Daviess County, Missouri - When Daviess Became a County - Cullings from the Court Records, 1882

When Daviess Became a County - Cullings from the Court Records

Organization - Hon. Joseph- Hamilton. Daviess - The Act - First County Court - Proceeding to Business - New Townships - First Elections - A Lack of Patriotism - Roads - Ferry Rates - A New Township - The County Seat - August Election, 1S38 - At Gallatin.

Organization

In the winter of 1836-7, at the session of the General Assembly, an act was passed which gave to the conntry now composing Daviess county the bounds of a distinct and separate municipality, with all the rights appertaining to any county in the State of Missouri. The name was chosen in honor of that very eecentrie, but able lawyer and brave man, who gave his life for his country on the bloody field of Tippecanoe, where he was killed in a cavalry charge. He married a sister of Chief Justice Marshall and, had he lived, he would have attained the highest round in the gift of his profession. This was the name chosen, and may her people ever emulate his bravery and his learning, for it was not in the legal forum that "Joe Daviess" was alone eminent. When he so willed, his pen brightened the pages of literature and history, and when free from those eccentric traits of character which were so characteristic of the man, he was the cultured gentleman and his association was eagerly sought for by the most eminent men of his day.

The Act

This county and Caldwell were jointly organized by one act of the General Assem bly. The first section described the boundary lines of Caldwell county, and

"Srcrioy 2. All that portion of territory ineluded in the following limits, is hereby declared to be erected into a separate and distimet county, to be called the County of Daviess, in honor of Colonel Joseph H. Daviess, who fell at the battle of Tippecanoe; to-wit., Beginning at the northeast corner of the county of Caldwell, as tixed by this act; thence north twenty-four miles; thence west twenty-four miles; thence south to the northwest corner of Caldwell county ; thence east along the north boundary line of said county to the place of beginning. siete

"Srcrion 3. Joseph Baxter, of the county of Clay; Cornelius Gilliam, of the county of Clinton; and William W. Mauzee, of the county ot Ray, are hereby appointed commissioners to seleet a seat of justice for each of said counties, and the said commissioners are hereby vested with all the powers granted to commissioners nnder the act entitled, * An Aet to Provide for Organizing New Counties, approved this session. And they shall meet on 'the first Monday in April next, at the house of Francis MeGuire, in Caldwelj county, for the purpose of locating the permanent seat of justice of said county. After locating the seat of justice in Caldwell county, the said commissioners shall, as soon as convenient, proceed to Daviess county, for the purpose of selecting and locating a seat of justice for said county.

"Seerron 4. The Governor shall, as soon as convenient, appoint three suitable persons in each of said counties, to act as justices of the County Court dor said counties respectively, and a suitable person in each of said counties, for sheriff, all of whom shall hold their respective offices until the general election in Angust, 1838; and until their successors are elected and qualified. ., "Sxeerron 5. [Reters to Caldwell-county alone. |]

"Secrioy 6. The county courts for the county of Daviess shall be held on the seeond Mondays of March, June, September, and December, unless otherwise ordered by said court, and at a suitable place, to be selected dy the judges of the County Court, as a temporary seat of justice, until a permanent seat of justice is located and approved.

"Srerion 7. The circuit judge shall appoint a clerk pro tempore, tor the Cireuit Court of each county, and the County Court of each county shall appoint a clerk of the County Court, who shall hold their offices until the general election in 1838; and until their successors are eleeted and qualitied.

/"Szerron $. The Cireuit Court shall be held in each of said counties, at the temporary seat of justice scleeted by the county courts, until the per Jnauent seat of justice be selected and approved, and a suitable house be provided for holding courts.

"Srketion #. All that territory lying north of the county of Daviess shall be, and is hereby annexed to the county of Daviess, for civil and miltary purposes. :

The first County Court was held near the present site of the city of Gallatin, at the honse of Philip Covington. The first judges and other officers of the county had received their commissions, duly signed by Lilbarn W. Boggs, then Governor of Missouri, and they each and all presented their several papers aud assumed the duties of their offices. The following are the names of those who acted under the Governor's appointment: John Wy Freeman, Vincent T. Sinith and William Morgan, as county judges; William Bowman, sheriff: and James B. Turner, clerk.

"Know ve, That reposing especial confidence and trust in the integrity and abilities of Vincent T. Smith, I do hereby appoint and commission him a justice of the County Court for the county of Daviess, and do authorize and empower him to discharge the duties of said office according to law, and to hhave and to hold the said office with all the powers, privileges and emoluments to the same of right appertaining.

