Lincoln County, Missouri - Chapter 4: Organization of the County, Courts, Etc, 1888

Chapter 4: Organization of the County, Courts, Etc

The county of Lincoln was organized in accordance with an act of the Legislature of the Territory of Missouri passed December 14, 1818, and a subsequent act passed on the 23d day of the same month. To the first settler of the county was reserved the honor of securing its establishment, and of selecting its name. In the Territorial Legislature which convened at St. Louis in December, 1818, being the fifth session after the crea- tion of the Territory, the organization of several new counties was discussed. Maj. Christopher Clark, who was a member from St. Charles County, living in that portion out of which Lincoln was carved, proposed the creation of the new county, with the boundaries corresponding very nearly to the present lines. The project met with favorable consideration, and a bill providing for the organization of the county was prepared, a blank space being left for the insertion of its name. Several names were proposed and discussed.

Maj. Clark arose to address the assembly, a duty he seldom attempted in that body. He was not a fluent speaker and was not accustomed to speaking in public. He was a man of excellent sense and judgment, and possessed clear and vigorous ideas upon every subject that engaged his attention, which he could always express in his plain, homely, yet terse and forcible manner. With the peculiarities of a rude frontier education, that read more of the beauty and grandeur of wild nature than of books, he united all those 2nei qualities of head and heart that under other circumstances develop into the cultured and polished gentleman. His stern and inflexible principles of personal integrity and honesty, which ever shaped his rule of conduct, never warped his mind into any puritanical bias, but charity and forbearance toward every human creature were as natural to him as his own unbounded generosity and hospitality. These qualities made him a quiet, unobtrusive, industrious and valuable member of the Legislature, and they were as fully recognized and appreciated by his fellow members, as by his fellow citizens at home. His stalwart and powerful form, his dignified and courteous bearing, and the courage that upheld him on the battle-field and in the peril of the wilderness, and that shown unmistakably in the gleam of his bright eye, always secured him the attentive ear of the entire Assembly. On this occasion, his manner was earnest, and yet without any exhibition of that egotism his words might suggest. His purpose was evident ; he gave a personal reason for the motion he was about to offer. He said: "Mr. Speaker, I was the first man to drive a wagon across Big Creek, the boundary of the proposed new county, and the first permanent white settler within its limits. I was born, sir, in Link-horn County,

N. Q I lived for man y years in ZAnk-hom County, in old ELainfcuok. I wish to live, the remainder of my days, and die in Linkhorn County, in Missouri ; and I move, therefore, that the blank in tin1 hill be filled with the name of Link-horn." The motion was carried unanimously, and the clerk, not adopting the frontier parlance of the Major, wrote "Lincoln" in the blank space of the hill. This was on the 14th day of December, 1818. On the 8th. Jefferson County had been created, and on the 11th, Franklin and Wayne. In 1813 Washington County had been established, ami in 1816 the county of Howard. Thus Lincoln was the sixth county established by the Territorial Legislature, not counting the county of Arkansas, set off during the session of 1813-14, and afterward formed into a separate State. The following is a copy of the caption of the record of proceedings of the first term of court held in Lincoln County, as provided by the acts creating it :

Be it remembered that on this fifth day of April, one thousand eight hundred and nineteen, at the house of Zadock Woods, in said county and Territory, being the time and place directed by the several acts of the Legislature of said Territory, the first entitled "An act for establishing the county of Lincoln," passed the 14th of December, 1818, and the other entitled "An act fixing the times and places for holding superior and circuit courts, and for other purposes," passed the 23d day of December, 1818.

David Todd appeared and produced a commission appointing him judge of the Northwestern Circuit in said territory, which was read openly and is in the following words:

To all who shall see these presents. Greeting: - Know ye, that reposing special trust and confidence in the integrity, abilities and diligence of David Todd, I do appoint him judge of the courts of the Northwestern Circuit, composed of the counties of Cooper, Howard, Montgomery, Lincoln and Pike, and empower him to discharge the duties ^of said office according to law. To have and to hold the said office with all the powers, privileges and emoluments to the same of right appertaining, from and after the first day of February next.

In testimony whereof, I have hereunto affixed the seal of the Territory. Given under my hand at St. Louis the first day of January, in the year of our Lord, one thousand eight hundred and nineteen, and of the independence of the United States, the forty-third.

Upon the back of Judge Todd's commission was endorsed his oath of office, as taken before Squire Augustus Storrs, of Howard County. After the reading of his commission, the Judge took his seat, and proclamation being made by David Bailey, sheriff, the first court was opened and constituted for Lincoln County. John Ruland then appeared, and produced the following commission appointing him clerk of the court, to-wit:

To all icho shall see these presents, Greeting: - Know ye, that whereas the Hon. David Todd, judge of the Northwestern Circuit, has appointed John Ruland, Clerk of the circuit court for the county of Lincoln, I do hereby commission the said John Ruland clerk of the circuit court of Lincoln County, and empower him to discharge the duties of said office according to law. To have and to hold the said office with all the powers, privileges and emoluments to the same of right appertaining.

In testimony whereof, I have caused the seal of the Territory to be affixed. Given under my hand at St. Louis, the first day of April, in the year of our Lord, one thousand eight hundred and nineteen, and of the independence of

First Officials

John Ruland, the clerk thus commissioned, then filed his bond in the sum of $3,000, with Samuel Wells and Nathan Heald, of St. Charles County, as sureties, and took the oath and assumed the duties of his office. David Bailey then produced his commission as sheriff of Lincoln County, it having been executed January 1, 1819, by Frederick Bates, then acting Governor, and executed his official bond to the satisfaction of the court, with Ira Cottle and James White as sureties. He then took the oath of his office, and assumed the duties thereof. This completed the organization of the first court held in Lincoln County, the first business of which was the selection and empaneling of the first grand jury. - Joseph Cottle, foreman; John Null, Prospect K. Bobbins, Samuel H. Lewis, Thacker Vivion, Job Williams, Alambe Williams, Jr., Jeremiah Groshong, John Bell, Jacob Null, Sr., John Hunter, Elijah Collard, William Harrell, Jacob Null, Jr., Isaac Cannon, Hiram Millsaps, Alambe Williams. Sr., and Zachariah* Callaway. Being duly sworn and charged, tin- jurj retired to their room, and after "inquiring in and for the bod} of the county,11 returned without making any pretty atments, and were discharged.

tlni Legislature in the act creating the County of Lincoln, to select a Bite, and to locate the county-seat thereof, then appeared and tiled their official bond in the sum of §15,000, with Jonathan Biggs, Hugh Barnett, Zadock Woods, Ira Cottle and Allen B. Wilson as sureties. The bond was approved by the court, and the commissioners qualified to perform their duties. This ended the business of the first day of the court. The following day the court ordered the clerk to apply to the clerk of St. Charles County, for certified copies of all orders establishing public roads within the boundaries of Lincoln County, and all orders appointing overseers of roads, who were then in office, and a transcript of all orders, and the original papers pertaining to roads not fully established in the territory of Lincoln County.

