Daviess County, Missouri - Chapter 8: The Dawn of Civilization - Debts and Defalcations, 1882

Chapter 8: The Dawn of Civilization - Debts and Defalcations

The First Defaleation - S1.000 Relief - Civenit Court at Gallutin - A Public Highway - Thomas W. Jacobs Sees the Couwi - Prison Bounds - Meport of the County Seat Location - More Townships- - Defauited - Mormon Prisoners--Removal of the County Seat - The Court-house Plan.

The First Defalcation

The ae Court on the 18th day of December, 1838, made the following order: "It is ordered by the court that the auditor of public accounts is hereby authorized to draw a warrant on the State Treasurer in favor of Thomas W. Jacobs, agentes the county of Daviess, for the amount of money due this county of the road and eanal fund. And, whereas, the said Thomas W. Jacobs having, by his assignees, B. & J. N. Hughes, drawn and receipted for five hundred and forty-one dollars, on the 24th day ot March, last, which, together with interest to this date, amounts to five hundred and eighty-one dollaps and fifty-one cents. And, whereas, the said Thomas W. Jacobs having failed to pay the same into the connty treasury, it is therefore ordered by the court here that the said Thomas W. Jacobs pay into the county treasury the said amount of five hundred and eighty-one dollars and fifty-one cents, within ten days from this date.

The Mormon War not only played havoe with the county records, which were burned or otherwise destroyed, but, rendered desperate by the probability of beiug driven entirely from the country, the Mormons destroyed everything they conld Jay their hands on. And the people, just as winter was comivg on, were deprived in a large measure of the food necessary to sustain life. A large number were left entirely destitute of food. In this sorrowful condition of affairs relief was sought from the State, the legislature being then in session, Caldwell county, like Daviess, had been a sufferer from the Mormon horde, and the people of the two counties united in a petition asking aid for the sufferers. The legislature met the demands of the people by promptly passing a relief act, appropriating two thousand dullars ($2,000) * for the relief of sundry persons in Caldwell and Daviess counties," aud appointing commissioners to distribute the desired reliet. The Hon. Meriwether T. Green was the commissioner for this county. 'The help was to be given to the needy, whether Mormons or Gentiles, according to the wording of the act. This action on the part of the legislature was the means of saving much suffering among the poor that winter, that otherwise might have resulted in starvation and death.

The tirst commission of record of the election of a justice of the peace was for the election of James Miller, and his election was certified to by the presiding justice of the County Court, M. T. Green, at Gallatin, January 5, 1839. G. W. Worthington was elected a justice of the peace for Honey Creek at the February election. William P. Peniston presented the County Court a bill for powder furnished during the Mormon War in the sum of $8, and the court allowed it, And Adam Black presented another for powder and lead of $13. which was also paid. The first contract for building the court-honse was given to Thomas N. Anberry, Robert P. Peniston and William P. Peniston, but at the March term the contract was withdrawn by order of the court. The county treasurer, FE. B. Creekmore. made a statement that the Mormons had earried off the bouks of the treasurer and destroyed them during "the late unpleasantness," and also all the records of the office, in October, 1838. The bond of the county treasurer was to be in the sum of $10,000.

Jacob 8. Rogers, James Taylor, and Jolin Cravens, each were granted ferry license across Grand River; the first in Grand River township, the second in Grindstone township, and the third at Adam-on-di-Amon.

Oqurcuit Court At Gallatin

On the 22d day of April, 1839, the County Court made the following order; to-wit, * On motion it is ordered by the court here that the next Circenit Court for the county of Daviess be holden at Crallatin, the seat of justice for said county, and that the same shall be the permanent place fur holding courts until otherwise directed by this court. It is further ordered by the court here that Robert Wilson, clerk of this court and also uf the Circuit Court, is authorized and it is hereby made his duty to remove his oftice to Gallatin, on or before the first day of the next term of this eourt."

A Public Highway

In the early days Grand River was a pretty big stream, in the eyes of the people, and they had utilized its murky waters now and then by taking grain down the river in a small sized flat-boat at high tide or when a freshet gave body of water enough to float their crafts. Railroads in those days were not even thought of in these western wilds, and in fact, very little any where in the country, except the Atlantic seaboard, It was then that visions of steamers, etc., plowing the waters of Grand River, began to exercise the minds of the people. The first step was to have Grand River made a public highway, and the members of the General Assembly trom Daviess, Grundy, Livingston, Chariton, and Carroll were ordered to marshall their forces and get the desired legislation. This was done, and probably the following act is still a law: -

"Section 1. All that portion of North Grand River, from its mouth to where the township line dividing sixty-two and sixty-three north, crosses the East and West forks of said river, shall be, and tie same is declared to be a public highway, free to be navigated by all persons whatsoever.

On the removal of the Cirenit Court from the ITonse of, Elisha B. Creekmore, where it had been held, he received compensation to the amount of $13 as rent from the court. In his report of the destruction of the treasurer's books and records at the Marel term, 1839, of the County Court, Creekmore also duly swore that he had not received during the time he had been county treasurer, from June, 1838, to the above date, one dollar of county money. Caleb Odell was elected a justice of the peace, on the sixth of April, for Grand River township and duly commissioned.

