Daviess County, Missouri - Chapter 10: The Doings of a Decade in Daviess County, 1882

Chapter 10: The Doings of a Decade in Daviess County

Daviess County Female Academy - Shipping Paupers - New Judges - Holding Circuit Court - Incorporation of Gallatin - Railroads - Probate Court - County Railroad Agent - Sereral Iltems - Lexington & Daviess County Railroad - Gallatin Incorporated - The Closing Act - Agricultural and Mechanical Association.

It was decided to advance the eause of education in Daviess county by opening a "female academy," if possible, in the town of Gallatin, and to that end the General Assembly of the State of Missouri, at the session of 1845-49, upon petition, passed an act to establish a female academy in the county of Daviess. The act reads as tollows: -

"Secrtoy 1, There shall be, and hereby is ordained, constituted, and established in the county of Daviess, a body politic and corporate, with perpetual succession, by the name and style of the * Daviess County Female Academy,' and by that name shall be competent to contract and be contracted with, to sue and be sued, plead and be impleaded, answer and be answered unto, in all courts and places whatsvever, with full power and anthority to acquire, hold, use, possess, occupy, and enjoy the same, to sell, convey and dispose of all such real estate and personal property as is or may be necessary for the use of said corporation, and may have and use a common seal, and the same may be altered or changed at pleasure; and may also make, ordain, establish and put into exeeution such by-laws, ordinances, rules and regulations as shall be proper and necessary for the prudent and efficient: man: iwement of the affairs of said corporation, and for the good vovernment of the academy to be established by said corporation : Provided, however, that no by-laws, ordinances, rules or regulations of said corporation shall be contrary to or inconsistent with the laws and constitution of this State or of the United States.

"Section 2. The said corporation shall have é power to take and receive, as a donation or otherwise, any lands and tenements, money, rents, goods, chattels and etfects which may be given, granted, donated or dneieed tu said eorporation for the purposes of education,

"Section 3. The corporate powers shall be vested in u board of trustees, to consist of seven, a majority of whom shall constitute a quorum to do business.

"Secrion 5. The County Court of Daviess county shall have power to appoint the first board of trustees, any three of whom shall have power to call a meeting of said board, by yviving ten days' previous notice thereof, by handbills or advertisements, set up in three of the most publie places in said county.

"Sretion 6. The said hoard of trustees, and their successors, may, from time to time, establish such offiees, and provide for the election of such persons to fill the same as they may deem proper, and make and ordain sueh constitution, by-laws, rules and regulations, for the well-being and goverrnment of said academy, as they may deem expedient, and annex to the same reasonable pecuniary penalties for breach thereof.

The County Court at the July term, 1849, made the following order naming the following as the trustees of the * Daviess County Female Academy:" Jonathan E. Mann, Volney FE. Bragy, Francis M. Estes, Joseph L. Nelson, Julin D. Williams, Benedict Weldon, and John D. Casey.

Twelve dollars was charged the * Daviess County Lodge" for the use of the northeast room, up-stairs, in the eourt-house for lodge purposes one year.

The following were the patrol for Gallatin township for one year, from September, 1849, to September, 1550: James L. Nelson, captain, Samuel B. Jeftreys, L. J. Prouty, F. M. Estes, and O. B. Richardson.

Fifty-four overseers of roads were appointed at the September and November terms of the court. This lett a few for justices of the peace, constables, ete.

"Ordered by the court that warrant number twenty-six issue on the treasury in favor of Philip R. Wirt, for sixty dollars, being the amount advanced by him to Vie tor Beard, under a contraet with said B Sand to remove himself and one Culver, out of the State, who were about to become a charge upon the county, the said Beard having executed bond and security never to return to the county and become a publie charge.' What other State became their home is not of record; but as Lowa was not far off and sixty dollars not a gold mine to last forever, it may naturally be supposed that the above State had the honor of their presence.

One hundred dollars was allowed to pay the surveyors in Daviess county for the survey of the Hannibal & St. Joseph Railroad, This is the first railroad business transacted by the court in the county. It is fonnd in Book A, tolio 349. The first list of justices of the peace, of record, were elected at the August election, 1550.