The court then divided the county into four parts, and ordered that all that part lying east of the fifth principal meridian, and south of the township line, between townships forty-nine and fifty north, should constitute one municipal township to be called and known by the name of Monroe ; and all that part lying west of the fifth principal meridian, and south of the above named township line, should constitute a municipal township to be called and known by the name of Bedford; all that part lying west of the fifth principal meridian, and north of Bedford Township, to constitute a municipal township to be called and known by the name of Union; and that all that part lying east of Union and north of Monroe, should constitute a municipal township to be called and known by the name of Hurricane.

Judges were then appointed to hold elections in the several townships, at the places designated as follows : Prospect K. Bobbins, James Duncan and Joseph Oldham, for Monroe

Township, at the house of Prospect K. Bobbins; Elijah Collard, Benjamin Blanton and Alambe Williams, Jr., for Bedford Township, at the house of Zadock Woods (Troy); Bobert Jameson, Philip Sitton and Samuel Gibson, for Union Township, at the house of Samuel Gibson ; Benjamin Allen, John Ewing, and Jesse Sitton, for Hurricane Township, at the house of Benjamin Allen.

Constables for the several townships were then appointed as follows: James Woods, for Monroe; Lee F. T. Cottle, for Bedford; Thacker Vivion, for Union; and Allen Turnbaugh, for Hurricane. They were all required to execute bonds in the sum of $1,000 each, with approved security, before assuming the duties of their offices. The court then recommended Joseph Cottle to the Governor, as a suitable person to be commissioned surveyor of the county, and Samuel Bailey was appointed deputy sheriff. This completed the organization of the county, and the court adjourned "to term in course."

The first justices of the peace in the county, appointed by the Governor, were Benjamin Cottle and James Duncan, for Bedford Township; Daniel Draper, for Union; Benjamin Allen, for Hurricane; and Prospect K. Bobbins, for Monroe.

First Election

The elections provided for, as above mentioned, were held August 2d, following the organization of the county, and was for a delegate to Congress ; Samuel Hammond and John Scott being the opposing candidates. For some reason, no election was held in Hurricane Township. In Monroe Township nine votes were cast for Samuel Hammond, in Bedford five for John Scott and forty-eight for Hammond, and in Union, twelve for Hammond, making a total of seventy-four votes cast in the county at its first election, and of these Hammond received sixty-nine and Scott five. The latter, however, was elected, notwithstanding the large majority against him in Lincoln. He was then the incumbent of the office, having been first elected in 1816, from which time he held it until Missouri was admitted as a State, and then served three terms as a member of Congress, retiring in 1827.

Beoond Tebh 01 Ooubt

The Becond term of the court was held at the same place as before, beginning on Monday, August 2, 1819. A Dumber of petitions for the Location of public roads, the particulars of which are given under the head of "Highways," were presented and considered. Joseph Cottle produced his commission as surveyor of Lincoln County, and filed his bond as such in the sum of $2,000, with Elijah Collard as surety. David Bailey, sheriff, then filed two bonds with Joseph Cottle and Ben a jab English as sureties - one for the sum of $1,000, conditioned for the collection of the county tax, and the other for the sum of $1,500, conditioned for the collection and payment of all moneys for Territorial purposes. In fixing the penal sum of bonds it seems strange that the court should require $2,000 in the surveyor's bond, when no moneys went into his hands except his own fees, while only §2,500 was required in the bond of the sheriff, the general collector of the taxes. Christopher Clark, David Lord and Almond Cottle wrere each granted a license to keep tavern in the county, upon payment of a fee imposed by law, which wras $10 per year. The grand jury at this term made a number of presentments, all of wrhich wall be considered elsewhere, excepting one in which they expressed their disapprobation of the attempt then recently made in Congress to impose certain restrictions in the constitution of Missouri, preparatory to its admission into the Union. This presentment reads as follows: "The grand jurors for the body of the county of Lincoln, Missouri Territory, beg leave to represent to the honorable court that they consider it their privilege, as well as their bounden duty, to take notice of all acts, whether of a public or private nature, calculated to deprive them and their fellow citizens of any of the privileges and immunities wdiich as Republican freemen they have an unalienable right to exercise and enjoy. They therefore present that the restrictions attempted to be imposed upon the Missouri Territory, by the Congress of the United States, at the last session, in the formation of her State constitution, is unconstitutional and unprecedented, bearing the stamp of oppression heretofore unknown to and perfectly inconsistent with the principles upon which our happy Government is founded. They consider the formation of a State constitution the most solemn and important duty which freemen are ever called upon to perform, and in its performance they ought to pnjoy the full exercise of unshackled and unrestricted volition. They much regret that the necessity has occurred which imperatively demands an expression of their feelings and sentiments, and trust that, when the question of the admission of the Missouri Territory into the Union of the States shall again be agitated in Congress, the true, genuine and Republican spirit of the constitution will be consulted and have its due influence unimpeded by mistaken notions of philanthropy, or the direful genius of usurpation." Signed by Isaac Thurman, Jacob Null, Reuben Noel, John Castleman, Allen Jameson, Abraham Kennedy, Christopher Clark, William Howdeshell, J. D. Morris, Jacob Null, Sr., Sherman Cottle, John Null, Jesse Cox, William Harle, Nathan Ramsey, John A. Spencer, Zachariah Callaway, Thomas Hampton, Benjamin Crose, Jeremiah Groshong, Miles Turner and Samuel Groshong.

The "restrictions" referred to in the. foregoing consisted of a clause which the anti-slavery members of Congress insisted in having incorporated into the constitution of Missouri, to prohibit slavery, before they were willing to vote for its admission into the Union. Great political excitement then prevailed through - Out the country, which finally culminated in the "Missouri Compromise," and the admission of Missouri as a State. [See State History on this subject.] These grand jurors, being representative men of the county, showed by the foregoing expressions how zealously the people of Lincoln County, in its infancy, protected what they believed to be their " sacred rights," and how strenuously they favored State sovereignty.

