Linn County, Missouri - Chapter 2: When the Wilderness Commenced to Blossom Like, 1882

Chapter 2: When the Wilderness Commenced to Blossom Like

1831 - Influx of Settlers - Their Homes and Trials - The First Mill - School - Churches, Preachers, Teachers, and Physicians - Trading Point - Prices of Goods - Barter and Sale - Countri/ Produce - Game, Hone//, etc - Scale of Prices - Life and Incidents - Splitting Rails - Work of Progress - Looking Back - The P((st and the Present.

The first mill erected in the county was a horse-mill by William and Jesse Bowyer, on the east side of Locust Creek, west of the fair-grounds, about the year 1834, and that was way ahead of any other enterprise of the day. Keytesville lost a good deal of toll by the building of that mill. Bott's mill was soon after erected over on Paison's Creek, township fifty-nine, range twenty-two, and Maddox & Rook's mill on Yellow Creek, township fifty-eight, range eighteen was at work in 1840. This same year SethBotts and William Bowyer commenced building the water mill on Locust Creek, which still stands some three and a half miles from Linneus. Before completion, Bowver sold his interest to Thomas Botts, brother of Seth, and the two brothers finished the mill the year above mentioned. With these, the county was doing some of the grinding for her people. Settlements were steadily progressing all over the county, and extending into the present limits of Sullivan.

James A. Clark settled on section nineteen, township fifty-nine, range twenty, Augustus W. Flournoy on section thirty-one, Jeremiah Phillips on thirty-six. E. T. Dennison got his claim over the line into Sullivan county; John J. Flood settled on section nineteen, James Howell was in Clay township, Robert Warren in Jackson, John W. Minnis, like Dennison, found himself in Sullivan; David Mullin was in Locust Creek, Meredith Brown in Parson Creek, Abraham Yenable in Benton, Irvin and John M. Ogan in Clay, the Ashbrooks in Grantsville, Mordecai Lane in Yellow Creek, with Epperley, John Cherry, John Kem- per, Charles A. Fore, Robert C. Combs and others, and this list might be continued until the names and location of over two liuiidred of these first settlers could be recorded, who date their arrivals before the organization of the county. Enough, however, is here given to show that all parts of the county had received its share of the immigrants who came to the land of the setting sun, the golden west, to make it their homes. The names of most of these early settlers will be found in these pages. Not all that had come to make their homes here, but such as could be found of record.

The first school was taught in 1837, on section twenty-four, township tift^'-eight, range twenty-one, not far from the range line between twentyone and twenty, a Mr. Hover being the teacher. He came from Howard county. His pupils numbered from eighteen to twenty, and the names of some of those who attended the school may be of interest, and are familiar to many now living, are among the living themselves, and are here given. There were James and Elizabeth Beckett, James and Robert Tisdale, James, Kenneth and Martha Newton, James M. Prailee, Rebecca Pendleton, and the children of David Mullins among his scholars. There was another school northwest of here, which was kept one winter by R. W. Foster, afterwards county surveyor and county agent for the town of Linneus. Allen Gillispie is credited with having taught the first school at the county seat.

The Rev. Wilhite, belonging to the Baptist denomination, held meetings in the open air, and also at the houses of many of the settlers. He was ver}' much thought of, and being an eloquent preacher, his coming was the signal for a full turnout. His meetings were always large, and his sermons interesting. Another of the early preachers was the Rev. John Baker, who also belonged to the Baptist persuasion, known as the Hardshells. The first wedding recorded was in 1838, was that of Henry Cherry, son of John Cherry, to Miss Susan Kemper, daughter of Enoch Kemper, who so long held the position of county clerk, and whose death was recorded while still holding the office.

The first death in the county was that of James Copeland, who died in 1834; he lived on the west bank of Locust Creek, west of Linneus. The next death of record was that of Jubal Hurt; the administration of his estate in 1838 is among the first of record. A Mr. Webber died in 1839, and was buried at the Linneus graveyard. In December, 1839, John D, Grant, who surveyed the town of Liimeus and made the first sale of lots, died, and was succeed by Robert W. Foster. These are the early deaths noted.

The first physician who came to the county was from Keytesville, to see a brother of John Yount, who was sick with the fever. This was in 1834, Among the early physicians of the county was Dr. H. J. Dryden, and not long after his arrival came Dr. Isaac Relph. These two were the only resi- dent physicians in the county for a number of years, and of course they had a large practice. Some otlier physicians would come, but did not stay long, and the two spoken of above would have calls nearly to the Iowa State line. Still the health of the countr}' was such that a physician in those -days found it necessary to mingle other pursuits with that of medicine to accumulate wealth. Rev. Jesse Going was among the first preachers who came to Linn county and settled. He was an earnest man, belonging to the Baptist denomination, and not only preached at the cabins of the early settlers of Linn county, but also of Livingston, Grundy, and Sullivan. Then there was another Baptist, the Rev. A. F. Martin, who had large congregations wherever he preached, and who was not wanting in his duty. Both of these gentlemen are still living and reside in the county. The Methodist denomination was also represented in the well known and ever welcome circuit rider, whose duties covered a vast extent of country, and who acted as the advance-guard of religion and civilization, as the star of empire continued its westward way. The pioneer preachers of those days had work to perform, not a cushioned pew and a few thousand a year, but were fully exposed to the hardships, dangers, and privations of those early times, but then they loved their work and shrank not from its trials and its dangers.

Settling

Quite a settlement sprung up on Parsons' Creek, in what is now Jackson township, in 1838, some settlers dating earlier. The Kirbys, Singletons, and others came from Kentucky. Lay, Gooch, and Morris got there about 1840. Benton, Grantsville, and Baker townships were settled about the same time. In fact, settlements were springing up in almost every section of the county. Yellow Creek township boasts of early arrivals, but not quite so many or early as those of Locust Creek township. Mordecai Lane settled in the north part of Yellow Creek as early as 1836, and others soon followed. Josiah Watson came in 1836, both Watson and Lane being originallj' from Kentucky. It may be mentioned l-ere that Linn county was principally settled by Kentuckians; many had come to the State years before and settled in the counties of IJoward, Chariton, and Boone, and gave their late residences as from those counties, but they were mostly, originally, from the " dark and bloody ground." Yellow Creek was soon gaining in population, but it did not take the early settlers long to find out that there was a country lying west of Locust Creek that was unsurpassed, and so the Parson Creek country took a start. When you traverse the country now composed of the townships of Parsons Creek, Clay, and Jackson, you will indeed be hard to please if it does not come up to your idea of the beau ideal of a cereal growing or a stock raising country. Up to 1840 the county could boast of a very general settlement, and a population of 2,245 souls.

Trading Points

The ])rincipal trading point for this whole upper country was Brunswick. No railroads in the country, the Missouri Eiver was the great highway of travel. Many, however, would go down to Boonville, which was the largest town on the river, and even Glasgow Landing had its friends. Keytesville started up a mill, and that was the stopping place for those who had grist to grind, until Bowyer, Maddox, and others got theirs in operation. Brunswick led as a trading ])oint for most of this upper country, and prices for all kinds of goods were considered low, but in the way of domestic goods, if the people of to-day were compelled to pay twelve to fifteen cents for calico, and common brown cotton, it would raise a revolt. Cattle, horses and hogs were cheap enough, and grain was not much better.

Up to this time the country still felt the terrible crash of 1837, and the ruin brought on by the wild-cat banks of that day. Still the settler here in the far west was, in a measure, benefited by that which brought ruin upon the East. It cheapened every article of merchandise, while trade came almost to a standstill. The commercial marts and money centers gave forth a wail of agony and despair. Houses, wealthy one day, tottered the next, and on the third were carried down the rapids and engulfed in the maelstrom of insolvency.

