Audrain County, Missouri - Chapter 3: Early Records, 1884

Chapter 3: Early Records

First County Court - County Court Justices Produce their Commissions - First Order - An Incident - James Harrison Appointed President of the Court - The County Divided into Townships - Different Elections Ordered in the Various Townships - James E. Fenton Granted a License to Sell Liquor - Ackley Day Appointed Commissioner to Lay Out Mexico - John A. Henderson Appointed Treasurer - Commissioners Appointed to Superintend the Building of a Court- House - The Boundary of Salt River Township Changed - The First Petition for a Road Presented - First Sale of Town Lots - County Expenses - First Elections - First Circuit Court - Its Organization - First Cases - First Grand Jury - First Attorneys - First Indictment - Instructions to the Jury - The Verdict - Powell's Sentence - First Deed Recorded - Early Marriages - Public Buildings - Court- Houses - County Poor Farm.

Be it remembered that on Monday the 6th day of February, in the year 1837, at the house of Edward Jennings, in the county of Audrain and town of New Mexico, James Harrison and James E. Fen¬ ton, Esqs . , produced their commissions from his Excellency, the Gov¬ ernor of the State of Missouri, appointing them county justices in and for the said county of Audrain, which, together with the certificate of their qualifications, was duly read. Whereupon, proclamations being made by William Levaugh, elisor, court was duly opened and pro¬ ceeded to business. James Jackson, the person commissioned by the Governor as sheriff of said county, having failed and refused to qualify - and thereupon Joel Haynes of the said county of Audrain and State aforesaid, was by the court appointed clerk of the county court of Audrain county, and thereupon the said Haynes took the necessary oath required by law, and together with John B. Morris, George W. Turley and James Jackson as his securities, entered into an acknowledged bond in the penal sum ot $5,000, for the due and faithful discharge of the duties of said office, which said bond follows in the words and figures to wit : -

Jackson, securities, are held and firmly bound to the Governor of the State of Missouri in the penal sum of $5,000, for the payment of which, well and truly to be made, we bind ourselves and each of us, our heirs and administrators, firmly bv these pres¬ ents, signed with our hands and seals dated at Mexico, this 6th day of February, 1837.

to be performed by him, as clerk of the county court of Audrain county, and pay over all money which may come to his hands, by virtue of his office ; that he, his executors and administrators will de¬ liver to his successor safe and undefaced, all books, papers, records, seals, apparatus and furniture, appertaining to his office; then the above bond to he void. Otherwise to remain in full force and virtue. Signed, sealed and delivered in the presence of Joseph Pearson and John Turner.

The first order made by the court was an order granting James E. Fenton, one of the justices of the court, a license to sell spirituous liquors.

The Order

On the motion of James E. Fenton, leave is granted him for sell¬ ing and retailing spirituous liquors and groceries at his house, in the town of New Mexico, in this county, for six months from the 17th day of December, 1836, upon his paying a tax of five dollars ; also a tax of one-eighth per cent on every $150.

An Incident

Mr. Fenton, the justice to whom the order referred to above was granted, kept a tavern in Mexico. In 1839, Samuel Newland, who re¬ sided near Fulton, in company with several of his neighbors, came to Fenton's tavern, on their way to Palmyra, Mo., on business, late one afternoon and put up for the night. Their coats and saddle bags were put into a closet and locked up, and Fenton carried the key. New¬ land was not pleased with the fare. Next morning the party paid their bills, called for their coats and saddle bags, and thought strange of finding them under lock and key, and took it rather as a reflection on their honor, and as an insinuation that they would leave without paying their bills. To set matters right, Fenton apologized to his guests and said no insult was intended; that he did so to protect them from the rats, with which his house was terribly afflicted. Newland said if Fenton would treat his company to liquor, he would give him a receipt which he would guarantee would free his house from the presence of every rat in it. Fenton agreed to this, set out his bottle, and after they had all drank, Newland turning to Fenton said - " Just

First. - Beginning at the north-west corner of township 52 ; thence east with said township line, between ranges 9 and 10 ; thence south with said range line to the township between townships 51 and 52 ; thence west to the range line between ranges 12 and 13 ; thence north to the beginning, shall be known by the name of Sating town¬ ship.

No. Second - Known by the name of Wilson township. Beginning on the range line between 9 and 10 ; thence south with said line to the township line between 49 and 50 ; thence west to the Boone county line ; thence north with said line to the township line between 51 and 52 ; thence east with said line to the beginning.

No. Third - Beginning on the range line between 9 and 10; thence south with said range line to where it intersects the township line 49 and 50 ; thence east to Avhere it intersects the section line between 8 and 9 ; thence north with said line to where it intersects the township line between 52 and 53 ; thence west with said township line to the beginning, shall be known by the name of Salt River township.

No. Fourth - Prairie township - Beginning at the north-east corner of Salt River township ; thence east to west line of Pike county ; thence south with said line to the township line between 50 and 51 ; thence west to the section line one mile east of the range line, between 8 and 9 ; thence north with said line to the beginning.

No. Fifth - Loutre township - Beginning at the section one mile east of the range line, between 8 and 9, on the township line between 50 and 51 ; thence east with said township line to where it intersects the range line between 4 and 5 ; thence south with said township line to where it intersects the township line between townships 49 and 50 ; thence west with said township line to the sec¬ tion line one mile east of the range line between ranges 8 and 9 ; thence north with said line to the beginning.

The court then ordered an election to be held on the 28th of Febru¬ ary, at the house of John J. Lorton, in Loutre township, for the pur¬ pose of electing two justices of the peace and two constables. William McCormack and Andrew B. Hays were appointed judges of the elec¬ tion.

The election in Prairie township was to be held at the house of Isham Willingham. Isham Willingham, William B. Evans and Daniel Mc- Swain were the judges.

The election for Salt River township was held at the house of James E. Fenton. Thomas Kilgore, George L. Smith and John C. Martin were the judges.

The next term of the court commenced March 20, 1837, all the judges being present. Ackley Day was appointed commissioner to lay off the town of New Mexico, and dispose of the lots.

George W. Turley and James E. Fenton were appointed commis¬ sioners to superintend the building of a temporary court house upon the north-east corner ot lot number 6, in block number 8, fronting the public square.

ihe first petition for a road was presented by H. W. Hud nail and others, lhis road was to " commence at the west end of Love street, in the town of New Mexico, and extend westvvardly to intersect the road leading from Columbia, at the Paris road, about four miles from James Jennings', crossing the South fork of Salt river, between Ackley Day s and Thomas Hooks', and up the prairie between the bouth fork and Skull lick." Thomas M. Barnett, Isham B. Kilgore and Isham AA illingham, Sr., were appointed commissioners to mark out and view this road.

We would be glad to follow up the proceedings of these primitive county courts, and to draw more largely from the yellow, faded rec¬ ords, which contain their orders, as they met from term to term, but tor want of space, we shall here take our leave of this first tribunal of justice of Audrain county, and briefly refer to another and more ele¬ vated forum, where more important causes were heard and decided.

First Circuit Court

The first term of the Circuit Court within and for Audrain county was commenced in Mexico, March 13, 1837, at the house of Edward Jennings. Hon. P. H. McBride, judge ; James M. Hicks, elisor or sheriff; John Heard, Esq., prosecuting attorney ; Joel Haynes, clerk.