County Seat

In April, 1819, Ira Cottle, Almond Cottle and Nathaniel Simonds offered to donate to the county a tract of land containing fifty acres, at the town of Monroe, as a site for the seat of justice. The commissioners previously named, who were appointed by the act creating the county of Lincoln to select and fix upon a site for the seat of justice thereof, and to superintend the building of a courthouse and jail, accepted this offer and aslusted in Laying out tin1 land into town Lots, with appropriate Btreets, and procured title for the same from the donors bi a deed dated April 29, L819. Tin} then proceeded to sell Lots, and began to accumulate hinds for the purpose of defraying the expensee of erecting public buildings. During thai summer they caused to be erected a jail at Monroe, and in December following they reported to the court that they had selected and fixed upon a site for the seat of justice, at the town of Monroe, and that a sufficient jail had been erected thereon. The court then ordered that the courts within the county be thereafter held at the town of Monroe. In obedience to this order the next term of the court was held at Monroe, commencing on Monday, April 3, 1820; and there the courts continued to be held while the seat of justice remained at that place.

When Lincoln County was organized, there were no separate county courts in the Territory of Missouri; but the circuit court was given jurisdiction over all county and probate business, in addition to the business over which circuit courts usually have jurisdiction. Consequently, up to the time that county courts were established by law, the county and probate business was all transacted in the circuit court. The law providing for the formation of county courts was passed by the first session of the Legislature of the State of Missouri, even though the State had not at that time formally been admitted into the Union of States. The first term of the county court of Lincoln County was opened by Justices Ira Cottle and Jonathan Riggs, two of the persons commissioned by Gov. Alexander McNair for that purpose, and the following is a copy of the caption of the record of their proceedings at the first term.

David Bailey, sheriff, was also present, and constituted one of the officers of the court. The first action of the court was the appointment of Bennett Palmer as county court clerk. Constables were then appointed as follows : William S. Duncan and James Collard, for Bedford Township; David Bailey, for Monroe; and Edwin Allen, for Hurricane. David Bailey was also appointed collector of the State and county taxes, and Samuel Bailey was appointed assessor of the taxable property in the county. An order was then made for a transcript of the records of all business recorded in the office of the clerk of the circuit court, pertaining to county business, and the pay of the justices of the court was fixed at $2 per day. After transacting some other business, the court adjourned. At the following April term of the court, John Geiger appeared and produced his commission from the Governor, as one of the county court justices, and took his seat with the other members of the court.

It is very evident that the commissioners who selected Monroe as the place for the seat of justice did not take into consideration the extent of the territory included within the boundaries of the county, else they surely would not have located the county seat clear to one corner. It was certainly a very inconsistent act, and was soon so regarded by the people. The only reason apparently that can be given why they seated Monroe, was because it was then in the most thickly settled portion of the county. In regard to the county seat and its removal from Monroe, and incidents connected therewith, Dr. Joseph A. Mudd, formerly of Troy, has given, in his brief but valuable history of the county, the following interesting account:

" The selection of Monroe as the county seat was never satisfactory to the people of the county. By reference to the session acts of the Legislature for 1822, will be found an act, Chapter 38, providing for its removal from that point. In the preamble it is set forth that 'the inhabitants of this county suffer great hardships an*d inconvenience, occasioned by their seat of justice having been located at Monroe, which is situated in the southeast corner of the county, and that a good majority of the citi- renter/ The Legislature therefore appointed Robert Gay, of Tike. Francis Howell, Br., of St. Charles, and William Lamme, of Montgomery, commissioners, and empowered them with full authority to select a suitable site in accordance with the petition. The courts were to be continued at Monroe until the erection of a court house and jail at the new county seat. The Legislature also appointed Andrew Miller, Samuel Gibson and Thompson Blanton, all of this county, commissioners of the courthouse and jail to be erected, and empowered them or a majority of them to purchase or receive as a donation such lot or parcel of land, not less than fifty nor more than two hundred acres, as the first named commissioners should have fixed upon for the site of the public buildings referred to, and 'to take and receive to them ami their successors in office, for the use of the county, from the person or persons of whom they may receive a donation or make a purchase of land as aforesaid, a warranty deed, in fee simple,' which should be made a trust for the county. And the last above-named commissioners should lay off the same into squares or lots, and dispose of or sell the same, and perform and fulfill the same duties as set forth in the provisions of the act establishing the county. The commissioners were required to take the usual oath and to give bond. It was further specified that any lots or lands remaining unsold by the commissioners should be by them released to the Governor of the State in trust for the county. This act was approved January 2, 1822. At the February term of the county court, Philip Sitton was appointed commissioner in place of Samuel Gibson, resigned, and William H. Robinson, of Bedford Township, in lieu of Thompson Blanton, also resigned. The court, at the August term, allowed the accounts of the first named commissioners, as follows: William Lamme, $12; Francis Howell and Robert Gay, each §10; James Duncan, a magistrate, for administering the oath to them, 31 \ cents.

of the legislative, act before the removal of the county seat; but on the first Monday in February, 1823, the county court convened at Alexandria, the point selected by the commissioners as the new county seat. The books and papers had been sent up the previous Saturday, and deposited in the only dwelling house of the place. This was a hewed-log building, one and a half story, with one window containing twelve lights of 8x10 glass, clap-board roof, floor and door of rough planks cut by a whip-saw, and a wood and mud chimney with stone back, capable of holding a six-foot log. A small room adjoining was used as a kitchen. This was quite a stylish and comfortable residence for the frontiers of Missouri in that day, and it was with no little pride that the good lady of the house surrendered the ' best room ' for the use of the court, and retired to the kitchen. The room thus placed at the disposal of the county officials was large enough to accommodate them and some twenty spectators.