The wants of the people of the West were few and could now be supplied at nominal prices. While the hardy pioneer endured the privations with which they were encompassed with heroic fortitude and a patience which exalted them, these old-time heroes and heroines could get the necessaries of life at a good deal less cost than their favored children and gradchildren of this day. They did not purchase any silks or satins, in fact a calico or gingham was considered fine enough for church wear, or visiting, and even these would give way to the enduring durable homespun, when an extra quality of yarn or coloring had been secured for weaving. But it is not of this alone we would speak. There was any quantity of good land lying around loose at government price, ^1.25 per acre, anxious to be tickled with a hoe that it might laugh with a harvest. The financial crash of 1837 had completely demoralized values. Property shrank to such amazing smallness that many people were in doubt as to whether they possessed anything except their lives and their families. The necessaries of life were cheap, and they who suffered most were of the class called wealthy. The farmer and mechanic had little to com])lain of. Their wants were few and the supplies cheap; if corn was at a low figure, tea, coffee, sugar, and whisky were also cheap. Of course it was not all one way. The farmers found prices for the products of their farm remarkably low in price, "way down" as they expressed it. A good cow brought from -^7 to $10; horses from $25 to $40; hogs would rush around and eat mast, get fat, and marketed at from $1.25 to

$1.50, and that price meant the whole hog, not the hundred weiglit; wheat thirty-five to forty cents per bnsliel; corn fifty cents per bnshel and a nice veal calf seventy-five cents, while honey right out of a bee tree was worth twenty- five cents a gallon in store goods. The wild deer came forward and gave us their hams at twenty-five cents each, and the settlers generally clinched the bargain by taking the skin also, which, when not cut up into string or used for patches, brought another quarter, cash or trade, as demanded. It was also a habit in those days for farmers to help each other, and of their sons to work in the harvest field or help to do the logging to prepare for a new seeding. This was a source of wealth to the early settler and to his rising family. They raked in from twentyfive to fifty cents a day and board. That was wealth. It was the foundation of their future prosperity. It was the first egg laid to hatch them a farm, and it was guarded with scrupulous care. Economy was often whittled down to a very fine point before they could be induced to take or touch that nest egg, the incipient acre of the first farm. And then again, a week's work meant something besides getting on the shady side of a tree and three hours for nooning. It meant labor in all its length, breadth, and thickness, from holding the breaking-plow beiiind two .>oke of oxen, to mauling rails. Right here I will mention that' rails were made at twenty-five cents a liundred. Just think of splitting rails at twenty-five cents a hundred! It is enough to take the breath away from every efteminate counter-jumper in the State. '

Thus has been sketched, in general terms, the life of the old pioneer, and incidents of those early days. Not all is here given, for it would take many more pages than is generally contained in one book to record them, but while there may be numerous omissions, enough is here written to show the present generation how the old settlers, in the early history of the county, worked to improve their lands and secure a competency for old age. And so the country grew and prospered under the strength of the brawny arms of her noble old pioneers. Civilization advanced, and material prosperity could be seen on every hand. Such has been in a measure the history of the early pioneers of this beautiful country, and those who are living can look back with interest to the days which tried the nerves, the muscle, and the indomitable will of the fathers and mothers who had the future of Linn county in their keeping.

In closing this part of our history, covering but a short period, less than a decade, there has been much given founded more upon tradition than fact. The early pioneers made history, but took no care to preserve it. This is a sad loss to the county. Those years, and the lives and actions of the heroes and patriots then living, were of the greatest importance. Then it was that the foundation was laid and a noble and enduring su^ierstructure was to be reared, upon which the moral, physical, and political future of the country was to rest. There were no stirring events or remarkable happenings, but it was a time of self-reliance, of persevering toil, of privation, of suffering that was endured with heroic fortitude, believing in a future reward of successful labor, of the good time coming, when the woods and the open prairie should resolve themselves into well cultivated farms, and their humble cabins into residences befitting their improved financial condition. They had come into the boundless wilderness poor in purse, but rich in faith and powerful in endurance, and their future was before them.

Chapter Hi From Peace To War'S Alarms

18i0 to 1850 - Xanies of Pioneers - Schools - Death of Lewis F. Linn - Mexican War - The Call for Troops - Linn Count// in the War - Company H., List of Names - The Close of (he War - What the Wild Sea Waves Divulged on California's Golden Shore - The Grand Rush - Gold and Silver Lying Around Loose - The Hopes of the Living, Despair of the Dying, and the Bones of the Dead - Linn County Contributes her Quota.

Names Of The Early Pioneers

The history of one decade has been here given, whicli, at the close, establishes Linn county on an enduring basis, and from the year 1840 the solid progress of the county may be dated. In closing this portion of the county's history, its first settlement, trials, and advance progress, it is believed that those earnest men, the old pioneers, who brought it out of the wilderness into light and life, would be of interest to the present and future generations. Xot all who figured in the early history are here recorded; many familiar names may be missing - all could not be secured. The list numbers over two hundred and fifty, all of whom, with few if any exceptions, were residents of Linn county in the year above mentioned.

The voters of Linn county numbered, in 1838,^ « ne hundred and sixtynine votes, the highest vote polled being for assessor. It will thus be seen that nearly all the voting population are given, with the exceptions noted above. There are names found elsewhere in this history not recorded in this list. The record is as follows:

Old Settlers

The decade betweeen the above dates was one of advance all over the country, and Missouri had her share of the general prosperity. After the exciting election of ]840, the country quieted down and the people turned their attention to the importance of building up their homes and individual fortunes. This continued until the spirit of the people was aroused by the declaration of war by Mexico.

The number of inhabitants rapidly increasing suggested an improved system of schools. Up to this time, 1840, the schools of the county were kept only where the settlers were near enough together to afford to engage a teacher for about three months in the year. An old log cabin was generally secured, or one put up by the neighbors, and all schools were subscription schools; that is, the neighbors would agree to send so many scholars, and pay from $1.50 to $2.50 per month per scholar. In another place will be found the school history of the county, and we will only state here that in the year above mentioned, the citizens of congressional townships 58-18 and 58-20 concluded to ask for the sale of the sixteenth or school section of land in their townships, and organize for school purposes. Congressional township 58-20 was the pioneer township thus organized, which was done February 22, 1840, and the entire sixteenth section was sold, realizing $2,209.40.

In ]843 the Hon. Lewis F. Linn, United States Senator from Missouri from 1833 to 1843, and in whose honor Linn county and the county seat was named, died at his residence at Ste. Genevieve. He was an able man, of broad views, a mind of the progressive order, and he filled worthily the trust reposed in him as United States Senator, the associate and the peer of Benton. The General Assembly appropriated nine hundred dollars for a monument over his remains at Ste. Genevieve, which is enclosed with a handsome iron railing. Few nobler men have ever graced the Senate (!!hamber than Lewis F. Linn. The presidential election of 1844 again precipitated the country into a period of excitement no less great than that of 1840, but upon entirely different grounds. Texas, the " Lone Star" State, has asked to be admitted into the union of confederate States, which lay upon her nortiiern border, with the understanding that annexation would be followed by admittance as a State, and an act was passed March 1, 1845, admitting her into the Union, to take efiect December 29, 1845. This caused the war with Mexico, which shed such luster upon American arms and added unbounded mineral wealth to the country.

Mexican War

The annexation of Texas, followed by its admittance into the Union as a State, and the occupation of the border on the Rio Grande, aroused Santa Anna and the Mexican people to a spirit of frenzy, and the Mexican government promptly declared war against the United States. The flower of her army, under Generals Ampudia and Anista, two of her most noted captains, were placed to intercept the march of the Amo'ican troops for the declaration of war on the part of Mexico was promptly met by Congress with the counter-declaration "that war existed between Mexico and the United

States," and General Taylor, who was in command on the Rio Grande, was ordered to march at once into the enemy's country. War had been declared by Mexico, in April, 1846, and in May, on the 8th and 9th, the celebrated battles of Palo Alto and Resaca de la Palma had been fought and won, and the Mexican army had been defeated with great slaughter, and were in full retreat for Monterey. It was at the first of these battles that the brave Ringgold fell, and in them many of the rank and file gave their lives to their country's defense and glory.

