Daviess County, Missouri - Chapter 9: Matters Mentioned from 1840 to 1849, Township and Finances, Circuit and Census, 1882

Chapter 9: Matters Mentioned from 1840 to 1849, Township and Finances, Circuit and Census

New Townships and Change of Names - 18il - How it Stood, Financially - A Legalizing Act - Fifth Judicial Cireuit - One More - North Township - Sirteen Cents - School Money - A Bill of Costs - New Tounship - New Bounduries - -1846 - School Census - A Dam - A Partition Ordered - Geveral Blection - At Last - Grand River Association,

The last of the original townships, Honey Creek, was to be divided, to keep up with Grand River and Grindstone, and so the order was given at the June term, 1840, and the boundary lines for a new township out of the said Honey Creek were made as tollows: -

"Beginning at Rogers' Ferry un Grand River; thence following the old Richmond trace or road (leaving the farm and house of Andrew McHaney on the northwest side, and also Ragland's point and the residence of Ilugh Vallaningham on the west) to the Caldwell county line; thence east with said county line to the southeast corner of Daviess county; thence north with the line dividing Daviess and Livingston counties to the middle of the main channel of Grand River; thence following the main channel of said river to the place of beginning, and the same to be known by the name of Harrison township. The change of names of the several townships was now in order and the court proceeded to put on more style: Grindstone and Big Creek sounded harsh to the ear and did not suit the esthetic taste of the county court, and they proceeded to give some dignity, and no little statesmanship, in the way of names, to Daviess county. There certainly was some sweetness in the name of Honey Creek, but it was not up to the standard of the new dispensation. Even the word * Grand" failed to strike them favorably with the river tacked on to the end of it. Still it was not so very bad and was allowed to remain. The changes were made, and Honey Creek township, on and after the June term of the County Court of Daviess county, in in the year 1840, was known as Gallatin, after Albert Gallatin the great Pennsylvania financier, and Secretary of the United States Treasury, during the administration of Jefferson and one term of Madison.

Grindstone township which had sharpened the wits of many of its people by the bare use of the word, was changed to the name ot that immortal apostle of Democracy, Jefferson.

Clear Creek came forth, and peering with wide open eyes through the smoke of the battle which raged so fiercely at New Orleans on the 'sth of January, 1815, found a hero, and proudly surrendered the rippling waters, and Clear Creek was changed to that of Jackson.

And Big Creek brings up the rear and looking at the noble form of Missouri's ablest statesman; he alone of all the intellectual giants of the earlier days who had spent thirty years in the United States Senate; he, who by his intellectual strength has given Missouri a name among her sister States - Benton - he was large enough to fill the measure of a State's ambition, his name would do to give glory enough for a township, and so Big Creek is known no more forever, and " Benton" takes its place.

The house of Green Bowers, Jr., was designated as the place to hold the first election in the new township of Hlurriaon, the first Monday in August, 1840, set as the day, and Nicholas Trosper, Elijah Foley, and Green Bowers, Jr., were appointed judges. Jesse Blakely was the assessor for 1840.

Footed The Bill

John N. Tillery, James Ford, and Oliver Mitchell, of Clay county, whe sued the Daviess County Court for guarding the Mormon prisoners, took the suit to Caldwell county and secured judgment for the full sum of $450. On presentation the County Court paid the jadgment.

It took the sheriff, William P. Peniston, forty days to take the census of Daviess county, and he was allowed $60 for the same, at the December term, 1840. Peniston was elected sheriff at the general election in August,

School section in township number fifty-nine of range twenty-seven was ordered sold at the February term, 1841, and at the same time school section in township fifty-nine, range twenty-eight, was also ordered sold. The road and canal money was duly loaned out at 10 percent per annum on approved seenrity by order of the County Court,

