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 6
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Mr. Hempstead, having successfully accomplished the objects for which he was sent to congress, declined a re-election, and returned to the prac- tice of his profession, and to the performance of all the duties of a good citizen. In this latter capacity he showed his disposition to be useful to his country by accepting inferior stations, after having retired from the highest which the vote of his fellow-citizens could confer upon him. He went out in several expeditions to protect the frontiers from the Indians during the war which followed, and afterward served in the general assembly of the territory, of which he was elected speaker in the popu- lar branch.
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The Rev. Salmon Giddings, delivered the funeral sermon on Wm. Hempstead, on August 17, 1817. It was an eloquent and feeling tribute to the worth of the deceased. After alluding to his settlement in Louisi- ana territory, he says:
Here, by his diligent attention to business, he had acquired a fortune, and by his virtuous conduct, had gained the confidence and esteem of his fellow-citizens. In the private walks of life few shone so bright. He was modest and unassum- ing, and endeared to all around him by a thousand tender ties. As his influence was extensive, he used it for the peace and benefit of society. In him the * * oppressed found a protector, and the poor a benefactor.
His professions of friendship were few but sincere, and his attachments ardent. * Those who knew him best, esteemed him most. *
* Few men were so exemplary in their lives. *
As a profes- sional character, he shone conspicuous. His talents were rather solid than splen- did. Of quick apprehension, a discriminating mind and clear judgment, his counsel was much sought and highly esteemed. His loss was not only individ- ual, but public. The oppressed have lost a protector, the poor a benefactor, the rich an amiable and agreeable companion, a wise and prudent counselor, the vicious a reprover, virtue a friend, and the territory one of its brightest orna- ments.
The wisdom of history, we claim, lies in preserving the story of such characters as this. For history is but a recital of the acts of men. Better that the life of one noble, brave, true man be cherished, than the daring acts of an hundred others, whom only the fires of ambition have made visible. He did but his duty, and the star of his life is now risen to its zenith.
The proceedings of the first session of the territorial legislature which met in July, 1813, have not been handed down intact, but from the laws enacted we have a regulation and establishment of weights and meas- ures, the creation of the office of sheriff, establishment of census reports, of courts of common pleas, of the incorporation of banks. Another tran- saction was the organization of Washington county from Ste. Genevieve.
At the second session of this first legislature, laws were passed "to regulate elections, one for the suppression of vice and immorality on the Sabbath, one creating the offices of territorial auditor and treasurer and county surveyor, one concerning public roads and highways."
The second territorial legislature consisted of twenty-two representa- tives and met in St. Louis on the 5th of December, 1814. Rufus Easton was chosen a delegate to congress.
A second session of the assembly was begun in December, 1816. Among the acts passed was one to reward the "killing of wolves, panthers, and wild-cats." At this time, also, a board of trustees was incorporated for superintending schools in the town of St. Louis.
In 1818 a session of the assembly organized the counties of Jefferson, Franklin, Wayne, Madison, Pike, Lincoln, and Montgomery.
In 1819 the southern portion of Missouri territory became the Terri-
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tory of Arkansas, a distinct and separate organization, with representa- tion in the national congress.
CHAPTER X. .
Application for Admission-Discussion in Congress-Failure of the Original Bill- The " Missouri Compromise"-Renewed Debate-Second Compromise-Conditional Admission-Constitution Adopted in Compliance with the Proviso of Congress- Eminent Services of Mr. Clay.
We come now, in our history, to one of the most important epochs. The Missouri Compromise was the result of long and bitter debate, debate in the councils of the nation that heralded the name of Missouri far and wide; debate by the leaders of thought, sounding to its uttermost depths the question of the compatibility of slavery with republican government. The thundering tones of statesmanship are the mutterings, deep and fear- ful, of the angry storm, destined yet to plunge the nation in civil war. So grave is the question, so alarming the intense excitement of the people, that even while decision is pending, disrupture threatens the union.
The territorial legislature of 1818-19, in view of the increased popula- tion, the number of counties admitted, made application to congress for the passage of a law authorizing the people to organize a state govern- ment. The increasing demands showed the old territorial laws to be inade- quate to the wants of the people. John Scott, the territorial delegate elected to succeed Rufus Easton, complying with the wishes of his con- stituents, introduced a bill in congress to admit Missouri into the union on an equal footing with other states.
On February 15, 1819, the house resolved itself into a committee of the whole for the discussion of the bill. In the course of debate an amend- ment was introduced which "prohibited the further introduction of slavery" and made "all children born within the state, after the admission thereof into the union, free at the age of twenty-five years." This is perhaps the first written proviso (duly considered and adopted) with reference to the slavery question in the United States. The news flew upon every wind, and the excitement ran high. In Missouri territory the feeling of opposi- tion was strong, and it was claimed by Mr. Scott, in a speech upon the subject, that it stamped inequality upon states equal according to every principle of a free government by united states, and that after the purchase from France a law had been passed securing to the inhabitants protection in the possession of their property.
