Union Township (part 1 of 4)

Union Township

Union township can boast of having been the location of the first settlers of Daviess county, although it was not given the name of " Union" until 1869. It was part of Honey Creek, one of the first townships named, as it was also a part of Jackson, another one of the original townships. Its first change of name from Honey Creek was to that of Gallatin, but this was only that portion west and south of Grand River. The portion north and east of the river still retaining the name of Jackson township. In 1869 it was made a municipal township, and its metes and bounds was the eongressional township known as number fifty-nine of range twenty-seven, and lies on both sides of the Grand River, its territory being equally divided by that crooked stream. It has considerable rongh and broken land on the Grand River and Big Muddy Creek, which runs through the central and eastern part of the township. Being well supplied with water, and containing many valleys with sheltering hills it is one of the best stock-raising townships in the county.

The surface of the township is very rolling excepting on the south and southwest. The prairies are high with an undulating surface giving them a natural drainage, and on the Grand River will be found many bold and rocky bluffs which look down upon its turbid waters from the height of from 100 to 300 feet. The banks of the Big Muddy are somewhat broken and uneven, but there are none of these prominent bluffs to be seen that gave the name to its larger neighbor and to which it is contributory. The township is nearly, if not quite, three-fourths timber, and such timber as makes the saw-mills Jangh with glee and the saws sing in joyful tones as they eut their way from end to end of the food furnished. "Oh! ves, I will board you, J will raise a dust around you, you slab-sided son of the forest," and there is plenty of that kind of work in Union township, and its wealth from its timber ean hardly be computed. There is no clearing done timber-land is cleared as fast only as wood and lumber are sold. Almost every variety of timber is found, and the soil of the township is rich, deep and mellow. Where the town of Gallatin now stands, and the hills surround. ing it, is the highest point of land in the county. Union is the southeast township of the four central townships in the county, and its northwest corner is the center of the county. It is bounded on the north by a corner of Marion, and Grand River townships, east by Jackson, south by Monroe, and west by Liberty, and has an area of 22,406.02 acres of land.

Population

The county seat is located within its border, and it is the most populous township in the county. Just what the population of Union township was in 1860 is hard to tell. Gallatin township, of which its northeast portion was made a part of Union, had a population of 1,520 in 1860, and the other part was formed from Jackson, which had a population of 971 in 1860. Taking the northeast of one and the southwest of the other and forming Union township in 1869, the census returns of 1870 gives Union 1,515, whieh is nearly two-tifths of the population of both townships, while it had not one-fifth of the territory, for the next year, 1870. Jamesport, or rather Grant, Washington and Lincoln townships were taken from the territory of Grand River.

The township has fairly improved, and its farming population has kept pace with the growth of the county seat. In the census of 1880 the population of the township was jast fifty more than the population of the county seat, the former having 1,191, and the latter 1,141.

A majority of the farming community live east and north of the river. While the east half is well watered by the Big and Little Muddy creeks, the west half has only a small branch of Toney Creek, and about halt mile of the latter in the sontheast part of the township, where it empties into Grand River. A small branch called Elias Creek is in the northeast part of the township, west of the river, Grand River runs from the northeast to the southwest corner of the township, and is spanned by a splendid iron truss bridge at a cost of nearly $10,000. The bridge is one and one-half miles northeast of Gallatin and on the thoronghfare leading to the St. Louis & Omaha Railroad depot which is located a quarter of a mile beyond the bridge.

Old Settlers

was a hunting party from Ray county the year previous, who made a camp in Monroe and then in Union township. This party was composed of John Stone, John Stokes, Daniel Devan], Wyman Vanderpool, Thomas Linnville and two others, all of thei staked ont their claims in 1831 in what is now known as Union township. The principal settlements being on sections thirty-two, thirty-three and thirty-four, These pioneers, however, were pot long left alone. There were the Splawns, Jolin and his son M ayberry, Isaac who moved to Grundy county, William and Stephen Splawn, Elisha Creekmore and a few others, all came in 1832 and 1833, while mnuving direct from Ray county here, the Splawns were originally from North Carolina. The "North State" has contributed a good many of her sons to till the soil of Missouri, making good citizens and seeuring comfortable homes. The Splawns, after raising a cabin on the hill just beyond the present Rock Island depot, moved to section twenty-six on the cast side of the river, and " Splawn's Ridge' is familiar to the people of Daviess county.

