USA > Missouri > Linn County > The history of Linn county, Missouri. An encyclopedia of useful information > Part 20
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"SECTION 25. Four terms of the County Court shall be held in each of the counties aforesaid, on the first Monday in February, May, August, Novem- ber, and the courts may alter the times of holding their stated terms, giving notice thereof in such manner as to them shall seem expedient.
" This act to take effect and be in force, from and after its passage.
" Approved, January 6, 1837."
Eight days later the following supplemental act was passed, referring to the boundary line between Linn and Livingston counties:
187
HISTORY OF LINN COUNTY.
" Be it enacted by the General Assembly of the State of Missouri, as fol- lows:
"SECTION 1. The county line dividing the counties of Livingston and Linn be so changed as to continue up Grand River from where the range line dividing ranges twenty-one and twenty-two crosses said river, to the sec- tional line dividing range twenty-two into equal parts; thence north with said sectional line to the township line dividing townships fifty-nine and sixty ; thence west with the original line of said county; and the line of Linn county shall extend from the point last mentioned north with the aforesaid section line, to the line dividing townships sixty and sixty-one; thence east with said line to the original line of Linn county.
"This act to take effect and be in force from and after its passage. .
"Approved, January 14, 1837."
METES AND BOUNDS.
The act organizing the county of Linn' gives its metes and bounds three miles less in width than is shown on the map, its western border being range line dividing ranges twenty-one and twenty two. When the error was discovered or when the additional territory was added can only be sup- posed from the metes and bounds of the county as given by the Revised Statutes of Missouri, 1879, § 5189. It reads:
" LINN, Beginning at the southeast corner of township fifty-seven, range eighteen west; thence west to the southwest corner of section thirty-four, township fifty-seven, range twenty-two west; thence north with the sub- divisional line to the northwest corner of section three of township sixty, range twenty-two west; thence east with the township line between town- ships sixty and sixty-one to the northeast corner of township sixty, range eighteen west; thence south with the range line between ranges seventeen and eighteen to the place of beginning."
This would make Linn county twenty-seven .miles east and west and twenty-four miles north and south. The present map of Linn county does not show this area of territory, its northern line being different from the metes and bounds given by the section above quoted. This arises from the fact that township sixty is a factional township, being on the east side of the county a trifle over five miles north and south and on the west side four miles and a half instead of the six miles of the usual congressional township. The north line, then, of township sixty bears south from range line between seventeen and eighteen to range line between nineteen and twenty one and a half miles; from there due west to the county line it divides the section nearly or quite equally. The county's true limit is twenty-three miles and a fraction north and south on the east sides, twenty-two and a half miles north and south on the west line of the county, and twenty-seven miles in
188
HISTORY OF LINN COUNTY.
width. This fractional township is what has deceived the writers of the history of Linn county. There are not 684 square miles of territory in the county, but without going into fractions 611 square miles, and that area covers 392,040 acres of as fine land, in the richness and productiveness of its soil, as can be found in the valley of the Mississippi. This county, which was once a part of St. Charles, then of Howard, and later of Chariton coun- ties, the garden spot of central north Missouri, is what is now to be consid- ered and all that is worthy of record will be given, making it a standard book of reference of Linn county for all future time.
THE FIRST COUNTY COURT.
The first County Court of Linn county is supposed to have been held on the first Monday in February, 1837, that being the time set by the act of organization. The proceedings of that first session are entered of record with- out date, and therefore presumed to have been held as above.
Also, according to the act of organization, the court met at the house of Silas A. Fore, and there were but two of the judges present. Their first order was that James A. Clark, afterward judge of this Judicial District for nearly a quarter of a century, be appointed clerk pro tem. of the court, and the second order reads as follows:
"Ordered that the court adjourn to the house of E. T. Denison for the purpose of doing business, it being so inconvenient to do business at Fore's."
This order seems to settle the question that while the court met at Fore's, the first term of the court was held at E. T. Denison's. The names of the judges present were James Howell and Wm. Bowyer, but there is no record of their commissions, or that of the sheriff, and the latter's name is not recorded in the first session of the court.
This County Court composed of two members made an order, divided the county into three municipal townships by the names of Parson Creek, Locust Creek, and Yellow Creek, whose metes and bounds will be found in the township history department of this work.