First Grand Jury

The following attorneys were enrolled at this term of the court : John Heard, James R. Abernathy, Sinclair Kirtley, Wm. H. Russell, Henry Cave, Phillip Williams, W. R. Vanarsdall and Thomas Miller.

Among the old cases of indictment, which engaged the attention of the first courts, we find the following: State of Missouri v. Samuel Turner, Betting on Poker. State of Missouri v. Vincent Moore, Bet¬ ting at Three Up.

Among the old attorneys who attended this court we have also the names of John D. S. Dryden, Wm. J. Howell, Preston B. Reed, James H. Tu el, M. C. Goodlet, Z. M. P. Hand, G. H. Burckhartt, J. F. Jones, P. B. McCord, John B. Duncan, T. B. Archer, W. C. Reed, W. R. Jones, Chas. H. Hardin, John Scott, Benj. Sharp, George Dillon, Smith S. Allen, T. J. C. Fagg, Alexander L. Slayback.

First Indictment For Murder

The grand jurors for the State of Missouri impaneled, sworn and charged to inquire in and for the body of the county of Audrain afore¬ said, upon their oaths present that Monroy Powell, late of said county, on the first day of July, in the year of our Lord one thousand eight hundred and forty, with force and arms at the county of Audrain aforesaid, in and upon one George Eubanks, in the peace of the State, then and there being, feloniously, willfully, deliberately, premeditatedly and of his malice aforethought, did make an assault, and that he the said Monroy Powell, with a certain weeding hoe, of the value of one dollar, which he the said Monroy Powell, in both his hands then and there had and held the said George Eubanks, in and upon the back part of the head of him, the said George Eubanks, one mortal wound of the length of three inches, and of the depth of one inch, of which said mortal wound, the said George Eubanks, from the said first day of July, in the year aforesaid, at the county of Audrain aforesaid, did languish, and languishing did live ; on which said sixth day of July in the year aforesaid, the said George Eubanks at the county of Audrain aforesaid, of the said mortal wound, died, and the jurors aforesaid, upon their oaths aforesaid, do say, that the said Monroy Powell, the said George Eubanks in manner and form aforesaid, feloniously, willfully, deliberately, premeditatedly and of his malice aforethought, did kill and murder, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State.

1. The attorney for the State moves the court to instruct the jury, that it they find from the evidence that Monroy Powell inflicted a blow upon the head of George Eubanks, with a deadly weapon which produced his death, they are bound to find the prisoner guilty, unless the jury further find from the evidence, that at the time he so in¬ flicted the blow, there was reasonable cause to apprehend design by George Eubanks to kill him, or to do him some great personal injury, and that there was imminent danger of such design being accomplished at the time the blow was struck, or unless it is clearly shown that he died from bad treatment by his physicians or attendants.

2. That if the jury find from the evidence that Monroy Powell in¬ flicted a blow upon the head of George Eubanks, of which he after¬ wards died, and that at the time the blow was inflicted, there was no reasonable cause to apprehend design by Eubanks to kill him, or do him some great personal injury, and that he was not in imminent danger of being killed by him, or of receiving some great personal in¬ jury at the time he struck the blow, they will find the prisoner guilty, unless it is clearly shown, that he died from bad treatment of physi¬ cians or others.

3. That if the jury find from the evidence that Powell killed Eu¬ banks, they are bound to presume that it was done with malice afore¬ thought, and that it is incumbent on the prisoner to make out by facts and circumstances, to the satisfaction of the jury, the facts and circumstances of alleviation, excuse or justification, unless they arise out of the evidence produced against him.

4. That if the jury find from the evidence that George Eubanks used provoking language to Powell, however aggravated, that is no excuse or justification to Powell to kill Eubanks.

5. That if the jury find from the evidence that Powell inflicted a blow upon George Eubanks, which produced his death a short time thereafter, and that Powell had time to think, and did for a moment or anv other length of time, however short, it may have been before the blow was struck, intend to kill Eubanks, it is a willful, deliberate, pre¬ meditated killing - constituting murder.

6. If the jury are satisfied from the evidence that the wounds in¬ flicted upon the head of George Eubanks, were adequate to produce death, and that Eubanks died of inflammation of the brain or head, or any other disease produced by those wounds, it will be homicide, unless Eubanks died from bad treatment of physicians or other per¬ sons.

7. That if the wounds were in their nature dangerous and upon a vital part, likely to take away life, and that deceased had the prompt attention of surgeons and physicians of such skill and capacity as the county afforded, and that deceased died from inflammation of the brain or head, or any other disease induced by the wounds, it is not enough to raise a doubt whether a different mode of treatment might not have cured the patient, but the accused must clearly show such palpable evidence of mal-practice, as to satisfy the minds of the jurors that Eubanks died of bad treatment - not of the wounds - other¬ wise it will be homicide.

banks died soon after from the wounds inflicted, they will find him guilty of manslaughter in the third degree, unless they find that at the time the blow was struck, there was reasonable cause to appre¬ hend a design by Eubanks to kill him, or to do him some great per¬ sonal injury.

9. That the jury may find under this indictment, the defendant guilty, either of murder in the first or second degree, or of man¬ slaughter.

1. If the jury believe from the evidence that the wound inflicted by Milroy Powell upon the head of George Eubanks was given by the prisoner in self-defense, when there was reasonable cause to ap¬ prehend that Eubanks had a design to do him some great personal injury, then they will acquit the prisoner.

3. That if Milroy Powell involuntarily killed George Eubank not in a cruel or unusual manner in the heat of passion, they should find defendant guilty of manslaughter in the fourth degree - then the punishment would be imprisonment in the penitentiary, or in the county jail, or a fine only in the discretion of the jury, unless they find that said killing was in the lawful defense of prisoner's person - then they should find the defendant not guilty.

4. Before the jury can find the defendant guilty of either murder or manslaughter, they must be satisfied from the evidence, beyond a reasonable doubt, of the guilt of Powell of such crime.

2. That it they believe from the evidence in this cause, that George Eubanks died by mismanagement of physicians, or their nurses, they must find the defendant not guilty.

3. If they believe from the evidence that Powell killed Eubanks involuntarily with a weapon in the heat of passion, it is manslaughter in the fourth degree, unless the jury also finds that Powell did so in self-defense, when there was a reasonable cause to apprehend that Eubanks designed to do him some great personal injury, and there was imminent danger of said design being accomplished.

Verdict

We, the jury, find the defendant, Milroy Powell,* guilty of man¬ slaughter in the fourth degree, and do find him in the sum of three hundred and twenty-five dollars.

Powell was sentenced by the court to six months' imprisonment in the county jail, and was sent to Monroe county for safe keeping. He was, however, released before the expiration of his sentence.