The house was divided almost equally. One party claimed that the admission of the late states into the union had forever settled the constitu- tional power of the government over the institution, and that congress had
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no right to prescribe details of state government, as the people had unques- tioned right to amend their own state constitution .. The other party held that while this was true, perhaps, still congress had the right to prescribe con- ditions of admission for territories seeking to come into the union, and that the rights of man, as declared by the republic itself, in the very nature of things, made slavery the bane of free labor and the incubus of the government.
Upon the vote being taken on the proviso in the house it was adopted, as follows : Ayes, 79; noes, 67.
On Febuary 27, 1819, the bill came up for its passage in the senate. The entire proviso was here stricken out. The bill was returned to the house. The house refused to recede and the senate again refused to concur. Thus the matter stood until the adjournment of congress, March 3, 1819, when the bill was lost.
The political world was now shaken to its very centre by this question. Strange forebodings filled the gravest hearts. Great issues were at stake, and the solution of the vexed problem affected every part of the union. At times it seemed as if the slave states must be driven from the territory of Louisiana, totally. Arkansas, at this time, was asking for admission. The anti-slavery proviso seemed settling heavily down upon her prosperity. For almost a year the clouds lowered threateningly, and ever and anon the red glare of the lightnings of bitter discussion presaged the oncoming of a terrible storm.
This question, then, was to be the main object of the deliberation of the next congress. That body convened December 6, 1819. On January 25, the house took up the bill for the admission of Missouri. From day to day the discussion continued until February 19. A bill now came from the senate providing for the admission of Missouri, amended a's follows:
And be it further enacted: That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degress and thirty minutes north latitude; excepting only such part, thereof, as 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 duly 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 in any state or territory of the United states, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or services as aforesaid.
This became the basis of the Missouri Compromise. The bill had been adopted in the senate by a vote of 24 to 20; the same was adopted in the house by a vote of 134 to 42. The Missouri Compromise constituted sec- tion 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."
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HISTORICAL SKETCH OF MISSOURI.
Accordingly an election was held and representatives elected to a state convention which met June 12, 1820, at St. Louis. It was not deemed expedient at this time to form a constitution, and after providing the man- ner of electing another body to perform that duty the convention adjourned. Another election was held in May. This second convention concluded the labor of drafting a constitution July 19th. It was not submitted to the people, but took effect from its creation. It is said to have admirably met the wants of the masses.
On November 19, 1820, John Scott, delegate from Missouri, laid before the national house of representatives the manuscript copy of this consti- tution. The committee to whom the constitution was referred, reported that it conformed to the provisions of the previous act of congress. But a fierce discussion arose on the ground that it sanctioned slavery, and because in it there was a clause empowering the general assembly "to pass such laws as may be necessary to prevent free negroes and mulattoes from coming to and settling in this state under any pretext whatever."
The house refused, thereupon, to pass the resolution to admit. Much the same feeling was manifested in the senate. But here an amendment was offered to the resolution, providing that the proposed constitution should not be so construed as to contravene the clause in the constitution of the United States which declares that " the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states," which was adopted.
Again the matter came up in the house, and, though the proviso of the senate was attached thereto, failed to pass. Finally on a motion by Mr. Clay, a joint committee of both houses was appointed. The result of this conference committee was to report to each branch of congress the fol- lowing resolution:
Resolved, By the Senate and House of Representatives of the United States of America, in Congress assembled, That Missouri shall be admitted into this 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 sec- tion of the third article of the constitution submitted on the part of said state to congress, shall never be construed 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 privileges and immunities to which such citizen is entitled under the constitution 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 said act; upon the receipt whereof, the president, by proclamation, shall announce the fact; where- upon, and without any further proceeding on the part of Congress, the admis- sion of the said state into the union shall be considered as complete.
The house and senate adopted this resolution without delay and upon brief debate.
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Governor Clark, in Missouri, immediately convened the legislature in special session, and on the 26th of June, 1821, A SOLEMN PUBLIC ACT, in conformity with the foregoing resolution, was passed, and transmitted to the president. On August 10th, President Monroe issued the proclama- tion announcing the admission of Missouri to be complete.
The admission of Missouri was obtained through two compromises. One prohibited forever slavery north of 36 deg., 30 min. north latitude; the other expunged from her constitution, that portion making the duty of preventing the immigration of free negroes into her borders, incumbent on future assemblies.
When the famous struggle at last came to a close and the slavery ques- tion seemed terminated for time, the news was everywhere received with joy.