Robert Peniston, Sr., came in 1833 or early in 1834, and was the original settler of Millport, a town now numbered with the dead. TTe settled in section twenty-two, east of the river. It was the first town in Daviess county and up to 1837, the only one. There was a store kept by Weldon down on the Lick Fork, and over on the Grindstone was another, but Millport grew and flourished until Gallatin was proclaimed the county seat. It then began to decline, and the Mormons finished it by burning it down in the raid on Gallatin and that town. Millport was the center of a large trade in 1835, 36 and '37. The mill belonged to Robert Peniston, Sr., and was built by him with the assistance of his son William, and Milford Donaho. In fact, William P. Peniston built the first house with the lelp of a negro man, Jake, who belonged to Robert Peniston, Sr. There were quite a number of stores, such as groceries and dry gouds, or what is known as "general stores."" .A. little of everything was kept that was needed in the country. Jacobs, Williams, Worthington, Adams, and some two or three others did business at Millport, and all the above named forsook it for the new town, Gallatin, where the county seat was loeated, Thi first store was put up by George W. Worthington, or as it was called in those days.a dram shop, and Jaeob Stollings got his boarding-honse and store up almust as soon, and being thus forsaken Millport droped, and the Mormons finished it, the town going out in a blaze, not exactly of vlory, but destruction, And where once the metropolis of Daviess connty stood, nothing is left to tell the tale. Waving fields of grain have grown and are growing where, in the early days it was fondly hoped a town would be bailt that would extend its borders and its influence and become as it then was, the center of trade for a yast circle of country. Trade came to Millport from the distance of forty miles, but within a cirele of trom tifteen to thirty it was the headquarters. The population was south and west of the river, and that is why Millport that was, is not now, but is gone forever.

Jobu A. Williams, Thomas W. oe ee Clingan,and qnite a number of others came in 1836, William C. Atkinson, now a resident of Benton township, eame in 1835, and so did Jacob Stollings, Lewis J. Dodd, Philip Covington, Marshall K. Howell, and a few others. Howell. Dodd and Covington preémpted the ground upon which the county seat is built, and in 1836 Howell offered to sell his claim for $30, but failed at the time to make atrade. Thomas Clingan built, in 1838, the first buggy ever used in the county. His shop was afterward the office of the old Park House, on the southwest corner of the square, in Gallatin, and now used as an office for a livery stable. Josiah Marvin was also an early pioneer, and came in 1834 or 1835. Before Millport had grown, produce of all kinds had to be hauled to the Missouri River, and it was there that supplies were purchased as well. Two to four yoke of oxen were hitched to 2 wagon, and generally took from seven to ten days to make the trip. Groceries, dry and wet goods were furnished by these Missonri River towns, and when the stores were first opened in the county, these old pioneers did the hauling, and received from fifty to sixty cents per hundred pounds, paid in trade. It was some years before hogs and cattle became plentiful so as to furnish meat for the people, and a good deal of bacon was hauled out. But the unerring rifle of the hunter was what furnished the regular meat for all first-class hotels and boardinghouses, and this class of business kept a regular hunter employed. In fact, as late as 1837 and 1838 the hunters made a contract to furnish meat to the Gallatin hostelrys. A full grown turkey brought a quarter, and a deer a dollar and a half to two dollars. A good large buck was worth more, and the hunter kept the skin.

The location of the county seat gave Union township a start which she has held ever since, but will be crowded hard by Benton, Jamesport and Grand River townships during the next decade. There is a good deal of vin and enterprise in the towns of Jamesport, Jameson and Pattonsbarg, and they are preparing to run a lively race for the supremacy. There are several townships which exceed the population of Union township, outside of the population of the county seat, leaving the towns out. Benton leads, followed, in the order named, by Marion, Jackson, Grand River, Jefferson and Union, and the latter will have to exert itself to increase its population, if it would retain the county seat within its borders. Jameson is not idle, and the population is growing north and east of the river more rapidly than suuth and west. In the article on population the relative position of the two sections will be found explained, and for Gallatin will furnish some food for thonght.

