The history of Linn county, Missouri. An encyclopedia of useful information, Part 21

Author:
Publication date: 1882
Publisher: Kansas City, Mo., Birdsall & Dean
Number of Pages: 906


USA > Missouri > Linn County > The history of Linn county, Missouri. An encyclopedia of useful information > Part 21


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yer Drake, and Thomas Woods were the election judges. At the same term a deed from John Holland of an acre of ground for a cemetery was received and recorded.


DEFALCATION.


The first defalcation was that of John W. Minnis, the first sheriff of Linn county. In August the County Court ordered suit to be commenced in the Circuit Court for balance due the county. This balance is rather a big error if figures don't lie. On pages ninety-two and ninety-three, Book A, the figures are badly mixed, and the indebtedness which should have been $684.24 was made $784.25. After this came a credit of $485.22 and $9.04, leaving a correct debt against him of $189.98 while the balance against him was reported at $289.99. In November Mr. Minnis was charged up with $25 for a fine collected by him.


In November, 1841, Liberty township, the territory of which now lies within Sullivan county, was organized and the first election ordered held on the first Monday in December.


The County Court also decided that grand jurors in serving as such were only performing a patriotic duty and were therefore not salaried officers, and the court declined to pay for any such service already performed or that might thereafter be. This action of the County Court prevented that hank- ering after official life so prevalent at this day. On a settlement with David Prewitt, treasurer, the school funds in his hands were found to amount to $1,054 and the treasurer had loaned at ten per cent interest $1,036 of this sum.


BRIDGES.


The first bridge ordered built in the county was across Locust Creek near William Bowyer's, on the State road leading from Palmyra to Plattsburg, and at the same time two others were ordered to be constructed across the east and west forks of Yellow Creek, Thomas H. Pearson being designated to superintend the construction of the two last mentioned, and was to draw plans and subinit to the court on the 22d of November. The bridge across Locust Creek near William Bowyer's was to be superintended by him and he was to submit a plan of the same.


Mr. R. W. Foster reported only $707.10 on hand November 8, 1841, and money was needed to complete the court-house, etc. This state of affairs caused the following order to be placed on record as the first money sought to be borrowed by Linn county up to that date. The order reads:


"Ordered that treasurer of Linn county be, and he is hereby authorized to borrow the sum of two hundred dollars, at any per cent per annum not to exceed ten per cent per annum interest thereon, for a term of not less than six months nor more than twelve months, to be paid (if borrowed) out


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HISTORY OF LINN COUNTY.


of the town lot fund, in the town of Linneus, and it is further ordered that the clerk furnish the treasurer a copy of this order."


The second loan ordered was for $100 in February, 1842.


The account rendered by Mr. Foster, disposed of the town fund as follows:


Amount collected. $707 10


Amount turned over. $485 99


To services as commissioner and per centum ... 161.28-547 27


Due county. $ 59 83


which he was called upon to pay.


The principal business of the County Court during the year 1841 was lay- ing out roads or appointing reviewers, overseers, and commissioners; and these gentlemen made the road and canal fund grow small and beautifully less quite rapidly. It seemed that a raid on that fund was the chief object in life that year. There was a cheerful disposition prevalent that one town- ship was not to be allowed to get the start of another in depleting this fund, and so road-making was a lively business. Still, as if that would not alto- gether close it out, the bridges above mentioned were brought to the front; and if there was any one thing in those early days that could get away with the road and canal fund faster than a wooden bridge, it was never discov- ered, and it was not necessary, for the wooden bridges did the work thor- oughly. The pillars placed firmly on a sandy foundation, a few braces left out where they would do the most good, and a freshet, were all that was needed to send a four hundred to a thousand dollar bridge on a voyage of discovery upon the muddy waters of the creeks and streams they once had spanned. These bridges were let to contract in January, 1842, upon the condition that one-third of the cost was to be paid when the work was half done, and the other two-thirds when the bridges were completed. The bridge across the west main fork of Yellow Creek was let to Stephen McCollum at $325, and he was allowed an extra compensation of $10. The east fork bridge was let to John R. Baker, who received $292 for the work.


COMPLETED.