The following location and description is from A'vst's /Tistory: "Tt stood ou the next block north of the publie syuare, in Gallatin, and was made of hewn timber, one foot square, and notched down so as to fit close; it was donble. or one pen within another, with four inches space between them. This space was filled with straight poles dropped down from the top. The bottom, or floor was also double like the sides. The inner epace of the building was twenty feet square and the height of the ceiling was also twenty feet. The only entrance was through a trap door in the center of the ceiling." This jail was some two years and a half in building, the vontractor, Jolin Bb, Comer, asking two extensions of time, Just what was the cause of the delay was not given in his petition for more time. The jail when completed, answered the purpose for several years. or until 1858, when the new stone jail, which had been contracted for, was completed. The latter is a solid monument, at a very eostly price, as the county records will show,

Township number fitty-nine of range twenty-six was ordered organized into a school township at the April term, 1541, of the County Court. Asa Smith was appointed school commissioner, and the first meeting was at the house of John Pinkerton, on the first Saturday in June.

It was thought necessary that Gallatin should have guardians to look after her peace and quiet, and a patrol was appointed, of which Jacob Stollings was appointed captain, James T. Farley, Otis B. Rich, and John B. Comer were appointed patrolmen,

William Morgan, while collector, seemed to have been short in his accounts, and not settling after a long time allowed him, suit was ordered against him and his sureties at the May term.

The county clerk having been ordered to make out an account of the receipts and disbursements trom the organization of the county, in 1837, to January 1, 1541, reports as follows: - -

RL a a ne a ee a ee ee $1,457.65 By amount of receipts for payments.... ..........20 cm on STS By amount due the county from sundries........ Sie Saiuasieice: "Ee

A Legalizing Act

The action of the people in the location of the county seat was not strictly in accordance with the law made and provided in this case, and a question arose as to its legality, and also as to the title of lots sold in by the county trom the plat of the county seat. To cover all or any illegality in the

"Srctron 1. All the acts and proceedings of the County Court of Daviess county, and the commissioners of the seat of justice of said county, shall be as binding and effectual, on all parties interested, as if the same had been done in pursuance of the statute law then in foree; and all the acts of said commissioners, had or done in locating the seat of justice of said county shall be and the same are hereby legalized and rendered as binding and as effectual as if the same had been done in accordance with the law then in force; and all purchasers of lots in Gallatin, the seat of justice of said county, shall have and are hereby vested with as full and perfect titles to the same as if the law had been complied with, in every particular, by said commissioners.

"Seo. 2. The county seat of Daviess county may hereafter be removed and relocated in conformity to the general law on that subject; and if threefifths of the taxable inhabitants of said county shall petition for the removal of the county seat, in conformity to the existing laws, it shall be the duty of the County Court, without delay, to take the necessary steps to have a site selected, and an election held to confirm or reject the same; and if the site selected shall be approved of by a majority of the voters at such election, the County Court shall proceed, without delay, to appoint a commissioner, lay out a town, sell lots, contract for public buildings, and change the place for holding courts, and do all other acts necessary to establish the county seat, in conformity to law; and, if said County Court refuse or fail to do any act according to law, it may be compelled to do so by the Cirenit Court of said county.

Fifth Judicial Circuit

Daviess connty became a part of the Fifth Judicial Cirenit by an act of the General Assembly of 1840-41, which reads as follows: - "Aw Act to establish the Fifth Judicial Circuit, and to fix the times of holding court. "Be it enacted by the General Assembly of the State of Missouri, as follows:

"See. 3. The Cirenit Courts in the Filth Judicial Cirenit shall be heldas follows: For the county of Clay, the third Monday in Febrnary, term thereof, as fixed by the law in force before the passage of this act, shall be held to appear at the term of such courts as preseribed by this act; and all writs and other process issued heretofore, and made returnable to any term of either of said courts, as fixed by the law in force before the passage of this act, shall stand over and be returnable to the courts, respectively, as established by this act, and all causes at issue under the old law shall stand over fur trial at the terms respectively, as fixed by this act.

For the years from January 1, 1838 to January 1, 1841, the taxation for county purposes continued to be an advance of one hundred per cent over the State levy.

Joseph L. Nelson, court-house contractor, asked for a change of the corpice from brick to plank on the eourt-house and he was allowed the change provided the work was well done.