It is not necessary to go into all the history of this war. The achievements of the American arms added luster to the American name, and the armies of Taylor and Scott, and the splendid exploits of Doniphan, have left an undying record upon the footprints of time. They and other comrades in arms

In May, 1846, Governor Edwards called for volunteers to join the Army of the West, and in June, the Hon. Sterling Price resigned his seat in Congress and was given a colonel's commission by President Polk, with authority to raise a regiment to reinforce the '*Army of the West." Colonel Price raised a full regiment from the district which he represented, and where he was well known. These volunteers came principally from Boone, Chariton, Carroll, Livingston, Linn, Randolph, and Monroe counties. They rendezvoused at Fort Leavenworth, in August, where Colonel Price was elected colonel, and D. D. Mitchell lieutenant-colonel. The troops claimed their right to elect their own colonel, notwithstanding the appointment by the President. Soon after. Colonel Price took up his line of march for Mexico, and arrived at Sante Fe, September 28, 1846. Generals Kearney and Doniphan had preceded him, and taken possession of New Mexico, and formally declared it a part of the United States territory, leaving a small garrison in command. When General Kearney captured New Mexico, by the surrender of its capital, Sante Fe, which was previous to Colonel Price's arrival, he raised the American flag, and asserted the supremacy of the United States over all its territorj^ and appointd Silas Burt its provisional governor. The leading Mexicans, backed by the Catholic priests, who feared for the power of their church under American rule, undertook to raise a revolt and drive out the forces of the United States. The situation of Colonel Price and his men was critical. Of those in command of the post was the Linn

Price was, however, equal to the demands of the occasion. The revolt was led by General Tofaya, and the first outbreak occurred at Bent's Mills, near Taos. A few persons were killed, and Tofaya, with a strong force, threatened Sante Fe. Colonel Price gathered his forces, and determined to meet the advancing Mexicans and decide the contest. The opposing forces met at a ]ilace called Canada, and the Mexicans met with a decided defeat. Colonel Price pursued the retreating forces to their stronghold, Taos, capturing that place and capturing General Tofaya, and several other leaders of the insurrection. Thej had taken the oath of allegiance, and their revolt was treason. Tofaya and the others were tried and hung, and this satisfied the Mexicans tiiat the power of the United States was not to be trifled with, and that treason and treachery would be promptly and severely punished. This ended all opposition on the part of the native Mexicans, and the Catholic priests were quietly informed that any action on their part would result in tlieir punishment as severe as that meted out to the leaders of the revolts. The Linn county company remained at Santa Fe until they were ordered to return.

Company N, Second Regiment Mounted Volunteers

With the command of Sterliiig Price was Captain Thomas Barber's company from Linn county. This was known as company IN, Second Regiment of Missouri Mounted Yolunteers. The brave men who composed this gallant company are here given :

Non-Commissioned Officers

Those marked d are dead. Of this company but sixteen are now living. Much sickness was in Price's army and he was nnable to commence active operations until near the close of the year when he left Santa Fe in search of the enemy. January 24, 1847, he met the enemy at Canada under the command of General Tofaya and defeated him, loss slight on both sides. The enemy retreated to Taos, but before reaching there Colonel Price again overtook them and this time caused a stampede or total rout. The battle was at El Embado, January 29. The Mexican losses in these battles were about 300 killed and many more wounded. Colonel Price lost fifteen killed and fortyseven wounded. Taos was captured and a portion of the command returned to Santa Fe. The Linn county troops remained at the latter place until the}'^ were ordered to return and then discharged. Some came home to die, others left their bones to rest 'neath the chaparrals of that southern clime, and others still live. They were received with open arms and a grand barbecue given in their honor. They had done their duty like brave men, and their memory will ever be green in the hearts of the American people.

The brave deeds of the volunteers in the war with Mexico have been recorded in song and story, and this has been done that posterity may remember and revere those who gave their lives to their country's honor and glory, and it cannot and never can be forgotten, for

The war liad closed, peace spread its mantle once more over the land and in the past two years destiny, as it was looked upon by many, had added much territory to the area of this country. What this territor}' was few knew. It might be a desert, or its soils might be fertile and its mountains of great value, but who knew?

The Golden Land

Hardly had the clash of arms ceased, and the sound of cannon might still be said to be reverbrating through the canons and chaparrals of Mexico, when the country was excited by astounding news which came in iitful gusts from the Pacific coast. The report was that gold had been found in that western land; that the waters of the Pacific actually washed a golden shore, and that among mountains and on the plains, on hill-top and in gulches, the golden ore was found. All this came to the ears of the people, and byand-by, when c irroborated, created the wildest excitement. Talk of frenzy, the madness of the hour, the surging of the w^ild sea waves when the stormking lashes them to rage, listen to the clamor of contending hosts when the God of battles urges on the serried ranks to slaughter and to death! Think of all these combined in one terrible onset, and you can have only a faint conception of that mighty throng who truly proved the madness of the hour, and whose pathway became a charnel-house of sorrow and death, while the road became whitened with the bones of the victims wiio had failed to realize their dreams and never reached the golden shore. In that far distant land, where the white-capped waves kissed the pebbly beach on the Pacific's sunlit coast, and sang the soft lullaby of a murmuring sea, or where the stormking in his wrath ground the grand old ocean to fury, there gold, bright yellow gold had been found. The rush was as the charge of a mighty host. In wagons, on foot, on horseback, everywhere the tide set to the western border of our State, and there vast throngs "crossed the Rubicon," until the plains were whitened with their covered wagons and tents, and they entered the dark portals of an unknown beyond, some to pass the arid waste, others to leave their bones to mark the pathway of those who followed. It was many days, days of terrible suffering, befoi'e these ])risoners of a trackless plain saw the light breaking and the golden land appear in view for which they had longed with yearning hearts, and looked for with eyes dimmed by expiring lK»j)e, but seen at last. Despair gave way to joy too great for utterance. The El Dorado had been reached; would their hopes be realized? The hegira has left terril)le footprints upon the ])ages of time. History has recorded in words of burning intensity the hardships and sufferings of the thousands who sought fame and fortune on the shore of the distant land. How many succeeded, or how many, after suffering and enduring all in the hope of a brighter day, failed, will never be recorded?

a fortune, and California became to the poor man a veritable land of promise, but in reachinc^ it many weary days and nights were passed, and many dropped by the wayside - crossing not the plains which bordered the land of their hope and desire, but over the " dark river," with their fate unknown, until Gabriel's trump shall sound.

The people of Linn county caught tlie contagion, and the gold fever raged with violence. The voting population of the county did not probably exceed one hundred and fifty votes, and full fifteen per cent of this left for the golden shore. The pioneers had been through privations and hardships to secure a home in the tiien wild West, and now, when wealth held out its allurements simply by enduring a few more months or years of what had already been their lot, were ready for the work. They had conquered the wilderness, had opened a pathway for civilization to tread, and what man had done man could do, and so while reports came thick and fast of the immense wealth of the far off El Dorado, they hastened their departure, putting down with the faith they had of their own powers, any report that told of the suffering and trials to be endured before reaching the elysium of their hope. Over one hundred and twenty of the bone and sinew of Linn county started for theland of the setting sun, - some to drop by the way, others to have years of alternate hope and despair, while yet others blest with a full fruition of their hopes, retured to tell of their success and the marvelous wonder of that faroff land. When the cold facts of experience are brought forward as a test, and the expenses incurred in fitting out, it is scarcely probable that Linn county received in return the amount required to fit out those who left to seek their fortune on the Pacific coast. A few of her citizens remained to add to the population of the Golden State, and when the profit and loss is footed up the figures show a preponderance on the wrong side of the ledger. Those who returned were ready and willing to let it be known they had secured a competency. So trade revived, and a new era of prosperity was opened to the county. No more stagnation, but new life to start the wheels of progress, and to inaugurate an era of prosperit}' which was to continue until in the wild fanatacism of the hour, our country became a charnel-house, and a fratricidal strife deluged our land with blood.

In 1856 a heavy rain-storm so suddenly raised the waters in the streams and branches that it is stated that every bridge in the county, but one, was swept away. They were not very valuable, but cheap wooden structures, ready to float off" without any extraordinaiy effort. The bridge policy of Linn county up to 1870 seemed to have been of a penny wise and pound foolish character. Of course there were many streams to bridge, but it - would seem to most people that one good bridge would cost less and be of more value that two ])oor ones. What the bridges of Linn county have cost the people will be found under the head of bridges in a separate chapter.

