USA > Missouri > Johnson County > The history of Johnson County, Missouri : including a reliable history of the townships, cities, and towns, together with a map of the county; a condensed history of Missouri; the state constitution; an abstract of the most important laws etc > Part 27
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While all government is professedly for the good of the people, it is, nevertheless, a fact that nearly all the governments ever established have been in the interest of an individual or a class. Our fathers, in establish- ing this government, admitted the superior rights of no man or class. It was carefully arranged to exclude all titles of nobility, and, with a single exception, placed all men on the same level. This one exception was swept away in the tempest of civil war.
The democratc and whig parties were the principal political forces from the organization of the county till 1855, when the know-nothing or Amer- ican party was organized. At the introduction of the know-nothing party it unsettled both of the old parties, but received most of its accessions from the whig party. The know-nothing party increased rapidly, till in 1856 Thomas P. Akers, of Lexington, was elected, on that ticket, to congress, from this district. Love S. Cornwall was also a whig, and elected, over W. H. Anderson, a democrat, to the state legislature. G. W. Houts, on the same ticket, was elected sheriff, over S. P. Williams, a democrat, and the whole county ticket, in opposition to the democrats, was elected. Hon. T. P. Akers was a very eloquent speaker, and, though too young to enter the house of representatives when elected, he became twenty-five, and was granted a seat when congress met. He entered the practice of law after returning from congress, and during the civil war was secretary of the gold board in Wall street. He was the inventor of the safety valve for steam engines, and died at the close of the Tilden and Hayes cam- paign-supposed to have over exercised his vocal organs in the state cam- paign of Indiana.
.
220
HISTORY OF JOHNSON COUNTY.
From 1856 to 1860, the time of the organization of the constitutional union party, so-called, that nominated Bell and Everett for president and vice-president, the opposition to the democratic party in Johnson county, was substantially without a distinctive organization or name, but was com- posed of the remnants of the old whig and know-nothing parties. In the election of 1860, there being two national democratic tickets in the field, the Douglass and Breckenridge wings, the democratic vote was conse- quently divided and Bell and Everett carried the county. In the election of 1860 the republican candidate, Abraham Lincoln, received two votes in Johnson county. When the war commenced in 1861, all former party lines were obliterated; many men who had been staunch democrats and ultra pro-slavery, became open and avowed union men, while others who had been born, reared and educated north, and had been looked upon suspiciously, as perhaps not " sound on the goose," immediately espoused the cause of the young confederacy, and became the most outspoken advocates of the south.
The first election held after the election of Lincoln, was for the purpose of choosing delegates to a constitutional convention to declare the status of Missouri to the union, and determine whether or not Missouri should co-operate with the union or the south.
In Johnson county the union sentiment prevailed, electing Aikman Welch, of Johnson, and L. C. Marvin, of Henry county, both belonging to this senatorial district, as then constituted.
This election was held in February, 1861. On the evening of election day, at Warrensburg, an unfortunate difficulty arose between William H. McCown, a young attorney, and son of James McCown, circuit clerk, and Marsh Foster, the then county clerk, which resulted in the killing of the latter. As they were regarded prominent men in, or leaders of, the two contending parties, the unfortunate affair did much towards widening the breech and embittering the two factions against each other. It is but proper that we should remark in this connection, that the two parties as afterwards known-union and secessionist-had, at that time, no settled organization. Many men who were open and avowed unionists and went to the polls in February and voted for the union candidates for delegates to the constitutional convention, after the capture of camp Jackson in May, 1861, became most rampant advocates of the southern confederacy, while others who voted for delegates in favor of the south, at the same election, after having read Pres. Lincoln's inaugural address, espoused the union cause with equal zeal.
Former party affiliations and associations had nothing whatever to do in determining to which of the new parties a man would attach himself. Democrats, old line whigs, and know-nothings, went side by side into both
221
HISTORY OF JOHNSON COUNTY.
parties and both armies. Soon after the beginning of the war the repub- lican party of Johnson county was organized, and has since continued as one of its great political parties.