First Deed Recorded

This indenture made this 5th day of February, 1837, between Will¬ iam Wood, of the county of Audrain and State of Missouri, of the one part, and John B. Morris, of the county and State aforesaid, of the other part, witnesseth, that for and in consideration of the sum of one hundred and two dollars and fifty cents, in hand paid to the said William Wood, by the said John B. Morris, the receipt whereof is hereby acknowledged, hath granted, bargained and sold to John B. Morris, the following lot or parcel of land, viz. : The north-east quarter of the south-west quarter of section 36, township 51, and range 9, containing forty acres, be it more or less, to have and to hold with all the appurtenances thereunto belonging to the said John B. Morris, his heirs and assigns forever. And the said William Wood and Isabella Wood, his wife, for themselves, their heirs, executors and adminis¬ trators, covenant and agree to and with the said John B. Morris, to warrant and forever defend the title to the above described lot or parcel of land, with the appurtenances thereunto appertaining. In testimony whereof, the said William Wood and Isabella Wood, his wife, have hereunto set their hands and affixed their seals, the day and year above written.

Early Marriages

Cupid, the god of Love, whose universal sway over the hearts and affections of mankind has been commensurate with the history of our race, earlv manifested his presence among the pioneers ot Audrain county, as will be seen from the following verbatim copies of a few of the certificates of the earlier marriages : -

This is to certify, that I, Michael Perkins, justice of the peace, have solemnized the rites of matrimony between Jesse Robards and Barthena Smith, and joined them together as man and wife, on the 22d day of June, 1837.

I, Benjamin Canterberry, a justice of the peace for Prairie town¬ ship, and county of Audrain aforesaid, do hereby certify that I sol¬ emnized the rites of matrimony between Joseph A. Peery and Harriet Talley, on the 19th of September, 1837 ; both of the county of Audrain. Benjamin Canterberry, J. P.

I do hereby certify that on the 21st of December, 1837, I, the un¬ dersigned, solemnized the rites of matrimony between John Pearson and Mary Barson. J. B. Hatton, J. P.

This is to certify that 011 the 8th day of February, 1838, Lycurgus L. Ramsay and Jane Fenton, in the presence of many witnesses, pre¬ sented themselves before me, a minister of the Gospel, to be joined to¬ gether in the bonds of matrimony, which I did accordingly.

This is to certify that by the authority vested in me, a preacher of the Gospel, I joined together as man and wife, Daniel Patterson, of Monroe county, and Mary Smith, of Audrain county, on the 21st of October, 1837. Archibald Patterson.

I, Greenberry Johnson, a justice of the peace within and for Prairie township, and county aforesaid, do hereby certify that I solemnized the rites of matrimony between Jesse C. Clarkson and Maryan Dicken, on the 16th of April, 1838. Greenberry Johnson, J. P.

primitive days, among the early settlers marriages were the result of love. There was not only a union of hands, but a union of hearts. The pioneer maiden made the faithful wife, and the sturdy backwoods¬ man the fond and trusted husband.

Public Buildings

Notwithstanding the fact that a large number, probably a majority, of the people in every county have very little practical experience in the courts, and although they have the legal capacity to sue and be sued, never improve their opportunities and never appear in court, unless it be on compulsion as witnesses and jurors ; yet as the one great conservator of the peace, and as the final arbiter, in case of in¬ dividual or neighborhood disputes, the court is distinguished above and apart from all and every other institution of the land, and not only the proceedings of the court, but the place of holding the court, is a matter of interest to the average reader. Not only so, but in many counties the court-house was the first and usually the only public building in the county. The first court-houses were not very elaborate buildings, to be sure, but they are enshrined in memories the present can never know. Their uses were general, rather than special, and so constantly were they in use, day and night when the court was in session, for judicial, educational, religious and social purposes, that the doors of the old court-houses, like the gates of gospel grace, stood open, night and day, and the small amount in¬ vested in those old hewn logs and rough benches, returned a much better rate of interest on the investment than do the stately piles of brick or granite which have taken their places. The memorable court-house of early times was a house adapted to a variety of pur¬ poses and had a career of great usefulness.

School was taught, the gospel preached and justice dispensed within its rude, but substantial walls. Then it served frequently as a resting place for weary travelers, and, indeed, its doors always swung on easy hinges.

If the old settlers are to be believed, the old court-houses, when first erected in this Western country, often rang on the pioneer Sab¬ bath with a more stirring eloquence than that which enlivens the pul¬ pits of the present time. Many of the earliest ministers officiated within their walls, and if they could blit speak they would doubtless tell many a strange tale of pioneer religion, that is now lost forever.

To those old court-houses came ministers of different faiths, but all eager to expound the simple truths of a sublime and beautiful religion, and point out for comparison the thorny path of duty and the primrose way of dalliance. Often have the walls of the old court¬ house given back the echoes of those who sang the songs of Zion, and many an erring wanderer has had his heart moved to repentance thereby more strongly than ever by the strains of homely eloquence. With Monday morning the old building changed in character, and men went thither, seeking not the mercy of God, but the justice of man. The scales were held with an even hand. Those who presided knew every man in the county, and they dealt out substantial justice and the broad principles of natural equity prevailed.

Children went there to school and sat at the feet of teachers who knew little more than themselves ; but, however humble the teacher's acquirements, he was hailed as a wise man and benefactor, and his lessons were heeded with attention. The old people of the settlement went there to discuss their own affairs, and learn from visiting: attorneys the news from the great world so far away towards the East. In addition to the orderly assemblies which formally gathered there, other meetings no less notable occurred. It was a sort of a forum, whither all classes of persons went for the purpose of loafing and gossiping, and telling and hearing some new thing.

There is little of the poetic and romantic in the makeup of Western society, and the old court-house, after the building of the new one, ceased to be regarded with reverence and awe. In a new country, where every energy of the people is necessarily employed in the prac¬ tical work of earning a living, and the always urgent and ever present question of bread and butter is up for solution, people cannot be ex¬ pected to devote much time to the poetic and ideal. It therefore fol¬ lows that nothing was retained as a useless relic which could be turned to some utility ; but it is a shame that the people of modern times have such little reverence for the relics of former days. After these houses ceased to lie available for business purposes, they should have been pieserved to have at least witnessed the semi-centennial of the countiy s history. It is sad, in their hurry to grow rich, so few have caie even for the work of their own hands. How many of the early settlers have preserved their first habitations? The sight of that humble cabin would be a source of much consolation in old days, and its presence would go far toward reconciling the present generation with their lot, when comparing its lowly appearance with the modern residence whose extensive apartments are beginning to be too unpre¬ tentious for the enterprising and irrepressible " Young Ameri¬ cans."

Court-Houses

Audrain county has had three court-houses. The first one was erected in 1837. The following is the order of the court in reference to the same : -

It is ordered by the court that George W. Turley and James E. Fenton be and they are hereby appointed commissioners to superin¬ tend the building of a temporary court-house, in the town of New Mexico, upon the north-east corner of lot No. 6, in block No. 8, front¬ ing the public square, of the following description : To be of good white oak hewed logs, one story high, 10 feet between floor and ceil¬ ing; 36 feet long; 18 feet wide, with a partition of logs through it, making one room 22 feet long ; 2 outside doors, 1 inside door, good walnut batten doors ; 4 fifteen light windows ; a good, square, joint floor of plank ; the ceiling to be lathed and plastered, with one good coat of plastering ; cracks chinked and seamed with lime and sand, with a good roof of shingles ; 1 good chimney of brick, 1 plane chim¬ ney piece, and wash board all round. Said house and the said com¬ missioners are hereby authorized and directed to give notice of the building of said house by advertising the same upon some of the most public houses in the town of New Mexico, at least ten days before the letting of said building, which is to be done by crying and knocking off the same to the lowest bidder.