One More

A new township was ordered as follows, to be ent out of Benton and Grand River townships: " Beginning at the head of Cypress Creek; thence down said creek to its month; thence down Grand River to the crossing of the line dividing townships 60 and 61; thence east with said line to the line dividing ranges 26 and 27; thence with said range line to the northern bonndary of the county. To be known and ealled by the name of Hickory township.

Tobias Miller, new county commissoner, was ordered to make a settlement with his predecessor, Philip Covington, and he reported said Covington in debt to the county in the sum of $318.54, upon which amount the court ordered suit to be commenced against Covington to recover said sum. There seeins to have been a pretty steady failure to pay over money on the part of collectors and treasurers in those early days. Perhaps an exception should be made in the case of Tobias Miller who sueceeded Covington, and had made his monthly statements promptly and to this date March, 1542, is still a trusted otticial of the county with a clear record.

Atthe March term of the County Court, 1542, a petition was received to make anew county out of the north part of Benton and favorably considered.

The township as organized was wholly in the territory known now as Harrison county, and reached to the Iowa State line. Clinton county at that time also extended to the Iowa line, DeKalb, Gentry, and Worth not then being organized. The metes and bounds of this new township were as follows: -

" Beginning at a point on the Clinton county line, one mile north of the line dividing townsbips 61 and 62; thence running east with the section line to Cypress Creek; thence up the main tork of said Creek to the head; thence following the divide between East Grand River and Big Creek to the State line: thence west on said line to the Clinton county line; thence south on said line to the place of beginning. To be called Norru."

Sixteen Cents

On an examination of the account of the clerk of the Circuit Court of Daviess county, that worthy individual was found to be indebted to said county in the sum of sixteen cents, the court ordered " that said cireuit clerk is indebted to the county of Daviess in the sum of sixteen cents, for balance on fines collected by him. It is therefore ordered that he pay the same into the county treasury.' This, it is presumed, was done, as on a further examination of the record no snit at law was found. Mr. John Pinkerton was found to be farther indebted to the county of Daviess for fines collected by him, which he had somehow neglected to report. This last sum amounted to eighty-four dollars ($84). It seems that a change had been made in the plans of the new court-house, the walls were ordered to be built higher, and the contractor carried them up and was relieved from painting the walls. He also added two windows and was allowed $40 for the same. The following named persons were the first justices of the peace for North township: John W. Brown, Alva Coudet, and Thomas J. Flint, and their appointment dated from May 2, 1842.

The boundary line of North township was changed at the June term of the County Court as follows: "That the south boundary of North township be so altered that the same shall commence two miles north of the point of beginning, as now located, and running due east with the section line across Congressional township number 62 to Cypress Creek; thence up said ereek as before, taking two miles off of North township and attaching the same to Benton." The first eleetion in North township was the general election in August, 1S42.

The County Court having made the discovery at the J une term, 1842, that Jacob Stollingsand William M. Livey, who were superintendents of public buildings, were interested in the contract for building the court-house, summarily removed them, and appointed Tobias Miller in their place.

The citizens were given the privilege of building a public well on the square, if within thirty feet of the court-house wall, and they also must re-

Amount Of School Money

There was a net deficiency in the road and canal fund of $969.104. Up to September, 1842, $4,914.19 had been paid on the new court-honse, to the order of Benedict Weldon, to Joseph L. Nelson, contractor.

The election in Angnst, 1842, elected Wiley Pool, William M. Livey, and John Cravens as the new county judges, and John Cravens was, by his associates, elected presiding justice. They first held court at the December term, 1842. The bridge across Muddy Creek, on the State road, was completed at a cost of $264.

The bills brought in for gaarding the Mormon prisoners in Clay county, which were paid, and other bills incidental to that contlict were considered really a State matter and not county, and with these views the legislature ot 1842-43 was asked to reimburse the county for the money thus expended. A hearing was had and proof furnished, and the legislature agreed to the justness of the claim and passed the following relief act on the anniversary of Washington's birthday : -

"Secrron 1. The anditor of public accounts is hereby authorized and required to draw his warrant on the treasury in favor of the County Coart of Daviess county, for the use and benefit of said county for the sum of six hundred and thirty-one dollars and fifty cents to be paid ont of the fund appropriated to defray expenses of the Mormon War; said sum being in full for damages and costs sustained by said Daviess county on account of gnarding and boarding Joseph Smith and certain other Mormon prisoners, in the county of Clay.