By the act of the constitutional convention of 1861 and 1862, those sympathizing with the rebellion were prohibited from exercising the elec- tive franchise. By this means the electors were all unionists, and that unionists were uniformly elected to fill the offices of the county, followed as a matter of course. It must not be understood, however, that there was then but one political party. The differences of opinion even among those unionists were quite as marked and distinctive as are usually found in two contending parties. The two parties that then existed were locally known as "radical " and "conservative," their chief difference being in their ideas as to the manner in which the war should be conducted. The radical element of the union party constituted those who voted the repub- lican ticket, while the conservative element constituted what might be termed war democrats, and voted the democratic or conservative ticket. The latter party was largely in the minority during, and for some time after the war, the republicans filling all the county offices.
The revised constitution of the state of Missouri, which went into oper- ation on and after July 4, 1865, contained the " Test Oath," or " Iron-Clad Oath," as it was popularly termed, by which many, though not having taken an active part against the union during the war, could not well establish their loyalty, hence were denied any rights at the polls.
Johnson, to a much greater extent than many other counties, suffered from the uncertainties which were incident upon the varying fortunes of civil war. At one time it would appear that more security could be guar- anteed by casting her lot with the south; at another, by supporting the union, and thus, the whole population were agitated to an extent unknown in states further north or south.
Under the operation of this test oath, ministers, lawyers and teachers . were restrained from exercising the functions of their professions in this county, except such as had taken and subscribed to a copy of the same, and filed it with the county clerk.
The taking of this oath was also a condition precedent to holding office, serving on juries, and exercising the elective franchise. Several lawyers in Warrensburg were precluded from the practice of their profession and a number of ministers in the county, who were unable to take the oath, were compelled for a time to abandon their calling.
The following exact copies of indictments will furnish examples of what frequently occurred in this county and throughout the state, showing the injustice to which so many of our fellow citizens were subjected during the operation of the aforesaid constitutional provisions. Rev. J. H. Houx,
.
222
HISTORY OF JOHNSON COUNTY.
who was arrested "for preaching the gospel," is one of Warrensburg's most respected citizens. He came to this county in the year 1837, and as he has grown up with the people, they have learned to trust him as an upright neighbor and a faithful member of the Cumberland Presbyterian church. He is well known in this and adjoining counties, as a minister of that denomination.
The bill is in the handwriting of Judge A. R. Conklin, and reads as follows:
STATE OF MISSOURI, SS .
COUNTY OF JOHNSON.
In the Johnson county circuit court, at the October term, A. D. 1866. Johnson county, to-wit:
The grand jurors for the state of Missouri for the body of the county of John- son aforesaid, upon their oath, present that James H. Houx, late of Warrens- burg, in the county of Johnson aforesaid, on the first day of September, in the year of our Lord eighteen hundred and sixty-six, was and from thence hitherto has been and now is a priest, preacher, clergyman and minister of the gospel, and as such priest, preacher, clergyman and minister of the gospel did, at the county aforesaid, on the first day of September, in the year of our Lord eighteen hundred and sixty-six, preach as a preacher, priest, clergyman and minister of the gospel, and particularly did act as a priest, minister, clergyman and minister of the gospel, by preaching a sermon from a text taken from the bible, to a congregation and assembly of persons met for religious worship, at a place in said county known as Geary church, without him, the said James H. Houx, having first taken, subscribed and filed an oath required by the constitution and laws of this state, which said oath is in the words and figures following, to-wit: "I, James H. Houx, do solemnly swear that I am well acquainted with the terms of the third section of the second article of the constitution of the state of Missouri, adopted in the year eighteen hundred and sixty five, and have carefully examined the same; that I have never directly or indirectly done any of the acts in said sec- tion specified; that I have always been truly and loyally on the side of the United States, against all enemies thereof, whether foreign or domestic; that I will bear true faith and allegiance to the United States and will support the constitution and laws thereof as the supreme law of the land, any laws or ordinances of any state to the contrary notwithstanding; that I will, to the best of my ability, pro- tect the union of the United States, and not allow the same to be broken up and dissolved, or the government thereof to be destroyed or overthrown, under any circumstances, if in my power to prevent it; that I will support the constitution of the state of Missouri, and that I take this oath without any mental reserva- tion or evasion, and hold it to be binding on me;" and which said oath the said' James H. Houx was requested to subscribe and take before preaching the gospel as a priest, preacher, clergyman and minister of the gospel within this state, which said neglect and refusal on the part of the said James H. Houx to take, subscribe and file said oath before preaching the gospel as a priest, preacher, clergyman and minister of the gospel was contrary to the forms of constitution of the state of Missouri, in such case made and provided, and against the peace and dignity of the state.