" Ira Cottle, Benjamin Cottle and John Geiger were the county justices; Gen. Jonathan Biggs the sheriff, and Francis Parker, clerk. The business of the court proceeded leisurely enough until an hour or two before noon, when it began to be whispered about that the kind lady of the house, who, it was plain to be seen, was in a delicate condition, had reached such a crisis as might compel the court and all attendants to leave at any moment, and without ceremony. The wheels of the car of justice moved faster from that hour. The cases that could not be dispatched in a few minutes each were continued over, and the crowd rapidly melted away. There was one case, however, that could neither be continued, on account of the persistent demands of the plaintiff, nor hurried through, because of the obstinate resistance of the defendant. The president of the court, Col. Ira Cottle, was the administrator of the estate of John Ewing, deceased, and William R. Gilbert, of Pike County, was guardian of Ewing's children. Gilbert desired to have Cottle ruled to give additional security in the sum of $2,000. This was the issue in controversy. Gilbert's lawyer was the late Ezra Hunt, afterward circuit attorney, and still later circuit judge of this circuit, who had ridden some forty miles from home, and did not intend to return without having the case settled. It was reached about night, when all, Bave the officers of the courl and the lawyer, had gone. I'll-1 court had been engaged incessantly, and endeavoring with the greatest diligence and exertion in farthering its work since the first note of warning was Bounded, ami it is to be pre- Burned that its members were in anything hut an equable state of mind. Tin* evidence in this particular case was all of record. During its examination the respective parties became unusually excited. The Judge, forgetful of the dignity of his station, poured out the vials of his wrath upon the devoted head of the lawyer. The latter was not slow to retort in kind, and for several hours the trial was nothing else than a war of words, and these of the sharpest and most abusive character. Finally, about 11 o'clock, the disputants quieted down, and the case was submitted to the other judges, who, in a few minutes, decided in favor of the demand of the guardian's attorney.

" The court wras now ready for adjournment, and the question was, to when should it adjourn? A motion was made to adjourn to the next court in course, when one of the members suggested that it would be about proper to adjourn till after midnight, then call the court and adjourn over to next term. This would show another day's session, and allow the judges to draw each $2 more and the sheriff §1.50. This latter course was agreed on, the officers of the court being satisfied that they had performed two days' service in one. In the interim the clerk was making up the records, the justices were lounging about, and Judge Hunt was trying to sleep, stretched on his back on the floor, with his head resting on the hearth. A pack of hungry wolves in the woods near by were making the night hideous with their howling, and the inmates of the court room, having fasted from early breakfast, and feeling acutely the gnawings of empty stomachs, would involuntarily compare the condition of the hungry pack inside with that of the hungry pack outside. Presently the cause just tried came up in the mind of Col. Cottle, and he began venting his spleen upon his adversary. He was a large man, of fine appearance, rather inclined to be boisterous in manner, and very profuse in the use of oaths. Judge Hunt was a much smaller man, but fully as irascible as his opponent. He replied in language thickly sprinkled with epithets more vigorous than polite or pious, and was about to rise from his position, as if to engage in something stronger than words. Luckily for the peace of the household on that interesting occasion, he happened to cast his eye up the chimney to where, about six feet above the hearth, hung a fine venison ham. All controversy was forgotten as he sprang like a famished tiger up the capacious jaws of the chimney, and brought down the prize in triumph. The anger of Col. Cottle was instantly changed into smiles, and in the place of oaths and epithets all was friendliness and joviality. The meat was well cured and really delicious. The hungry crowd never before had venison that tasted so sweetly. The repast was scarcely finished when sounds from the kitchen indicated the near advent of a new comer into the world. Court was hastily called and adjourned over to that in course, and all present left at once, accompanying Gen. Riggs to his hospitable home on Cuivre. Less than two hours afterward the family of the patriotic lady was increased by the addition of a daughter."

"At a specml term held November 19, 1825, John Lindsey, Thompson Blanton, Jonathan Cottle and Benjamin Cottle, justices on the bench, the county commissioners for the courthouse and jail, Sitton, Miller and Robinson, appeared and made a final settlement. They produced a deed of relinquishment to the county for all such lands and lots as remained in their hands as commissioners in trust for the county. An examination of their accounts showed that at the two sales of town lots on April 11, and May 24, 1822, for the purpose of raising money to be appropriated to building a courthouse and jail, the sum of $887.25 was realized; and at the sale of October 1, 1824, $33.50, making a total of $920.75. To their credit was placed $380, paid by them for building a jail, and $448.50 for building a court house; for recording papers, $5; for chain carriers, $4, making a total of $846.50, and leaving on hand $74.25. This amount was divided equally, and turned over to the commissioners as part of their salary of $48 each, and for the remainder they received warrants."

majority of tin* citizens of tin* county became dissatisfied with its location, being Bitnated as it was on a ridge of land inaccessible to water. Accordingly, on the ;~>th day <>f August, L828, during the sitting of the county court, with Justices James Duncan and John Lindseyon the bench, Joshua X. Bobbins and Emanuel Block presented a petition signed by a lawful number of the taxable inhabitants of the county, namely, more than three-fifths thereof, praying for a removal of the county seat from Alexandria, to the town of Troy. Thereupon the Court appointed Felix Scott, of the county of St. Charles, Thomas Kerr, of the county of Pike, Richard Wright, Philip Glover and George Clay, of the county of Montgomery, commissioners to select a site whereon to locate the seat of justice of the county of Lincoln, and authorized them to meet at the house of Andrew Monroe,* in the town of Troy, on the 15th day of September following, to begin the performance of the duties assigned them. Notice of this meeting was given, as per orders of the Court, by the sheritf, who posted advertisements in ten of the most public places in the county. The commissioners met at the time and place appointed, and selected Troy as the site for the seat of justice, and on the 24th day of the same month they procured title by deed from George Collier and wife, donors, for two blocks of land, the first consisting of Lots 158, 159, 180 and 181, according to Collier's addition to the original plat of the town of Troy, and the other block of the same size lying west of, and adjoining the former. The consideration expressed in the deed was $1, and the promise that the courthouse should be erected on the first described block, and the jail on the other. The report of the proceedings of the commissioners was presented to, and approved by the judge of the circuit court, and a copy thereof, together with the judge's approval, was transmitted to the county court at its November term, 1828, whereupon an election was ordered to be held in the several townships of the county, on Monday, the 8th day of December following, to take the sense of the electors, as to the selection made by the commissioners. The election was accordingly held, and on Thursday following, James Duncan, Henry Watts and Joseph H. Allen, county court justices, held a special session to examine the poll books and count the votes. They found that a majority of the " free white male taxable resident land and householders " of the county had voted for the place selected, and that the number of votes cast in favor of the selection was 211, and only two against it. Thereupon the Court Considered the seat of justice of Lincoln County removed to the place selected in the town of Troy, agreeable to the provisions of the statute in such cases made and provided.'