The temporary court-house, so-called, was completed in February, 1842. and Superintendent Hines requested to place the key of the same in the hands of Jeremiah Phillips, sheriff, who, by order of the court, was placed in charge of this fine building. The plans had been considerably altered, four extra windows, brick chimneys and weatherboarding having been added to the original contract. Eight wooden benches were placed in po- sition, furnished by Goodsby Quinn, at a cost of $66.54, which added to the convenience if not to the beauty of the court-room.


After the completion of the court-room the next thing in order was a county seal, and it was concluded to purchase one for both the Circuit as well


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HISTORY OF LINN COUNTY.


as the County Court. The device was to be an eagle engraved in the center of each seal, and the words, State of Missouri. On one the " Linn Circuit Court," over the other the "Linn County Court." These seals were accord- ingly furnished, and the business of the respective courts conducted upon business principles, with the seal attached.


The next township organized was that of Pleasant Hill, May 3, 1842, and this township was, also, located in Sullivan, or what is now Sullivan, county. An election was ordered, and Matthew Kidd's house was designated the voting precinct. Linneus Davis was appointed road-districting justice for the township.


The Bowyer bridge across Locust Creek was completed after nearly seven months' time, by the contractor, Jacob Randolph. He received $700 on the contract, and was paid $60 for extra work, this bridge costing $760 in all.


On a previous page reference was made to the defalcation of John W. Minnis as collector, the sum being small. He, however, settled in full by paying over to Jeremiah Phillips, some time after, the sum of one hundred and fifty-seven dollars, the amount in which he was actually in default after credit had been given him. The original amount charged of $289.99 was an error, as was shown in a previous page of this history, and the final sum in which Sheriff Minnis was in arrear for the years 1840 and 1841. In 1842 Mr. Minnis paid the amount to his successor, as stated above, and the amount was accounted for to the State by Collector Phillips.


The first and only slave property found mentioned in Linn county up to 1845, was in settling the estate of Captain Daniel Flournoy, in December, 1842, when the following order is found of record:


"It is ordered by the court that Robert C. Combs, William Burt, and James Carson be, and they are hereby appointed commissioners to divide estate of the late Captain Daniel Flournoy, deceased, consisting of four slaves named as follows: Frank, Phil, Anna, and Edith, as is coming to a part of said lega- tees, to-wit, Virginia Ann Williams, formerly Virginia Ann Flournoy. And it is further ordered that the clerk deliver a copy of this order to John G. Flournoy, agent for the guardian of the said Virginia Ann Williams."


School district number two was organized September 16, 1843, being congressional township fifty-nine, range twenty, and district number one, was organized June 24, 1843, being township fifty-eight, range twenty, while district number three, township fifty-seven, range twenty, was not organized until June, 1844, on the third Saturday of that month.


A GENERAL SETTLEMENT.


There was a general overhauling of county affairs at the May term, 1843, and the financial condition of the county was looked after, and the balances on the different funds reported due, or the amount short ascertained.


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HISTORY OF LINN COUNTY.


The first settlement was with the treasurer, David Prewitt of the


ROAD AND CANAL FUND,


and his exhibit was as follows:


Amount of notes received $ 867.98


Amount received of State Treasurer 810.00


Amount of premium on $300 15.00


Amount of State Treasurer 298.75


$ 1,991.70


EXPENDITURES.


Amount paid out to August term, 1841 $ 30.75


Paid out to May term, 1842


523.78


Paid out to May term, 1843


1,232.40 $1,786.93


$ 204.80


There was also due to this fund on money loaned out in


notes and interest to June 1, 1843 467.86


$ 672.66


The school fund amounted to. . $5,584.42


And there was due on back interest to this fund up to January 1, 1843. 256.15


Total township school fund $5,840.57


The expenditures of the county for 1842 were. $ 884.042


The receipts as per county clerk's statements 714.603


Showing a deficit for the year 1842 $ 169.441


HIGHLAND COUNTY.