On the outside of the sheet containing the foregoing bill the following endorsements are found:
223
HISTORY OF JOHNSON COUNTY.
STATE OF MISSOURI, vs.
JAMES H. HOUX.
Preaching without taking the oath of loyalty.
A true bill.
JACOB KNAUS, foreman of the jury.
J. G. GRAHAM,
Witnesses . S. C. GRAHAM, J. C. WINGFIELD.
The following is a copy of the writ capias, issued October 31, 1866:
The state of Missouri to the sheriff of the county of Johnson, greeting:
You are hereby commanded to take James H. Houx, if he he found in your county, and him safely keep, so that you have his body before the judge of the Johnson circuit court, at the court house in the town of Warrensburg, in said county of Johnson, on the first day of next April term thereof, to be holden at the court house aforesaid, on the fifteenth day of April next, then and there to answer unto the state of Missouri, on indictment preferred against him for preach- ing, without taking the oath of loyalty; and that you have then and there this writ, and certify how you execute the same.
Witness M. U. Foster, clerk of said circuit court, with his official seal affixed at office in Warrensburg, this 31st day of October, A. D., 1866.
M. U. FOSTER, Clerk, BY R. P. JONES, Dep. Ck.
SEAL.]
On the back side of the above writ capias is the following endorsement:
I, T. W. Williams, sheriff of Johnson county, Missouri, do hereby certify that I executed the within writ of capias in Johnson county, on the 25th day of March, 1867, by arresting and taking into custody, the body of the within named James H. Houx, and said defendant having executed a recognizance with good and sufficient security for his appearance at the next term of the Jobnson cir- cuit court, I did, thereupon, discharge said defendant from custody, and I here- by return said writ as well as said recognizance so executed by said defendant.
T. W. WILLIAMS, Sheriff. BY J. GILLILAND, D. S.
The following is a copy of the recognizance or bond for his appearance at the next term of court:
STATE OF MISSOURI, {s.
COUNTY OF JOHNSON.
We, J. H. Houx, F. M. Cockrell and Edmond A. Nickerson acknowledge ourselves to owe and stand indebted to the state of Missouri, in sum of one hun- dred dollars, that is to say, the said J. H. Houx, in the sum of fifty dollars, and the said F. M. Cockrell and Edmond A. Nickerson, in the like sum of fifty dollars, to be levied of their respective goods and chattels, lands and tenements, to be ren- dered, but to be void on condition that the said J. H. Houx shall make his per- sonal appearance before the judge of Johnson court at the next term thereof, to be begun and held on the 15th day of April, A. D., 1867, then and there to answer to the state of Missouri, on an indictment found by the grand jury of said county of Johnson, and now in said court pending against the said J. H. Houx, for preaching without taking the oath of loyalty, and are not to depart from said court without leave.
224
HISTORY OF JOHNSON COUNTY.
Given under our hands and seals, this 25th day of March, A. D., 1867.
[SEAL. SEAL. J. H. HoUx. F. M. COCKRELL. SEAL. EDMOND A. NICKERSON.
Approved March 25, 1867. J. W. WILLIAMS, Sheriff.
BY C. M. LEET, D. S.
At the April term of court, 1867, the prosecuting attorney entered a nolle prosequi to the indictment, thus ending the prosecution.
Hon. T. T. Crittenden, the present governor of our noble common- wealth, was indicted by a grand jury for, "practising as an attorney and counselor at law," in Warrensburg, in September, 1865. He had; how- ever, previous to this, August 9, 1865, subscribed and sworn to the test oath at Lexington, but it would appear that the officers of the law, in their eagerness to indict men for neglecting to take the "iron-clad oath," found a bill against him also, before a certified copy of his oath was made out, which occurred November 23, 1865.
Other indictments were fonnd, and many other arrests were made, but these two suffice to give the student of history a correct idea of the condi- tion of affairs.
