Cooper County, Missouri - Chapter 8: From 1819 to 1821, 1919

Chapter 8: From 1819 to 1821

COOPER COUNTY FORMED - FIRST CIRCUIT COURT - FIRST RECORD OF CIRCUIT COURT - MARCH TERM, 1819 - FIRST JUDGE OF ELECTION - FIRST CONSTABLE - JULY TERM, 1819 - FIRST LETTERS OF ADMINISTRATION - FIRST JURY CASE - PROCEEDINGS TO DIVIDE PROPERTY ON WHICH BOONVILLE IS LOCATED.

Two years after the organization of Howard County the immigration began to flow so steadily into the southern part of the county that there was a great demand for the division of Howard County and for the formation of another county south of the Missouri River. Yielding to and in compliance with this demand the territorial Legislature on Dec. 17, 1818, formed the new county of Cooper which included all of Howard County south of the Missouri River or, in other words, that territory included between the Missouri River and the Osage River extending westwardly to the western territorial boundary. This territory embraced what are now eleven whole counties and five parts of counties. However, the limits of Cooper County were gradually decreased by the formation of new counties and in 1845 the boundaries of Cooper County were as they are today. The counties formed from the original territory of Cooper and when organized are as follows: Bates County, Jan. 29, 1841; Benton County, Jan. 3, 1835; Camden County, Jan. 29, 1841; Cass County, Sept. 14, 1835 ; Cole County, Nov. 16, 1820 ; Henry County, Dec. 13, 1834 ; Jackson County, Dec. 15, 1826; Johnson County, Dec. 13, 1834; LaFayette County, Nov. 16, 1820; Miller County, Feb. 26, 1837; Moniteau County, Feb. 14, 1845, being the last county organized from the original Cooper County; Morgan County, Jan. 5, 1833; Pettis County, Jan. 26, 1833; St. Clair County, Jan. 29, 1841; Saline County, Nov. 25, 1820. leaving the present Cooper County with its present boundaries. Only parts of the

Although the act of the territorial Legislature creating the county was passed and approved in Dec, 1818, it was not, in fact, fully organized as a county vested with all the powers, privileges and immunities of a separate and distinct political subdivision until March 1, 1819, when the first Circuit Court was held in the county. The commissioners appointed by the Legislature to locate the county seat were Able Owens, William Wear, Charles Canole, Luke Williams and Julius Emmons.

First Circuit Court. - The act of organization provided, that "the courts to be holden in the said county of Cooper, shall be holden at such place in said county as the commissioners of said county, or a majority of them, shall adjudge most convenient, until a place be fixed on by such commissioners, and a court-house and jail erected thereon; provided, that the first court for said county or Cooper be held at Boonville," and in accordance therewith, the first court of the newly organized county of Cooper, was held in the present limits of the city of Boonville, on the first day of March, 1819. It was held at the boarding-house of William Bartlett, called the Boonville Tavern, which was situated on the flat just east of the mouth of Rupe's branch, and south of the Missouri Pacific passenger station. This court under the territorial laws of Missouri, exercised the present duties of the county, probate and circuit courts. The duties of these three courts continued to be exercised by this one court until the year 1821, when the duties of the probate and county courts were separated from those of the circuit court, and a new court, called the "county court", was organized.

First Record of Circuit Court - March Term 1819. - Be it remembered that on the first day of March in the year 1819 at the house of William Bartlett in the town of Boonville, in the County of Cooper, the place directed by an act of the Legislature of the Territory of Missouri entitled "an act to establishing a part of Howard County into a separate county by the name of Cooper, the Honorable David Todd produced a commission from the governor of this territory appointing him Judge of the Northwestern Circuit of the said territory, as also a certificate of his qualifications which are in the words and figures following, to-wit: Frederick Bates, Secretary of the Territory of Missouri and exercising the government thereof, to all who shall see these presents - Greeting! Know ye that reposing special trust and confidence in the integrity, ability and diligence of David Todd, I do appoint him Judge of the Court of the North- western Circuit, composed of the counties of Cooper, Howard, Montgomery, Lincoln and Pike, and empower him to discharge the duties of the said office according to law: To have and to hold the said office, with all the powers, privileges and emoluments to the same, of right appertaining from and after the first day of February next. In testimony whereof, I have hereunto affixed the seal of the said territory. Given under my hand at St. Louis the first day of January in the year of our Lord 1819 and of the Independence of the United States, the forty-third -

Frederick Bates

Be it remembered that on the first day of February in the year of our Lord 1819 personally came David Todd and took the following oath, to-wit: An oath to support the constitution of the United States, and an oath to discharge the duties of Judge of the Court of the Northwestern Circuit in Missouri Territory to the best of his abilities and understanding and without fraud or partiality.