Chapter Tv Upward Akd Onward In Material Progress

Rapid Progress - 1840 to JS(JO Couipnred - Increase of Property and the Increase of the , Tax Levy - The Set-hack by the Ciril War - Shaking for a New Deal at the Close of the War - (hi the Up Grade - Repairing Broken Fortunes and Adding to New Ones - ISdo to 1870 - Organizing the Shattered Remains - A Tornado - A Matter of a Few Thousand Dollars on the Delinquent List - New Road Lato and How it Worked - Linn County Fair - Its Constitution and List of Officers - Busted - Rodents and Bounti/ - Money for the Small Boy - Meteoric - Murder of Willie McKinley - Coroner's Verdict - Petiiion for Pardon - Governor Crittenden's Refusal - His Reasons in Full.

Linn comity liad prog-ressed as rapidly as most counties in the State from 1840 to 1860, in fact there were but few counties in tlie State that exceeded her in the gain of popuhition during the period mentioned, that gain being a tritle over four hundred per cent. The gain in material wealth kept pace with the population, fur, vvhile the tax levy of 1S40 was but a trifle over $700, that of 1860 exceeded $9,000. This rapid progress received a check during the civil war, and Linu count}', like all others, had to bear the trial brought on by the unholy strife. What part Linn county took in that struggle, both upon the Federal and Confederate side, will be given in another chapter fully detailing the events of her local action, giving brave men their due, whether nnder the flag of the Blue or tlie Grey. Outside of war history there is little to be noted during those four years. There was no progress made either in population or wealth, and when peace once more blessed the land it found business blasted, society rent, and a general apathy seemed to have possession of the people. But it is not the nature of the American race to give way to despondency for any length of time, and it was not long ere hope began to nerve the heart, energetic action to take the place of indifference, while once more the wheels of progress began to revolve and the cheering hum of industry was heard over the land. Linn county arose from her apath}', put on the armor of hope, and once more entered tiie race for material prosperitj^ and enlightened progress. What she has accomplished can be seen in well-improved farms, happy homes, and a future full of promise.

In the year 18t!7 there was a discussion of a proposition to organize a new county, to be called Grant, atid to be composed of portions of Linn, Macon, and Chariton counties. The scheme had many advocates, but failed, and never made sufficient headway to be of serious consequence. Bucklin was proposed for the county seat of " Grant county '' should it ever be organized.

and were especially destructive around Brooktield. Several fanners lost hay, grain, fences, etc., and, in the vicinity of Bucklin, John Ryan lost his house, barn, and much other property, from a prairie lire. Along the railroad many tires were thought to have been set out by sparks from passinglocomotives, and some suits were brought against the company for damage done.

The county drifted on in peace and with no great effort to build up from outside parties. Immigrants were not numerous, and the decade between 1860 and 1870 was used to repair broken fortunes, put the lands in order, and prepare for a more promising future, sadly marred by the events of the past. Still the county grew slowly, and by the year 1870 showed a commendable advance. From 1870, taking into consideration the towns, and Linn county has gained in exact ratio to the State. Brooktield, from a little town of 1,156 in 1868, has increased to 2,500 and become the commercial metropolis of the county. Several other towns have shown considerable advance in population and wealth, and Linneus is beginning to throw off her fear of losing the gem in the coronet of her existence, the county seat, and is taking an advance step. There has been no incident of note to change the monotony of the ordinary events of the day. The railroad fever broke out when the Chicago & Southwestern Road was first talked of, and it was at last secured. If there should be no other roads built in the county, Linn is yet able to meet the demands of her people in rapid and cheap transportation, giving her farmers the best markets for their surplus produce. Thus, with an abundance of cheap lands, rapid and cheap transportation, a rich soil and salubrious climate, why should not Linn county's place be in the front rank among her sister counties?

Linn county was visited by a severe wind, rain and hail-storm on the night of June IS, 1875, and on the following day. It did the most damage in the vicinity of Laclede. The people were awakened by the violence of the storm, and the shaking of their dwellings, and the noise of fallincr trees, roofs, etc. For a full hour the citizens of the town were filled with terror, not daring hardly to move. Luckily the storm spent its force without loss of life, though quite a number of persons had very narrow escapes. The steam mill had its roof blown oft', a Mr. Leggett's horse mill south of Laclede, was destroyed, and Mrs. L., who left her house in fright, came near losing her life in attempting to reach a neighbor. James Whitney's house, south of Laclede a short distance, wr.s turned nearly around, while Dr. Poison's residence was lifted completely from its foundation.

Corn, wheat, tobacco, fruits, etc., received great damage from the hail-storm which followed, hail-stones being found as large as walnuts. Something like six thousand dollars was the loss in Laclede and surrounding country, to buildings, fences, trees, etc., but the damage to the crops was still greater, though not computed. There was slight damage reported from other sections, where the storm had not marked its pathway, by trees torn up by their roots, fences blown down, and crops partially destroyed, but Laclede and vicinity seemed to have fared the worst. The citizens breathed freer when it had passed, and noting its power and fury, were thankful the damage was no greater, and more thankful that no lives were lost.

On January 1st, 1878, the back taxes which led back to and including those unpaid at the close of the war, amounted in Linn county to about $60,000. An effort was made to collect these taxes, or as much of them as was possible. Lirm county was not alone. Livingston county was credited with having 882,272 still unpaid; Lafayette county $171,000; St. Louis county $70,000. It was shown that there was an aggregate defalcation on the taxlists of the State, of an amount exceeding $5,000,000. A portion, of course, could not be collected, but the larger part of these back taxes accumulated were due to the insufficiency of the collectors. Up to this date theie is quite a supi yet due upon the delinquent lists, and of those back years very little will ever be secured. Taxes are now lighter, and it is the special duty of one man to look after it, and the result is better and much closer collections.

How It W'Okked

The "New Railroad Law " was not found to work advantageously only in the matter of extra expense. Under the law, the County Court appointed in May, 1877, no less than seventy-two road overseers, four to each congressional township in the county. When the annual report of the receipts and expenditures was made out at the end of the year, it was found that the expenditures had exceeded the receipts by $5, 724-. 85. This was enough, and although Linn county needed good roads, it was hardly likely she could get them by paying out all the money she could raise, and something over, as salaries to the army of road overseers appointed under the new law. Li May, 1878, the road districts were condensed from seventytwo to twenty, and resulted in a pretty handsome reduction in salaries, and correspondingly more work done on the roads.

This institution was a short-lived affair. For three years the County Court appropriated one hundred and fifty dollars annually, toward its award of premiums, but it seemed to have died without trouble, and did not seem to have an overplus of mourners. Just why so valuable an ad- junct to the agricultural and horticultural welfare of the county was allowed to perish, with scarcely an effort for its success, is hard to determine, and reflects unfortunately upon the intelligence and enterprise of the farmers of the county. A well sustained county fair can be made the very bulwark of agricultural, horticultural, and stock-raising success, and would add more to its immigration statistics than any other organization that conld be created. Not only does it bring forth a feeling of pride and of emulation among the farmers, fruit-growers, and stock-raisers of the county, but spurs other counties to active competition, and its doings and results are published broadcast over the State. Fairs were held as above spoken of, officers from among the best farmers of the county were chosen, constitution and by-laws adopted, but it died. Why, is a pretty hard question to answer. A few made strong efforts to build it up, but they were not seconded by any united effort on the part of the farmers generally, and it came to naught. The following were the officers, the last who held, and the names are good enough and ought to have been strong enough to give it unbounded success.

Officers Of The Society

Added to the above is given also the constitution of the organization, so that should a future attempt at resurrection be made, this may be a guide. The by-laws, subject to so many changes, it is not necessary to embrace in this w'ork.

Constitution

Article 1. The officers of this society shall consist of nine directors, one of whom shall be elected president of the societ3^ who shall be elected annually, whom together shall constitute a board of managers for governing and conducting the affairs of the society. The board of directors shall elect a secretary and treasurer, who shall hold their offices during the pleasure of the board.