Second Court-House

The second court-house was constructed of brick, and was two stories in height. The building contained four rooms; the court¬ room below and three rooms above. It was commenced in November, 1838, and finished in 1839. The first amount appropriated by the county court, for its erection, was $1,600. Wm. White was the superintendent of the building. This served the county until the present and was erected. This was commenced June 17, 1868, and finished in 1869, at a cost of $42,870.71. It is brick, two stories high, and contains ten rooms, including the court-room, which is in the second story. E. P. Cunningham was the superintendent. The building is large and imposing in appearance, and is surmounted by an attractive and substantial dome, which contains a town clock, the face of which may be seen at a considerable distance. When the clock strikes the hours, its intonations may be heard, on a calm, clear day, throughout every portion of the city, thus making it a matter of convenience as well as of great practical utility to business men, to mechanics, to laboring men of all classes, and to housekeepers.

County Poor Farm

The county poor farm was purchased in July, 1870, and includes the S. W. of N. W. and the N. W. of the S. W. of section 21, and the N. E. of the S. E. of section 20, township 51, range 9.

The county was originally divided into five townships, to wit : Saling, Wilson, Salt River, Prairie and Loutre. The townships of Linn and Cuivre have since been added, making seven municipal townships. Salt River is the largest and contains an area of 153 square miles, and extends the entire width of the county. It occu¬ pies the central portion of the same, and contains the seat of justice. Loutre and Linn are the smallest, each being about 54 square miles in extent.

Before proceeding any further, we deem it proper, since we are about to enter upon the history of the townships, to give some expla¬ nations of the county and township systems, and government surveys, as much depends in business and civil transactions upon county limits and county organizations.

With regard to the origin of dividing individual States into county and township organizations, which, in an important measure, should have the power and opportunity of transacting their own business and governing themselves, under the approval of, and subject to, the State and general government, of which they both form a part, we quote from Elijah M. Haines, who is considered good authority on the subject.

" The county system originated with Virginia, whose early settlers soon became large landed proprietors, aristocratic in feeling, living apart in almost baronial magnificence, on their own estates, and own¬ ing the laboring part of the population. Thus the materials for a town were not at hand ; the voters being thinly distributed over a great area. 123

"The county organization, where a few influential men managed the wholesale business of a community, retaining their places almost at their pleasure, scarcely responsible at all, except in name, and per¬ mitted to conduct the county concerns as their ideas or wishes might direct, was moreover consonant with their recollections or traditions of the judicial and social dignities of the landed aristocracy of Eng¬ land, in descent from whom the Virginia gentleman felt so much pride. In 1834, eight counties were organized in Virginia, and the system extending throughout the State, spread into all the Southern States, and some of the Northern States ; unless we except the nearly similar division into ' districts,' in South Carolina, and that into * parishes' in Louisiana, from the French laws.

"Illinois, which, with its vast additional territory, became a county of Virginia, on its conquest by Gen. George Rogers Clark, retained the county organization, which was formerly extended over the State by the constitution of 1818, and continued in exclusive use until the constitution of 1848. Under this system, as in other States adopting it, much local business was transacted by the commission¬ ers in each county, who constituted a county court, with quarterly sessions.

" During the period ending with the constitution of 1847, a large portion of the State had become filled up with a population of New England birth or character, daily growing more and more compact and dissatisfied with the comparatively arbitrary and inefficient county system. It was maintained by the people that the heavily populated districts would always control the election of the commissioners to the disadvantage of the more thinly populated sections - in short, that under that system ' equal and exact justice' to all parts of the county could not be secured.

"The first legal enactment concerning the system provided that, whereas, ' particular townships have many things which concern only themselves and the ordering of their own affairs, and disposing of business in their own town,' therefore the ' freemen of every town¬ ship, or a majority part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said town, to grant lots, and to make such orders as may concern the well order¬ ing of their own towns not repugnant to the laws and orders estab¬ lished by the general court.'

" They might also," says Mr. Haines, "impose fines of not more than twenty shillings, and ' choose their own particular officers, as constables, surveyors for the highway and the like.'

" Evidently this enactment relieved the general court of a mass of municipal details without any danger to the power of that bodv in controlling general measures of public policy.

" The New England colonies were first governed by a general court or legislature, composed of a Governor and a small council, which court consisted of the most influential inhabitants, and possessed and exercised both legislative and judicial powers, which were limited only by the wisdom of the holders.

" They made laws, ordered their execution by officers, tried and decided civil and criminal causes, enacted all manner of municipal regulations, and, in fact, did all the public business of the colony."

Similar provisions for the incorporation of towns were made in the first constitution in Connecticut, adopted in 1639, and the plan of township organization, as experience proved its remarkable economy, efficiency and adaptation to the requirements of a free and intelligent people, became universal throughout New England, and went west¬ ward with the immigrants from New England into New York, Ohio, and other Western States.

Thus we find that the valuable system of county, township and town organizations had been thoroughly tried and proven long before there was need of adopting it in Missouri, or any of the broad region west of the Mississippi river. But as the new country began to be opened, and as Eastern people began to move westward across the mighty river, and formed thick settlements along its western bank, the Territory and State, and county and township organizations soon followed in quick succession, and those different systems became more or less improved, according as deemed necessary by the experience and judgment and demands of the people, until they have arrived at the present stage of advancement and efficiency. In the settlement of the Territory of Missouri, the Legislature began by organizing counties on the Mississippi river. As each new county was formed, it was made to include under legal jurisdiction all the country bor¬ dering west of it, and required to grant to the actual settlers electoral privileges and an equal share of the county government with those who properly lived in the geographical limits of the county.

The counties first organized along the eastern borders of the State were given for a short time jurisdiction over the lands and settlements adjoining each on the west, until these localities became sufficiently settled to support organizations of their own.

Government Surveys

No person can intelligently understand the history of a country without at the same time knowing its geography, and in order that a clear and correct idea of the geography of Audrain county may be obtained from the language already used in defining different localities and pieces of land, we insert herewith the plan of government surveys as given in Mr. E. A. Hickman's property map of Jackson county, Missouri : -

" Previous to the formation of our present Government, the eastern portion of North America consisted of a number of British colonies, the territory of which was granted in larije tracts to British noblemen. By treaty of 1783, these grants were acknowledged as valid by the colonies. After the Revolutionary War, when these colonies were acknowledged independent States, all public domain within their boundaries was acknowledged to be the property of the colony within the bounds of which said domain was situated.

" Virgina claimed all the north-western territory, including what is now known as Wisconsin, Michigan, Ohio, Kentucky, Indiana and Illinois. After a meeting of the representatives of the various States to form a Union, Virginia ceded the north-west territory to the United States government. This took place in 1784; then all this north¬ west territory became government land. It comprised all south of the lakes and east of the Mississippi river and north and west of the States having definite boundary lines. This territory had been known as New France, and had been ceded by France to England in 1768. In the year 1803, Napoleon Bonaparte sold to the United States all territory west of the Mississippi river and north of Mexico, extending to the Rocky mountains.