Thomas W. Jacobs Sees The Court

" Now at this day came here Thomas W. Jacobs and made application to the court to receive his bond with security for the amount of the road and canal fund, by him drawn as agent for Daviess county on the 24th day of March, 1838, and not yet accounted for to the county treasurer; the said 'Lhomas W. Jacobs having satistied the court here that no defaleation on his part exists for not having settled prior to this date: It is therefore ordered by the court here that Thomas W. Jacobs have the loan of said money for three years from this date, and that the said Thomas W. Jacobs give his bond for five hundred and ninety-tive dullars and ten cents, with security, due in three years from this date, and three several bonds for fifty-nine dollars and fifty-one cents, due one, two and three years from this date, with interest at the rate of ten per centum from due till paid. And the clerk of this eourt is hereby authorized to take said bonds from said T. W. Jacobs and James 8. Lomax as security, in vacation."

The County Court, at the July term, 1839, decided to have some furniture of their own and purchased a half-dozen chairs, a table, a desk and a bookease. This extravagant outlay was promptly met by a decision of the County Conrt, that by an act of the General Assembly it was left to the county to pay, or not to pay, grand juries, and the County Court promptly decided

Some parties from Clay county brought in a bill against Daviess county for $400 for guarding prisoners, and the county conelnded to try conelusions in the Circuit Court rather than to pay such an exorbitant demand. It was a higher figure than they rated the Mormons at.

Prison Bounds

At the August term, in vacation, an order was made to lay off the prison bounds and to carry this into effect the following order was found of record :

"James H. Wilson and M. T. Green, two justices of the Daviess County Court, met at Gallatin by the request of the sheriff and proceeded to lay off prison bounds for said county of Daviess, which are as follows; to-wit, Beginuing at the northwest corner of section number 20 and running due south one-half mile to a certain stake ; thence due east one-half mile, to a certain stake; thence due north one-half-mile to a certain stake, and thence due west to the place of beginning, including all the area on which the seat of justice for the county of Daviess aforesaid is located, and the same is hereby declared to be the prison bounds for the county of Daviess aforesaid." _ The county tax and licenses for 1839, was one hundred per cent added to the State tax, licenses, ete.

Although the county seat was located in 1837 it was not reported or placed upon the records until September 3, 1839, the county elerk, Robert Wilson, having hunted up the persons and got their report. When Joseph Baxter and Cornelius Gilham were appointed, unless by the General Assembly, is not of record. These commissioners made their report of the location of the county seat at the time mentioned above, and it was placed on record in Book A, pages 45 and 46, and reads as follows: -

"We, Joseph Baxter, Cornelius Gilham and Jacob Ritte being duly appointed commissioners to select and locate the seat of justice for the county of Daviess, respectfully submitted the following report to your honorable body: After being duly qualified, we proceeded to your county on the 11th day of September, 1837, and succeeded in finding the center of said county, and after a minute examination of the country for several miles around said centre, we selected and made the location of said seat of justice op the northwest quarter of section number 20, in township number 59, of range number 27, and designated the place by setting a stake in the presence of a number of your citizens on the 13th day of September, 1837, and believe that said location is the most eligible that can be made within four miles of the centre of your county. Respectfully yours, * Josera Baxter, "Jacon Rirrr." * Filed in office the 29th day of August, 1539." As Thomas W. Jacobs failed to come to time with his bond and security the court made an order charging him at the rate of thirty per cent per annnm for the money, together with the cost until paid.

Another township was called for, and the County Court, at the September term, 1839, granted the petition, and gave its metes and bounds. This township was made out of the northern part of the territory of Clear Creek township, and was loeated as follows: -

" Beginning at the mouth of the East Fork of Mnddy Creek, east of hives Black's; thence up said branch to the head; thence in » direction so as to' run on the divide between Sugar Creek and Coon Creek to the county line, All the territory north of said Tine i is hereby declared to be a new township, to be known by the name of Sucar Creek township." Then followed the' demand for a new township, to be carved out of the northwest portion of Grand River township and the northern part of Grindstone township, and the County Court allowed the demand. Its metes and bounds are as follows: "Beginning at the point where the line dividing between Daviess and Clinton counties crosses the Grand River; thence down the main channel of said River to the mouth of Hog Creek; thence up said creek to the head; thence up the divide between Cypress Creek and Hickory Creek. AJ] that territory lying north of Grand River and west of the last mentioned line (Hog Creek and divide), be and is hereby declared to be a township, to be known by the name of Bic Creek tow nship."

An election was ordered at once to be held for the election of two justices of the peace and one constable for this latter township, and at the honse of Alexander Liggett and Jonathan Liggett, John Githens and Alexander Liggett were appointed judges of said election, October 5, 1839. The election for two justices of the peace and one constable for Sugar Creek township was called at the honse of Reuben Maey, October 5, 1839, and Reuben Macy, Eleazer McClnre and Joseph Moss were appointed judges. .