Art. 2. The annual meeting of this society shall be held hereafter on the flrst Saturday of January of each year, for the election of officers and general business. Election shall be by ballot. Term of office to expire when' successor is duly qualified.

Art. 3. The treasurer, before entering upon the duties of his office, shall execute a bond which shall be satisfactory to the directors, for the faithful discharge of his duties and the paying over of all moneys by him received, in such sums as the directors may direct.

Art. 7. All articles offered for premiums shall be produced from the farm of exhibitor, and by the persons offering the same or by members of their family. All jn-oducts must be raised in this State.

Arr. 10. No spirituous, malt, or vinous liquors will be permitted to be sold or given away, or in any way disposed of on the ground, or in the vicinity of the fair grounds during the fair.

Art. 11. All fast riding or driving is positively forbidden within the enclosure, and this rule sh-all be strictly enforced; and no huckstering, or gambling of any kind, shall be permitted within the enclosure.

Art. 12. No person shall have access to the secretary's books to ascertain who have made entries in any ring, nor shall the secretary give such information in any case.

From the ashes of the county fair, enterprising Brookfield started hers, and the annual meeting of that societj'^ is not only a paying institution for that city, but is an honor to the county.

Some five years ago north Missouri was infested with an army of rats. They seemed to exist everywhere and were terribly destructive. The legislature in the winters of 1876 and 1877 authorized the counties which were overrun with them to pay five cents ])er head when presented to the number of fifty and upwards. This worked to a charm, some counties paj'ing out from $1,500 to $2,000 each, and it exterminated the rats. When the hunter couldn't find them in his own county he would drop over the line and secure a haul in an adjoining county where a bounty was offered. When it got that far along and came to the ears of the County Court, the bount}' acf was promptly repealed. V>ut the small boy was fiusli that whole year with circus money, or for any other kind of a show that happened in

Meteoric

The only meteor ever seen in this section passed over Linn county on the night of December 21, 1876. It came from the southwest, was visible in different parts of this county for nearly half a minute, and was said to have exploded near Bucyrus, Ohio. November 13, 1879, was the night on which it was predicted that there would be a shower of meteors or falling stars similar to that which happened in 1833. Tliat was such a grand and aweinspiring scene that those who witnessed it never could forget its grandeur, or the thrill of fear that filled their minds during its progress. When, therefore, another falling of the stars was predicted, those who had witnessed the other would not fail to watch, while the stories of that heavenly pyroteclmic display guided by the hand of the Almighty, was enough to keep all humanity awake. The citizens of Linn county, like all others, kept the midnight vigil, and like all others were disappointed. The meteoric shower failed to put in an appearance and Prof. Tice succeeded in getting a unanimous "blessing" the next day from an outraged and sleepy-headed people.

Murder

On the fourth day of July, 1878, that horrible crime, murder, was committed in the town of Laclede, the victim an innocent boy. Scene - a drunken man young in years, a slave to demon drink, a lot of small boys on mischief intent but with no thought of bodily harm. This young man, otherwise respectable, had allowed himself to become a slave to the intoxicating cup and in the frenzy of drink shot recklessly into this crowd of small boys with fatal result. The messenger of death sped on its fearful errand and the soul of that bright, beautiful boy, Willie McKinley, returned to the God who gave it.

Verdict Of The Jury

We, the undersigned jurors, empaneled 'by A. Carroll, coroner of Linn county, Missouri, to view the body of Willie McKinley, now lying before us, do ti^d that said William McKinley came to his death by being shot in the breast by a ball fired from a pistol held in the hands of James Edwards on fourth of July, 1878, between the hours seven and eight o'clock p. m,, in the public square in the town of Laclede, Missouri.

The sudden death of the boy, the fatal result of this frenzy of a drunken: man, caused intense excitement all over the county. Wiien sober no one regretted the deed more than the murderer, not because of the punishment that was sure to follow, but because, when sober, a murderous thought had never entered the head or heart of James S. Edwards.

There was no malice. Yet Edwards was aware of two things; first, that he was dangerous when under the infiuence of liquor, and second, that he carried a pistol. He was sentenced to ten years in the penitentiary. An effort Was made in December last to havej'oung Edwards pardoned out after three years of his sentence had been served. The Governor, Thomas T. Crittenden, refused the pardon asked for, and in that refusal he so distinctly stated the grounds of his decision, that his reasons are not only of interest to the people of Linn county, where the heartrending tragedy occurred, but to the people of the whole State, and a warning to all men, young or old, who indulge in the maddening fluid and make it a practice of carrying deadly weapons. The Governor replies to the petition for pardon as follows:

"lam asked to pardon him by man}' leading citizens in that and other parts of the State for various reasons, some of greater, others of less importance. As this is an anomalous case I will set out in full some of the reasons given, and then present my views in the case.

"Judge Burgess, before whom Edwards was tried, says: 'While there can be no question as to his guilt under the law and the facts, it seems to me that his punishment as fixed by statute is greater than it should be under the circumstances, and that which he has already undgergone is sufficient.'

"These are considerate and well weighed words from one of the most learned, upright, and fearless judges in the State. The guilt being conceded it is not for me to make a law to suit the case, nor to reverse the one that the legislature has already made. The punishment aflixed for the crime by the law is not a proper subject for me to discuss on this occasion. That having been settled by tiie legislature it is my duty to leave it unquestioned. The law directing that a certain grade of oflfense being punishable with a certain fixed penalty, I much doubt the propriety of the judge before whom the case is heard, or the Governor, saying a less punishment 'is ample, is sufficient,' unless there are some extraordinary or mitigating circumstances surrounding the case. It is not claimed that such surround this case. Some judges in the State seek the pardon of criminals before having served out one-half of the sentence, and in some instances as soon as the prison doors are closed upon the prisoner. Is not such conduct a reflection on the legislature, and an acknowledgment that the court had not given the convict ' a fair and impartial trial?' If so, who should correct the error in the trial, the judge or the Governor? The judge by all means.

The people love a brave judge; the time to correct such an error is at the time of the trial. If the sentence is right, stand by it; if wrong, say so by granting a new trial.

" I have no hesitancy in granting a pardon when it is right, or in refusing one when it is wrong. I will stand by the courts in the execution of their duties, at no time imposing unnecessary labor upon them, and only ask in self defense 'that tiiey do unto me as they would have me do unto tliera.' In these remarks I do not impute anything wrong to Judge Burgess. He is a credit to the State and no one bears his honors more meekly or performs his duties more justly.

"Edward W. Smith, the prosecuting attorney of Linn county, writes: 'I bave been called on by his parents to state to yon my opinion with respect to the case, with the view of obtaining a pardon for him, and having prosecuted the case and being familiar with every circumstance surrounding it, I have no hesitancy in saying that in my opinion he was guilty of a crime: his punishment was excessive, but as his offense under the law was murder in the second degree, it was wholly impossible to make the punishment less. I am quite positive .that his crime was the result of a drunken stupor, without any element of malice as a matter of fact.' I can only answer this b}' stating that the court and the law said it was murder in the second degree, and there can be no such murder without malice, and whether it was malice in fact or not, the result was the same, and the killing was done in sueh a way as to denote purpose and design, in contradistinction to accident or mischance, the presumption being that the defendant intended the probable consequences of the act. A familiar illustration, in the language of the Supreme Court, of this principle is afforded in the case of a workman who threw down a stone or piece of timber into a street in a populous town where people were continually passing and killed a person. Such a killing is murder at the common-law, for the law in such cases presumes the intent to kill, 66 Mo., p. 22, and that involves malice in fact as well as in law.