It seems that np to this time William P. Peinston as sheriff, and Adam Clendenen as treasurer, had followed closely after the pattern of Tobias Miller, and all so far stood straight with the county in their accounts.

The court at the May term, 1543, accepted the new conrt-house as completed, except in a few minor and not expensive items, and the county commissioner and superintendent of public building, Tobias Miller, was ordered to make settlement with said Nelson, contractor, and to give up his bonds secured by Benedict Weldon, for the faithful performance of his contract. The settlement was as follows: -

Total contract and interest... 02. ..c0. cen eee wee os $8,094.55 PORE MAREE PANE TRAE 0 ono nera specie meneame 5,505.24 Due Weleaivevates Seon testi ek" Hitieaceemers $2589.31

After this settlement and at the September term, 1843, no further county building being under way, the office of superintendent of same was abolished and Tubias Miller was simply county commissioner.

The county paid to Nelson out of the school fund on four separate warrants $2,453.63, leaving a balance his due with interest, of $148.63 on the final settlement for payment of court-house. This was at the September term, 18468.

On the 4th day of June, 1844, at the session of the County Court a new township was ordered to be organized out of the territory of Sugar Creek and North townships, and its boundaries to be as fulluws: -

* Beginning at the point where the State road from Moscow to Savannah erosse? the line between Grundy and Daviess counties; thence west to the summit of the divide between Big Creek and the East Fork of Grand River; thence north eight miles; thence west to a point one mile west of the East fork of Big Creek, thence north to the northern boundary of the 'State; thence east along said boundary to the point where the territory of Daviess and Grundy county corners; thenee south to the place of bevinning, to be known and called by the name of Manpisoyn township. : -

The County Court, at its June term, ordered the election to be held in the township, and at the following places, the election being the general State election, to be held in August, for two days, the first Monday and Tuesday,

Jacob Stollings and George W. Peck asked for a license to keep an inn or tavern, and it was granted on condition that they give bonds in the sum of two hundred dollars, pay ten dollars for the license to the State and twenty dollars to the county. They called it the " Mansion House."

At the August election there was quite a change in the officers. Hon. John Cravens was reéleeted, and with him Thomas Greenwood and Nathaniel Martin, in place of Pool and Livey, while Peniston was succeeded by the old presiding justice of the County Court, M. T. Green, as sheritt. Robert

Wilson, who had held the clerkship from 1838, was this year, 1844, sueceeded by Thomas T. Frame. Justice Cravens still continued as presiding justice.

The December term. 1844, of the court ordered an election in Gallatin township, for justice of the peace. At the previous election Asa Vallandigham and Thomas 8. Drane polled a tie vote, the first in the county. The new county clerk, Thomas T. 'rame, was appointed janitor and commis. sioner to look after the court-house building, ete. The cupola having leaked it was ordered to be repaired, and Mr. Frame to let the contract. Mr. Frame appointed George W. Poage, deputy clerk; this latter gentleman being the first deputy appointed, as a fixture. Temporary clerks were heretofore only appointed in absence of the regular clerk.

The late sheriff, William DP. Peniston, brings in his settlement which shows his indebtedness to the county to be $4.02, which is supposed to have been settled, as no suit was commenced against him or his sureties

Benton township was cut off, and the part again added to its north boundary. Some dissatisfaction having existed the boundary line of said township was again changed, and the following is the record, as decided upon in March.

"Beginning at the first island in the middle of Grand River above Cravensville; thence northeast with the hollow in the direction of John Grant's, until it intersects the range line dividing ranges twenty-seven and twentyeight and with said range line to the northern line of the county proper; thence west with the county line to the northeast corner of the county; thence south with the connty line to the middle of Grand River, and witli the channel of said river and meanderings to the place of beginning."