New Judges

John Cravens, Hadley Brown, and John P. Lotz were elected justices ot the County Court; Joln W. Sheets held the position of sheriff, and Thomas T. Frame, that of clerk. The new judges held forth at the September term of court, John Cravens acting as presiding justice.

Holding Circuit Court

The time for holding the Cirenit Court in Daviess county was changed by the General Assembly at its session of 1848-49, to the first Mondays after the fourth Mondays in March and September, The session following, that of 1850 and 1851, the time set for holding Cireuit Court in the Fifth Judicial District was again changed, and time for holding the court in Daviess county was on the third Mondays after the fourth Mondays in Mareh and September.

Incorporation Of Gallatin

The town of Gallatin was incorporated in February, 1851, upon a_petition of two-thirds of the inhabitants, and its first trustees were Thomas T. Frame, Joseph L. Nelson, Altred F. Barnett, George W. Brosins, and Robert Wilson. They were to hold oftice until their successors were elected and qualified. A new elerk's office was needed, as there was not room enough in the court-house, and James MeFerran was appointed county commissioner to draw plans and specifications for such an offiee, and figure up the probable cost of the same. Mr. McFerran had his plans ready and he was ordered to advertise tor proposals in the Brunsmicker, and he was to put up others in this county and adjoining counties. Seven hundred dol- Jars were appropriated to build said office and have it ready by September 1, 1851.

Daviess county was, also, struck with the railroad fever, and the immediate cause was the building of the Hannibal & St. Joseph Railroad. This road surveyed two lines, one through Grundy and Daviess, and the other through the tier of counties next south, The people of Daviess were ready to take a step forward and offered to take $30,000 stock in the road, at least that was the opinion, An election was ordered to see if the citizens wished the road that much, and May was the time set for the election.

Probate Court

The General Assembly at the session in 1850-51 passed an act establishing a Probate Court in the county of Daviess with a judge to be elected by the people, and to hold his office for tour years. He was allowed also, if elected or appointed, to hold the office of county court justice, eonuty court clerk or justice of the peace in addition to that of probate judge. He was also extended the privilege of living anywhere within the limits of Daviess county, not being compelled to live at the county seat. ;

The August term, 1851, of the County Court granted the use of the north east room, up stairs in the court-honse, as the oflice of the probate judye, and the clerk of the County Court was ordered to turn over to said judge all the books, papers and records belonging to probate lnsiness.

County Railroad Agent

Hon. Jolin Cravens, who was presiding justice of the Connty Court, resigned at the September term, 1851, and Joln A. Williams was appointed his suecessor. Jolin P. Lotz was appointed presiding justice of the court. As the county had voted $30,000 stock in the Hannibal & St. Joseph Railroad, conditioned © that said road passed through the county," James Me- Ferran was appointed the county agent to represent the county and vote its stock at a directory election to take place in Hannibal.

At the November term, John A. Williams having received his appointment and his commission as county judge took his seat, and was wppointed presiding justice during his term of oltice. He held the same until the May term, 1852, of court, when he having removed from the State, John P. Lotz was chosen to act as presiding justice.

Besides the $30,000 subscribed, the county offered to the Hannibal & St. Joseph Railroad Company the right of way throngh Daviess county free of cost, and also to take $20,000 additional stock if said railroad company located said road by the northern route, passing through or adjacent to the town of Gallatin. As the road did not pass through Daviess county at all, the subscription to stock and the order for right of way were void. But this action of the people showed their desire to advance the progress of the county, by securing. if possible, the great agent of advanced civilization, the "iron horse."

The next step in moral progress was made at the May term of the court, 1853, upon the petition of Robert Wilson and others, a majority of the taxable inhabitants of the town of Gallatin, when the County Court decided and made an order to the effect that "no more dram-shop licenses would be issued for twelve months trom the date of this order.

Several Items

The first mention of grand jury seript was on the settlement of the sheriff. who received fifty-one dollars and ninety-five cents of this seript in his collections.

The General Assembly having passed a law for the ecdueation of the deaf and dumb, which law was approved February 25, 1851, Daviess eounty furnished one pupil in the person of Rebecea Rowland, danghter of Samuel Rowland.

Book A of the record of the county clerk's office closed its pages at the session of the Angust term, 1853,and at the close of the first day's proceeding. This is entered for reference.