Then on motion of Alfred W. Carr, it was ordered by the Court that the citizens of Troy should be permitted to remove the jail and furnitdre belonging to the county, at Alexandria, to the town of Troy, and to erect the jail on the ground deeded to the county by George Collier and wife for that purpose; provided that the citizens of Troy should, at their own expense, put up the jail on the new premises, in every way in as good order as where it then stood. Alfred W. Carr was then appointed commissioner of the new seat of justice, and as such filed his official bond, and qualified accordingly. On the 3d day of January following he reported to the Court that a convenient courthouse and jail at Troy was then in readiness for use. Whereupon it was ordered that thereafter the courts of the county should be held in the courthouse at Troy, and the clerk was ordered to notify the Hon. Beverly Tucker, judge of the circuit court, of such removal of the seat of justice. The last session of the county court held in Alexandria, was on January 3, 1829, and the first one held in Troy was on Monday, February 9, 1829. The county seat, after much controversy, was now permanently located at the old place formerly known as Woods' Fort, and subsequently as Troy, the place where the county was organized, and where the first courts were held before a site was chosen for the county seat; and here it has remained ever since, and in all probability will continue to remain for generations to come. At the February term, 1829, the court ordered Commissioner Carr to sell " the old barn situated on the county property at Troy," also the courthouse at Alexandria, and the old jail at Monroe, also certain lots in Troy, on the first Monday of May following. These lots had been donated to the county by different persons, on consideration of the location of the county seat at Troy.

\\ tin1 Becond term of the Lincoln County ( 'ircuit Court, commencing on Monday, August 2, L819, a petition signed by a number of the inhabitants of Monroe Township, praying for a the town of Moscow,1' were presented by John Geiger; and Barney Thornhill, William Howdeshell, Abraham Kennedy, Jacob Groshong, Sr., and Lnmbert Collier were appointed commissioners to review and mark out the proposed roads uon the nearest and most practicable route, and to the greatest ease and convenience of the inhabitants, and as little as may be to the prejudice of any person or persons, and report on the same next term." Another petition signed by a number of the inhabitants of Bedford Township, praying for a road "from Monroe to Woods' Fort (now Troy), and thence to the west line of the county, in a direction to the seat of justice of Howard County," was presented by Joseph Cottle, whereupon E. Collard, Samuel Gibson, Joseph McCoy, and Prospect K. Bobbins were appointed commissioners to view and mark out the proposed road, with the same restrictions as enjoined on the first commissioners appointed. Another petition, praying for a road "from Woods' Fort to the north line of St. Charles County in a direction to St. Charles, and from Woods' Fort to the south line of Pike County in a direction to the seat of justice of said county, was presented by S. H. Lewis and Joseph Cottle, and the Court appointed David Porter, Samuel Gibson, Abraham Kennedy, E. Collard and David Bailey as commissioners to mark and lay it out. Another petition signed by a number of the inhabitants of the county, praying for a road to be established from Woods' Fort, on the most direct and practicable route, to the northern boundary of the county, in the direction of the mills on Salt River, and to pass by the habitations of Alambe Williams, Sr., Thomas Hammond and Col. Cox's Ford on North Cuivre, was presented by Benjamin Crose and Alambe Williams ; whereupon the court appointed John Hunter, Zachariah Callaway, Hugh Barnett and Elijah Collard as commissioners to view and mark out the proposed road.

then in session at Monroe, the new county-seat, a petition signed by a number of the inhabitants of Monroe Township, praying for a road to be established from the town of Monroe to Joseph Howdeshell's residence in Hurricane Township, and from there on the nearest and best route to intersect the Salt River road, was presented by David Bailey; and James Lewis, Samuel Gibson and Ira Cottle were appointed commissioners to view and mark out the same. At this time the following named persons were appointed by the Court to lay off and divide the roads in the several Townships and to allot lands to the several overseers, viz. : Benjamin Cottle, for Bedford Township; Prospect K. Bobbins and James Duncan, for Monroe Township; Benjamin Allen, for Hurricane Township ; and Daniel Draper, for Union Township. Subsequently, at the August term of the court in 1829, a petition signed by certain inhabitants of the county, praying for a road to be established from Monroe to Troy (Woods' Fort), was presented by John Geiger. William Baty, Morgan Wright, Abraham Kennedy, Andrew Miller and Stephen Cottle were appointed to mark and lay it out. Another petition was presented by Benjamin Cottle, signed by himself and others, praying for a road to be established from Monroe to the western boundary of the county, the route to commence " at the dwelling house of Moses Oldham, thence to cross the Cuivre at the Yankee Ford, and entering the town of Troy at the east end of Monroe Street," and thence to its termination. Christopher Clark, Jonathan Biggs and David Bailey were appointed to mark and lay it out, under the usual instructions pertaining to the ease and convenience of the people.

The foregoing proposed roads were all established upon reports of the commissioners appointed, and were the first highways established in Lincoln County after its organization. A few, however, had previously been located while the territory formed a part of St. Charles County. The county court being now established (January 15, 1821) assumed jurisdiction over the highways, and all unfinished business in the circuit pertaining thereto was transferred to this new tribunal. At the second term of the county court, held in April, 1821, a license was granted to Bennett Palmer for the sum of $2, authorizing him u to keep a ferry across fche River am Onivre, opposite the town ol Monroe.'1 This is tlu* first reoord of a License granted t»> run a ferry in Lincoln County. The following January, Jonathan RiggS, for the Bum of $2, was granted a license "to keep a from Troy to Auburn. His license was renewed annually for many years, and in February, 1829, as shown by the record of the court, he was authorized to charge the following rates of ferriage: Footman, 12 J- cents; man and horse, 1H % cents; horse and dearborn, 25 cents: wagon and two horses, 37£ cents; wagon and three horses, 50 cents; wagon and four horses, 75 cents; cattle, grown, per head, 12^ cents. When the water was over the banks, he was allowed to charge for a man and horse, 25 cents, and to increase other ferriage in the same proportion. This crossing is still called Biggs' Ferry or Biggs' Ford.