" While the public domain was the property of the colonies, it was disposed of as follows : Each individual caused the tract he desired to purchase to be surveyed and platted. A copy of the survey was then filed with the registrar of lands, when, by paying into the State or Colonial treasury an agreed price, the purchaser received a patent for the land. This method of disposing of public lands made law suits numerous, owing to different surveys often including the same ground. To avoid the difficulties and effect a general measurement of the territories, the United States adopted the present mode or system of land surveys, a description of which we give, as follows : -

" In an unsurveyed region, a point of marked and changeless topo¬ graphical features is selected as an initial point. The exact latitude and longitude of this point is ascertained by astronomical observation, and a suitable monument of iron or stone to perpetuate the position is there reared. Through this point a true north and south line is run, which is called a principal meridian . This principal meridian may be extended north and south any desired distance. Along this line are placed, at distances of one-half mile from each other, posts of wood or stone, or mounds of earth. These posts are said to establish the line, and are called section and quarter section posts. Principal meridians are numbered in the order in which they are established. Through the same initial point from which the principal meridian was surveyed, another line is now run and established by mile and half mile posts, as before, in a true east and west direction. This line is called the base line, and like the principal meridian may be extended indefinitely in either direction. These lines form the basis of the survey of the country into townships and ranges. Township lines extend east and west, parallel with the base line, at distances of six miles from the base line and from each other, dividing the country into strips six miles wide, which strips are called townships. Range lines run north and south, parallel to the principal meridian, dividing the country into strips six miles wide, which strips are called ranges. Township strips are numbered from the base line, and range strips are numbered from the principal meridian. Townships lying north of the base line are ' townships north; ' those on the south are ' town¬ ships south.' The strip lying next the base line is township one, the next one to that township two, and so on. The range strips are num¬ bered in the same manner, .counting from the principal meridian east or west, as the case may be.

"The township and range lines thus divide the country into sixmile squares. Each of these squares is called a congressional town¬ ship. All north and south lines north of the equator approach each other as they extend north, finally meeting at the north pole; there¬ fore north and south lines are not literally parallel. The east and west boundary lines of any range being six miles apart in the latitude of Missouri and Kansas, would, in thirty miles, approach each other at 2.9 chains, or 190 feet. If, therefore, the width of the range when started from the base line is made exactly six miles, it would be 2.9 chains too narrow at the distance of thirty miles, or five townships north. To correct the width of ranges and keep them to the proper width, the range lines are not surveyed in a continuous straight line, like the principal meridian, entirely across the State, but only acioss a limited number of townships, usually five, where the width of the range is corrected by beginning a new line on the side of the lange most distant from the principal meridian, at such a point as will make the range its correct width. All range lines are corrected in the same manner. The east and west township lines on which these correc¬ tions are made are called correction lines, or standard parallels. The surveys of the State of Missouri were made from the fifth principal meridian, which runs throughout the State, and its ranges are num¬ bered from it. The State of Kansas is surveyed and numbered from the sixth. Congressional townships are divided into thirty-six square miles, called sections , and are known by numbers, according to their position. The following diagram shows the order of numbers and the sections in congressional townships : -

" Sections are divided into quarters, eighths and sixteenths, and are described by their position in the section. The full section contains six hundred and forty acres, the quarter one hundred and sixty, the eighth eighty, and the sixteenth forty. In the following diagram of a section, the position designated by a is known as the north-west quarter ; i is the north-east quarter of the north-east quarter ; d would

"Congressional townships, as we have seen, are six- mile squares of land, made by the township and range lines, while civil or municipal townships are civil divisions, made for purposes of government, the one having no reference to the other, though similar in name. On the county map we see both kinds of townships - the congressional usually designated by numbers and in squares ; the municipal or civil township by name and in various forms.

" By the measurement thus made by the government the courses and distances are defined between any two points. St. Louis is in township 44 north, range 8 east, and Independence is in township 49 north, range 32 west; how far, then, are Kansas City and St. Louis apart on a direct line ? St. Louis is forty townships east - 240 miles - and five townships south- - thirty miles; the base and perpendicular of a right-angled triangle, the hypothenuse being the required dis¬ tance."

The " township," as the term is used in common phraseology, in many instances is widely distinguished from that of " town," though many persons persist in confounding the two. "In the United States, many of the States are divided into townships of five, six, seven, or perhaps ten miles square, and the inhabitants of such townships are vested with certain powers for regulating their own affairs, such as repairing roads and providing for the poor. The township is subor¬ dinate to the county." A " town " is simply a collection of houses, either large or small, and opposed to "country."

The most important features connected with this system of town¬ ship surveys should be thoroughly understood by every intelligent farmer and business man ; still there are some points connected with the understandino; of it, which need close and careful attention. The law which established this system required that the north and south lines should correspond exactly with the meridian passing through that point ; also, that each township should be six miles square. To do this would be an utter impossibility, since the figure of the earth causes the meridians to converge toward the pole, making the north line to each township shorter than the south line of the same township. To obviate the errors which are, on this account, constantly occurring, correction lines are established. They are parallels bounding a line of townships on the north, when lying north of the principal base from which the surveys, as they are continued, are laid out anew ; the range lines again starting at correct distances from the principal meri¬ dian. In Michigan these correction lines are repeated at the end of every tenth township, but in Oregon they have been repeated with every fifth township. The instructions to the surveyors have been that each range of townships should be made as much over six miles in width where it closes on to the next correction line north ; and it is further provided that in all cases, where the exterior lines ©f the townships shall exceed, or shall not extend, six miles, the excess of deficiency shall be specially noted, or added to or deducted from the western or northern sections or half sections in such township, ac¬ cording as the error may be in running the lines from east to west, or from south to north. In order to throw the excess of deficiencies on the north and on the west sides of the township, it is necessary to survey the section lines from south to north, on a true meridian, leaving the result in the north line of the township to be governed by the convexity of the earth, and the convergency of the meridians.

Navigable rivers, lakes and islands are " meandered " or surveyed by the compass and chain along the banks. "The instruments em¬ ployed on these surveys, besides the solar compass, are a surveying chain thirty-three feet long, of fifty links, and another of smaller wire, as a standard to be used for correcting the former as often at least as every other day, also eleven tally pins, made of steel, tele¬ scope, targets, tape measure and tools for marking the lines upon trees or stones. In surveying through woods, trees intercepted by the line aie marked with two chips or notches, one on each side ; these are called bight or line trees. Sometimes other trees in the vicinity are blazed on two sides quartering toward the line ; but if some distance fiom the line, the two blazes should be near together on the side fac¬ ing the line. These are found to be permanent marks, not wholly recognizable for many years, but carrying with them their old age by the iing.s ot growth around the blaze, which may at any subsequent time be cut out and counted as years ; and the same are recognized in courts of law as evidence of the date of survey. They cannot be obliterated by cutting down the trees or otherwise without leaving evi¬ dence of the act. Corners are marked upon trees if found at the right spots, or else upon posts set in the ground, and sometimes a monu¬ ment of stones is used for a township corner, and a single stone for section corner ; mounds of earth are made when there are no stones nor timber. The corners of the four adjacent sections are designated by distinct marks cut into a tree, one in each section. These trees, facing the corner, are plainly marked with the letters B. T. (bearing tree) cut into the wood. Notches cut upon the corner posts or trees indicate the number of miles to the outlines of the township, or, if on the boundaries of the township, to the township corners.