William McFarland produced in court his commission from the governor of this territory appointing him sheriff of Cooper County in the following words and figures, viz: Frederick Bates, Secretary of the Tei tory of Missouri and exercising the government thereof. To all who shall see these presents, Greetings! Know ye that reposing special trust and confidence in the integrity, ability and diligence of William McFarland, T do appoint him sheriff of the County of Cooper and to administer oaths of office, within and for- the said county and empower him to discharge the duties of said office according to law. To have and to hold the said office, with all the powers, privileges and emoluments to the same of right appertaining for two years from first day of February next unless sooner removed. In testimony whereof, I have hereunto affixed the seal of the territory. Given under my hand at St. Louis the first day of January in the year of our Lord, 1819 and of the independence of the United States the forty-third.

This is to certify that on this 17th day of Feb., 1819, William Mc- Farland personally appeared before me, David Todd, the judge of the said circuit aforesaid including the County of Cooper, and took the oath to support the Constitution of the United States and faithfully to discharge the duties of his office of sheriff of said County of Cooper, according to law. Certified under my hand and seal the date above named.

David Todd

And also a bond executed by him in vacation the words and figures following, to-wit : Know all men by these presents that we William McFarland, Robert Wallace and Jacob McFarland, of the County of Cooper in the Territory of Missouri and held and firmly bound unto William Clark, the governor of the Territory of Missouri, and his successors in office in the penal sum of $5,000, current money of the United States, to which payment well and truly to be made, we and each of us bind ourselves and our heirs executors and administrators jointly and severally firmly by these presents, sealed and dated this 17th day of February in the year 1819.

The condition of the above obligation is such that whereas the above bound, William McFarland hath been appointed and commissioned sheriff of the county of Cooper. Now the said William McFarland shall faithfu'ly discharge the duties appertaining to his said office of sheriff of the said county of Cooper, according to law during his continuance in office, then this obligation to be void else to remain in full force and virtue. William McFarland, Robert Wallace. Witness, David Todd, J. N. McCart.

March Term, 1819. - John S. Brickey produced his commission from the governor of this territory appointing him prosecuting attorney for the Northwestern Circuit, in the words and figures following, to-wit: "Frederick Bates, Secretary of the Territory of Missouri, and exercising the government thereof. To all who shall see these presents, Greeting. Know ye that reposing special trust and confidence in the integrity, abilities and diligence of John S. Brickey, I do appoint him Circuit Attorney for the Northwestern Circuit, composed of the counties of Cooper, Howard,

Montgomery, Lincoln and Pike and empower him to discharge the duties of said office according to law. To have and to hold the said office with all the power, privileges and emoluments to same of right appertaining during the pleasure of the Governor of the Territory. In testimony whereof I have hereunto affixed the seal of the Territory. Given under my hand at St. Louis the first day of January in the year of our Lord 1819 and of the independence of the United States the 43d.

I do hereby certify that the within named John S. Brickey appeared before me this first day of March, in the year 1819 and took the oath to support the Constitution of the United States and also to discharge the duties of prosecuting attorney for the Northwestern Circuit of Missouri Territory according to law.

Samuel Peters foreman and Muke Box, John Savage, James Chambers, Britan Williams, John Roberts, Carroll George, John Davis, James Savage, Clatian Hurt, Joseph Smith, William Gibson, Eliot Henry, Frederick Haux, Thomas Twentyman, William Noland and Delaney Bolin were sworn a Grand Jury of inquest for the body of this county and having received their charge retired and after some time returned and having nothing to present were discharged.

Ordered that process issue against John Cathy, Zephmiah Bell, Henry Geiger, George Cathy, Daniel Doogan and James Campbell, to cause them to appear at our next term to show cause if any they have or can say why the court should not proceed to fine them for not attending at this term as Grand Jurors returnable here at the next term.