In 1847 Lincoln County received from the State $181.95 of the internal improvement fund, and the following year the further sum of $1,315. In November, 1848, Samuel James was paid from this fund the sum of §1,471.27, for building a bridge across North Cuivre; and the same year William Crouch was pair1 Si, 495 out of a fund known as the " three per cent fund," for building the bridge across the Cuivre, at Moscow. Further sums of the internal improvement fund were received by the county, as follows: 1849, $626.95; 1850, $1,550.50. In 1852 Edward J. Peers received of this fund $280 for building a bridge across Spring Creek. In 1844 the condition of the road and canal funds belonging to the county was as follows:

From 1844 to 1846 $1,111.91 of these funds were expended and lost. In November, 1846, the following amounts were paid out on bridges then in process of construction: Moscow Slough, $165; King's Lake, $140; Main Cuivre, $1,020; West Cuivre, $995; Lower Big Slough, $200; Big Creek, $425. These funds were so expended from time to time that in May, 1853, only $1,228.20 remained, and that balance was exhausted soon after.

Public Buildings

The first public building erected in Lincoln County was the jail, which was constructed at Monroe in the summer of 1819. No courthouse was erected there, probably because it was too evident from the start the seat of justice would not long remain there. The records do not state in whose house the courts were held at Monroe while it was the county seat, but in December, 1819, Benjamin Cottle was allowed $16 " for the use of his house for court." From this it may be inferred that the courts were held in the house of Mr. Cottle while the seat of justice remained at Monroe. Perhaps they were held part of the time in the houses of other citizens. A small jail made of squared logs and a small frame courthouse were erected at Alexandria, when the county seat was moved to that place. In May, 1829, after the seat of justice was moved to Troy, the Court ordered that sealed proposals for the construction of a new courthouse should be received. Afterward, at the August term of that year, the sealed proposals were examined and it was found that David Bailey and Jesse Harrison were the lowest and only bidders, the amount proposed by each of them being $1,500 for building the courthouse, which, according to the specifications, was to be a twostory brick building forty feet square. The Court, exercising its preference, awarded the contract to David Bailey, who erected the building and had it ready for occupancy in 1830. Immediately after Troy became the seat of justice, the citizens of the place moved the log jail from Alexandria to Troy and rebuilt it on the lot where the present jail stands. Alfred W. Canwas the commissioner who superintended the erection of the first public buildings at Troy.

Iii February, 18 89, fche Court appropriated $3,000 for fche building of a new jail, and in August following plans and specifications were adopted for a two-story brick jail 24x48 feet in Bize, to contain " four rooms, with a passage of six feet across fche width of the building, separating the dwelling rooms from the prison rooms,11 and to l>e covered with shingles, etc. John ('handler was appointed jail commissioner, and the contract for building the jail was awarded to John A. Wool folk for the sum of (3,350,. and in November, 1840, it was received completed from the hands of the contractor. John Chandler was allowed $75 for his services as superintendent. The present courthouse was built in 1870, by Edwards & Griffith, at a cost of $'27,447.50. At a special term of the county court, November 10, 1870, Judge E. N. Bonfils, the commissioner, reported it completed according to contract, and it was accepted by the Court. It is a substantial brick structure, two stories in height, and sets upon a stone foundation. Its form is that of a T, with the top of the letter facing Main Street. The first story contains a hall with stairs to the second story, the office of the county clerk, the offices of the circuit court clerk and recorder in one room, two fire-proof vaults for the public records, the county court room and the office of the probate judge. The second story contains a hall, sheriffs and collectors offices in one room, the circuit court room, and a jury room. All rooms are large and commodious, and the building is constructed according to modern architecture. The present jail, which is also a substantial brick and iron structure, consisting of the jail proper and the jailers residence combined, was built and finished in 1876, on the site of the former jail, by P. J. Pauly & Bro., of St. Louis, at a cost of §7,500. Col. T. G. Hutt was the commissioner.

Poor Asylum And Farm

In November, 1865, the Court appointed Richard Wommack commissioner to select a proper site for a county poorhouse, and authorized him to advertise for proposals for a tract of land not exceeding 160 acres, and to purchase the land he might select, and agree to pay one-half of the purchase price in cash and to issue bonds bearing 10 per cent interest for the other half, payable in one year after date. The Court reserved the right, however, to confirm or reject such purchase. In February following, the commissioner not being ready to report, the above order was renewed and further time given. At the May term, I860, Commissioner Wommack reported that in response to advertising as ordered he had received six offers of farms, three of which he deemed entirely unsuitable, and that the other three consisted of a farm of 157 acres, lying two miles north of Troy, owned by Charles W. Parker, the price of which was $2,000, and a farm of 160 acres, owned by Joseph H. Withrow, in Township 49, Range 1 west, the price of which was $20 per acre, and another farm of 160 acres, owned by Francis C. Cake, the price of which was also $20 per acre. The Court, after approving the report and discharging the commissioner, viewed and examined the three farms offered, and decided that the one offered by Mr. Cake should be purchased on the terms expressed in the foregoing order. Whereupon Francis C. Cake presented to the court a deed, executed by himself and wife, conveying to Lincoln County, for the sum of $3,200, the southwest quarter of Section 2, in Township 48 north, Range 1 west, containing 160 acres, it being the farm selected. This deed was accepted by the Court and placed on record.

The Court then appointed J. B. Miller and James M. McLellan commissioners to prepare plans and specifications for the building of a poor asylum, and in July following Francis C. Cake was appointed to receive sealed bids for building the same. In August following the Court accepted the proposals of Ezekiel B. Adams, John R. Kendall and James H. Green, and entered into a contract with Messrs. Adams and Kendall for furnishing the materials and building the stone and brick work and plastering the poor house, according to the plans and specifications then on file, for the sum of $5,600. The contractors afterward gave bond to the satisfaction of the Court, -eonditioned for the faithful performance of their part of the contract. The Court also entered into a contract with James H. Green, who engaged to furnish the material and do the wood and carpenter work and painting of the building for the sum of $4,200, and after- vrard filed his bond to the satisfaction of the Cuurt, conditioned for the faithful execution of his part of the contract Afterw id. on January ->. L868, J. B. Miller, who had been appointed to superintend tin4 building of 1 1 1 * * poorhouse, reported that A Lams ami Kendal] had completed their part of the work according to contract Accordingly the work was accepted from their hands, and the balance due them on the contract ordered allowed. The Court then appropriated $525 for the purpose of procuring furniture for the poorhouse, and appointed Francis C. Cake ageut to purchase it. In February following Mr. Cake reported that he had purchased the furniture for §399.30, and thus saved $125.70 of the amount appropriated.