To enforce this test oath as applied to voters, a registration law was enacted, by which every person who intended to vote at an election was required to register his name and subscribe to the oath. The list so formed was subject to the revision of a board of registering officers, in whose discretion rested the right of the voter to exercise the elective fran- chise. It can be easily seen how this unlimited power could be abused, and in many instances men of unquestioned loyalty and integrity, possessing all the rights of citizenship were precluded from exercising the right to vote, in order to gratify the whim or caprice of some narrow minded par- tizan registrar.
After the liberal republican movement carried the state and county for the abolition of the test oath at the general election of November, 1870, by proclamation of the governor, all disfranchising, constitutional restric- tions were removed.
The first general election held in Johnson county, after the enfranchise- ment of those restrained by the test oath, was in November, 1872. The two parties then in the field were republican and democratic. The entire democratic ticket was elected by majorities ranging from 16 to 300. At each succeeding election, the democrats continued to fill all the county offices, to the present time, except at the general election of 1880, when by a coalition of the republican and greenback parties, they succeeded in electing the representative for the eastern district, the sheriff and two members of the county court, as will be seen by the official returns given herewith:
225
HISTORY OF JOHNSON COUNTY.
OFFICIAL VOTE OF JOHNSON COUNTY-NOVEMBER 2, 1880.
Warrensburg.
Hazel Hill.
Center View.
Grover.
Kingsville.
Columbus.
Jefferson .
Simpson.
Chilhowee.
Post Oak
Jackson.
Rose Hill.
Mt. Serrat.
Knob Noster.
Washington.
TOTALS.
President,
J. A. Garfield.
505
98 192 131
96
57 21
19
9
46
311
57
40
55
4 318
W. S. Hancock
419 165
166 102 113 175
197
76 196 177
Governor,
D. P. Dyer.
493
99
187 131
97
58
54 123
157
124
120
112 322
117
186 2386
L. A. Brown.
20
3
2
13
20
18
10
43
38
57
40
56
4 324
T. T. Crirtenden
428
165
169|103 112
174 200
75 196
179
237 137 239
114
2806
Lieutenant Governor
M. Blair
505
98 192 131
95
58
56
123 158
126|125 43 32
56
40
56
4 314
R. A. Campbell.
417 165
167 102 113
177
197
76 196
177
237
137
240
116 278 2795
Secretary of State,
J. C. Broadwell.
503
98
192
131
96
58
57
123
157
125
125
114 221
118
182 2400
O. D. Jones.
18
4
1
13
20
15
9
43
32
56
40
55
4 310
M. K. McGraff.
421
1165
167
102 112
176
197
76 195
177
235
137
241
115
278 2794
Auditor,
L. A. Thompson
503
98
192 131
96
58
57
123 157
9
.
125 43
31
56
37
55
4
295
John Walker ..
420 165
167 102 114
176 197
76 196 179,234 137
244 116 278 2801
Attorney-General,
H. H. Harding ..
503
98
192 131
96
58
57
123 157
125
114 321
118
182 2400
H. N. McGindley
18
4
1
13
19
15
9
76|196
178
137 241
117 278 2799
State Treasurer,
503
98
192
131
96
58
57
123 157
125
125
114 321
118 182 2400
W. Lowery . .
19
4
1
1
13
20
15
9
43
32
56
40
56
4 309
P. E. Chappell
419 165
166 102 113
176
197
76 196 178 235 137 241
116
278 2795
Register of Lands,
G. B. Herenden ..
503
98,192
131
26
58
57
123
157
125
125
114
320 118 182 2398
J. A. Matney
18
4
1
13
20
15
9
43
31
56
40
. 55
4 309
R. McCulloch.
415.165
167
102
113 176
76
196
180 236
137 242
117
278|2797
Supreme Judge,
J. V. C. Karnes
503
98
192
131
96
58
57
9
43
32
56
40
55
4| 310
R. D. Ray
420 165 167
102
113|176
197
76 196 178
235|137
241 116 278 2797
Railroad Commissioner,
H. Barnes,.
474
93 175
108
96
48
54
110|148
100 123
114 320
112 168 2243
J. B. Alexander.
19
4
2
1
13
20
17
10
43
32
40
55
4 316
G. C. Pratt.
420 165
166 102
113|176
196
79 198
178 235
241 118 278 2802
Congress,
T. M. Rice
524 102
196
131 104
81
77
131
158 166
157
170|350
171 186 2704
J. F. Phillips.
420 165
161.100 113|
178
196
74 196 178|238 135 247
117 276 2789 .