Chapter

Its Pioneers and Early Settlers - Vandalia - Its History and First Business Men - Newspapers - Daniel's Bank - Yandalia's Growth - Shipments from August 1, 1882, to August 1, 1883 - Vandalia Triple Alliance - Vandalia Lodge No. 491, A. F. and A. M. - A. 0. U. W. - Vandalia Lodge No. 335, I. O. O. F. - Covenant En¬ campment No. 82, I. O. O. F. - Public Schools - Business Directory - Farber - Business Directory.

About the last of the seventeenth century, a small boy was found in Wales who could give no account of his parents or himself, except that his first name was George. George manifested a fondness for music, and his friends surnamed him Musick, as the word was then spelled. He emigrated to Virginia in the beginning of the eighteenth century, where he raised five sons, viz. : Daniel, George, Alexis, Ephraim and Abraham. He also raised some daughters, but of these we know neither the number nor names. Ephraim married a Miss Roy, and raised a family in Spottsylvania county. He raised two daughters, one of whom married a Jenkins, and one a Cauthorn. He raised four sons, viz. : Abraham, John, Thomas R. and Ephraim. Thomas R. Musick was born October 10,1757. He joined the Baptist church, and commenced preaching at about 17 years of age. He went to North Carolina during the Revolutionary War, where he married Mary-Nevel. Thomas served a part of the time in the American army. He removed to South Carolina in the year 1789, and in 1794, he removed to Barren county. He visited Missouri several times while it was under the Spanish government, and preached in St. Louis county as early as the year 1797. While preaching there he was frequently threatened with violence. In the spring of 1804 he removed with his family to Missouri and settled in St. Louis county, one mile north of the present town of Bridgeton. Shortly afterward he instituted Fee Fee Creek Baptist Church, which was doubtless the first Baptist church west of the Mississippi river, of which he was pastor for many years. In the year of 1823 or 1824 his wife Mary died at home in St. Louis county. Alter the death of his wife, he made his home at the house ol his nephew, Ury Musick, a son of Abraham Musick. He continued to preach in various parts of Missouri and

Illinois until a short time previous to his death, which occurred on the 2d of December, 1842, at the house of Ury Musick. The family of Thomas consisted of three sons and six daughters, viz. : William, Nancy, Lewis, Mary, Charlotte, Sarah, Drucilla, Joyce and Thomas. William died at seven or eight years of age, and Thomas at sixteen ; all the others lived to be grown and married. Lewis Musick was born the 1st day of February, 1784. He came with his father to Missouri in 1804, and married Nancy Martin, who died some years afterward, after which he married Mary Fitzwater. Lewis removed to Pike county in the fall of 1819, and from there to Audrain county in the spring of 1839. From Missouri he went to California, starting on the 15th of April, 1849. He died in Sacramento Valley, October 27, 1849. He was engaged in trading in live stock during the greater part of his life, and in the course of his business, was occupied in driving horses and cattle in various directions, all the way from Texas to Selkirk's colony on North Red river. Lewis raised ten children : Lawson T., Elvira, Lafreuier C., Mary Ann, Charlotte M., Sarah T., Thomas R., Ephraim L., James J., and Mandana A. Lafrenier was born in St. Louis county on the 29th day of July, 1815, and married Jane D. Hayden. He joined the Baptist church in March, 1833, commenced preaching immediately afterward, and was ordained in October, 1835.

John Fike, Sr., of Chatham county, N. C., had Aaron, James, John, Jr., and Nathan. John, Jr., married Mary Rowe, and settled in Ralls county, Mo., in 1817. They had Sally, Hastings, Eliza¬ beth, Aussy H., Nelson, Dillard, Robert, Martha A., and Lucy. Aussy H. married Mary Thompson, and they had a son named John, who married Virginia Fish. Aussy H. Fike was married the second time to Mary Tipton. Martha A. married William Powell, of Mont¬ gomery county, and after his death she married William H. Martin, of Audrain county. Lucy married Caleb Martin, of that county. Nelson, son of John Fike, Sr., married Mary J. Hughes, and settled in Montgomery county. Dillard, his brother, married the widow McConnell, whose maiden name was Ann Scott. Robert married Mecha Holmes, and was afterward killed by lightning.

Josiah Fuget, of Virginia, settled first in Kentucky, and removed from there to Missouri in 1836. He married Jane Musick, and they had Jonathan, Sally, Josiah, Elizabeth, Ellen, Hiram, Polly, Hattie, James, Louisiana, Virginia and Nancy.

Andrew, Janies and Rebecca. Joseph was drafted in the War of 1812, but obtained his exemption papers because he walked in his sleep. He married Nancy Murie, of Kentucky, and they had Thomas, Frank, Ellen and William, all of whom came with their parents to Missouri in 1823, and settled in Ralls county, where they remained 13 years, and then removed to Montgomery county. Thomas married Louisiana Fuget, and they had 10 children. He served as justice of the peace for 16 years. Frank married Nanoy J. Johnson. Ellen was married first to Hiram Fuget, and second to Samuel Davis. William was married first to Phoebe A. McDaniel, and second to Sally Lovelace. All of the above live in Audrain and Montgomery counties.

At an election held in Cuivre township in 1840, the following per¬ sons voted for President and Vice-President of the United States. They were the early settlers of the township: -

Twenty-three miles east of Mexico, and 27 miles west of Louisiana and the Mississippi river, on the Chicago and Alton Railway, is Vandalia, a town of 800 souls, and the most important trading and ship¬ ping point between the cities named. It is 30 miles distant from

Hannibal, on the north, the same distance from Montgomery City on the south, and has in all directions a splendid farming country, rich in grasses, grain fields, herds and farm improvements; and abundantly capable of giving impulse to a city of 4,000 people. The town was laid out in 1870 by Aaron McPike, Judge Caldwell, Amos Ladd and Col. Haden, is substantially and tastefully built and besides a fortu¬ nate location, has two newspapers, three pretty churches, a substan¬ tial and attractive school building, a steam flouring mill and two steam grain elevators, an encampment and lodge of Odd Fellows, a Masonic lodge, and flourishing organizations of the A. O. U. W. and Good Templars. Vandalia is a strong commercial town, the trade in general merchandise, lumber, hardware and farming machinery being very heavy for a town of this class. From 300,000 to 400,000 bushels of grain are annually shipped by the Alton road from this point, the yearly export of live stock closely approximating 275 car loads, and it is probably within the bounds to estimate the total yearly trade of the city, in all lines, at $600,000. Vandalia enjoys a high measure of prosperity in all departments. The municipality is out of debt, with a surplus in the treasury. The merchants are generally substantial men of prime ability and credit, carry large stocks, discount their bills of credit and do business by the best modern methods. The trade of the town is annually increasing by about 25 per cent, and everything about the city indicates solid and permanent thrift.