To all the people this discussion was ominous. The debaters seemed treading on dangerous ground and no one knew where or when a slum- bering mine might burst forth to fill the land with dissension and blood. Prosperity was fast waning-markets became deranged. The need of the hour was an amicable and speedy settlement of the vexed problem.
In this regard the services of Mr. Clay were eminent. During this struggle he is said to have made the master speech of his life. No record of the effort has been preserved, but for four hours he held his hearers spell-bound by the magic of his words. He was the author of the second compromise, which so effectually settled the question of admission. His. mission was for peace. He felt the imminent peril and " scented the bat- tle afar." But the clarion notes of his eloquence rang through the land and the voices of strife were hushed.
CHAPTER XI.
Election of State Officers-Election of United States Senators-Visit of Marquis de Lafayette-State Capitol-Emancipation Programme.
The first election for state officers in Missouri was held on Monday, August 28th, 1820. The state officers at this time consisted of a governor, lieutenant-governor, one representative in congress, and senators and rep- resentatives of the general assembly. , The number of the latter the con- stitution provided should be fourteen senators and forty-three representa- tives.
As we have seen before, the state was not admitted to the union, at the time of this election .. The question of admission, however, was virtually settled and upon the ultimate result of the application the election was held. It resulted as follows: governor, Alexander McNair; lieutenant- governor, William H. Ashley; member of congress, John Scott.
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John Scott is worthy of more than passing mention. He, it will be remembered, had since the expiration of Rufus Easton's term of office, constantly held the position of territorial delegate. He had ably repre- sented the people in advocating the act of admission and as an argumenta- tive speaker and sound statesman had won distinction in the national councils. The first election held as above stated, had a double office to perform in selecting not only a representative for a remainder of a term of congress then existing, but also for the succeeding term. To both positions Scott was elected almost unanimously, and in fact he held his office until 1827. He was a man of education and talents and is to be remembered as one of the leaders of his time.
The general assembly elected, met in St. Louis, September 19, 1820. James Caldwell, of Ste. Genevieve, was elected speaker of the house, Wm. H. Ashley was president of the senate.
The first work of the legislature was the appointment of three supreme judges, each of whom was to hold office until sixty-five years of age. The following are their names: Mathias McGirk, John D. Cook, John R. Jones.
The next duty performed was the election of two United States sena- tors: David Barton and Thomas H. Benton. Barton being very popu- lar, was elected without opposition. But Benton had five competitors Ballotting brought no result, and in the hopes of changing the tide, the legislature importuned David Barton to choose his colleague. Barton favored Benton, who, though he was personally unpopular, having fought and killed, in a duel, a son of one of the members, received thus a large number of votes. Still he had not enough to elect him. Every effort was put forth, and finally when only one vote was lacking, Thomas H. Benton was elected by having a sick member, Daniel Ralls, brought into the hall upon his bed, being unable to move, and receiving his vote. Ralls soon afterward died, and as a mark of respect to his memory, the legislature called Ralls county after his name.
During the session, the following counties were organized: Callaway, Chariton, Cole, Gasconade, Lillard, (now Lafayette,) Perry, Ralls, Ray and Saline. The seat of government was fixed at St. Charles until October 1st, 1826, when it was removed to Jefferson City.
Governor McNair appointed the following officials: Secretary of state, Joshua Barton; state treasurer, Peter Didier; auditor, Wm. Christie.
In 1822, St. Louis was incorporated with a mayor and nine aldermen; population 4,800.
The year of 1824 saw many presidential candidates in the field: Adams, Clay and Jackson were the most prominent. Missouri, for the first time, felt an earnest interest in national politics. Her voice for the first time was to be heard within the august councils of the already far-famed union,
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a free and independent power. The number of candidates in the field for president projected the idea that the electoral college would make no choice, and that it would therefore devolve upon the house of representa- tives. This feeling made the canvass for member of congress in Missouri heated and exciting. Three candidates were before the people, but John Scott, so long their servant and efficient officer, was elected. Time showed that the grave duty of choosing a president, did devolve upon the house · of representatives, and also that the choice of the people was not mis- placed.
Frederick Bates and William H. Ashley were the two competitors for the gubernatorial honors. Bates was successful, succeeding McNair as the second governor of the State. Mr. Bates had held many offices, both civil and military, and discharged the trusts imposed in him faithfully and well. He was a citizen of St. Louis. His term of office, as the highest ruler in the growing state, was short, his death, of pleurisy, occurring sud- denly, August 1st, 1825.
Abram J. Williams, president of the senate, filled the office until Sep- tember, when, at a special election, John Miller was elected governor and Benjamin H. Reeves, lieutenant-governor.