"Tn testimony whereof, 1 have hereunto set my hand and caused the great seal of the State of Missouri to be affixed, Done at the City of Jetferson, this twenty-seventh day of January, in the year of our Lord, one thousand eight hundred and thirty-seven, of the independence of the United States the sixty-first, and of this State the seventeenth.

"* County or Daviess. mee aif I, Vincent T. Smith, of the county of Daviess, and State of Missouri, do solemnly swear that I will support the Constitution of the United States and the constitution of this State, and faithfully demean myself in the office of justice of the County Court for the county of Daviess according to law.

"1, Solomon Kinsey, clerk of the County Court of the county of Clinton, and State aforesaid, do certity that Vincent T. Smith was duly sworn and eubseribed to the foregoing oath before me, this February 17th, 1837.

The other justices, also, had their commissions properly sworn to and indorsed, and were duly empowered when placed upon the reeord to proceed to the opening of court and performing the duties devolving upon justices of the eounty eourt.

The credentials having been properly presented and entered for reeord, the new court promptly took up its duties, and the sheriff declared the court opened. The first duty that devolved upon them was to look after its municipal divisions. The court took a moderate view of the situation, and as Daviess county had been, before its organization, only one township, the court, being rather new at the business, decided that there wonld be enough to start with. The county was large, in fact, it extended to the Iowa line, although its own proper northern line was defined, yet the territory beyond was under its civil and military jurisdiction, and an election in Daviess county meant all the territory above named. Still, as the population was very much scattered, the fewer townships the better, and they carried out this view by organizing into three municipal townships, no more, no less.

The formation of these three townships was the work in hand, and it was executed in the usual primitive style. Township lines and ranges, or even section lines, had neither part nor parcel in the boundaries, but a convenient ereek, a divide, or a gulley, was taken to show the metes and bounds and the corner-stones, as it were, of the three municipal districts which soon bore the names of Honey Creek, Grinpsronr, and Granp River. '

"The court then ordered that the county of Daviess be laid off into three townships, to be known by their names and numbers and boundaries as follows; to-wit.,

"That portion of the county beginning in the main channel of Grand River, where the range line dividing ranges twenty-seven and twenty-eight crosses said river; thenee south to the dividing ridge between the waters of Honey Creek and Big Creek; thence west to the line dividing ranges twentyeight and twenty-nine; thence south with said line to the line dividing, between townships fifty-seven and fifty-eight; thence east with said line to range line between ranges twenty-five and twenty-six; thence north with said line to the main channel of Grand River; thence up said river to the beginning, shall be number one, and known by the name of Honry Creek township.

"And that portion of the county beginning at the line dividing range twenty-seven and twenty-eight at the crossing of Grand River; thence up said river to Hickory Creek, to the head; thence east to the line dividing Daviess and Livingston counties, including all the limits north of said line, shall be number two, and called Grayp River township.

"And that portion of the county beginning at the northeast corner of Grand River township; thence west to the county line; thence south to the county line: thence east to the corner of Honey Creek township; thence with said line to the beginning with the said township line, shall be number three, and called Grixpstone township."

First Elections

An election was called to take place April 29, 1837, to elect two justices of the peace and one constable for each township. The election in Toney

Creek township was ordered to be held at the house of Andrew MeHane 'y, and that John Splawn, Elijah Foley, and Andrew MelTaney, be and hereby are appointed judges of said election.

The election in Grand River township was to be held at the honse of Robert Fy Peniston; and Josiah Morin, Adam Black, and Jonathan Ligvett were appointed judges of said election; while the election in Grindstone township was to be held at the honse of Elijah Frost, with Joln Job, Wiley Cope, and William Roper, as judges.

One of the commissioners appointed by the governor to locate the county seat, William W. Mauzee, after the organization of the county, being sick, and not expected to live, the county court seleeted Jaeob Riffe, of Ray county, to act in the same position. .

John Splawn having declined to act as assessor for Daviess county, Marshall K. Howell was chosen by the court to act as sueh until the ensuing election. With the charging of grocery stores a license of ten dollars and merchants' license put at fifteen dollars, the court adjourned to meet at the house of Ira Norris, near Compton & Morin's store, the secoud Monday in May. There was no explanation by the court as to why a grocery store keeper was not a merchant and why they favored him tive dollars.