On the 28th day of November, 1868, Supt. Miller reported to the Court, recommending that certain deductions, amounting in the aggregate to §1,055, should be made from the amount agreed to be paid to James H. Green for failures to perform his part of the work according to contract. The Court approved the report and withheld the balance claimed by the contractor. Consequently, in April following, Green brought suit against the county, in the circuit court, and asked for judgment in his favor for the §1,055 claimed by him to be remaining due. The suit was brought by Henry Quigly, plaintiff's attorney, and A. V. McKee became the attorney for the county. The case was continued until April, 1870, when it was tried before a jury, who rendered a verdict in favor of the plaintiff for §699.91, whereupon judgment was entered accordingly. In May following the county court allowed the plaintiff, James H. Green, the sum of §702.91, being the amount of his judgment and costs. The first superintendent of the poor farm was Henry G. Bickel, who agreed with the Court to furnish to the county the services of himself and wife in managing the farm and taking care of the paupers for twelve months, commencing October 1, 1870, for the sum of §650. He was succeeded by James W. Brown, who took charge of the farm and the paupers December 1, 1871, and has continued to superintend it ever since. The first year he received for the services of himself and wife the sum of §400, and since then his annual salary has been sometimes greater and sometimes less than that amount.

The organization of Monroe, Bedford, Union and Hurricane, the four original municipal townships, has been given. The first change in township boundary lines was made in April, 1820, when that part of Monroe lying between the Cuivre, Big Creek and the fifth principal meridian was cut off by order of the Court and added to Bedford. Afterward, from time to time, new townships were formed, with names, dates and boundaries as follows:

Waverly. - November 7, 1825, on petition of Gabriel P. Nash, Caleb McFarland, JMarcus H. McFarland, Meredith Cox, James F. Moore and twenty other citizens of Union Township: Commencing at the northwest corner of Township 51, Range 2 west, and running to the southwest corner of Section 6, Township 50, and Range 2 west ; thence east to the southeast corner of Section 1, Township 50, Range 2 west; thence north to the northeast corner of Section 1, Township 51, Range 2 west; thence west to the place of beginning The new township thus formed contained twenty-eight taxable inhabitants. The house - of Meredith Cox was named as the place for holding elections, and Meredith Cox, Nicholas Wells and Hugh Barnett were appointed judges of elections. Henry Watts and Caleb McFarland were recommended to the Governor for appointment as justices of the peace. In August, 1826, that part of Union Township situated south of Waverly, being Township 50 north, and Ranges 2 and 3 west, was attached to Waverly.

Clark. - February 9, 1826, on petition of Christopher Clark, Cary K. Duncan, Morgan Wright, Malcom Henry, Jr., and twenty-six other citizens of Bedford Township, as follows: All that part of Bedford Township as is situated south of the line dividing Townships 48 and 49 north. The new municipal township thus formed contained eighty-eight taxable inhabitants. The elections were ordered to be held at the house of Christopher Clark and Thompson Blanton ; David Clark, Sr., and Morgan Wright were appointed judges thereof. David Clark, Sr., Cary K. Duncan and Seymore Davis were recommended to the Governor for appointment as justices of the peace. In November, 1827, the line between Waverly and Union Townships was changed so as to enlarge the latter.

Prairie, August 17. L848, on petition of a Large number of citizens: Commencing at the aorthwesl corner of Section 1. Township 19 north, 1 i .- 1 1 1 i_r « > '.*> wesl ; running thence Boutfa on the county line four miles, to the southwest corner of Section 21, Township 49 north, Range 8 west; thence easi on the Warren County line four miles to the southwest corner of Section 19, Township 49 north. Range 2 west; thence south on said Warren County lino four miles to the southwest corner of Section 7, Township 48 north. Range 2 west; thence east three miles to the southeast corner of Section 9, Township 48 north, Range 2 west; thence north eleven miles to the northeast corner of Section 21, Township 50 north, Range 2 west, to the Waverly Township line; thence west on the Waverly Township line three miles to the Montgomery County line, at the northwest corner of Section 195 Township 50, north, Range 2 west; thence south on said Montgomery County line three miles to the southwest corner of Section 31, Township 50 north, Range 2 west; thence west on said Montgomery County line four miles to the place of beginning. The elections were Qrdered to be held at the house of Thomas Gammon, and Robert B. Allen, Isaac Cannon and Malen Spy res were appointed judges thereof.

Millwood. - May 31, 1856, on petition of Henry T. Mudd, Richard Wommack, Hilary P. Mudd, George I. Dyer, James S. Wilson, William C. Sands, Horatio C. Clare and eighty-four others: Commencing at the northeast corner of Township 50 north, Range 2 west; thence west to the northeast corner of Section 6 ; thence south to the southeast corner of Section 18, Township 50 north, Range 2 west; thence west to the county line; thence south to the southwest corner of Section 28, Township 50 north, Range 3 west; thence east to the southeast corner of Section 25 ; thence south to the township line dividing Townships 49 and 50 north ; thence east with said township line until it reaches the north fork of Cuivre River, and making it (the river) the boundary until it reaches the east line of Section 1, Township 50 north, Range 2 west; thence north to the place of beginning. The elections were ordered to be held at the town of Millwood.

Owen C. Robinson, Joseph L. Duncan, James C. Ellmore, John C. Wells, John C. Williams and forty-four others: Beginning at the northwest corner of Section 33, Township 50 north, Range 3 west; thence north on the county line to the northwest corner of Section 4, Township 50 north, Range 3 west; thence east on the township line between Townships 50 and 51 north, to the north east corner of Section 6, Township 50 north, Range 2 west; thence south on the section lines to the middle of the channel of West Cuivre River in Section 7, Township 49 north, Range 2 west; thence up the main channel of said river to the north line of Section 33, Township 50 north, Range 3 west; thence west on said line to the place of beginning. The town of Nineveh, since Olney, was made the place for holding the elections.

Burr Oak. - May 11, 1875, on petition of David Allen, Henry H. Morris, Charles L. Alloway, Henry L. Luck and 155 others: Beginning on the range line between Ranges 1 and 2 east, at the center line of Section 7, Township 50 north, Range 2 east; thence south on the range line to the southwest corner of Section 7 Township 49 north, Range 2 east; thence east on section lines to the west line of Survey No. 376; thence north on said line to the south line of Survey No. 1789 ; thence easterly on said line and section line to the range line between Ranges 2 and 3 east; thence ast on the line of Sections 1 and 12 and the line of Duey and Dalton to the east line of Lincoln County, in the Mississippi River; thence up said river to the north line of Survey 1678; thence west on said line to the section line of Sections 1 and 12, Township 50 north, Range 2 east, and on said line to the east line of Survey No. 1724 ; thence north on said line to the line between Reid and Withington; thence west on their lines to the west line of said survey; thence north on said west line to the center line of Section 9, Township 50 north, Range 2 east; thence west on said line to the place of beginning. It was then ordered that the village of Burr Oak should be the place for holding elections in the new township thus formed.