The territory north of Linn county to the Iowa line was attached to Linn for all civil and military purposes, and had no particular name until 1843. At the session of the General Assembly of the winter of 1842-43, an act was passed defining the territorial limits of a county of the territory above mentioned, which includes the present county of Sullivan. The county was Highland county, but was not organized into a district municipal gov- ernment until two years afterward. The act reads as follows:


" Be it enacted by the General Assembly of the State of Missouri as follows:


" SECTION 1. All that portion of territory now attached to Linn county in- cluded in the following boundaries; to-wit, beginning at the northeast corner of Linn county, where the same adjoins Adair county, thence with


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HISTORY OF LINN. COUNTY.


the line of Linn county west to the northwest corner of said county of Linn; thence due northi, in the middle of range twenty-two, with the east line of Grundy county, to the line dividing townships sixty-four and sixty- five, to include all of township sixty-four; thence east with the line divid- ing townships sixty-four and sixty-five to the line dividing ranges seventeen and eighteen to include all of range eighteen; thence due-south with said line dividing seventeen and eighteen to the place of beginning, shall be in- cluded in a new county, to be hereafter organized and known by the name of HIGHLAND county.


"SECTION 2. Highland county shall be attached to Linn for all civil and military purposes, until otherwise ordered by law.


"SECTION 3. The revenue levied and collected by the county of Linn, for county purposes, within the aforesaid county of Linn, after deducting the expenses of assessing and collecting the same, and all the expenses which may arise from criminal prosecutions, originating in the county of Highland, shall be reserved for the use of Highland county, and shall be paid over to said county by the County Court of Linn county whenever the said county of Highland may be organized. This to take effect from its passage.


"Approved February 17, 1843."


The first charge recorded for assessing the territory attached to Linn county was at the June term of the County Court held on the 29th. The county of Highland, so called until organized as Sullivan county, was charged $33.50 for the assessment of 1844; the county of Linn proper had the amount of $37.75 charged to its expense account.


MINOR.


How they arranged for the present and future of minors may be gath- ered from the following order:


"It is ordered by the court that Frederick Hester be and he is hereby appointed guardian for Daniel Franklin Clary, minor and heir of Henderson Clary, and that the said guardian bind the said minor to Levi Moore upon the following conditions; to-wit, the said Moore is to school said minor to read and write, and in arithmetic to understand the 'rule of three,' to clothe said minor with sufficient clothing, lodging, and diet until he shall become twenty-one years of age, at which time the said Moore is to fur- nish said ininor two suits of common clothing, and one suit of fine cloth, which is to be worth twenty dollars, and a horse, saddle, and bridle to be worth sixty dollars."


This was the order, but the age of the minor was not given when bound out.


In 1844 the census of Linn county was ordered to be taken by the State


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HISTORY OF LINN COUNTY.


and Wharton R. Barton was ordered to do the work, for which he received $75. What the population of the county was, however, is not of record.


On December 23d, 1844, the remainder of the town lots of Linneus was ordered to be sold by the county commissioner, Charles A. Fore, who had the county seat property in charge. Commissioners had been appointed to appraise all the remaining lots, and the price must equal the appraisement; if not, they were not to be sold, but Commissioner Fore was authorized to sell them at private sale at their appraised valuation. The terms of sale was two equal installments at twelve and twenty-four months from date of sale, drawing ten per cent until paid, with security. Deed to be given when first installment and interest were paid in full. The lots were sold on the ground and not at the court-house door. This was done, undoubtedly, to locate the lot, and the purchaser to know exactly the ground he bought. The report of the sale was filed February 7, 1845.


The first contested election case which occurred in the county was in Pleasant Hill township, in February, 1844. William J. Cornett contested the election of John Spencer as justice of the peace for said township, and the court decided in favor of said Cornett, he receiving his commission with full authority to be designated as "Squire" Cornett thereafter.


A TRANSFIGURATION.


Just before closing the County Court on the 6th day of May, 1845, the judges had the following order placed upon record; to-wit,


" It is ordered by the court that Linn county be divided into seven (7) municipal townships, and it is further ordered that Hiram E. Hurlbut, Joseph W. McCormack, Thompson K. Neal, Stephen McCollum, and Samuel Baker, be, and are hereby appointed as commissioners to lay off said county into seven municipal townships, and that the said commissioners shall meet at the court-house in the town of Linneus, on the second Monday of July next in order to make said townships, and that said commissioners designate the townships' boundaries by water-courses, range lines, township lines and sec- tional lines. Referred to acts of 26th of January, 1845, and that they make reports to this court at the next regular term thereof, and that the sheriff notify them of their appointment."