The session of the legislature of 1850-51, passed an act allowing petit jurors of Daviess county fifty cents tor their services for each case, the same to be added to and taxed in the bill of costs in cach case. The same session passed an act for the relief of Ex-Sheriff M. T. Green, allow ing him to collect the delinquent tax for the years he was collector, and to have the benefit of the same, as if collector.

The first railroad in which Daviess county took an interest, outside of the Hannibal & St. Joseph, was what was called the Lexington & Daviess County Railroad. The company was incorporated by an act of the legislature, said act being approved February 10,1851. This was a Daviess county road, proper, and was promulgated with a view to connect at Gallatin with the Hannibal & St. Joseph Railroad, if built on the northern route, which was hoped by many. The company was incorporated with a board of thirty- two directors, twenty-four from Ray county, five from Caldwell, and three from Daviess. These last were John D. Williams, John D. Casey, and Philip Wirt. Nine made a full board. The road was to start from the north side of the Missouri River, and thence by the route selected, to the west of Gallatin, on the range line, between twenty-seven and twenty-eight, to intersect the supposed Tlannibal & St. Joseph row. The fihire of this latter road to pass through Daviess county eaused the break-down of the proposed Lexington road. This was felt as a severe drawhack to Daviess county's progress, and it also brouglit to a standstill all railroad enterprises for nearly ascore of years. It was quite that length of titne before Daviess county trembled under the magic touch of the steam enyine, felt the quickening throb of a new civilization, and the awakening of a new era of prosperity.

It was determined that the school townships organized should be known by the number of the congressional township and range in which it is situated. This was decided upon February 7, 1854. A contract to build a bridge across Big Creek, for 81,500), was also entered into at the same time, to be completed in one year.

The County Court, at the June term, 1854, numbered the school districts by congressional townships, from one to sixteen, and the municipal townships were numbered from one to six, as road districts. Benton being No. 1, Grand River No. 2, Jackson No. 38. Harrison Ne. 4, Gallatin, No. 5, and Jetierson No. 6.

The bridge across the West Fork of Grand River at Atkinson's Ferry was let to J. B. Heaton for 87,000, to be completed within eighteen months, and to be insured for three vears. He failed in his contract.

Gallatin Incorporated

The town of Gallatin became large enough, aceording to the belief of its inhabitants, to have an ineurporated town, and a petition to that effeet was presented to the County Court at the November term, 1554. The court responded favorably to this petition and mute the following order of record:

" Now at this time comes Charles M. Scott, and forty-nine others, being at least two-thirds of the inhabitants of the town of Gallatin and present their petition, praying for the incorporation of the town of Gallatin. The court being satisfied that the prayer of said petitioners is reason: able, it is therefore ordered that the same be incorporated by the name and style of iss Inhabitants of the Town of Gallatin.

"And it is further ordered that Dr. John Cravens, Adam Clendenen, James Owings, Henry Whittington, and Otis B. Ttichardson he appointed trustees of sneh town, to hold their offices until their successors are duly elected and qualified."

The funds known as the road and land fund and the internal improvement fand, had been sufficient up to 1855 to meet road improvement and bridge building, but at the commencement of the year 1855 this fund fell short of the requirements of the county to meet the cost of expensive bridges across Grand River, Big and Muddy creeks, and it became necessary for the County Court to have an act passed granting them the privilege of levying a bridge tax.

School Report

The report of twelve school townships of their financial condition was made in February, 1855, which made the total amount of township school fund for said townships $11,907.41. The amount of school money apportioned among the twelve districts was as tollows: -

The first county attorney appointed for Daviess county was James Me- Ferran, and he was appointed at the June term of the court in 1855. "Mae" was allowed $100 per annum for his legal services, and he had the pleasure ot grasping one-fourth of this sum every three months, Not having "Mae's" biography at hand, in what manner he invested this wealth is not known.

The term of the first judge of probate having expired before the regular election, the legislature passed an act at the session of 1854-55 allowing or empowering the County Court to appoint a judge of probate to hold the office until the next general election which was to be held in August, 1856. Under the provision of this act the County Court appointed Robert Wilson, county clerk and judge of the County Court, to be probate judge from August 6, 1855, until the eleetion in 1856.