A Lack Of Patriotism

The people of Daviess county, in those carly days, did not take kindly to the robes of office. Mr, Splawn didn't want to be assessor, and his snecessor, Marshall K. Howell, forgot to qualify, and had to be re-appointed. Honey Creek and Grand River townships failed to hold any elections tor justices of the peace and constables, and the court, at the May term session was compelled to order another election in cach township to come off on the 29th of May, 1837. They were to be held at the same places and the same judges of election at cach place were appointed. So their failure to hold the previous election did not help them any. Jolin A. Williams, however, seemed to be of a different mould, and he put in an application for the appointment of county treasurer, and that Inerative ollice having for several months been without an oceupant, the court favored the application, and Jobu A. Williams, aforesaid, became the first treasurer of Daviess county, to have and hold the said office until the next general election, to be held in August, one year and three months off.

The County Court did not propose to impose on the good nature of its friends, while they were without a court-house and it beeame a sort of a peripatetic court; first in one place and then in another, so the adjournment of the second term of the County Court was to the house of Elisha B. Creekmore, where the third term was held, commencing August 7, 1837.

At this third term of the court, William Morgan, having accepted the sheriffs office, ceased to be a judge, and Josiah Morin, presenting his

The first ferry license, of record, is one issued to James Hunter, to keep a "publiek ferry." on the West Fork of Grand River, at the mouth of Honey Creek, and he paid two dollars and titty cents for a six months' license,

The assessor presented his taxbook of the taxable inhabitants of Daviess county, which was aecepted as correct, and the assessor allowed twenty days for the service, but how much per day was not stated.

The county books were all bought of a Mr. Brooks, of Columbus, Missouri, and were ordered to be delivered at Richmond, Ray county, to John Morehead. The county procured funds to start business with, by its portion of the road and canal fund, which amounted to three hundred and seventy-three dollars and seventy-five cents.

Just who were elected a of the peace and constables for the separate townships was not stated, or the number of votes cast. Charles Morgan was elected constable in 'Grand River township, and this was discovered by his changing the sureties on his bond.

Roads having become necessary, it was decided to have a few laid ont in the different townships, and accordingly, by order of the County Court, road commissioners Were appointed for each township. In Grand River township, Adam Black was the commissioner to lay off road districts; Elijah Foley and Philip Covington, to do the same work in Honey Creek; and John Wright to make road districts in Grindstone township. After signing five blank licences. the court adjourned to mect at Creekmore's once more. Jacob S. Rogers was granted a ferry license across Grand River until the first Monday in November, 1837, and as the applieation was made at the September term, being the 28th of the month, his license hadn't long to run. The County Court, at the August term, designated the house of Elisha

Ferry Rates

Jacob S. Rogers made due application at the November term tor a continuation of his ferry license, which he received for one year at the cost

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A New Townshii'

* As Grand River township had a little more land than was absolutely nee essary, William Dryden petitioned for a slice to make a new township out of, and it was granted, with its metes and bounds deseribed as follows: "Ordered, That Grand River township be divided; and that that portion of the county from the mouth of Muddy Creek running with the same to the forks of said creek; thence north to the boundary Jine, to include all the territory lying north and northeast of Grand River township, to be known by the name of Clear Creek township; and an election was ordered to take place the first Monday in December for a justice of the peace and constable for the township. The election was to be held at the louse of John Etherton, and David Gardner, Janes H. Wilson and John Pinkerton were appointed judges at the election. Another election was ordered to he held at Millport, at the same time to eleet a justice of the peace for Grand River township. The court at this session, November, 1837, appointed Philip Covington a commissioner for the seat of justice ef Daviess county,"

There did not seem to be much strife in the location of the county seat, although something of a town had been made both at Cravensville and Millport. The commissioner, Philip Covington, brought his report, which was accepted by the court, the State commissioners not having reported, and the metes and bounds of Gallatin is thus tirst described; to wit.,

"Gallatin, the seat of justice for Daviess connty, is lid out on the north west quarter of section number twenty, in township munber fitty-nine, of range number twenty-seven, platted by a scale of one hundred feet ty thirtyseven one-hundredths of an inch. Main and Grand streets are eighty feet wide, crossing each other at right angles. All other streets are sixty feet wide, each. Lots lying north and south front sixty feet and run back one hundred and thirty feet; those lying east and west front forty-six and twothirds feet, and run back one hundred and fifteen feet. The alleys running east and west are twenty feet wide, and those running north and south ten feet wide. Each lot is numbered on its front. The blocks are numbered in ranges from north to south, and from east to west boundaries of said quarter section are surveyed parallel with the section line, the magnetic bearing of which is ten minutes, eighteen seconds east; according to this variation, the north and south boundaries of said quarter section will bear north eightynine degrees, forty-six minutes east."