" T. T. Easley, one of the best and kindest-hearted men in the State, writes: ' I think it is a case of great misfortune and young Edwards did not do the act willfully or intentionally.' Many others have written in the same humane way and such letters are a credit to their hearts as far as this young man is concerned. But let us see what he did do in order to ascertain whether he is a proper subject for clemency. On the fourth of July, 18T8, the defendant was lying on the ground in a public park in the town of Laclede, near the music-stand, where dancing was going on, in a state of intoxication. A. H. Love, the marshal of the town, testified: ' As I passed Dr. Standley's office on the evening of said day Dr. Standley informed me that defendant was lying down in the park drunk, and needed looking after. I crossed the street and passed through the gate into park, and had gone about twenty feet when I saw the crowd scatter, some going east, north, and some west from where the defendant was lying. Defendant got up, made two or three steps in a northwest direction, pulled out his pistol, and fired it off. lie had the revolver in both hands. lie tired in the direction of the crowd where it appeared to be most dense. After Edwards fired he ran as fast as he could in the direction in which he fired, I followed, and when I came up to liim he was kneeling b}' the side of William McKinley and was fanning him. Willie appeared to be dying. I let Edwards alone untii the bo}' died, which was in a few minutes. I took Edwards to Linnens. On the way Edwards said that the killing of the boy was an accident and that it would nut have occurred had not the boys bothered liim; said he was not in the habit of carrying a revolver; that he had gone home and got his revolver because of a fuss he had had with Mr. Dysart; that when he fired he intended to shoot Al. Hall, but not to kill him.'

" Al. Hall testified that he was trying to get him u))and removehiiu from the park; that I>ennie Edwai'ds, a nephew of defendant, five or six years old, came up and said, ' (Irandpa says pour cold water on him, and that will wake him.' Then defendant jumped up and said, ' by G - d, I am going to see wlio is doing this,' and pulled his pistol from his pocket; I jumped to one side, out of the way; he then shot; there were nine or ten boys in the direction in which he shot. Defendant said: 'I shot the boy accidentally; that accidents will happen.'

"The boy killed was about thirteen years.old and small of his age, as said one of the witnesses. Enough of the evidence has been given to show how and by whom the little boy was killed and the condition of the nian who did it. Before a defendant is convicted in court he is presumed to be innocent, and it devolves on the State to remove that presumption. After the conviction he is not only presumed to be, but is adjudged to be, guilty, and before I will exercise clemency in an}' case the action and judgment of the court must be shown to be erroneous by invincible facts, or such mitigating ones as would have modified that judgment if known at the time. What is there in tiiis case in the light of tiiis rule that requires me to interfere with the sentence of the court? Is it because he was drunk and discharged his revolver with great recklessness, to say the least of it, into a crowd of innocent boys who had gathered at the park for social amusements? If so, when would society be safe from the actions of bad men, who would often put themselves in that evil condition to accomplish their premeditated deeds? Drnnketiness is not now, never has been, 1 hope never will be, an excuse for crime in this State. Our Supreme Court, in this same case, 71 Missouri, p. 323, says, ' Intoxication or drunkenness can neither excuse nor extenuate a crime, and it cannot be taken in consideration hy a jury for either of such ])ur])Oses.' If men put themselves in that condition and commit crimes, then, as far as I am concerned, they must abide by the punishment and remain where they have placed themselves. The sooner the violators of law know that, the better it will be for them and society. This defendant was guilty also of another violation of the law before he killed young McKinley; that was in carrying a concealed weapon. This is a great growing crime in this State, against the laws of God and society, and should be punished without sympathy and without favor. If the men who engage in such lawlessness were disarmed by the force of the law and the sentiment of society, our courts and jurors would have rest from their labors and the newspapers could have space in their columns to devote to more readable matter than that with which they are dail}' filled. Drunkenness and revolvers cause more crimes, more executions, more penalties, more sorrows to innocent mothers, fathers, brothers, sisters, and wives, than all the other causes combined, and both should receive the strongest reprobation from the social, religious, and moral conmiunity. Each are alike responsible; each are alike dangerous to society; and each are alike without an}' justification. The restraints of the law thrown around them brand them as evils and condemn them as enemies to the quietude of society. They are fit associates, and wiiere one is found in daily use the other is in close proximity to aid onward the dance of death. As in this case, the innocent and harmless ones are generally the sufterers from the men who are the devotees of such vicious habits. Society should have some way in protecting itself against such evils. It can only be done by legislation and education. Legislation will not do it if clemency is extended to the ofl^'enders without regard to the crime. The}' must know there is power and meaning in the law; that there is an iron will as well as justice in our courts; that there is a determination in society to protect itself against the lawless; that a sentence of a court means an execution; that 'the ^v*ay of the transgressor is hard,' and will remain so until reformation comes. I am asked to pardon Edwards on the ground of mercy and to gratify the hearts of his parents, who are old Christian people calmly awaiting the last summons.

" It is not always judicious to exercise mercy toward one at the expense of the many. Society must be remembered as well as the individual. I have pi'ofound sympathy for the good old people, but that sympathy must not prevail against the obligation I owe to the preservation of good society in this State. If men will get drunk against common decency, if men will carry revolvers against the law and rule of propriety, and will under the evil inspiration of the one use the other, they must suffer for it on the gallows or in the penitentiary. My sympathy and mercy are for the industrious and law-abiding people of the State; not for thieves, murderers, robbers, inside of prison walls. I will see that justice is done them; beyond that I am not expected to go. I see no reason why I should pardon Edwards; the application is therefore refused.

Who can gainsay the words above written? Young McKinley lost his life, his parents their hoped-for support in their declining years, and for this crime Edwards is asked to give up only ten years of his liberty. The punishment is light and should be borne by the murderer without a murmur. A whole life was taken, and only ten years asked in return. Not that it was done in malice, but in the breaking of the moral law daily in dissipation, it became at last that the criminal also was broken, and the penalty has been meted out. The people can sympathize with the man, his family and friends, but none will deny the justness of his punishment. People can weep, not at man paying a penalty for his crime, but the fact that the penalty was just.

Chapter

What it Was, Is, and 7Wir Expected to Be - When Organized - Act of Incorporation - Commissioners - Metes and Bounds - Change of Boundary Line - First Coanti/ Court - Time and Place of Meeting - Dividing the Count// into Townships - The First Tax Levy - Location of the County Seat - Deed of John Holland and Wife - Named after Dr. Linn, U. S. Senator - First Sale of Lots by John D. Grant, Commissioner - First Court-house - First Ferry License - Benton Township Organized - Election, etc.

The territory of which Linn county is composed was once a part of Chariton county. This latter county was organized November 16, 1820, and to the Iowa State line. At the session of the General Assembly of the State of Missouri in the winter of 1836-37, an act was passed, orgaiiizing the county of Linn from the territory attached to Chariton county, and extending her municipal government over the territory lying north of her to the Iowa line. The act was approved January 6, 1837, and from that date Linn county has had a corporate existence. The act of organization included with the count}' of Linn those of Livingston, Macon, and Taney. The sections making Linn a county, and defining its metes and bounds, read as follows:

"Section 18. All that portion of territory heretofore attached to the county of Chariton, in the following: boundary: Beginning at the southeast corner of township fifty-seven, range eighteen west; thence west with said township line to the range line dividing range twenty-one and twentytwo; thence north with said range line to the township line dividing town- ship sixty and sixty-one; thence east with said township line to the range line dividing seventeen and eighteen; thence soutli with said range line to the beginning; is hereby declared to be a separate and distinct county, to be called and known by the name of Linn county, in honor of the Hon. Lewis F. Linn; and all the rights. and privileges guaranteed by law to separate, distinct counties, are hereby extended to the county of Linn.

" Section 19. John Riley, liansom Price, and Levi Blankenship, of the county of Chariton, are appointed commissioners to select the seat of justice for said county. The said commissioners are hereby vested with all the powers granted to commissioners by an act, entitled ' An act to provide for organizing counties hereafter established,' approved, December 9, 1836.

" Section 20. The court to be holden for said county shall be held at the house of Silas Fore until the county court shall lix upon a temporary seat of justice for said count3\

" Section 21. The Governor is hereby authorized and required to appoint and commission three persons, resident in said count}^, as justices of the County Court, and one person, resident of said county, as sheriff of said county. W^hen so commissioned they shall have full power and authority to act as such in their respective offices, under the existing laws, until their successors are elected, commissioned, and qualified.

"Section 22. All that portion of territory lying north of the county of Linn shall be attached to said county, for all civil and military purposes^ until otherwise provided by law."

"Section 23. The Circuit and County courts of said counties, or the judges thereof in vacation, shall have power to appoint their clerks, who shall hold their office until the general election in 1838, and until their successors are elected and qualified.