The first three houses in the town were erected by Aaron McPike, and constructed of lumber hauled from Louisiana, a distance of 36 miles. The first building completed was used as a business house - general store - by King & Bros., who were the pioneer merchants. The next general stock was opened by Pearson & Jeffries. Riney & Bro., operated the first drug store. Charles Hart was the first black¬ smith. Martin Collins opened the first hotel, and was the first car¬ penter in the town. John Keisel was the first shoemaker and Dr. H. S. Walrath, the first physician. Dr. "Walrath's wife taught the first school. The first death was that of Charles Hart, the blacksmith. Judge Foster preached the first sermon. The town has been improv¬ ing rapidly since 1878. It was incorporated in 1874, and was organ¬ ized in 1880, as a city of the fourth class. Among the early business men of the town were : Pearson & Jeffries, Rose & Parker, B. J. Riney, C. P. Pearson, Canter & Co., K. A. Laird, Worsham & John¬ son, Beshears & Hart, Purse, Parker & McPike, J. P. Ladd, Rice Bros.

There are two newspapers in Vandalia. This fact is sufficient of itself to show that the people of the town and vicinity are a reading, reflecting people, and that they believe in supporting and encourag¬ ing newspapers.

One of these papers - the Vandalia Leader - was established in 1875, by J. Linn Ladd, who ran it till April, 1876, when he sold to R. W. Morrow. In the spring of 1877, Mr. Ladd repurchased the paper, and continued to be its proprietor until the winter of 1881, when he sold to White & Simpson. White & Emmons succeeded White & Simpson ; White & Emmons were succeeded by Mr. Emmons, and in May, 1883, Emmons sold to Thos. R. Dodge & Son, who are now the proprietors.

The Argus was started in May, 1883, by Port. A. Emmons, the first issue appearing on the 24th day of that month. They are both excellent country papers, and are Democratic in politics.*

Official statement of the financial condition of Daniel's Bank, at Vandalia, State of Missouri, at the close of business on the of August, 1883.

I, C. G. Daniel, owner of said banking business, do solemnly swear that the above statement is true to the best of my knowledge and belief. C. G. Daniel.

The growth of a town is indicated by the nature of the country sur¬ rounding it, and it is not the town, usually, that springs up like a mushroom, that developes into a point of commercial interest. The town that grows gradually as the country progresses is the place that grows into prominence.

Vandalia was laid out as a town in 1872 and incorporated in 1875, containing 640 acres, since which time it has sustained a gradual growth - a growth which has been a pride to its founders. Taking into consideration the absence of manufactories and other matters which excite the attention of capital, its advancement has been mar¬ velous. Being of this character, it of course has had to depend upon the development and success of agriculture, which, so far, has proved to be equal to the occasion ; and for the past eight years the advance¬ ment in agricultural interests has, indeed, been wonderful ; and to-day these interests indicate far greater gains for the future. With an enter¬ prising class of farmers who push their business with their own hands, own their lands and promptly pay their taxes, the community is bound to prosper.

The prosperity of the past two years has doubled the population of the town and brought thousands of dollars into the community ; and the present season is yet more encouraging. Property in that time has advanced 15 per cent, while taxes have decreased. No town in the State with the same advantages can begin to compare with it, as the shipments and receipts will plainly show : -

Grain Stock

We find that about 50 buildings were erected in 1883, at a cost of about $20,000, as near as it could be calculated, a large portion going to pay the mechanics of our city, who are an excellent class of hard work¬ ing citizens, and yet there is a great cry for residences, and at least 25 dwellings could be rented at a fair price in the next three months.

The above is the sum total of the mercantile trade with the exception of a grocery firm, furniture house, two hotels and two printing offices, which would probably swell the sum to $245,437.00.

Insurance

Our public school has been wonderfully increased in the meantime, necessitating the addition of a fourth room. The number of pupils enrolled are as follows : -

The school, we are pleased to say, is in splendid working order and reflects great credit upon the excellent corps of teachers in charge. The grain and stock shipments for December, 1883, areas follows : -

Vandalia Triple Alliance, Camp No. 79 - Was organized November 10, 1883. The charter members were P. A. Emmons, J. K. Mateer, G. W.Pigg, E. D. Harrison, W. P. Layne, R. T. Seltzer, W. H. Bland, A.

Vandalia Lodge , A. O. XJ. W. - Was organized August 29, 1878, with the following charter members: Geo. H. Smith, J. Linn Ladd, J. W. Balthrope, Jno. Pence, Jno. Schultz, H. H. Zumwalt, J. H. Thole, Jno. Hughes, J. C. Parrish, H. C. Hufhines, A. I. Satterlee, M. C. Pearson, C. P. Pearson, A. W. Robinson, W. H. McFarland, R. H. Johnson. Officers for 1878 - Jno. H. Thole, P. M. W. ; R.

Public Schools

The Vandalia Public School was organized under the village act in April, 1880. The following gentlemen were elected as members of the Board of Education : Mr. S. D. Ely, Pres. ; Hon. C. G. Daniel, clerk; J. F. Crawford, Treas. ; D. L. S. Bland, M. D., Capt. R. S. Alcoke and B. F. Warford. A fine brick school-house, costing about $5,000, was erected, and H. A. Gass and Geo. D. Bowman were employed to take charge of the school.

The next term, beginning September, 1881, was given to IT. A. Gass and Misses Nannie Pulis and Maggy Torreyson. The enrollment this year was 180.

In September, 1882, H. A. Gass again took charge of the school, with Misses Maggy Torreyson and Mamie Clark as assistants. Miss Clark resigned at Christmas, and Mr. L. P. Crigler was employed for the remainder of the term. Enrollment for the year, 206.

September, 1883, H. A. Gass, with Mr. R. T. Martin and Miss Tor¬ reyson, again took charge of the school. So far the enrollment is 190, and the school has become so crowded that it was necessary to have another teacher. The board, therefore, selected Miss Anna Rodney to take charge of the fourth room.

There have been but two changes made in the board since its or¬ ganization under the village act - 'Mr. B. F. Warford moved away, and his place was filled by Mr. Cash Blackburn, who has since been clerk of the board ; Mr. J. F. Crawford also moved away, and Mr. J. M. Culbertson was appointed in his place.

This Ave believe to be one of the best school boards in the State. Under their management the school has grown rapidly, and in a year or two it will be necessary to build an addition to the house. They are liberal with their teachers, and give them all the assistance in their power.

Business Directory

The Argus (weekly), Port. A. Emmons, proprietor; J. W. Balthrope, saloon ; C. Blackburn & Bro., druggists ; Dalzell L. S. Bland, physician; Thomas Binkley, shoe-maker; J. M. Culbertson, grain elevator; Charles G. Daniel, lawyer and banker; Ely & Utteback, hardware; L. M. Burgess, barber; J. H. Thole, blacksmith; R. O. Neeley, contractor; J. H. Terrill, physician; Mrs. G. D. Martin, millinery; J. M. Evans, furniture; I. Roland, produce; S. U. Branstetter, grocer ; Bratton, grocer ; W. E. Riney, livery ; Jesse Barnett, livery; J. D. Hanna, live stock dealer; W. R. Gwillim, har¬ ness and saddlery ; Jno. V. Kisel, shoe-maker ; Geo. W. Daniel, grain dealer; Pearson & Bro., general store ; Lewellyn & Coontz, lumber ; Riney, Roberts & Co., general store ; Alfred W. Robinson, druggist; Jno. A. Smith, general store ;C. E. Blain, saloon and billiards ; Dan¬ iel & To wler, dry goods; Yandalia House, Abraham L. Liter, pro¬ prietor ; Win. W. Watkins, justice of the peace, notary public, real estate agent and lawyer ; Whittaker & Hendrix, blacksmith ; Mrs. L. E. Pigg, millinery store; A. Eddleman, grocer; A. Sickles, blacksmith ; J. R. Pitzer, grocer ; Mrs. D. E. Barnett, millinery ; Iv.

proprietors ; F. Leigle, Central Hotel ; Jno. K. Mateer, hardware ; A. Merged, baker; Hisey & James, grain elevator; John C. Parrish, physician.

