Cooper County, Missouri - Chapter 9: From 1821 to 1834, 1919

The territory of Cooper County was considerably decreased in size in Nov., 1820, by the formation of the counties of Saline, Lafayette and Cole.

The first county court held in the county was on the 8th day of Jan., 1821, and its first session was held at the house of Robert P. Clark, on High street, in the city of Boonville. This court then exercised the powers and performed the duties of the present county and probate courts. Heretofore these duties had been performed by the Circuit Court.

The County Court continued to perform the duties of both County and Probate Court until the year 1827, when by act of the Legislature, the Probate Court was separated from the County Court, and invested with separate powers and prerogatives and was required to perform certain duties, and so continues separate till the present time.

James McNair, the governor of the Territory of Missouri, appointed as the justice of the County Court, James Bruffee, James Miller and Archibald Kavanaugh. Robert P. Clark was appointed by the court as its clerk, and William Curtiss as sheriff.

On the 9th day of April, 1821, Robert P. Clark produced his commission from the governor, as clerk of the County Court, "during life or good behavior."

After Missouri entered into the sisterhood of states, and these officers became elected, it would seem that the people confirmed the judgment of Governor McNair, for they kept Clark in office during life and determined that his behavior was good.

George Crawford was appointed assessor and Andrew Briscoe collector of Cooper county. On the same day the will of Thomas McMahan, deceased, was probated, this being the first will proved before this court. Also constables were appointed for the different townships of the county as follows: Boonville township, John Potter; Lamine township, Bryant T. Nolan ; Moniteau township, Martin Jennings ; Clear Creek township, James C. Berry.

When Messrs. Morgan and Lucas laid out the town of Boonville, they donated fifty acres to the county on condition that the commissioners selected to locate the county seat would locate the same at Boonville. The commissioners, named in the preceding chapter, located the county seat at Boonville, deeming it the best place to hold the courts. A part of the land donated by Morgan and Lucas was sold by the county, and the County Court thereupon commenced the building of a court house, which was located on the land donated to the county. It was adequate for the courts of the period and sufficient for the needs of the officers of the court.

It was a small two-story brick building, very much the style of the one recently torn down by the present generation, although much smaller. It was completed in 1823. It was torn down at the time the second court house was built, and some of the brick were used in the construction of the second court house. It will be remembered that the present court house is the third one erected by Cooper County. The second court house, which was situated on the same spot on which the old one was located, was completed in the year 1840. It was a large and commodious two-story brick building, and was situated on a high piece of ground overlooking the river, from the cupola of which an excellent view could be had of Cooper and Howard Counties. The present elegant court of justice occupied practically the same location, being somewhat further west of the site of the second building.

The first will proved in the County Court, which then had jurisdiction in probate matters, was that of Thomas McMahan, Sr. Its quaint phraseology, as well as the time it was made, may interest the reader, and we here reproduce it. "In the name of God, Amen, I, Thomas McMahan, Sr., of the Arrow Rock township in Cooper County and State of Missouri, being weak in body, but of sound mind and memory, thanks be given unto God, calling unto mind the mortality of my body, etc., do make and ordain this my last will and testament. That is to say principally and first of all I give and recommend my soul into the hand of Almighty God, who gave it, and my body I recommend to the earth to be buried in decent Christian burial at the descretion of my friends. And as touching such worldly estate wherewith it hath pleased God to bless me in this life, I give demise and dispose of the same in the following manner and form.

First, I lend to by beloved wife, Diana McMahan, during her natural life, the whole of my estate, real and personal for her own proper use and benefit. Under the care of my executors hereinafter named.

Second. At the death of my wife, I will that all my personal estate be equally divided amongst my four children hereinafter named or their representatives. (That is) I will that all the children of my daughter, Elizabeth McGee, deceased, have one childs part equally divided amongst them. I will that my daughter, Mary McMahan, have one child's part, which I give to her and her children forever. I give to the children of my son, Samuel McMahan, deceased, one child's part of my personal estate to be equally divided amongst them as their property forever. I will that my daughter, Susannah McMahan, shall have a child's or fourth part of my personal estate to her and her heirs forever.

Third. After the death of my said wife I give and bequeath unto my son, Thomas McMahan, my negro man, Samuel, instead of giving him any part of my personal estate, which negro Samuel, I give to him and his heirs forever.

Fourth. After the death of my said wife, I give and bequeath to my son, James McMahan, my negro woman, Edey, instead of giving him any part of my personal property, which negro woman and her increase after the death of my wife, I give to him and his heirs forever; but in case either of the aforesaid negroes, Samuel or Edey, should die or lost before the death of myself and wife then, and in that case I will that my son, Thomas or James, or both, as the case may be should have an equal child's part of my personal estate with the afore named children that are to share my personal estate, or if my negro woman, Edey, should have any living children in the lifetime of myself or wife aforesaid, I leave it with my said children to divide such increase amongst them as they may think fit and proper, or should the personal estate amount to more by valuation at the time of the division, to each share than the value of one of the said negroes then my will is that after each sharer getting the value of one of said negroes the over plus, if any, be equally divided amongst all my children or their representatives as aforesaid. And lastly I do hereby constitute and appoint my two sons, Thomas McMahan and

James McMahan executors of this my last will and testament, requesting and enjoining it on them to faithfully execute every part of this my will and make all such dividend with the other heirs as are herein mentioned.

And I do hereby utterly disallow, revoke, and disannul all and every other former testaments, wills, legacies, bequests and executors by me in any wise before named, willed, or bequeathed, ratifying and confirming this and no other to be my last will and testament - IN WITNESS whereof, I have hereunto set my hand and seal this twenty-first day of January in the year of our Lord 1821.