Moreaa Township: Beginning at the mouth of Saline Creek thence up the creek till the range line between ranges 15 and 16 strikes it, thence with that line south to the River Osage down the same to its mouth and up the Missouri River to the beginning.

Lamine Township: Beginning at the mouth of Saline Creek thence up the Missouri River to the mouth of Lamine River, thence up the same and its south fork, to where the range line between ranges 21 and 22 strikes the same thence south with said line to Osage River and down the sarrte to range line between 15 and 16 ranges will strike it, thence north with the line to the Saline Creek and down to its mouth, the place of beginning.

Arrow Rock Township: Beginning at the mouth of the Lamine River up the Missouri to where the range line between ranges 20 and 21 strikes the river, thence with said line south to the south fork of Lamine River and down said river to its mouth, the place of beginning.

Miami Township: All that part of Cooper County, bounded on the north by Missouri River, on the east by range line between ranges 20 and 21, on the west by the range line, between ranges 24 and 25, and south by the Osage River and county line.

Tebo Township: All Cooper County bounded north by the River Missouri, east by range line between ranges 24 and 25, west by county and territorial line, and south by Osage River and county line.

First Judge of Election in Cooper. - Ordered that William Weir, John Vertain and John Alexander be appointed judges of the election in Moreau Township and that said elections be held at Paul Whitneys in said township.

Ordered that James Bruffey, Robert Wallace and Benjamin F. Hicock be appointed judges of election in Lamine Township and that said election be held at the house of William Bartlett in said township.

Ordered that William Lillard, Benjamin Chambers and James Anderson be appointed judges of election in Arrow Rock Township and that said election be held at the house of William Cooper in said township.

Ordered that Col. Jno. R. Thomas, Paul Eastes and John Evans be appointed judges of election in the township of Miami, and that such election be held at the house of Andrew Rupels in the said township. (10)

Ordered that Julius Emmans, Gilliad Rupe and Abel Owens be appointed judges of election in the Tebo Township and that such elections be held at the house of Mathew Coxe in the said township.

First Constable Appointed. - This court appoints Paul Whitley constable in the Moreau Township upon his entering into bond and security in the clerks office in the penalty of $500 conditioned according to law.

This court apoints John Potter constable in Lamine Township upon his entering into bond with security in the clerk's office in the penalty of $1,000 conditioned according to law.

This court appoints Jacob Ish constable in Arrow Rock Township upon his entering into bond with security in the clerk's office in the penalty of $800, conditioned according to law.

This court appoints Elisha Eva constable in Miami Township upon his entering into bond with security in the penalty of $400, conditioned as the law directs.

This court appoints Green McCofferty constable in Tebo Township upon his entering into bond with security in the clerk's office in the penalty of $500 conditioned as the law directs.

On the motion of Stephen Turley a license is granted him to keep a public ferry across Lamine River from the north side thereof, in the northeast quarter of section 10 in range 18 and township 48, to the south side of the river and it ordered that he charge and receive only the following rates for transportation, to-wit : For man and horse, 25c ; for each of either, 121/oc for wagons and teams of four horses, if loaded, $1.00; for wagon and team if empty with four horses, 75c; for each 2 wheel carriage with horse, 50c ; for horned cattle, 3c one head ; for meat cattle, 2c per head, and it is further ordered that he pay a tax therefor of five dollars who together with Henry Terrell his security entered into and acknowledges bond in the penalty of $400, conditioned according to law.

On the motion of Bazadeel W. Leving, a license is granted Bazadeel W. Leving, Ward and Parker and Georgia Karr to keep a ferry from the south bank of the Missouri River in section numbered 33 of township numbered 49 of range numbered 15 west - to the opposite bank of the said river and it is ordered that he pay therefor a tax of five dollars and charge and receive only the following rates for transportation, to-wit: For man and horse, 50c; for either, 25c; for four wheeled loaded wagon and team of four horses or more, $3.00 ; if unloaded, $3.00 ; for 2 wheeled carriage and load, $1.00; for homed cattle, 4c per head; for meat cattle, 3c per head - who together with Andrew Reaves their security entered into and acknowledged bond in the penalty of $500, conditioned as the law directs.