These boundaries were made, and changes were also made in the two toljowing townships, to accommodate them to the new county line of Harrison, organized trom Daviess,

"Beginning at the first island in Grand River above Cravensville; thence northeast with the hollow in direction of John Grant's, until it intersects with range line dividing ranges twenty-seven and twenty-eight, and with said range line to the northern line of the county proper; thence east with the northern boundary of the county to the northeast corner of said county; thence south to the point where the township line dividing townships filty-nine and sixty intersects the eastern boundary of the county; thence west with the aforesaid township line to the middle of Grand River; thence wp said river with the meanderings thereof to the place of beginning."

" Beginning at the eastern boundary of the county, at a point where the township line dividing townships fifty-nine and sixty intersects the eastern boundary of the county; thence west with the township line to the middle of Grand [iver; thence down Grand River with the meanderings thereof to the county line; thence north with the eastern boundary of the county to the place of beginning."

Joho Mann made an effort to get $130 additional compensation for work done ou Big Muddy Creek bridge, but, at the March term. the court was unable to see where the above sum was put in, and decided to hold it over for further examination.

The petition, or montion, of Theodore Peviston, George W. Poage, and G. M. Keene to be admitted to practice as attorneys and counsellors at law in this court, was received and favorably acted upon.

Tobias Miller handed in his resignation as county commissioner after a little over four years of service, having handled and paid out all moneys for the erection of public bnildings. His resignation was accepted, and as no other name is reported as succeeding him, the office was probably abolished. Ile presented a final account for settlement, and the county, as was not generally the case with other officials, owed him. He received a warrant for $76.86, and Tobias Miller was no more in public life, for a time at least, but while an officer of the county proved capable, as well as an honest man.

The last assessment of the territory, now Harrison county, by the Daviess county assessor, was in the spring of 1845. Oliver P. Green was not only a prompt assessor, but he was away up in valuations, and the farmers, or afew wealthy ones, would come into conrt and ask a reduction. This was all well enough, but when Mr. Green assessed a man twice and he paid a double tax, it was admitted that Mr. Green was vetting the assessing business down to a pretty fine point. Robert Nickle had been thus imposed upon, and the court ordered, * That the court being satisfied that Robert Nickle was assessed twice last year and paid the same, that the said Nickle receive a credit of ninety cents on his tax receipt for 1845." Mr. Nickle went away as happy as eighteen nickles could make him, and he felt that the County Court was honest to the last niekle. The County Court still continned to make tax rates easy to understand, and the court, up to 1545, just doubled the State tax 'on all objects of taxation except licenses, which were the same as State, and the same was the county tax."

Harrison county, having been organized, sends John W. Grown to make settlement with Daviess for its share of the tax fund, and there was found to be dne Harrison county $155.32.

A special election was ordered the first Monday in August in the county for the election of members to the convention to revise the constitution. This was at the July term.

William H. Harrison is the first free person of color found asking for a license to reside in this State. Having furnished his surety he got his license, which read, "so long as he is of good behavior."

At the October term, 1845, Joseph L, Nelson received a warrant for $142.62, balance due on the erection of the court-honse. This paid him in full, and the court-house was clear of debt.

The County Court, at its February term, 1846, paid to the agent of Harrison county the amount due said county, found on a previous settlement, $155.82.

Clerk Frame was ordered to sell all unsold public lots he could, and to draw up a plan for a plank fence aronnd the court-house square. Clerk Frame reported two plans, one to be a board fence to be put on lengthwise, and the other a picket tence. The report is that he recommended the board fence, as it would save the cost of gates. It could be built not over four feet high, and it would be easy to climb over, and a great deal less trouble than a gate, besides saving the cost of the last named article, and there being no gates cattle could not get in and do damage. The above report, while likely, is not of record, and the author dose not vouch for its correctness, especially as at this time a picket fence and gates surround the pleasant conrthonse square.