" Section 24. The commissioners to locate the respective county seats aforesaid shall meet on the first Monday in May next, at the places of holding court for the counties respectively, in which said county seats are to be located, for the purpose of entering on the discharge of their duties.

" Section 25. Four terras of the County Court shall be held in each of the counties aforesaid, on the first Monday in February, May, August, November, and the courts ma}' alter the times of holding their stated terms, giving notice thereof in such manner as to them shall seem expedient.

'* Section 1. The county line dividing the counties of Livingston and Linn be so changed as to continue up Grand lliver from where the range line dividing ranges twentj'-one and twenty-two crosses said river, to the sectional lino dividing range twenty-two into equal parts; thence north with said sectional line to the township line dividing townships fifty-nine and sixty; thence west with the original line of said county; and the line of Linn county shall extend from the point last mentioned north with the aforesaid section line, to the line dividing townships sixty and sixty-one; thence east with said line to the original line of Linn county.

Metes And Bounds

The act organizing the county of Linn gives its metes and bounds three miles less in width than is shown on the map, its western border being range line dividing ranges twenty-one and twenty two. When the error was discovered or when the additional territory was added can only be supposed from the metes and bounds of the county as given by the Revised Statutes of Missouri, 1879, g 5189. It reads:

"Linn, Beginning at the southeast corner of township fifty-seven, range eighteen west; thence west to the southwest corner of section thirty-four, township fifty-seven, range twenty-two west; thence north with the subdivisional line to the northwest corner of section three of township sixty, range twenty-two west; thence east with the township line between townships sixty and sixty-one to the northeast corner of township sixty, range eighteen west; thence south with the range line between ranges seventeen and eighteen to the place of beginning."

This would make Linn county twenty-seven miles east and west and twenty-four miles north and south. The present map of Linn county does not show tins area of territory, its northern line being different from the metes and bounds given by the section above quoted. This arises from the fact that township sixty is a factional township, being on the east side of the county a trifle over five miles north and south and on the west side four miles and a half instead of the six miles of the usual congressional township. The north line, then, of township sixty bears south from range line between seventeen and eighteen to range line between nineteen and twenty one and a half miles; from tliere due west to the county line it divides the section nearly or quite equally. The county's true limit is twenty-three miles and a fraction north and south on the east sides, twentj'-two and a half miles north and south on the west line of the c6unty, and twenty-seven miles in width. This fractional township is what has deceived the writers of the history of Linn count}'. There are not 684 square miles of territory in the county, but without goin^ into fractions 611 square miles, and that area covers 392,04:0 acres of as tine land, in the richness and productiveness of its soil, as can be found in the vailey of the Mississippi. This county, which was once a part of St. Charles, then of Howard, and later of Chariton counties, the garden spot of central north Missouri, is what is now to be considered and all that is worthy of record will be given, making it a standard b6ok of reference of Linn county for all future time.

The first County Court of Linn county is supposed to have been held on the first Monday in February, 1837, that being the time set by the act of organization. The proceedings of that first session are entered of record without date, and therefore presumed to have been held as above.

Also, according to the act of organization, the court met at the house of Silas A. Fore, and there were but two of the judges present. Their first order was that James A. Clark, afterward judge of this Judicial District for nearly a quarter of a centur}', be appointed G\erk pro tern, of the court, and the second order reads as follows:

"Ordered that the court adjourn to the house of E. T. Denison for the purpose of doing business, it being so inconvenient to do business at Fore's."

This order seeins to settle the question that while the court 7nel at Fore's, the first term of the court was held at E. T. Denison's. The names of the judges present were James Howell and Wm. Bowyer, but there is no record of their commissions, or that of the sheriff", and the latter's name is not recorded in the first session of the court.

This County Court composed of two members made an order, divided the county into three municipal townships by the names of Parson Creek, Locust Creek, and Yellow Creek, whose metes and bounds will be found in the township history department of this work. '

The first elections held in these townships were ordered to take place April 8, 1837, for one justice of the peace for Parson Creek and Yellow Creek townships,* and two justices of the peace for Locust Creek, to be held at the houses of citizens in each township. The court closed its session by ordering the sheriff to notify the judges of election, and to put up notices of the election, and also ordering the clerk of the court to procure a blank book for the use of the court before the next term. As there were but two and no presiding justice, the proceedings of this session of the County Court were signed by both judges present.

The first officers elected in the county were at the above election, and were Thomas Rapell, formerly of Virginia, and David Mullins, as justices of the

The next term of the court was held on Ma}' 1st, 1837, and at that session, the three judges appointed by the (-rovernor; viz., James Howell, William Bowyer, and Robert Warren present.

Their first work was to make P)arbee's store the temporary place for holding court until a permanent location was had b}' the erection of a courthouse. Judge James Howel was appointed presiding justice. John J. Flood was aj)pointed assessor and filed his bond, and E. T. Dennison appointed clerk, to hold until the next general election, and with this the court adjourned until July 1, 1837.

The July term resulted in giving the county of Linn its first treasurer in the person of Thomas JJarbee. Another election was ordered for the first Monday in Auj^ust to ffive another magistrate to both Parson Creek and Yellow Creek townships. Judge Clark got $5.12^ for his services as clerk. John J. Flood took $28.75 for assessing the county, and the sheriflF was called on to refund to the county $1.50 for an overcharge in his account, and it is presumed he did so.

Mr. Irvin Ogan of Parson Creek township, and Stephen McCoUum of Yellow Creek were the men elected justices, giving each of the three townships two magistrates each. They were elected at the August election, 1837.

The first road laid out in Linn county was in November, 1837, and started from one mile west of George Epperly's to tlie fish dam on Locust Creek. The road was cut out twenty-five feet wide, and banks dug so it would be passable. The first road overseers in the county were James A. Clark, Mordecai Lane, Sampson Wyatt, and Thomas Rupel.

It was at this term of the court, November, 1837, that the county judges decided to appoint commissioners to locate the county seat, as the comniisers appointed by the State had failed to fulfill the duty imposed on them by the act of organization. What had deterred them from acting was not recorded, but the people became tired of the delay and insisted that the County Court should take action in the matter.

Location Of The Col'Nty Seat

The act of the leijislature of Januarv 6. 1837, orcjaniziuij Linn countv, designated "John Riley, Ransom Price, and Levi Blankenship, of the county of Chariton," as " commissioners to select the seat of justice for said county." For some reasou these commissioners did not act, and the County Court, at the November session, 1837, appointed in their stead David Duncanson, of Livingston, James Jackson, of Howard, and Hiram Craig, of Chariton. The court also ordered the sheriif to "put up ten notices that the commissioners will meet on the 1st day of January, 1838, at the usual place of holding court in said county." Whether or not the commissioners met at the date appointed is not known, but it is certain that they did not act, or, at least, did not locate the county seat for more than a year thereafter. Only one of the commissioners named by the order of the County Court, David Duncanson, performed any service that can be learned of; associated with him was William B. Thompson. On the 29th of August, 1839, these two selected the present site of Linneus as the permanent seat of justice for Linn county. For their services yach received $32. The report was approved by the judge of the Circuit Court at the August term^ 1839, as soon as filed, the Hon. Thomas C. Bnrch being then on the bench.

On the 25th of August, 1839, John Holland and wife conveyed to Linn county the town site, by a deed in the following words and figures. The commissioners, aftei' due investigation, had fixed upon the site and agreed to so report if Mr. Holland would donate it to the county, which he readily agreed to do:

"Know all men by these presents, that we, John Holland and Elizabeth Holland, his wife, have donated and given to the county of Linn, in the State of Missouri, for the use and benefit of said county, as a permanent seat of justice* of said county, fifty acres of land, bounded and situated as follows: Beginning at a post at the northwest corner of section six, township fifty-eight, range twenty; thence east along the north boundary of said section, fifty-four poles to a stake in tlie prairie; thence south one hundred and forty-eight poles and five links to a stake in the prairie; thence west fifty-four poles to a stake on the range line, to which a red oak two feet in diameter bears north seventy degrees, thirty minutes east, eighty-two links, [and] a hickory ten inches in diameter bears south thirty-four degrees^ thirty minutes west, sixty-three links; thence north along the range line to the place of beginning; - to have and to hold the aforesaid tract of land, with all and singular the rights, privileges, and immunities thereunto in any wise belonging to the said county of Linn forever; and w^e further bind ourselves, our heirs, executors, administrators, and assigns to warrant and forever defend the title to the said tract of land to the said county of Linn against the claim or claims of all and every person or persons whosoever. In testimony whereof we have hereunto set our hands and seals, this 25tli day of August, in the year of our Lord one thousand eight hundred and thirty-nine. " John Holland [l. s.].