T. K. Gilliland, postmaster; Day & Gilliland, general store; Minor, Crow & Lee, general store ; Martin & Llewellyn, drugs ; Crow & Sutton, drugs ; Isaac Kilby, furniture; A. W. Thomas, black¬ smith ; Win. Kinker, blacksmith ; W. Riney, blacksmith ; Mrs. Earhart, Farber Hotel ; J. A. Elzea, hotel ; S. C. Adams, physician ; W. E. White, physician ; - - Blount, physician.

Chapter Yi

Loutre was one of the original townships of the county ; its area, however, was considerably reduced by taking from it a portion of the territory which forms Linn township. It contains fifty-four square miles and is watered by Loutre creek, with one or two of its tributa¬ ries, and bv one of the affluents of Salt river.

Old Settlers

Frederick Vaughan was a soldier of the Revolution and resided in Henry country, Virginia. He married Nancy Boulware, and they had Catherine, Polly, Nancy, Fannie, Patsey, Robertson, Frederick and Martin, all of whom settled in Shelby county, Kentucky. Mar¬ tin, Frederick, Polly, Fannie and Patsey came to Missouri with their parents. Martin was married three times : first, to Rebecca Taylor, second, to Susan Proflit, and third to Caroline Wilborn. He had only three children, and was still living in Audrain county in 1874.

George Douglass, whose parents were Scotch, settled first in Am¬ herst county, Virginia, and removed from there to Bedford county. He married Mary Tucker, and they had Lucinda, David, John, Mur¬ phy, William, Polly, Susannah and Sally. Lucinda, John, Polly and Susannah remained in Virginia, where they married and raised large families. Murphy married and settled in the northern part of Ala¬ bama. William married and settled in Byron county, Kentucky. Sally married John Coward, who settled in Shelby county. David was a soldier in the War of 1812. He married Sally White, a daugh¬ ter of Jacob White and Rebecca Hollaway, by whom he had Nancy, Elizabeth, William B., Louisa, Edward H., Mary A., Martha, Lumira, Sarah, Edith, Robert H., Edna and Keran. William B., who is a minister, settled in Missouri in 1830. He was married in 1832 to Lucy Chick, the ceremony being performed by Es¬ quire Enoch Fruite. They had six sons and two daughters. Mr.

Douglass taught school for some time after he came to Missouri, and he had a great many grown pupils who did not know their letters. It was the fashion then to study out loud in the school¬ room, and each one would try to get his lessons in a louder tone than the others, and sometimes the noise would be so great that it could be heard half a mile. After Mr. Douglass began to preach he was frequently called upon to marry people. On one occasion he went seven miles to marry a couple, through a drenching rain, swim¬ ming several creeks that lay in his route, and returned the same day, for which he received the magnificent sum of fifty cents. He then had to go thirteen miles on a cold rainy day and pay that fifty cents to have the marriage recorded. Such were the trials of pioneer preachers. Edward H. Douglass settled in Audrain county in 1837. He married Mary J. Ogden, of Virginia, by whom he had two sons. He died in 1838. Sarah Douglass married her cousin, Robert Doug¬ lass, and settled in Johnson county, Missouri.

William Hall, of England, settled in Pennsylvania, and was killed by the Indians. His son John married Magdalene Smith, and they had John, William, Matthew, Jesse, Hezekiah, Elisha, Tabitha and Keziah. Elisha married Sarah Bent, and they had ten children. Two of their sons, John and Banks B., settled in Missouri in 1832. John married Elizabeth Moon. She is dead, but he is still living.

Coulbourn Brown, of Pennsylvania, was killed in the Revolutionary War. He had a son named Solomon, who settled in Bourbon county, Kentucky, when he was a boy. He married after he was grown, and had two sons, William and Coulbourn. The former lived and died in Kentucky. Coulbourn married Jane Taylor, who Avas of Irish descent, and the}'- had William, Samuel, Alexander, Clarissa, George, Laban I. T., Coulbourn, Jr., Jane, Milton and Elijah, all of whom, except Alexander and Eliza, settled in Missouri.

Daniel Clark and his Avife, Avho Avas a Miss Shelton, Avere natives of Scotland. They emigrated to America and settled first in Lancaster county, Virginia, from Avhence they removed to Culpeper county, Avhere they both died about 1799. They had six children - William, John, George, Robert, Elizabeth and Polly. William married Eliza¬ beth Hudnall, and settled in Mason county, Virginia, Avhere his Avife died December 14, 1816, and he died at the same place July 4, 1826. Their children Avere John H., Frances S., Jemima J., Elizabeth, Nancy, William M., and Polly A. William M. married Elizabeth H. McMullin, and settled in Audrain county in 1839. Mr. Clark is a good neighbor and citizen, hospitable, industrious and persevering. He

Benton City

Some time (probably a year) previous to the building of the C. & A. R. R. to Mexico, there was talk by the company of running said road through Benton up to Clinton, in Callaway county ; accordingly, one A. G. Mason, from the East, bought 1,300 acres of land where Benton now stands, and on one-half section laid out a handsome town, with a view of inducing the C. & A. to come through here, but failing in this the enterprise was abandoned. Soon after this Samuel Barker moved from Lincoln county, Missouri, and built the first business house here, which was occupied by himself and son, Theodore, as a general store up to 1874, when he rented this building and built another business house, both houses still standing. In June, 1881, Maj. J. S. Rollins, of Columbia, had the town resurveyed and platted and plat recorded. The town embraces about 50 acres.

There are three general stores, to wit: Messrs. Whiteside & Orr, Messrs. Barker & Brett, and Charles Gray. The latter is also express agent and postmaster. There is a grain elevator, owned by Hisey & James, of Mexico ; also another grain house owned by Whiteside & Orr; a hotel and boarding-house, owned by H. N. Neely; a black¬ smith and wagon shop, owned and run by J. A. Lanig ; a neat little school-house, built two 3^ears ago. The Presbyterians will build a church next year. The Presbyterians are the only organized denomi¬ nation in the town.

Co., general store; Gantt & Fish, general store; Rev. W. T. Hen¬ son; O. Kreiger & Co.,ftgrocers ; T. J. Lowder, grocer; Rev. T. J. Marlow ; Andrew Piliala, hardware ; James Murry, hay press ; J. S. Muster, undertaker; Miss Ida Overbagh, milliner; S. V. Overbagh, postmaster; Louis Winters, shoe-maker ; T. D. Owen, lumberyard; M. Rogers & Co., milliners ; C. E. Burchard, railroad and express agent; A. W. Tappscott, justice of the peace; Wm. F. Taylor, physician; J. R. Torreyson, blacksmith; Frank Soil, blacksmith; John Weischouse, blacksmith ; N. F. Aubrey, saddler ; Geo. W. Ousley, livery stable.