On the motion of William McFarland, high sheriff of this county, ordered that Williamson H. Curtis be appointed under sheriff for this county, who took the oath as required by law for an under sheriff.

On the motion of Bazadeel W. Leving who presented a partition for the same therefore' ordered that Richard Stanford, David Troller, William George and Benjamin Clark or any three of whom being first sworn do proceed to view and mark out a way for a road proposed to be opened from the town of Boonville to the bank of the Missouri River opposite the mouth of Moniteau Creek which enters into said Missouri River on the north side and make report to this court as the law directs.

Bird Lockhart and George Tompkins who were appointed to examine the qualifications of the applicants for the office of surveyor, for the County of Cooper made their report, therefore this court doth nominate to the governor of this territory, William Ross as a fit and proper person to discharge the duties of the said office to be commissioned according to law.

On the motion of Andrew Reaves who filed a petition therefor, ordered that Francis Travis, William Lewis and John Savage or any three of whom being first sworn do proceed to view and mark a way for a road beginning on the Missouri River, opposite the mouth of the grand Moniteau from thence in the most direct way towards Potosi so as to intersect the proposed road from Boonville to Potosi, near where it crosses little Moniteau Creek, and make report as the law directs to the court.

John Potter with Ada Morgan and William Ross his securities entered into and acknowledged bond as constable in Lamine Township in the penalty of $1,000 conditioned according to law and also made law as directed by law.

This court appointed James Bruffer, Benjamin F. Hicock and Robert Wallace commissioners to superintend the building of a court house and jail for this county and to perform all other duties as required by the act establishing Cooper County.

On the motion of Peyton Thomas who filed a petition, therefor - Ordered that William Savage, David Reaves, Frederick Haux and Halbert Cole or any three of whom being first sworn do proceed to view and mark

July Term, 1819. - At a court held within and for the county of Cooper, at the house of William Bartlett in the town of Boonville on Monday, the fifth day of July, in the year 1819. Present, the Honorable David Todd, Esq.

Robert P. Clark produced in court a commission from the governor of this territory appointing him clerk of the Circuit Court for the County of Cooper.

Peyton R. Hayden, Esq., produced in court a license and certificate of qualification as an attorney and counselor at law in this territory which was examined by the court. He is therefore allowed to practice as such in this court.

David Burris, Joseph Westbrook and James D. Campbell were sworn a grand jury of inquest for the body of this county and having received their charge retired and after some time returned an indictment against Stanley G. Morgan for assault and battery, a true bill and having more business to consider of, retired.

United States, plaintiff vs. John Cathey, defendant, for contempt. This day came as well the prosecuting attorney as the defendant in his proper person and after hearing the defense of the defendant it is considered that he pay the cost herein expended, therefore it is considered that the United States recover against the said defendant the cost herein expended and defendant may be taken, etc.

Same, plaintiff vs. Henry Geyer, defendant, for contempt. This day came as well the prosecuting attorney as the defendant in his proper person and after hearing the defendant it is considered by the court that he make his fine to the United States by the payment of one dollar and the cost hereof and may be taken, etc.

This day came as well the prosecuting attorney as the defendant in his proper person and after hearing the defendant it is considered by the court that he pay the cost hereof and may be taken, etc.

United States, plaintiff vs. Zephimah Bell, defendant, for contempt. This day came as well the circuit attorney who prosecutes for the United States as the defendant in his proper person and after hearing the defendant it is considered by the court that the said defendant make his fine to the United States by the payment of one dollar and pay the cost herein expended and may be taken, etc.

First Letters of Administration. - On the motion of Joseph Irwin, letters of administration is granted him on the estate of Joseph Irwin, deceased, who made oath and together with David James and William McFarlin his securities entered into and acknowledged bond in the penalty of $4,000 conditioned as the law directs.

On the motion of Joseph Irwin, administrator of the estate of Joseph Irwin, deceased, ordered that Littleberry Estes, John Evans and Anthony Thomas, who being first sworn do inventory and appraise the personal estate and slaves (if any) of the estate of Joseph Irwin, deceased and make return thereof to this court as the law directs.