Circuit Judge,
N. M. Givan .
394
94
224
79|160
97
77
112 208 173 197 195
E. A. Nickerson
471 154
127
94
55 155 188
85 130 163 188 104 118
131 202 2365
State Senator,
W. C. Smith
522 101 192 131
105
96
69
131 157 162
155 162 321
173 187 2644
E. M. Edwards
415 164 166
102 116 177 195
76 195 177 235 135 235
117 278 2783
Representative-Eastern Dist. W. J. Workman,
527.101
131
132
158 164
169
220 1497
409 165
102
117 239|1465
Representative-West'rn Dist. A. Van Matre.
192
53
155
119 112 305
1026
E. Baker. .
1
41
60
43
175
J. P. Harmon
164
109 1761
190
223 134 243
1239
1
13
20
17
9
.
125 43
31 235
56
40
55
4 308
D. H. McIntyre.
420 165
167 102
113
177
197
123 157 125 125
114 321 118
182 2400
P. E. Bland.
18
4
1
13
20
15
A. C. Marquis
18
4
1
12
20
15
57 123 158
124 126 112 320 118 183 2400
J. B. Weaver. .
18
4
1
13
114 321
118
182
340
H. F. Fellows.
19
4
..
.
J. M. Vaughn .
59 197
72
.
.
90 21
9
15
-
125
114 321 118
182 2400
W. Q. Dollmeyer
56 137
469
97 259 2835
197
ยท
239 136 241 116 277 2795
Madison
226
HISTORY OF JOHNSON COUNTY.
OFFICIAL VOTE OF JOHNSON COUNTY-CONTINUED.
Warrensburg
Hazel Hill
Centerview
Grover
Kingsville
Columbus
Jefferson
Simpson
Chilhowee
Post Oak
Jackson
. Rose Hill.
Madison.
Washington.
Knob Noster.
Mt. Serrat.
Totals
Co. Judge-Eastern Dist.
W. C. McClung.
544 104
131
60 132
158
147 202 1478
J. B. Mayes.
392 161
95
197
73
175
130 247 1470
Co. Judge-Western District. C. H. Bothwell ..
194
107
65
157 174 393
1360
A. G. Beard.
161
112 179
230
119,200
1184
Criminal Judge. J. E. Ryland.
420 165/166
103 113 178
192
76
196 178 236 137
242
117 279 2798
Sheriff.
J. A. Shaw.
547
112 233
131 103
78
60
131
171
162 164 171 458
175
191
2887
W. Halley
387
149 116
99 118 178|197
Treasurer.
G. E. Griffith.
523
101
195
130 108
75
.60
128
161
156
156 154 359 172
183
2661
J. K. Tyler
417
165
159
100.113
180
197
75
192 178 232
137 240
116
280 2781
Collector.
W. H. Lee
543 104 192
131 108
76
60
130
158
154 153
156 358
2681
S. P. Williams
398|165|168
102 114 178|197
76.193
182 237.137
239|116/279|2781
Prosecuting Attorney.
R. M. Robertson.
510|103/209
131 109
75
60
130
157
153 157
154 359 141|232
119 276 2749
Assessor.
W. C. Rowland
533
102 197 131 109
74
60 132
153
152
149|157 361
171 185 2666
W. R. Bowen.
394 164 160 102 105 180
196
74 195
187 232 135|231
117 280 2752
Surveyor.
J. H. Herring
523 101 192
129|111
73
60
131
158
159
152 150 353 173|186 2651
J. N. Ferguson
418 166 160
105
99
180
198
75|195|179
204
142 237
107/278 2743
Public Administrator.
W. R. Reese.
498 445
169 160 102|125
197 198
82 195
208|263
175 276 171 281 3048
Coroner.