The first elections held in these townships were ordered to take place April 8, 1837, for one justice of the peace for Parson Creek and Yellow Creek townships, and two justices of the peace for Locust Creek, to be held at the houses of citizens in each township. The court closed its ses- sion by ordering the sheriff to notify the judges of election, and to put up notices of the election, and also ordering the clerk of the court to procure a blank book for the use of the court before the next term. As there were but two and no presiding justice, the proceedings of this session of the County Court were signed by both judges present.
The first officers elected in the county were at the above election, and were Thomas Rapell, formerly of Virginia, and David Mullins, as justices of the
189
HISTORY OF LINN COUNTY.
peace of Locust Creek township, Irvin Ogan for Parson Creek, and Morde- cai Lane for Yellow Creek townships.
The next term of the court was held on May 1st, 1837, and at that session, the three judges appointed by the Governor; viz., James Howell, William Bowyer, and Robert Warren present.
Their first work was to make Barbee's store the temporary place for hold- ing court until a permanent location was had by the erection of a court- house. Judge James Howel was appointed presiding justice. John J. Flood was appointed assessor and filed his bond, and E. T. Dennison ap- pointed clerk, to hold until the next general election, and with this the court adjourned until July 1, 1837.
The July term resulted in giving the county of Linn its first treasurer in the person of Thomas Barbee. Another election was ordered for the first Mouday in August to give another magistrate to both Parson Creek and Yellow Creek townships. Judge Clark got $5.12} for his services as clerk. John J. Flood took $28.75 for assessing the county, and the sheriff was called on to refund to the county $1.50 for an overcharge in his account, and it is presumed he did so.
The first tax assessment was two hundrd per cent on the State tax, and a poll tax.
The first agent of the county to receive its portion of the road and canal fund was Thomas Barbee, the treasurer.
Mi. Irvin Ogan of Parson Creek township, and Stephen McCollum of Yellow Creek were the inen elected justices, giving each of the three town- ships two magistrates each. They were elected at the August election, 1837.
The first road laid out in Linn county was in November, 1837, and started from one mile west of George Epperly's to the fish dam on Locust Creek. The road was cut out twenty-five feet wide, and banks dug so it would be passable. The first road overseers in the county were James A. Clark, Mordecai Lane, Sampson Wyatt, and Thomas Rupel.
It was at this term of the court, November, 1837, that the county judges decided to appoint commissioners to locate the county seat, as the commis- ers appointed by the State had failed to fulfill the duty imposed on thiem by the act of organization. What had deterred them from acting was not recorded, but the people became tired of the delay and insisted that the County Court should take action in the matter.
LOCATION OF THE COUNTY SEAT.
The act of the legislature of January 6, 1837, organizing Linn county, designated "John Riley, Ransom Price, and Levi Blankenship, of the county of Chariton," as " commissioners to select the seat of justice for
190
HISTORY OF LINN COUNTY.
said county." For some reason these commissioners did not act, and the County Court, at the November session, 1837, appointed in their stead Da- vid Duncanson, of Livingston, James Jackson, of Howard, and Hiram Craig, of Chariton. The court also ordered the sheriff to "put up ten no- tices that the commissioners will meet on the 1st day of January, 1838, at the usual place of holding court in said county." Whether or not the com- missioners met at the date appointed is not known, but it is certain that they did not act, or, at least, did not locate the county seat for more than a year thereafter. Only one of the commissioners named by the order of the County Court, David Duncanson, performed any service that can be learned of; associated with him was William B. Thompson. On the 29th of Au- gust, 1839, these two selected the present site of Linneus as the permanent seat of justice for Linn county. For their services each received $32. The report was approved by the judge of the Circuit Court at the August term, 1839, as soon as filed, the Hon. Thomas C. Burch being then on the bench.