Snow Hill. - May 11, 1875, on petition of Joel B. Cunningham, William J. Dryden and others: Beginning on the fifth principal meridian at the center of Section 18,* Township 50 north, the center Line of Section 13, Township 49 north, Range 1 east; thence west to Cuivre River at the center line of Section is. Township 40 north, Range 1 east; thence up Cuivre River to the fifth principal meridian; thence up said meridian to the place of beginning. The village of Dryden was designated as the place for holding elections.

Change between Nineveh and Prairie. - In August, L884, on petition of H. H. Jones, John E. Mosley and thirty-seven other citizens, the county court ordered "that West Cuivre River he made the north boundary line of Prairie, and the south boundary line of Nineveh Townships; that is, that all of Prairie Township lying north of Cuivre River, be transferred to Nineveh Township.11 With the exception of this latter change, the municipal townships of the county are correctly shown on the county atlas, published by Edwards Bros., in 1878. In looking at the map, care should be taken to include that part of Prairie shown to lie north of the Cuivre, with Nineveh.

The Public Lands And Indian Treaties

The manner by which the United States obtained title from France to the territory of which Lincoln County forms a part has been given in the State Department of this work; but how the title was obtained from the Indians, who claimed it by right of possesion, remains to be told. At the earliest period known, Northeast Missouri was claimed by the Missouri tribe of Indians, called by Father Marquette, the first white man who saw them, the "Ou-Messouret," and by other early French chroniclers, the " We-Messouret " nation. They claimed, at one time, all of the countrv between the Missouri and Des Moines Rivers. The first treaty between the United States and the Indians, resulting in the extinguishment of the Indian title to this region, was made at St. Louis, November 3, 1804, between the head chiefs and representatives of the Sacs and Foxes, and William Kenry Harrison, governor of the Indiana Territory and of the District of Lou- isiaua, superintendent of Indian affairs and of the said territory and district, and commissioner plenipotentiary of the United States. The chiefs representing the Indians were Layouvois (or Laiyuwa), Pashepaho (the "Gigger"or Fish Spearer), Quashquame (the Jumping Fish), Outchquaha (or Sun Fish), and Hashequaxhiqua (or the Bear).

The treaty was a lengthy one, consisting of twelve articles^ in the first of which the United States received the Sac and Fox tribes into friendship and protection, and the tribes agreed to consider themselves " under the protection of the United States and no other power." Article 2 prescribed the general^ boundary line between the United States and the said Indian tribes, as follows:

Beginning at a point on the Missouri Biver, opposite to the mouth of the Gasconade Biver ; thence on a direct course so as to strike the Biver Jeffreon (Fabius) at a distance of thirty miles from its mouth, and down said Jeffreon to the Mississippi; thence up the Mississippi to the mouth of the Ouisconsing (Wisconsin) Biver, and up the same to a point which shall be thirty miles in a direct line from the mouth of said river ; thence by a direct line to a point where the Fox Biver, a branch of the Illinois, leaves the small lake called Sakaegan; thence down the Fox Biver to the Illinois, and down the same to the Mississippi. And the said tribes, for and in consideration of the friendship and protection of the United States, of goods of the value of $2,234.50, which they now deliver, and of the annuity hereinafter stipulated to be paid, do hereby cede and relinquish to the United States all the lands included within the above described boundary.

The annuity mentioned was to consist of $1,000 worth of goods, "suited to the circumstances of the Indians," to be delivered yearly to the tribes at St. Louis, or some other convenient point on the Mississippi; $600 worth for the Sacs, and $400 worth for the Foxes. It was also stipulated that the tribes should take an equivalent amount of the annuity in domestic animals, implements of husbandry, and other utensils. The tribes agreed to never sell any of their lands to any power but the United States. The other provisions of this treaty are not sufficiently important to be considered here. It was fairly observed, with

After the War of L812 it became necessary to make another treaty with the Sacs. This treaty was signed at St. Louis, September 13, L815, by Gov. William Clark. Nmian Edwards and Auguste Chouteau, commissioners of the Unite* I States, and oertain chiefs and warriors of a branch of the Sacs, designated as

II a certain portion of the Sac Nation of Indians, residing on the Missouri River.'1 This was the loyal portion of the tribe which had separated from the hostile^. Its leading representatives who signed the treaty were the ever faithful (^uashquame, Shamaga (the Lance), Kataka (the Sturgeon), Neshota (the Twin), Wesaka (the Devil), Catchemackeseo (the Big Eagle) and Chekaqua (Hewho-stands-by-the-tree). This treaty was a re-establishment of that of November 3, 1804. The next day, September 14, a similar treaty was made with the Foxes by the same commissioners.

Black Hawk and the others of his tribe who had joined the British during the war were at this time on Bock Biver, in Wisconsin. They were invited to come down and sign the treaty, but were afraid the United States would seize them and punish them for their faithlessness and bloody crimes. They could not be induced to come in and treat until the spring of 1816, when, on the 13th of May, a treaty was signed between " certain chiefs and warriors of the Sacs of Bock Biver and adjacent country," and Gov. William Clark, Ninian Edwards and Auguste Chouteau, the latter the commissioners of the United States. This, too, was a renewal of the treaty of 1804, and the Sacs of Bock Biver were amnestied, and placed upon the same footing they stood on before the war. As signed to this treaty, Black Hawk's name is translated " Black Sparrow Hawk." At this time he was but a sub-chief, by no means a " head-chief," and it may be that he was merely a warrior. The other Indians who signed this treaty were Anowart (the Speaker), Namawenane (the Sturgeon Man), Matchequawa (the Bad Axe), Sakeeto (the Thunder-that-frightens), Cashupwa (the Swan-whose-wings-crack-as-he-flies), and sixteen others. It will be seen by the terms of the treaty of 1804 that the whole of

Lincoln County lies within the boundary of the tract of land to which the United States then obtained title from the Indians. These treaties were made with the Indians simply to pacify and keep them quiet, not because the Government really recognized any title to these lands in the savages.