The county never having made a settlement or received pay of Thomas W. Jacobs, the court at the June term, 1846, appointed Dr. John Cravens agent to settle said claim of Daviess county against Thomas W. Jacobs, of Grundy county.

At the same term of the court the sum of eight dollars was allowed for making benches tor the court-house, and Robert Wilson, former clerk, was appointed commissioner to settle with A, Clendenen, county treasurer. It is also of record that Clerk Frame beside his other important duties was appointed "commissioner to look after and superintend the tixing of the lightning-rods on the court-house."

The Jnly term, 1546, effected the long deferred settlement with Thomas W. Jacobs through his agent, and he was credited with, paid on execution, $21, Grundy county warrants, $315.60, and notes $204.40. As these amounts made the original sum due to the county by Jacobs, it looked very much as if Jacobs had got slightly the better of the county, having had the use of the money a little over eight years, without interest.

The new court elected in 1846 at the August election met for the October term. The new judges were us follows: John A. Tuggle, Robert Wilson, and Tobias Miller, and the Honorable John A. Tuggle was made presiding

The first record of the action of a coroner was that of Jacob Stollings, who presented a bill to the County Court at the February term, 1847, for the sum of $11.45 for holding an inquest on the budy of J. A. Moorman.

At the May term of the court Gallatin had grown so that 2 large batch of blank licenses were issued to the clerk, six for lawyers, twelve for physicians, and eighteen for merchants.

Sciiool Census

It was not until June, 1847, that direct steps were taken to tind out the number of children of school age in the county. The school fund had been constantly increasing from the sale of school lands. Quite a number of townships had organized school districts and were receiving their share of school funds. There had been for several years an active interest taken in schools, and several townships had asked and obtained permission for the sale of the sixteenth, or school section, within their borders. It was thought best to have a complete enumeration of the school children within the county that a proper and more systematic effort might be made to advance the cause of education and place it within the reach ot those who were entitled to its benelits. To that end the court, on Monday, June 7, 1847, appointed a justice of the peace from each township tu ascertain the number of white children within their respective townships.

Edgar ©. Kelso was appointed for Gallatin; Manuel Martin, for Harrison; William Prewett, for Jefferson; Mounce Nickle, for Jackson; Robert ©. Williams. tor Grand River; W. H. Cravens, for Benton.

These enumerators were to report at the September court. and the State school fund received by the county was to be apportioned according to this report among the several townships. Among the officers elected at the August term, was Hugh Farry, as assessor in place of O, P. Green, who had the office for two terms.

A Dam

The Todd Dam, in Livingston county, had been deelared a nuisance. It was built across the West Fork of the Grand River, and its destruction was ordered by an act of the General Assembly upon petition, and three commissioners appointed to view the said dam, value its remains, and otherwise dispose of the nuisance. The State appointed John D, Coulson and John Cravens to represent Daviess, and William Hudgins and William Jen- nings, Livingston county. The County Court appointed Benedict Weldon in lieu of A. Cleudenen, who had received the appointment, but was absent from the State. The commissioners, "after having been duly sworn, met at the 'mill-dam,' aforesaid, on the eighth day of Jnly, i847, and after due deliberation, do assess the damages to the owner of said mill property, oecasioned by its abatement thereof, at twelve hundred and ninety ($1,290) dollars,and most earnestly recommend the same. Your commissioners deem it unnecessary to enter into any elaborate reasoning, setting forth the advantages to be derived by the citizens of Daviess and other counties adjacent to Grand River, by removing this obstruction." [This report was dated July $, 1847, and signed:] "Joan Cravens. "J. D. Courson. "Wiitiam Hoparys. "Thomas JENNINGS. "Brnepicr WrELpon."

The money was ordered to be paid by the county of Daviess, out of the road and canal fund. This expense was considered pretty heavy to fall on Daviess county, and the ever ready and versatile Thomas T. Frame, clerk of the County Court, was appointed commissioner again, this time to proceed to Brunswick and other places and try and raise a portion of the money to abate the Todd Dam nuisance. The State commissioners also made out and returred a separate report, and the county ace epted the same, and proposed to Reuben McCroskey to get a proper release from the parties he purehased the property from and the said $1,290 would be promptly forthcoming.