On the 25th of August, 1839, John Holland and wife conveyed to Linn county the town site, by a deed in the following words and figures. The commissioners, after due investigation, had fixed upon the site and agreed to so report if Mr. Holland would donate it to the county, which he readily agreed to do:
"Know all men by these presents, that we, John Holland and Elizabeth Holland, his wife, have donated and given to the county of Linn, in the State of Missouri, for the use and benefit of said county, as a permanent seat of justice* of said county, fifty acres of land, bounded and situated as follows: Beginning at a post at the northwest corner of section six, town- ship fifty-eight, range twenty; thence east along the north boundary of said section, fifty-four poles to a stake in the prairie; thence south one hundred and forty-eight poles and five links to a stake in the prairie; thence west fifty-four poles to a stake on the range line, to which a red oak two feet in diameter bears north seventy degrees, thirty minutes east, eighty-two links, [and] a hickory ten inches in diameter bears south thirty-four degrees, thirty minutes west, sixty-three links; thence north along the range line to the place of beginning ;- to have and to hold the aforesaid tract of land, with all and singular the rights, privileges, and immunities there- unto in any wise belonging to the said county of Linn forever; and we further bind ourselves, our heirs, executors, administrators, and assigns to warrant and forever defend the title to the said tract of land to the said county of Linn against the claim or claims of all and every person or per- sons whosoever. In testimony whereof we have hereunto set our hands and seals, this 25th day of August, in the year of our Lord one thousand eight hundred and thirty-nine. " JOHN HOLLAND [L. S.].
" ELIZABETH HOLLAND [L. S.]."
*Some lawyers have given the opinion that if the county seat is ever removed from Lin- neus, the land will revert to the heirs of Colonel Holland.
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HISTORY OF LINN COUNTY.
Two days after this deed was acknowledged before E. T. Denison, clerk of the court, by his deputy, Augustus W. Flournoy. Flournoy was allowed $1.023 cents, September 17, 1840, for recording the same.
When the town was first laid off it was called Linnville. On the 5th of November, 1839, the County Court ordered "that the county seat for Linn county be called Linnville"; and on the 30th, twenty-five days later, it was ordered " that Linnville be the permanent seat of justice of the county of Linn." On the 4th of February following, however, the same court ordered " that the permanent seat of justice for Linn county be called Linneus," in- stead of Linnville." The name was changed at the instance of Dr. Lewis F. Linn himself. Judge James A. Clark wrote to him that the county seat had been named, as had the county, in his honor, and asked his approval. The doctor replied that he did not wish to dictate to the court in a matter of that character, but that he preferred the name "Linneus " to "Linn- ville, and when Judge Clark laid this letter before the court that body im- mediately made the change referred to. It is often erroneously supposed that the town was named in honor of the great German scientist rather than of that noble old Roman, Missouri's honorable senator, Lewis F. Linn.
Doubts having arisen as to the legality of the proceedings of the com- missioners and other authorities in locating the county seat-other com- missioners than those appointed by the legislature having acted in the premises, the time set for the location having been changed, etc .- the Jegis- lature, in December, 1840, passed the following legalizing act:
"AN ACT TO LEGALIZE THE LOCATING OF THE SEAT OF JUSTICE OF LINN COUNTY.
"Be it enacted, etc. 1. That all proceedings and acts which may have been had or transacted by the commissioners of the seat of justice of the county of Linn, or by the County Court of said county, in selecting, locat- ing, or establishing the seat of justice of said county, and in naming or altering and changing the name of the same, be and the same are hereby legalized and rendered as effectual as if the same had been done in all re- spects in conformity to law.
"2. That all acts and proceedings wherein either 'Linnville' or 'Linn- æus' is used or occurs as the name of the seat of justice of said county shall be as binding and effectual as if the name so used or occurring had at all times been the legal name of the seat of justice of said county.
" Approved, December 19, 1840."
John D. Grant was the first county commissioner appointed. His duties were to attend to the sale of lots, etc. On the 5th of November the County Court ordered Commissioner Grant to advertise three weekly insertions in
*In the proceedings of the County Court the name of the town is spelled as here printed; in the legalizing act of the legislature it is spelled Linnæus; the former is doubtless the cor- rect method, and the way the name is commonly written.
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HISTORY OF LINN COUNTY.
the Fayette Democrat newspaper that on the 2d of December following there would be sold " one-third of the lots in the town of Linnville, Linn county, Missouri, on a credit of six, twelve, and eighteen months, of equal installments." He was also instructed to " lay out one acre of ground in the Publick Square to be laid out in a square to commence at a stake and run an equal distance from said stake, the Publick Square to be on the west of said line; one main street on each side of the Publick Square run- ning north and south, fifty-one feet and six inches wide; two back streets thirty feet wide each; two main cross-streets forty-nine feet six inches wide, each adjoining the Publick Square; one back cross-street on each side of the Publick Square, thirty feet wide each; and that he lay out sixteen lots to each block around the Publick Square, running back eighty feet, and the balance of the lots to be laid out agreeable to a plat rendered to said commissioner."