The Closing At

The Hannibal & St. Joseph Railroad Company having failed to locate their road throngh Daviess county, and the county having gone to considerable expense, it seems a final settlement was decided upon, and James Me- Ferran, who was the county agent to represent the county and vote its stock, was ordered to make a final settlement with the company, giving them back their three hundred shares and releasing the said railroad company from all claims upon it by Daviess county, by said company issuing ten shares of stock fully paid up, and giving their note for $2,000, payable one year from date, with interest at ten per cent. :

Adam Clendenen was appointed county treasurer in December, 1839. He succeeded Elisha B. Creekmore, who failed to keep the treasury office at the county seat. From December, 1839, to August, 1856, Adam Clendenen was treasurer of Daviess county, a period of nearly seventeen years, and in all that time not only was all the money in the county treasury subject to the wants of the county, but all of his own money, also. When the 'bridge money ran short, when expenses got temporarily ahead of the income, it made no difference to Adam Clendenen; he met the dratt or the warrant all the same, if he had the money or could get it, Alter nearly seventeen years of faithful stewardship his final settlement is made, and the county of Daviess owes him $817.66, and a warrant is ordered to he drawn to his credit for that sum. No defiication, no losing the county funds, no robbery. This is a white page in the financial department of Daviess county history, and itis a pity that it had not always been so. :

Tn April, 1857, $4,000 was appropriated to build a stone jail on the northwest corner of the publie square, and Attorney MeFerran was appointed to superintend its construction,

Although sixteen school districts had been organized fur several years, it was not until 1857 that more than twelve received school money. In the latter year the county school money, which amounted to $585, was divided among the sixteen townships, and the amount of township school nioney divided was $1,397.51.

At the June term, 1857, Lewis Brown was appointed swamyp land commissioner tor Daviess county, with power to sell said land, amounting to fourteen thousand aeres, and he gave a bond in the penal sum of $40,000 for the tuithtul pertormanee of his duty, The commissioner made his first report October 5, 1857, four months after taking the office. In that report he shows a sale of 8,0574 acres of swamp and overflowed land, realizing for the same the sum of $50,645,06, The highest price per acre received was for 29-59, acres at $20.10 per nere, and the next highest $17.50 per acre for se , a lot lavhnw 4288 acres. The lowest price received per acre for the land not preéinpted was $2.50. 'The precimpted land bronght the price allowed by Jaw, $l per acre. Two thousand six handred and sixty and twentytwo one-hnudredth acres Lad been preémpted,of which S097.9S was paid in eash. Of the other land, only $270 in cash was paid. The land sold

Agkicultural And Mecuanical Society

In November, 1857, the propriety of organizing an agricultural and mechanical association was suggested, aud a petitition signed by some fifty freeholders, with Jolin MeNeill at the head, petitioned the County Court for an incorporation. The petition was successful, and the following is the order of incorporation : - incorporated for the purpose specitied in said petition, and that thenceforth said petitioners shall be a body politic by the name and style of * The Daviess County Agricultural and Mechanical Society,' and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, plead and be impleaded, detend and be defended in all courts and in all actions, pleas and matters whatsoever, and shall have power to purchase, hold and receive any quantity of land not exceeding thirty acres, with such buildings and improvements as nay be placed thereon, and any other property not exceeding ten thousand dollars. And may convey, lease, sell, and dispose of the same or any part thereof for the benetit of the society, and may have a common seal, and break and alter the same at pleasure."

At the May term, 1858, John W. Sheets, cireuit clerk of Daviess county, was fined by the County Court of said county "$1 for contempt of court." This looks as if John did not show up a elear sheet on that oceasion.

This court also prepared to derive a revenne from traveling shows, and circus licenses were placed at $380 per day and side-shows at $5 per day, and all other shows at the latter price.

The election in August resulted in two new justices of the County Court; viz., Peter Bear and Bailey H. Coffey. The recletion of David Henderson, made him presiding justice. The new adiministration decided to have the collector pay over to the county treasurer all moneys as fast as colleeted and to receive no county warrants exeept for taxes.

The new stone jail was completed, ready to receive all violators of the law, November 15, 1858, at a cost of $7,850. In June, 1859, a kitchen and smoke-house were added at a further cost of S579.