A. Clendenen was ordered to go to Grundy county and get the money on the warrants the county received of Jacobs on settlement, and if he couldn't get the money toput the warrants into the hands of some responsible person, to receive it from said Grundy county when it was ready to pay them. That Jacobs matter seemed to hang fire terribly.

A Partition Ordered

Some years hence the following order of the court may have more interest to the generation then existing than the present, for many of the present day were owners of slaves, and there were but few who cared to separate these slaves or sell them ont of the family. This order of the court shows how far it was willing to go that the slaves of an estate might be kept together. The order reads: -

"Ordered that E. C. Kelso, John Osborn, and Benedict Weldon be appointed commissioners to make partition among the heirs and children of Wiley Cope, Sr., deceased; to-wit, James Cope, Mason W. Cope, Nancy Estes (late Nancy Cope), John Cope, Polly Frazier (late Polly Cope), Sally Frazier (late Sally Cope), Levi Cope, and Elizabeth Miller (late Elizabeth

Cope). And also to assign Keziah Cope, widow of the Jate Wiley Cope, Sr., her dower in the slaves of said estate. Said commissioners are directed, that if it can be amicably and fairly arranved that the widow will take one of said slaves for life, and that the rest of said slaves may be set off to so many of said heirs as the number of said slaves will admit, then they are to do so, stating the value of each of said slaves and to what person each is allotted. If this cannot be fairly done, said commissioners are to assign said widow one-third in value of said slaves and partition the rest among said heirs the best they can. And if said partition cannot satisfactorily be made, either way, then said commissioners are to report a partition and assignment both ways, so that if possible said slaves shall not be sold."

It would look as if this action of the court was done as mueli to regard the rights and feelings of the slaves as to protect the heirs. The commissioners lost no time in attending to their duties, and the order given them at the March term was duly acted upon, and they made a full report of their action at the May term of said court. Their report was accepted by the court, as nO Opposition was made, the court being satisfied with its fairness, as well as the widow and heirs with the provisions of its partition. The report reads:

"The undersigned commissioners, appointed by this court at the March term thereof, 4. p. 1548, to divide and partition among the children mentioned in the order, and assign dower to the widow of Wiley Cope, Sr., deceased, the negro slaves of the estate of said deceased, assembled at the house of Allen Cope in said county on the 20th and 21st days of March, 1848, engaged in their duty. They were shown seven negroes in all, and in aveordance with the first proposition in said order, proceeded to valne said slaves, assign dower, and make partition. The woman Milly, mother of the children, upwards of thirty-three years of aye, valued at $350, was allotted to the widow as her dower Dick, the father of the children, about thirty-nine years of age, valued at $350, the girl Eliza, about six years of age, valued atS225 were allotted to John Cupe, he having his own share, Elizabeth Miller's, and having control of James D. Cope's children and heirs of the said Wiley Cope, Sr., deceased. Boy, Dennis, aged about eleven years, valued at $300; Nicy, girl, aged eight years, valued at $275, and boy child, James, aged about five months old, valued at $100; total value of all three $675, allotted to Levi B. Cope, who owns, besides his own share, the share of Mason W. Cope, one of the heirs. The girl, Chaney, about four years old. valued at S175, was allotted to Naney Estes. As Polly Frazier and her husband preferred their share in money, and Russel lrazier, father of the children of Sally Frazier, deceased, desired also tu have money instead of a negro, it will be perceived that the total value of the slaves partitioned among the children is $1,425, which, divided into eight shares, gives $178.12} to each share. So Levi B. Cope has $318.75 over and above his shares in the value of said slaves. Jolin Cope has over and above his share $40.654. Mrs, Estes' ne- gro falls $3.12} below her share, and there will be enough coming, or due, from Levi B. Cope and John Cope to pay Mrs. Polly Frazier and the heirs of Sally Frazier, and only Jacking one dollar of paying up to equality Mrs, Estes. It was agreeed between Levi B. Copeand Solomon Frazier and wife, Polly, that said Cope, on confirmation of the report is to execute his note to them for $100, payable with interest twelve months from date. And your commissioners, believing that the allotment and assignment above will prove satisfactory to the parties, refrain from reporting as to the widow's third, ete. All of which is respectfully reported, March 21, 1848.