J. A. Haller.
504
97
192 131
96
59
57
122
156
125
126 165
316 118 182 2446
T. J. Wright.
436 169 164 102 126
195
198
82
195 209 264 137 276 171 282 3006
Stock Law-Yes
312 106 134
57 108
33
44
17
58
62 109 108 309
67 137 1691
Stock Low-No
284 122
122 134 75 184 165 177|199|214 220 121 121 160|170 2468
STATE OF MISSOURI,
COUNTY OF JOHNSON.
I. R. B. Harwood, clerk of the county court of the county of Johnson, certify that the above and foregoing is a true, correct and complete abstract of all the votes cast in said county at a general election held on the second day of Novem- ber, A. D. 1880, as shown by the returns made to my office by the judges and clerks of election of the different voting precincts in said county.
In witness whereof, I have hereunto set my hand and affixed my official seal at my office in Warrensburg, this 6th day of November, A. D. 1880.
[L. s.]
98 192
131
96
56
57 125
156
126
127
64 324
119 183 2352
O. D. Hawkins.
423 164 133 100
109
175|197
70
194 184 232
74 175 176
227
123 140
114 270 2543
170 186 2663
W. H. Brinker.
170 133
.
R. B. HARWOOD, Clerk of the County Court.
The following is the total vote of Johnson county for the respective polit- ical parties, as polled at each general election since the civil war. We have taken the candidates, who, at the different elections, were good rep- resentatives of the party; by this means their comparative strength may be determined:
HISTORY OF JOHNSON COUNTY. 227
1866-For Congress:
J. W. McClurg, radical republican 817
T. L. Price, conservative . 307
1868-For President :
Ulysses S. Grant, republican 1,512
Horatio Seymour, democrat. 861
1870-For Governor :
B. Gratz Brown, liberal
1,570
J. W. McClurg, republican 1,176
1872-For President :
Ulysses S. Grant, republican 2,299
Horace Greeley, liberal. 2,504
1874-For Governor :
Charles H. Hardin, democrat 2,154
William Gentry, granger 1,878
1876-For President :
Samuel J. Tilden, democrat . 2,734
Rutherford B. Hayes, republican 2,183
1878-For Sheriff:
Zacariah H. Emerson, democrat 2,618
S. G. Jackson, greenback. 1,196
1880-For President : 1
James A. Garfield, republican 2,400
Winfield S. Hancock, democrat 2,795
James B. Weaver, greenback 318
It is said that the public press of a county furnish the most reliable and full annals of the history of that county which can be gathered; to a greater extent, perhaps, it may be said that the same organs of passing events, and popular sentiment, are the most authentic indicative of politi- cal manifestations at any particular time. A few extracts from the differ- ent party organs at various times are given below. And first from the Weekly Standard, published at Warrensburg by S. K. Hall and N. B. Klaine, in their first issue, June 17, 1865, under the head of " To the Pub- lic," we find the following political principles set forth:
We this day present you a weekly newspaper, of which we flatter ourselves, the people of Johnson county will be proud. Having decided to permanently reside in central Missouri with those whom we have associated either in civil or military life, the past four years, nothing would be more pleasant in connection with our new enterprise than to discuss those questions of political economy on which very little difference of opinion exists, thus having a pleasant time socially, . politically and morally. But we assure our friends, though the war is over, the
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HISTORY OF JOHNSON COUNTY.
millennium is yet a great distance off, and we are not disappointed that the war has not entirely settled all our differences. If it has secured to us all qualified voters an undisputed right of voting as we please, and guaranteed us free dis- cussion we will have achieved for the first time in Missouri, the long promised right, on which our national constitution was framed, viz: 'The guarantee of a repub- lican form of government to each of the United States, * * * Let us detect no more wry faces, now that slavery is dead and past all resurrection, but meet the new order of things like civilized beings, remembering that the inevi- table consequence of this new state of our social life, is perfect equality, not, per- haps, in mental calibre, intelligence or social status, but perfect equality before the law. Hereafter no state statute shall extend privileges to one class, or race, not enjoyed by any other race; and remembering also, that as intelligence is the cheapest police for a republic, let every material interest of the state be subor- dinate to the great aim of universal education. *
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