John D. Grant, the first county surveyor and commissioner, surveyed off the town into lots, being assisted by another surveyor, R. W. Foster. The work was done in the latter part of the month of November, 1839. For his services Grant charged the county $200, but the county court only allowed his estate $77 (Record " A," p. 45). Soon after the first lot sale, Mr. Grant died. December 28 R. W. Foster was appointed county commissioner in his stead by the County Court, and, shortly after, the Gov- ernor appointed him county surveyor. He was removed in February, 1842, and Charles A. Fore appointed county commissioner in his place.
The first lot sold was lot one, in block one, to Meredith Brown; it has not been ascertained what was the price paid, although it must have been at least five dollars, as the court ordered that no lot should be sold for a less price than that sum. The sale continued two days, December 2d and 3d. On May 6th, 1840, another sale took place, one-half of the remaining lots being sold on that day.
At the February term of the County Court, 1841, the first court-house was ordered built according to the following plan :
"The house to be built on the southeast corner of lot three, block nineteen, of hewed logs, thirty-six feet long and twenty feet wide, [the house to be twenty feet wide, not the logs, of course,] from out to out; the wall to be fifteen feet high from the bottom of the sill to the top of the plate, with a wall partition to be carried up from the bottom to the top of the plate so as to make the front room twenty-three feet long in the clear; the logs all to be of sound oak; the sills to be of white oak or burr oak; the sleepers to be of good white oak or burr oak of sufficient strength, two feet from center to center; the joists to be of good sound oak, three feet by ten inches, put in two feet from center to center, to extend through the walls; *
* the house to be covered with good oak shingles; * * * the end of the house is to front the public square, with one door in the center of the end
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HISTORY OF LINN COUNTY.
of the house; one fifteen-light window on each side of said door, eight by ten inches; one door in the center of the partition wall; one door and one window in the end of the back room, so as to leave room in the center for a chimney; the window to be twelve-light of eight by ten inches glass, the doors and windows to be finished in plain batten order, with good black-walnut plank; * * * the whole building to be chinked with stone suitably tamped; the lower floor to be laid down roughly, with square joint; the upper floor rough-tongued and squared, the plank to be of good sound oak timber well dressed, with an opening left in the southwest corner for a staircase; the whole to be done in a workinanlike manner on or before the 1st day of August, 1841."
The building of the temporary court-house was let to David Jenkins and Goolsby Quine, $400 having been appropriated for the purpose February 5, 1841, and was superintended on the part of the county by William Hines. It was not completed by the time specified. In November Mr. Hines was ordered to have a brick chimney erected in the building, to con- tain two four-feet fire-places below and two two-feet fire-places in the upper story. The building finally cost, when completed, $516.50, and long stood in Linneus, and is well remembered by the older settlers.
Before the building of the court-house, the county offices were usually at the residences of the officials. Court was held at Barbee's, Fore's, and Holland's. Judge Clark held his first court at Holland's. The court assembled in one room of the cabin, (the first in the place,) which was warmed by a fire-place with a smoky chimney. The smoke was almost intolerable. The judge and the attorneys shed tears copiously and it was well for the blind goddess who was supposed to preside on the occasion that she was blind. Her eyes would have been smoked out if she had had any. The trouble with the chimney was that the back wall was bad-full of gaps and cracks. It chanced that in the midst of the session this back wall fell out. The judge thereupon adjourned his court, and was not very sorry that the mishap occurred. As he left the court-room the sheriff came to him, told him that a fight was in progress near by, and asked for instruc- tions. "Oh! never mind," said the judge, " let them alone-let the boys enjoy themselves !"
But the bulidings used by the early officers seemed good enough for the occasions and answered all purposes very well. There was not much busi- ness of a public nature to transact, and it was soon disposed of. Some of the officials carried all the records pertaining to their respective offices in their breast pockets. Yet there was no complaint that business was neg- lected or that injustice had been done.