The town was ordered to be platted and a sale of lots to take place January §, 1838, and the terms of purchase, one and two years' eredit from day of eale. On November 25th, 1837, Thomas W. Jacobs secured another six months' license tor selling merchandise and Wilson McKinney, and Graves Littletield, each secured a license to sell wines and spirituous liquors. The officers of the county for the year 1837 were: judges of the County Court, John W. Freeman, presiding justice, Vincent Smith, and William Morgan; then Josiah Morin in place of Morgan, resigned. Morin's commission was dated July 17, 1837. James B. Turner, clerk; William Bowman, sheriff; William P. Peniston, deputy sheriff; John A. Williams, treasurer; and Marshall K. Howell, assessor.

The first election in 1838 was for a justice of the peace in Grindstone township, and the election was held at the store of Higby, Morey & Co., on the first Saturday in Apri]. On the second Saturday in April an election was held at Millport, in Grand River township, also for a justice of the peace. William Prewett, Elijah Frost and Mason Cope were judges of the first, and John Rowland, Henry Morgan, and Robert P. Peniston, judges of the second. Then Clear Creek township wanted another justice, and an accommodating County Court ordered an election at the house of T. N. Auberry on the third Saturday in April, and Jonathan Liggett, John Webb, and Washington Grubbe were appointed judges. It is of record that Thomas W. Jacobs was the agent of Daviess county, and that he was also appointed assessor of the county for the year 1838. Philip Covington, who located the county seat, was appointed also to draw plans of a court-house and jail, and to superintend the building of both. The sum of $6,000 was appropriated for the building of the court-house, and $400 for the erection of the jail, and both buildings were tu be let to the lowest bidder on the 25th day of May, 1838.

Another license to sell, at retail, spirituous liquors, was granted to Jacob Stollings, and Philip Covington, county seat commissioner, was ordered to sell a portion of the town lots of Gallatin on the 24th of May, 1838.

within three years, one-third of the amonnt of the contract to be paid yearly, and the jail to be finished one year from date of contract. William Morgan assumed the office of sheriff of Daviess county at the June term, 1838, and Thomas W. Jacobs called for seventy-six dollars for thirty-eight days' services as assessor of Daviess county. At the same term Gallatin was made the place for holding the next term of the County Court, whieh had been for a year held at the honse of Elisha B. Creekmore. Jacob Riffe, of Ray county, associate of Philip Covington in the location of the county seat, was allowed thirty-two dollars tor his services, and N. Jesse Newland wanted twenty-four dollars aud seventy-five cents as auctioneer of town lots at the May sale, and in the language of the court the bill was "curtailed " and sixteen dollars and thirty-seven cents allowed,

August Election, 1838

A general election was ordered to be held on the sixth day of August, 1888, in the county of Daviess, and said election was to be held at the tollowing places: In Grindstone township, at the house of William Prewett; Honey Creek township, at Grallatin; Grand River township, at Millport; and in Clear Creek township, at the house of Jereba Stone.

The rate of taxation for county purposes, for 1838, to be double the State tax - just what the latter was is not of record. Medders Vanderpool did the laying out and surveying of the town of Gallatin. Jolin A. Williams, the first treasurer, offered his resignation, which was aeeepted, and Elisha B. Creekmore was appointed his successor as county treasurer.

The first session of the County Court held at Gallatin was on the third day of September, 1838. For a year it lad been held at the house of Elisha B. Creekmore, about a mile south of the present site of the city of Gallatin, in what was then known as Iloney Creek township.

The October term of the County Court for 1838 was conducted by the newly elected judges. Tlicir names were Adam Black, M. T. Green, and James IH. Wilson; Robert Wilson was clerk, and William) Morgan, sheriff. The commissions of the county judges were signed by Lilburn W. Boggs, Governor of Missouri; M. T. Green was elected presiding justice. James Miller, who had been justice of the peace for Clear Creek township, resigned, and an election was ordered at the house of Jereba Stone, Addison Price, Jolin Pinkerton, and Jereba Stone were appointed judges, and with the ordering of an election for Grand River township on January 5, 1839, the business of the County Court closed for the day.