"Tt is therefore ordered by the court that the foregoing report be confirmed, and that Levi B. Cope and John Cope pay to Solomon Frazier and wife and Russei Frazier, tor the heirs of Sally Frazier, deceased, $178.12, being the share of each, and also pay to Mrs. Nancy Estes $3.12, the amount her negro falls short in value of her share. And it is further ordered that the distributors, under said partition, pay all the costs of the proceeding, under the partition and assignment of dower, in equal parts."

General Election

A general election was ordered to take place on the first Monday and Tnesday in August, 1848, in the following named townships; to-wit, Harrison, Gallatin, Jefferson, Jackson, Grand River,and Benton. It seems that after the organization of Harrison county out of the territory north of the county of Daviess proper, these were the only remaining townships in the county, the others being in the territory of Harrison. Lt was found that Benton, Grand River, and Jackson extended into said territory, and their metes and bounds were changed to correspond with the county lines, proper.

A new enumeration of school children was ordered at the July term, 1848, in all the townships, and also that the State school money may be apportioned among the organized townships. There were at this time eight organized school townships in the county, as follows: Township 59, range 27; township 58, range 27; township 58, range 28; township 60, range 28; township 59, range 28; township 59, range 26: township 60, range 27; and township 59, range 29.

The sum of $480 was allowed for a bridge across Honey Creek. The court agreed to advance $100 to the contractor on signing the contract with approved sureties, and the bridge was to be guaranteed for three years.

The standard rule of taxation since the organization of the county had been that double the State tax was and shonld he the tax assessed by the county. There were two exceptions, the first and second year, and that of licenses which had changed more or less from year to year. But the year 1848 twenty-five per cent only was added thereto, the tax being an advance over the State tax of that sum. Licenses, however, remaining the same as the State.

Up to July 3, 1845, the "dam question had not been settled, and Benediet Weldon was appointed agent to settle the matter with the claimant Renben MeCrosky. The county would pay the $1,290 damages assessed if McCrosky would deduct the cost of the suit arising and get the title perfect against any and all other persons.

The first election for a prosecuting attorney for this judicial circuit of record was ordered to be held on the 6th and 7th davs of November, 1845.

A bridge was contracted for across the West Fork of Grand River at or near Stolling's Ferry at a cost of $2,000, to be completed in one year.

The "dam " question and MeCrosky came up once more, and as he failed and refused to comply with the order for the removal of the dam, the county ordered that all orders in reference thereto be expunged from the record and declared null and void. So MeCrosky had his dam but no money.

At Last

The grand jurors having served their county and country so long, gratuitously, were at length rewarded at the March term, 1849, by an order granting them $1 per day for serving, but only two days would be paid for, so they were to get through in that time. They were also generally allowed five cents a mile travel to the court-house.

Tobias Miller having resigned as one of the justices of the County Court, the court recommended that the governor appoint the Hon, M. T. Green, former judge, sheritt, collector, etc.

The cupola trouble still existed. It would leak. The court at last agreed to pay $85 to warrant it tight for two years, and George W. Moore took the contract. This was in May, S49.

The governor indorsed the recommendation of the court at its last session, and Meriwether I. Green took his seat and oath of office at the June term, 1849, in place of Tobias Miller, resigned, as one of the judges of the County Court.

Grand River Association

The General Assembly passed an act at the session of 1848-49 for the improvement of the Grand River trom its mouth to the mouth of Big Creek on its West Fork, and to the town of Trenton on the East Fork, to be known as the "Grand River Association,' and the counties of Chariton, Carroll, Livingston, Daviess, and Grundy were authorized to invest in said association if they saw fit, which had for its object the improvement of Grand River so as to be navigable for steamboats, vessels, rafts, and other crafts." The capital stock was to be $200,000.