-72 ; Silas Woodson, 1872-74; Charles H. Hardin, 1874-76; John S. Phelps, 1876-80; Thomas T. Crittenden, 1880, and is now Governor.

Lieutenant-Governors .- William H. Ashley, 1820-24 ; Benjamin A. Reeves, 1824-28 ; Daniel Dunklin, 1828-32 ; Lilburn W. Boggs, 1832-36; Franklin Cannon, 1836-40; M. M. Marmaduke, 1840-44 ; James Young, 1844-48-60; Thomas C. Reynolds, 1860-61 ; Williard P. Hall, 1861-64; George Smith, 1864-68 ; Edward O. Stanard, 1868-70 ; Joseph J. Gravely, 1870-72 ; Charles P. Johnson, 1872-74; Norman J. Colman, 1874-76; Henry C. Brockmeyer, 1876-80; Robert Campbell, 1880, and is the pres- ent incumbent.

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The history of Buchanan County, Missouri, Part 4

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

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