P. S. - Should myself or wife, or both, become helpless and dependent on our children, I also will that them that takes care of us should be paid for their trouble out of my personal estate before any division is further made. THOMAS McMAHAN.

Signed and sealed in the presence of us who in his presence and at his request and in presence of each other have hereunto set our names. Peyton Nowlin, Bryan T. Nowlin, Pewton W. Nowlin."

During the year 1821, John V. Sharp, a soldier who had served in the Revolutionary War, and who was living in Cooper County, became paralyzed and as helpless as a child. He soon, not having any means of his own, became a charge upon the county. The cost of to the County Court was two dollars per day for his board and attention to him, besides bills for medical attention.

After having endeavored in vain to raise sufficient funds to take care of him, the County Court, in the year 1822, petitioned the General Assembly of this state to defray the expenses of his support, stating in the petition, that the whole revenue of the county was not sufficient for his maintenance. This may sound strange to a person living in a county in which thousands of dollars are levied to defray its expense. But the whole revenue of the county for 1822, as shown by the settlement of the collector, was only $718, and the support of Mr. Sharp, at two dollars per day, cost $730 per year, besides the cost of medical attention, which left the county, at the end of the year 1822, in debt, without counting in any of the other expenses of the county. The petition not having been granted by the General Assembly, the court levied, for his support, during all the years from 1823 to 1828, a special tax of 50 per cent, of the state revenue tax, being an amount equal to the whole of the general county tax ; and in 1828, ten per cent, of the state revenue was levied for the same purpose. He must have died some time during the year 1828, as no further levy for his support appears upon the records of the county, thus

In the heated contest for the presidency, between Clay and Jackson in the year 1824, Cooper County cast her vote for Clay. It was to pay a debt of gratitude to Henry Clay for his great services as a member of Congress in the struggle of the state of Missouri for admission into the Union. The vote of the county for President at this election cannot be found. Only four books of this election are obtainable. They show that Henry Clay had 136 and Andrew Jackson 53 votes according to these four poll books. Of course this was but a small part of the vote cast by the county at that election.

On the eighth day of December, 1825, there was held a special election for governor, to fill the vacancy caused by the death of Frederick Bates. David Todd, the first circuit judge of Cooper County and holding that office at this time, John Miller, Wm. C. Carr and Rufus Easton were the candidates. David Todd received a large majority in Cooper County. At the election on the first Monday in August, 1826, John Scott and Edward Bates were candidates for Congress. Scott had a majority of 124 in the county.

Michale Dunn, Jordan O'Bryan, James L. Collins and John H. Hutchison were candidates for representatives. Michale Dunn and Jordan O'Bryan were elected. W. H. Anderson and David P. Mahan were candidates for sheriff. Anderson was elected by 53 majority ; and Hugh Allison was elected coroner.

This was the first election in which party lines were closely drawn, for before that, men had voted for the man whom they considered best qualified ; and not because he belonged to any party. The poll books of the presidential election could not be found, but the August election for Representative in Congress and county officers, having the same principles at issue, will show pretty clearly how the presidential election went. There were two tickets, viz: Adams and Jackson, and the tickets on which the men were, who were elected is marked opposite their names.

At the election in Nov., 1828, the county voted for Jackson over Adams, by a majority of about 230 votes ; and also in 1832 Jackson was re-elected, and received a large majority in this county.

It should be remembered that up to 1826, Franklin was the mart of commerce and the thriving metropolis of that section of territory formerly known as the central Boonslick country. It had sprung into opulence on the banks of the turbulent Missouri as if a magician had waved his magic wand over the wilderness. It became the center of a great trade, and here the caravans destined for Santa Fe and the great southwest were equipped and supplied for that trade. Its local trade reached out for many miles in every direction, and settlers of Cooper traded and bartered there. Boonville was then but a hamlet of log cabins of the period plain, unadorned, but comfortable.

In 1826, Franklin had a population variously estimated at from 1,800 to 3,000, a substantial population in part. Some of whom, however, were of the shifting, adventurous, speculating element. It numbered among its residents wealthy, enterprising and cultured men, mostly from Tennessee, the Carolinas, Virginia and Kentucky, and some from the eastern states, many of whom rose to prominence, and left their ineffaceable impress upon our state.

In the spring of that year, the Missouri river overflowed its banks. Franklin was built upon shifting sand and because of its low and flat location, suffered greatly from the high water, and as well from the malaria which followed.

The constant falling in and washing away of the river banks inundated the buildings. This occurred to a great extent in 1826, many houses going into the river. Its citizens became satisfied that every future effort to protect the banks from the river would be futile upon their part, and thus believing, many residents and business men left the place, some of them settling in the town of New Franklin, two and a half miles back from the river in Howard County, just in edge of the hills; some in Fayette, then the county seat of Howard; and some came to Boonville, a few of the latter bringing not only their goods, but their houses.

This marked the beginning of the rapid growth of Boonville, and the time when she became the supply center for the Santa Fe trade and of the great southwest territory.

Franklin had been greatly shorn of its influence. The county seat had been moved to Fayette. Much of the business which had been transacted by its merchants and tradesmen had been withdrawn and turned into other channels.

James L. Collins, William Harlin, Andrew Adams and others, had located at Boonville and were conducting a successful and extensive trade with the Santa Fe country a trade which had heretofore contributed to the business of Franklin and the wealth of those who were thus engaged.