William Morgan, late sheriff, presented his account for settlement, and falling short some $131.44, the court promptly made an order charging him two and one-half per cent per month from April 1, 1839 until paid, and Mr. Morgan tendered his resignation of the office of sheriff of Daviess county, which the court ordered certified to, to the Governor. Whether it was the two and one-half per centnm on adjourned payment that caused the resignation is not stated, but both appear of record at the same term ot' the court, being September, 1839. John Pinkerton was made e/ésor. or substitute for the sheriff, at the next session of the county court, John Pinkerton being appointed sheriff and em officio collector, gave bonds for $1,010 and took possession of the office at the October term of the court. At the December term Elisha B. Creekmore, treasnrer, having failed to keep his office at Gallatin was removed from the office of treasurer. Adam Clendenon was appointed treasurer in his place, and ordered to give bonds in the sum of

Mormon Prisoners

The County Court joined issue with the Clay county men in their charge for holding prisoners. The Mormon prisoners, held and guarded by these men here, Joseph Smith, Jr., Hiram Smith, Lyman Wight, Alexander Me- Cray and Caleb Baldwin, who were committed to the jail of Clay county by the order of Hon. Austin A. King, ov a charge of treason, said to have been' committed in Daviess county, and as the sheritt of Daviess county never had the prisoners in his control or custody until after they were removed from Clay county, the court declined to pay said bill of charges.

On the fifth day of December, 1839, Philip Covington was removed from the office of superintendent of the publie buildings of Daviess county, and it was "ordered that Lewis J. Dudd be and is hereby appointed in his place." The said Dodd was ordered to draw plans of a court-honse to be built on the public square, not to exceed a cost of $8,000.

The sale of the first school section in Daviess county was in township number 59, of range number 26, and the sale was to be made on sixty days notice.

John Comer again tailed tu complete the jail as per contract, and this time wanted twelve months trom December, 1839, to finish the work. The court granted his request on condition that he enter into bonds, in the sum of $200, to pay all damages arising from the incompletion of the jail to the county.

Marshall K. Howell was appointed acting sheriff in place of John Pinkerton absent, during the February term, 1540, and allowed $1.50 for his services and the March term of the court found the bill of Cornelius Gilham for services in loeating the county seat of $54, at hand and it was allowed.

This county like a good many others lad its connty seat contest, but of less virulence than some of the neighboring counties. A man by the name of Cravens had located a farm on the high bluff just north of Grand River in township 60, range 27, on section 31. A small town had grown up, and was named Cravensville, and the crossing of the river was known as Adamon-di-Amon, it being located by the Mormons as the spot where Adam was buried. After the question was settled by the selection of the present site the matter dropped until at the Mareh term of the County Court, 1840, when a petition was presented for a removal and re-location of the county seat, with Cravensville as the designated spot, within about one-half mile of the geographical center of the county. At that time the taxbook showed that there were 280 taxable inhabitants in the county, and the law requiring three-fifths, 168, and but 93 names having been secured to the removal petition, the court rejected it. THE COURT-HOUSE PLAN.

The superintendent of public building, Lewis J. Dodd, made as lamentable a failure as Philip Covington, and he, too, failed to get up any plans to suit, so that he was sammarily removed, and the court took a new turn and appointed two superintendents - one evidently was to boss the job, while the other was to do the heavy standing around and watch the boss. Jacob Stollings and W. C. Livey were appointed, and they forthwith went to work on the architectural department, and got up a plan for the new court-house and had it ready for inspection and approval, or rejection. The plan was accepted except as to the part hereinafter mentioned and the following is the plan submitted and accepted: "The foundation shall be three feet thick; the brick wall for first story sha ]] be eighteen inches thick and the second story thirteen inches thick. 'There are to be two additional windows in the upper story, one over each door, the walls and roof to be painted with venetian-red. Doors to be painted a beech-yellow, door casing, window casing and sash to be painted with white lead. Window blinds to be painted green. Window frames to be put in plain and arch wares, and moulding to be put on afterwards. The plan having been so far approved thecourt ordered the superintendents to advertise and let to the lowest bidder on the first Monday in May, 1840. The contractor was to give bonds for the completion of the same as follows: The walls to be put up and roofed in one year and the remaining part in two years. Each part to be paid for when completed. Two of the justices, M. T. Green and James HWillson, accepted and signed the above, and Judge Adam Black dissented on the ground that the county seat question was not settled.

Philip Covington, commissioner fur Daviess county since its organization, resigned, his resignation was accepted, and Tobias Miller was appointed on his own application, at the May term, and ordered to give bond in the sum of $5,000.

The sixteenth section, or school landa, in township sixty, range twenty, was ordered sold in eighty acre lots, by the sheriff,on the tenth day of

Angust, 1840. This was at the May term. The June term eave order for the general election to come off in Angust, and where to be held. The townships in the county, were Clear Creek, Sugar Creek, Big Creek, Grand River, Grindstone, and Honey Creek. '