First Case Tried Before a Jury. - United States, plaintiff vs. Stanley G. Morgan, defendant, case. This day came as well the defendant in discharge of his recognizance as the prosecuting attorney, whereupon the said defendant being arraigned upon the indictment in this cause plead not guilty and for his trial put himself upon God, and his country, and circuit attorney also, whereupon came a jury, viz: William Burk, William Black, Gabriel Titsworth, William Dillard, Michael Hornbeck, Nicholas Houck, William Reed, Alexander Dickson, David Reavis, Frederick Houk, David McGee, and Samuel Peters, who being elected, tried and sworn the truth to say, of and upon the issue joined upon their oaths do say that the defendant is guilty of the assault and battery whereupon it is considered by the court that the said defendant make his fine to the United States by the payment of the sum of five dollars and pay the cost hereof and be taken, etc.

Proceedings to Divide Property on Which BoonviHe is Now Located. - Ada Morgan, plaintiff vs. Mary Gillman and the representative of Charles Lucas, defendant. Petition for division of land. The commissioners appointed by an order of the Howard Circuit Court on the petition of Ada Morgan, to divide the land held jointly between said parties above named returned this day a report of having in part executed said order, and a majority of said commissioners, to- wit: Gray Bynum and Augustus Storis appeared in court and acknowledged the said report to have been signed and executed by them which being examined was approved of by the court and together with the plat of the town of Boonville the lots of which were divided and which plat was returned by them as a part of their report is ordered to be recorded.

William Ross produced in court a commission from the governor of this territory bearing date the 28th day of April 1819, appointing him surveyor of the county of Cooper, who made oath as the law directs, and who together with William Gibson and Stephen Cole his securities entered into and acknowledged bond in penalty of $2,000 conditioned according to law.

At the July term, 1819, the Grand Jury shows activity. The offenses were trivial. The early settlers were gradually learning obedience to written statutes.

The Grand Jury impanelled and sworn this court returned again into court, presented an indictment against John H. Moore and Churchwell Box. Stephen Cole, Jr., Stephen Cole, Sr., and John Roberts "a true bill" and then they retired and after some time returned an indictment against Stanley G. Morgan "a true bill" also an indictment against William Warden "a true bill", also an indictment against Jesse Mann, "a true bill" also an indictment against Isaac Renfro "a true bill" also an indictment against William Bryant, "a true bill", also an indictment against Williamson H. Curtis, "a true bill" also an indictment vs. Samuel Potter, "a true bill" and having nothing further to present, were discharged.

Further reproductions of the records of the court would doubtless be wearisome to the reader. There were a number of petitions for roads presented and as one would judge from the licenses issued for the establishment of ferries across the Missouri River and other streams it would verify the fact that immigration south of the Missouri River was increasing from day to day.

That the settlers were beginning to feel the force and effect of written statutes and courts is evidenced by the fact that at the March term, 1820, the following men were indicted by the Grand Jury for swearing: Jesse Mann, Isaac Renfro, William Warden, William Bryant, Thomas Brown, Stephen Tate, John S. Moreland, David Fine. This action, however, seemed to be more to caution than to punish. These indictments were afterwards dismissed by the court for want of jurisdiction.

Up to Jan. 23, 1821, the following attorneys were enrolled and practicing in this coui't: Peyton R. Hayden, being the first enrolled; George Tompkins, John S. Brickey, Cyrus Edwards, John S. Mitchell, Hamilton R. Gamble, Andrew McGirk, Robert McGavock, Abiel Leonard, John F.

Ryland, Arinstedd A. Grundy, Dabney Carr, William J. Redd and John Payne. Among these we find the names of many who afterwards occupied offices of trust in the state of Missouri. Indeed, all of them are noted as being fine lawyers and honorable men.

The records of the court show that during the year 1819, there were but four peddlers and six merchants within the limits of Cooper County, and that the total amount of revenue on the tax-book for 1819, as charged to William Curtis, sheriff, at the July term of this court, 1819, was $488.34.