*Sonie lawyers have given the opinion that if the county seat is ever removed from Linneus, the land will revert to the heirs of Colonel Holland.

Two days after this deed was acknowledged before E, T. Denison, clerk of the court, by his deputy, Augustus W. Flournoy. Flournoy was allowed $1.02^ cents, September 17, 1S40, for recording the same.

When the town was first laid off it was called Llnnville. On the 5th of November, 1S30, the County Court ordered "that the county seat for Linn county be called Linnville"; and on the 30th, twenty-five days later, it was ordered " that Linnville be the permanent seat of justice of the county of Linn." On the 4rth of February following, however, the same court ordered " that the permanent seat of justice for Jjinn county be called Linneus,* instead of Linnville." The name was changed at the instance of Dr. Lewis F. Linn himself. Judge James A. Clark wrote to him that the county seat had been named, as had the county, in his honor, and asked his approval. The doctor replied that he did not wish to dictate to the court in a matter of that character, but that he preferred the name " Linneus " to " Linnville, and when Judge Clark laid this letter before the court that body immediately made the change referred to. It is often erroneously supposed that the town was named in honor of the great German scientist rather than of that noble old Roman, Missouri's honorable senator, Lewis F. Linn.

Doubts having arisen as to the legality of the proceedings of the commissioners and other authorities in locating the county seat - other commissioners than those appointed by the legislature having acted in the premises, the time set for the location having been changed, etc. - the' legislature, in December, 1840, passed the following legalizing act:

Be it enacted, etc. 1. That all proceedings and acts which may have been had or transacted by the commissioners of the seat of justice of the county of Linn, or by the County Court of said county, in selecting, locating, or establishing the seat of justice of said county, and in naming or altering and changing the name of the same, be and the same are hereby legalized and rendered as ettectual as if the same had been done in all respects in conformity to law.

"2. That all acts and proceedings wherein either 'Linnville' or ' Linn- ?ens' is used or occurs as the name of the seat of justice of said county shall be as bindino- and eft'ectual as if the name so used or occurring: had at all times been the legal name of the seat of justice of said county.

John D. Grant was the first county commissioner appointed. His duties were to attend to the sale of lots, etc. On the 5th of November the County Court ordered Commissioner Grant to advertise three weekly insertions in

*In the proceeding's of the County Court the name of the town is spelled as here printed; in the legalizing' act of the legislature it is spelled Linnieus; the former is doubtless the correct method, and the way the name is commonly written.

the Fayette Democrat newspaper tliat on the 2d of December following there would be sold " one-third of the lot? in the town of Linnville, Linn county, Missouri, on a credit of six, twelve, and eighteen months, of equal installments." He was also instructed to " lay out one acre of ground in the Publick Square to be laid out in a square to commence at a stake and run an equal distance from said stake, the Publick Square to be on the west of said line; one main street on each side of the Publick Square running north and south, fifty-one feet and six inches wide; two back streets thirty feet wide each; two main cross-streets forty-nine feet six inches wide, each adjoining the Publick Square; one back cross-street on each side of the Publick Square, thirty feet wide each; and that he lay out sixteen lots to each block around the Publick Square, running back eighty feet, and the balance of the lots to be laid out agreeable to a plat rendered to said commissioner."

John D. Grant, the first county surveyor and commissioner, surveyed off the town into lots, being assisted by another surveyor, R. W. Foster. The work was done in the latter part of the month of November, 1S39. For his services Grant charged the county $200, but the county court only allowed his estate $77 (Record " A," p. 45). Soon after the first lot sale» Mr. Grant died. December 28 R. W. Foster was appointed county commissioner in his stead by the County Court, and, shortly after, the Governor appointed him county survej'or. He was removed in February, 1842, and Charles A. Fore appointed county commissioner in his place.

The first lot sold was lot one, in block one, to Meredith Brown; it has not been ascertained what was the price paid, although it must have been at least five dollars, as the court ordered that no lot should be sold for a less price than that sum. The sale continued two days, December 2d and 3d, On May 6th, 1840, another sale took place, one-half of the remaining lots being sold on that day.

"The house to be built on the southeast corner of lot three, block nineteen, of hewed logs, thirty-six feet long and twenty feet wide, [the house to be twenty feet wide, not the logs, of course,] from out to out; the wall to be fifteen feet high from the bottom of the sill to the top of the plate, with a wall partition to be carried up from the bottom to the top of the plate so as to make the front room twenty-three feet long in the clear; the logs all to be of sound oak; the sills to be of white oak or burr oak; the sleepers to be of good white oak or burr oak of suflicient strength, two feet from center to center; the joists to be of good sound oak, three feet by ten inches, put in two feet from center to center, to extend through the walls; * * * the house to be covered with good oak shingles; * * * the end of the house is to front the public square, with one door in the center of the end of the house; one fifteen-light window on each side of said door, eight by ten inches; one door in the center of the partition wall; one door and one window in the end of the back room, so as to leave room in the center for a chimney; the window to be twelve-light of eight by ten inches glass, the doors and windows to be finished in plain batten order, with good black-walnut plank; * - '^ the whole building to be chinked with stone suitably tamped; the lower fioor to be laid down roughly, with square joint; the upper floor rough-tongued and squared, the plank to bie of good sound oak timber well dressed, with an opening left in the southwest corner for a staircase; the whole to be done in* a workmanlike manner on or before the 1st day of August, 1841."

The building of the temporary court-house was let to David Jenkins and Goolsby Quine, $400 having been appropriated for the purpose February 5, 1841, and was superintended on the part of the county by William Hines. It was not completed by the time specified. In November Mr. Hines was ordered to have a brick chimney erected in the building, to con, tain two four-feet fire-places below and two two-feet fire-places in the upper story. The building finally cost, when completed, $516.50, and long stood in Linneus, and is well remembered by the older settlers.

Before the building of the court-house, the county offices wore usually at the residences of the officials. Court was held at Barbee's, Fore's, and Holland's. Judge Clark held his first court at Holland's. The court assembled in one room of the cabin, (the first in the place,) which was warmed by a fire-place with a smoky chimney. The smoke was almost intolerable. The judge and the attorneys shed tears copiously and it was well for the blind goddess who was supposed to preside on the occasion that she uyis blind. Her eyes would have been smoked out if 'she had had any. The trouble with the chimney was that the back wall was bad - full of gaps and cracks. It chanced that in the midst of the session this back wall fell out. The judge thereupon adjourned his court, and was not very sorry that the mishap occurred. As he left the court-room the sheriff came to him, told him that a fight was in progress near by, and j^sked for instructions. "Oh! never mind," said the judge, " let them alone - let the boys enjoy thetnselves!'^

But the buildings used by the early officers seemed good enough for the occasions and answered all purposes very well. There was not much business of a public nature to transact, and it was soon disposed of. Some of the officials carried all the records pertaining to their respective offices in their breast pockets. Yet there was no complaint that business was neglected or that injustice had been done.

The first ferry license was granted to William and Jesse Bowyer, free, and they were allowed to charore twelve and one-half cents for man and

Fifteen months had elapsed, and the work was commenced to carve up the three original townships and duplicate them from time to time as population and a desire for local official life might demand. The first township that a slice of territory was taken from was the central or Locust Creek, and with its boundary lines defined they called it Benton. This was accomplished at the May term of court, 1838, and an election was ordered May 26 for two iustices of the peace for this new municipal sister. John Pierce and William Gibson received the suffrages of their neighbors and were the elected justices.