The first ferry license was granted to William and Jesse Bowyer, free, . and they were allowed to charge twelve and one-half cents for man and
1
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HISTORY OF LINN COUNTY.
horse, fifty cents for a loaded wagon, and six and one-fourth cents for a footman. This license was granted at the December term, 1837.
Fifteen months had elapsed, and the work was commenced to carve up the three original townships and duplicate them from time to time as popu- lation and a desire for local official life might demand. The first township that a slice of territory was taken from was the central or Locust Creek, and with its boundary lines defined they called it BENTON. This was accom- plished at the May term of court, 1838, and an election was ordered May 26 for two justices of the peace for this new municipal sister. John Pierce and William Gibson received the suffrages of their neighbors and were ' the elected justices.
CHAPTER VI. ELECTIONS THE GLORY OF FREE INSTITUTIONS.
The First Election-The Result-Duncan Township-First Defalcation-Liberty Town- ship-First Money Borrowed by the County-Town Lot Fund -- Bridges-Pleasant Hill Township-Defalcation of J. W. Minnis Settled in Full-County Treasurer Makes a Final Settlement and all O. K-The Year 1842 Ran Behind-Highland County- Its Organization as to Metes and Bounds, but Still under Linn County's Municipal Control-Minor Sale of Linneus Town Lots, 1844-A Transfiguration-The Reorgani- zation of Linn County in 1845, after Sullivan Was Taken off-Townships and Their Metes and Bounds.
ELECTION.
Thomas Barbee resigned, and the court appointed Augustus W. Flour- noy to the office of treasurer of Linn county, May 7, 1838. In May, 1839, the court met at the house of John Holland. This was the first meeting of the new judges elected at the election of 1838. The following table of that election will be found interesting, the highest number of votes being cast for assessor.
ELECTION.
Locust Creek.
Benton.
Yellow
Creek.
Parson
Creek.
Total.
Majority.
Representatives.
James A. Ciark
35
15
21
3
5
Thomas Barbee
47
1
3
18
74 69
Sheriff.
1
John Minnis .
36
16
23
S
Jermiah Phillips.
49
1
1
16
83.19 64
AGE Marks,
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HISTORY OF LINN COUNTY.
ELECTION-CONTINUED.
Locust
Creek.
Benton.
Yellow
Creek.
Parson
Creek.
Total.
Majority.
County and Circuit Clerk.
E. T. Dennison
36
16
20
5
77/10
E. Kemper.
49
1
1
16
67
County Judges.
Robert Warren
61
16
23
11
111 46
William Gibson
30
16
19
65
Meredith Brown
56
2
15
18
91 26
Alex. Ogan.
49
3
3
22
77|12
W. D. Southerland
35
6
6
16
63
James Boyle
6
5
11
Assessors.
Abram Venable
66
16
23
22
127 96
William Head.
11
11
William Clarkson
31
31
All the votes in the county cast for State senator were for Daniel Ashby, excepting one, Preston Mullin, giving his vote for a Mr. Brummel.
The next township organized was on the 24th day of June, 1839, and it was given the name of Duncan, and the voting precinct was located at the house of Jacob Holland. There was an election ordered for one justice of the peace, but the date of that election was not recorded, but in August Robert W. Holland was elected a justice of the peace, of what township was not stated, but proves to have been Duncan.
The first constable of the township was Samuel K. Smith.
SCHOOL LANDS.
The first school lands sold by order of the county was on the fourth Mon- day of December, 1839. The sixteenth sections of township fifty-eight, of range eighteen west, and of township fifty-eight of range twenty west, were sold in eighty acre tracts. These sections were in what is now Locust Creek and the north part of Bucklin townships.
This sale laid the foundation of the school fund of Linn county, which has been so faithfully kept all these succeeding years, the educational facilities having kept pace with the growth of the county.
The first census of Linn county was taken by John W. Minnis in 1840 and the County Court allowed him $54.75 for his services.
In 1841 at the August term, Liberty township was organized north of Duncan township. This township's southern line was township line be- tween sixty-two and sixty-three, what is now Sullivan county. The first election was held at the house of Jury Todhunter. Isaac Robert, Jr., Law-
13
.
.
198
HISTORY OF LINN COUNTY.
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