All these terms of court were held at William Bartlett's boarding house called the Tavern of Boonville. This was but a crude log cabin but answered well the purpose of those early days. During the year 1819 there were but seven marriage certificates recorded. We herewith give some of the (jrst marriages. On the 11th day of February, 1819, John Turner and Nancy Campbell were united in marriage by Benjamin Procter, a minister of the gospel. On the 3d day of May, 1819, Peyton Newlin, M. G., joined together in the bonds of matrimony, John Smith and Sally McMahan. William Weir, on the 28th day of June, 1819, solemnized the nuptials of Jeremiah Meadows and Anne Music. The same William Weir, Justice of Peace, on the 8th day of July, 1819, performed the ceremony uniting Henry Cowin and Honor Howard. On the 6th day of May, 1819, Benjamin F. Hickcox, Justice of Peace, performed the marriage ceremony between John Green and Nancy Boyd. On the 12th day of Sept., 1819, James Bruffee, J. P., joined together in the holy state of matrimony, Charles Force and Betsy Connor. On the 13th day of April, 1820, David Coulter and Eliza Stone were united in marriage by William Weir, J. P., and on the 17th day of July, 1820, Finis Ewing, M. G., who was the father of Cumberland Presbyterianism, performed the marriage ceremony between Larkin Dewitt and Hannah Ewing.

Beginning in 1817 the settlers of the territory of Missouri were clamoring steadily and strenuously for statehood. In Jan., 1818, a memorial was presented to Congress by the Hon. John Scott, the delegate from the territory. In this memorial the petitioners gave potent reasons why the new state should be organized. Other petitions were sent up from various sections of the state and many of the settlers of Cooper County were signers of the petitions, and active in the movement to have the territory admitted as a state. All these petitions §have been lost except one. A few years ago Representative Bartholt, of St. Louis, accidentally discovered one of these petitions, said to be the only one in existence, in the capitol, at Washington, and had it sent to the M. S. S. Division of the Library of Congress where it has been framed and is thus permanently preserved. In Dec, 1818, the territorial Legislature of Missouri took up this subject and also adopted a memorial praying for the establishment of a state government, supplementing the original petition. This agitation at this time marks the beginning of the great contest between the advocates of slavery and those who opposed that institution. The controversy in Congress was bitter and the admission of the territory into the union as a state was delayed by reason of slavery restrictions sought to be placed upon the admission of the Missouri territory as a state into the union. The admission of the territory into the union as a state thus became a national question, eliciting the deepest interests and energies of the greatest intellects of our nation. The anti-slavery movement was strong, especially in the east. So vital had beconfe this question which was involved in the formation of the new state of Missouri that Thomas Jefferson, erudite, scholarly and a deep student of governmental affairs, expressed the fear that it would eventually disrupt the Union. Cooper County at this time was a slave holding county and its citizens largely from the southern states, were deeply interested in the terms upon which the state would be formed. However, a bill was passed by the House and Senate generally known as the "Missouri Compromise" authorizing the people of the Missouri territory to form a constitution and state government and for the admission of such state into the Union on an equal footing with the original states and limiting slavery in other territory. This act was approved the 6th day of March, 1820. The state of Missouri had at this time been organized into 15 counties. An election was held on the first Monday and two succeeding days of May, 1820, to choose representatives to a state convention which was to meet at the seat of government (then St. Louis), on Monday, June 12th of the same year. Cooper County sent, as its representatives, Robert P. Clark, Robert Wallace and William Lillard.

Forty-one representatives met at the designated time in St. Louis at the Mansion House on the corner of Vine and Third streets and concluded their labors by signing the constitution that was framed on the 19th day of July. David Barton was the president of the convention. Barton was one of the ablest and most remarkable men that Missouri has ever produced. On the admission of the state into the union, he was unanimously elected to the United States Senate and it was through his influence that Benton, at the same session of the legislature, was elected to the Senate as his associate. He served in the United States Senate from 1821 to 1831, was afterwards elected to the State Senate while a citizen of Cooper County, and finally ended his brilliant career by departing this life, demented, at the house of William Gibson, one mile from Boonville. His remains are interred in Walnut Grove cemetery at Boonville.

It would be going too far afield for us to go farther into the history of the admission of our state into the Union. Suffice it to say that on the 26th day of July, 1821, the territorial Legislature of Missouri in special session adopted a solemn public act declaring assent of the state to the fundamental condition of admission and forthwith transmitted to the president a copy of same. On Aug. 10, 1821, President Monroe proclaimed the admission of Missouri into the Union to be complete and the state took its rank as the 24th of the American Republics.