In 1824-25 the constitution provided for a revision of the laws of Mis- souri. Two distinguished citizens-Henry S. Geyer, speaker of the house of representatives, and Rufus Pettibone, one of the supreme court judges, had been appointed to make the revision, subject to the approval of the general assembly. They did their work carefully and intelligently, and on February 11, 1825, the assembly passed an act providing for the publica- tion of the laws in two volumes, with scarcely an alteration of the work of the revising committee.
Age lends majesty to the historic figure. The serenity of life after long years of action is sublime. And the hero of hard-won battles becomes the patriarch of peace. Moving among us, silently, these characters weave a spell over the wasting strifes that make the sum of many a human life, and temper our hearts to reverence.
In 1825 a champion defender of human liberty visited the land. His brain and blood had been given without scant that America might be free. After years of prosperity had passed, he came to revisit the states he had loved so well. This historic figure-this battle-scarred hero-was Mar- quis de Lafayette.
With the ivy coronal of sixty-eight years clustering about his life-and when the dark shadows were fast lengthening toward the east-he came, and met the gratitude of a faithful nation and the glad reverence of thou- sands of humble hearts. He visited each of the twenty-four states in the union. His journey was a "triumphal march." Everywhere he was received with an ovation.
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HISTORICAL SKETCH OF MISSOURI.
On the 29th of April, 1825, he reached St. Louis from New Orleans. A most enthusiastic reception was tendered him-thousands of people greeted him everywhere. Public balls and banquets ruled the hour, while private hospitalities were unbounded.
The first general assembly that met in Jefferson City was in 1826. It was numerically the fourth. At the time of admission, congress granted four sections of land upon which to locate the capital, and the constitution provided that it should be upon the Missouri river, and within forty miles of the mouth of the Osage. The commissioners, after much wrangling, finally settled upon Jefferson City.
Of late years an effort has been made to submit to the people a consti- tutional amendment providing for the removal of the seat of government to Sedalia, Pettis county. At the two last sessions of the legislature this bill, to submit an amendment, has failed to pass. It was, no doubt, a wise selection, originally, to place the capital at Jefferson City-it then being the center of the state and an accessible point-but a period of settlement and progress covering fifty-five years have wholly unfitted it for the purpose. The buildings, too, are far behind the times. A few more years will, no doubt, make the removal a matter of history.
In Mr. Switzler's "History of the State" we find this description and anecdote of the state-house :.
The building was a rectangular brick structure, two stories high, without any architectural beauties. The representatives occupied the lower story, the senators the upper. An anecdote is told of a representative who presented his credentials. to the secretary of the senate. "This belongs to the lower house," said the clerk. "Where is that?" asked the gentleman. "Down stairs." "Why," said the man, "I saw them fellows there, but I thought it was a grocery."
This building was destroyed by fire in 1837. The Cole county court house was then used until the completion of the present capitol in 1840. This structure was erected at a cost of $350,000. It is beautifully situated upon a bluff of the Missouri river, and commands a most picturesque view of the wild river, and the opposite time-scarred rocks and low-lying lands of Callaway. Bayard Taylor is said to have pronounced the scene one of surpassing interest.
1828 saw at hand a state and presidential election. Thus far little atten- tion had been paid to national politics. But history records this cam- paign as one of the most virulent and bitter contests ever witnessed. Adams and Jackson were the candidates. Local politics began to assume color from the national, and sharp lines of party issue divided and dis- tracted the people. An electoral ticket of three was appointed by each side, and the most strenuous efforts made toward election. It is stated that the Adams party polled 3,400 votes, and the Jackson party 8,272, making the total vote of the state at this time 11,672.
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HISTORICAL SKETCH OF MISSOURI.
John Miller was re-elected governor, Daniel Dunklin was successful over four opponents for lieutenant-governor, while Spencer Pettis after a close contest was elected representative in Congress.
· A singular fact has lately come to light as a part of the unwritten his- tory of this time. The state had but lately been admitted to the union, and the fires of the slavery agitation were fast becoming'extinct. Slavery no longer affected politics, but there seems to have been growing a feel- ing of repugnance to the institution. The idea of gradual emancipation seems to have taken hold of the public leaders of the day, among whom were Benton, Barton, Shackleford and Wilson. The Missouri Historical Society has preserved among its archives an autograph letter by the lat- ter, in which the scheme is set forth:
In 1827, (I believe it may have been in 1828), I was one of those who attended a private meeting in that good old state, when about twenty of us, claiming at least to be party leaders, about equally representing every district of the state, of about equal numbers of democrats and whigs. Colonel Benton and Judge Barton were present. One object that brought us together was, to consider how we should get rid of slavery in Missouri. We unanimously deter- mined to urge upon all candidates at the approaching election, and resolutions were drawn up and printed, (in secret) and distributed amongst us, with an agreement that on the same day these resolutions, in the shape of memorials, were to be placed before the people all over the state, and both parties were to urge the people to sign them. Our combination, too, then had the power to carry out our project.
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