The Commissioners failed to report in July, but on the 5th day of No- vember, 1845, they brought in the following report of the boundary lines of the seven townships designated below. These townships were all in Linn county, proper, the county of Sullivan having been organized February 16, 1845, out of the territory of Linn county, called Highland county previous to its organization, and the name of Sullivan given to it. The report was approved by the court.


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HISTORY OF LINN COUNTY.


METES AND BOUNDS.


"It is ordered by the court here that there be seven municipal townships laid off in Linn county; to-wit,


" Yellow Creek township-Commencing at the southeast corner of town- ship fifty-seven, of range eighteen west, thence west with said line to the section line dividing thirty-four and thirty-five, township fifty-seven, of range nineteen; thence north with said line to the line dividing sections fif- teen and twenty-two, in township fifty-eight, of range nineteen; thence west with said line to the line dividing sections twenty-one and twenty, township fifty-eight, of range nineteen; thence north to the township line dividing townships fifty-eight and fifty-nine; thence east on said line to the county line between Linn and Macon counties; thence south along said line to the beginning.


" Baker township- Commencing at the southeast corner of township fifty-nine, of range eighteen; thence west to the section line dividing thirty- two and thirty-three, in township fifty-nine, of range nineteen ; thence north to the county line between Linn and Sullivan counties; thence east to the county line between Linn and Macon counties; thence south along said line to the beginning.


" Benton township -- Commencing at the southeast corner of section eight, in township fifty-nine, of range nineteen; thence west along said line to the middle of the channel of the main Locust Creek; thence up said creek to the mouth of the west fork of said creek; thence up the said west fork in the middle of said channel thereof north to the county line between Linn and Sullivan counties; thence east along said line to the section line divid- ing sections eight and nine, township sixty, range nineteen; thence south along said line to the beginning.


" Jackson township-Commencing in the middle of the channel of main Locust Creek where the township line divides townships fifty-eight and fif- ty-nine, of range twenty-one; thence west along said line to the county line between Linn and Livingston counties; thence north to the county line di- viding Linn and Sullivan counties; thence east along said line to the mid- dle of the channel of the west fork of Locust Creek; thence down the same to the main Locust Creek to the beginning.


" Parson Creek township-Commencing in the middle of the channel of main Locust Creek on the county line between Linn and Chariton coun- ties; thence west to the southwest corner of Linn county; thence north along the county line between Linn and Livingston counties to the town- ship line dividing townships fifty-eight and fifty-nine; thence east along said line to the middle of the channel of main Locust Creek; thence down the same to the place of beginning.


" Jefferson township-Commencing at the southeast corner of section


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HISTORY OF LINN COUNTY.


thirty-four, of township fifty-seven, of range nineteen; thence west along the county line to the middle of the channel of the main Locust Creek; thence up the middle of the channel of said creek to the section line divid- ing sections fourteen and twenty-three, in township fifty-eight, of range twenty-one; thence east along said line to the section line between sections twenty two and twenty-three, in township fifty-eight, of range nineteen; thence south along said line to the place of beginning.


" Locust Creek township-Commencing at the southeast corner of sec- tion seventeen, in township fifty-eight, of range nineteen; thence west along said line to the middle of the channel of the main Locust Creek; thence up the same in the middle of the channel to the section line divid- ing sections eleven and fourteen, in township fifty-nine, of range twenty- one; thence east along said line to the northeast corner of section seventeen, of township fifty-nine, of range nineteen; thence south to the place of be- ginning."


The voting precincts of these seven townships were located as follows:


Yellow Creek, at the house of Sampson Wyatt.


Baker, at the house of Samuel Boyles.


Benton, at the house of William Gibson.


Jackson, at the house of John S. Reed.


Parson Creek, at the house of Seth Botts, Jr.


Jefferson, at the house of Matthias Lockridge.


Locust Creek, at the court-house in the town of Linneus.


CHAPTER VII.


INTENDED AS A TEMPLE OF JUSTICE-THE NEW COURT- HOUSE.


That Miserable Structure, the "Log " Court-house-Pride Takes Advance Steps-$4,000 to Assert the New Dignity Assumed by the People-Order for the Building of a New Temple of Justice-Bridges-Receipts and Expenditures-Change of Court-house Super- intendents-First Public Administrator-Town and County-Court-House Finished, October 16, 1848-Good Showing-Paying Back Borrowed Money, and the Interest Ex- ceeds the Principal-Railroad Fever-Donation of $200 for the H. d. S. J. Survey- The First Primary-The New Jail-Another Donation to the H. & S. J., $500, and Right of Way Granted, Subscription, etc .- Several Items-Baker Township-Enterprise Township-1858 and 1860.


NEW COURT-HOUSE.


The county seemed to be progressing in a general way, and a disposition began to exhibit itself to look with contempt upon the building known as the "temporary court-house." This feeling seemed to grow and expand to


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HISTORY OF LINN COUNTY.


such a degree as to call for the action of the County Court. A new court- house was the prevailing cry, and at last the court felt the pressure and came to the rescue of the citizens of Linneus by issuing the following order:


"It is ordered by the court that Thomas Barbee be, and he is hereby ap- pointed to prepare and submit to this court, at the next regular term thereof a plan for the building of a court-house to be in the town of Linneus, the dimensions thereof and the materials of which it is to be built, with an estimate of the cost thereof, and that the sheriff notify him of his appoint- ment."


This order was made of record March 4, 1846, and at the same time an- other order was made to the effect that a commission " make out a true statement, as near as they can, of all moneys due from the town-lot fund, and the condition of all lots in said town of Linneus belonging to the county of Linn." There had been several sales, and several orders counter- manding sales, and some had paid, others not, leaving the town of Linnens in a rather mixed condition as regarded her real estate affairs with the county. With this condition of affairs the above order was to deal. The commissioners made their report through Charles A. Fore, county commis- sioner for the town of Linneus, June 29, 1846, and the same was filed.


APPROPRIATED, $4,000.


An appropriation was made July 1, 1846, of $4,000, for the building of a new court-house in the town of Linnens, Linn county, Missouri, as the order reads, and the same was to be built on the center of the public square in said town. William Sanders, Hiram E. Hurlbut, and Daniel Grace, were to superintend its construction.


After the election, which came off in August, a new County Court ap- peared and at their session September 2, 1846, they made an order relieving Hiram E. Hurlbut and Daniel Grace from acting as commissioner. There was nothing said about William Sanders being discharged, but he was ap- pointed bridge commissioner to superintend the construction of a bridge across Long Branch on the State road to Macon county, and one also across Big Muddy Creek on the State road leading to Brunswick. Repairs of the Locust Creek bridge and across East Yellow Creek were ordered made and fifty dollars was appropriated. William Sanders was to look after these repairs also.


William Sanders, the remaining court-house commissioner, reported a plan and specifications for the new court-house, which were approved and placed on file. The court then issued, May 14, 1847, the following order, which is found on page 203 of record book B, County Court records:


" It is ordered by the court here, that whereas the sum of four thousand dollars has been appropriated by this court for the purpose of building a


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HISTORY OF LINN COUNTY.


court-house in the town of Linneus in said county of Linn, according to a plan submitted to and approved by this court, to be paid out of the town- lot fund of said county; and whereas, also, William Sanders was appointed by this court a superintendent of public buildings for said county for the pur- pose of building said court-house aforesaid; now, therefore, whenever said superintendent shall report to' this court that one-third of the necessary work in and about said house is completed according to the plans in pursu- ance of any contract by him entered into according to law for the erection of said court-house, with any person as the undertaker thereof, a warrant shall issue upon the county treasurer in favor of said undertaker, on the town- lot fund of said county appropriated for the erection of said court-house, for the one-third part of the whole sum that may have been agreed upon between said superintendent and said undertaker, as the price to be paid by the county for erecting said court-house, and so on when he the said super- intendent shall report that one other third part of said work is completed, another warrant to issue in like manner, and when the said superintendent shall report to this court, according to law, that said work is completed according to the terms of any contract that he may have entered into ac- cording to law as aforesaid, a warrant shall issue in like manner for the remaining third part, as to make the whole sum payable in three equal installments."


ITEMS.


A bridge across Big Muddy cost $40 and one across Long Branch $69, were completed by May 1, 1847.


The County Court ordered the last sale of lots of the town of Linneus on the first Monday in May, 1847, to continue from day to day until all were sold. The town lots of the county had been a sort of elephant on their hands and they proposed to get rid of it. The lots sold brought the sum of $1,504.45 on the 3d and 4th days of May, and in August $98.25 more was sold.




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