What Happened

The marriage bells rang merrily forth in the spring of 1840, and April tears were but the prelude to domestic joy. Jt was on a beautiful day that John Carr and Susan Peniston were united in marriage at the house 'of the bride's father, Robert P. Peniston, Sr., and this was the first inarriane sii: emnized in Union township. It was not very long after, that the cciieey brother of the bride, Robert P. Penistun, Jr., led to thealthy Miss Elizabeth Morin, a dangliter of Josiah Morin, and thus two more souls were made happy and two hearts united to tread together the pathway of life throngh sunshine and shade. =

The first child born in Union township was John Splawn, son of Isaac and Ibbie Splawn, in 1884, and Tethenia, a daughter, was the first girl, born iu 1836.

_ The first death was that of the infant daughter of Dr. O. W. Smith which occurred in the fall of 1840, and she was buried on the Smith them on Grand River, ' the first physicians. Dr. Ellis went to California, and came from Kentucky. _ Christian services were held at the house of Robert P. Peniston, Sr., by the Rev. Millites, a Methodist cireuit-rider in 1834. Services were alee held at the residence of Daniel Devaul and others, and there were quite a number, of different denominations, who preached at times while passing through the county.

The first school taught was by A. 8. Yontsey, in a little log cabin adjoining his farm. It was a subscription school, and the price was $3.50 per session of three months. Ira Norris also taught one of the early schools and the burden of proof is in his favor as the first teacher, but the exact date of when the school was kept is wanting, but probabiy as early as 1836.

The first school-house was undoubtedly erected on the Yontsey farm. William Bixby was the contractor, and the carpenter work cost $25. The lumber was furnished by the settlers in the neighborhood.

Improving

Farms, well improved, began to show themselves over the township, and Gallatin, the new county seat, had about it the air of business. The meetings of the Cirenit Court and the county business gave it importance and it soon became the Mecca for the people of the county. Joseph H. MeGee came in 1838, so did 8. P. Cox. The Mormon War was over, and settlers eame in more rapidly. The township was being rapidly developed by the

'All through the country 'round stakes were seen, Standing with tops above the verdant green; And here and there a little space was cleared, On whieh the rade cabin should be reared; Then fell the trees before the magic ax, Cabins were reared, with mad danbed up the cracks, And chimneys were built up of oaken sticks - The settler's ready substitute for bricks."

This was about the situation in 1840. Settlers came and the township. continued slowly to prosper. The county seat grew faster, however, than the township. For some years there was nothing to break the monotony of farm life or the growth of the county seat. The Mexican War and the "gold fever" had come and gone, and even the effort to make Grand River navigable was given up, as Benedict Weldon reported a failure of his mission to have that dam in Livingston county removed.

Then came war's alarm, when brother was to meet brother in mortal combat, and a once free and happy republic was to become the seat of a military despotism. The angel of peace was preparing for her flight, and the demon of hate was to hold high carnival tor four long and gloomy years, But even those dread years passed away and the sunlight of peace once more shed its blissful rays over the land. Then Union township woke up to the future, while the dead past was left to bury its dead. Finding that steamers could not float upon the waters of the Grand River and that even keel and flat-boat navigation was not at all times safe, the people began to turn their attention to railroads. There has been two statements made of the navigation of Grand River flat-boats. One by Robert P. Peniston, Sr., and one by William P. Peniston. The date of navigation by the former was in 1847, and of the latter reported by Mr. MeGee without date, as was also the " dugout" trip of Theodore Peniston. It is said that William Peniston proceeded to St. Louis with his boat and arrived safely, but nothing is stated of what it contained. There is some doubt about this and it probably never happened. Robert P. Peniston, Sr., is reported eirenmstantially to have built a flat-boat in 1847, to go to St. Louis. That it was loaded with hoop-poles, wheat, bacon, and hemp. His boat sunk at Compton's Ferry on Grand River, and he lost all his eargo, except a portion of his hemp. The valuation of this eargo was $1,500 aud there being no insurance it was a total loss, excepting the small portion of hemp reported above as saved. 'This probably was the only flat-boat venture on the muddy waters of the Grand River, The boat of William Peniston was probably somewhat mixed with that of his father.

Murphy, who, while under the influence of liquor, killed his wite by strik ing her a blow with his fist, killing her almost instantly. Ile had his trinl and was sent to the penitentiary tor five years, but was patted ont after serving about half of his sentence. This was in 1842. Davitas county has, with the exception ef the war period, been rather free ae eens There has been but few murders in the county. .

The railroad fever began to burn fiercely soon after the close of the Civil War, and reached its height abont the year 1869. Union township had the fever strong, for as they had the county seat they were pretty sure to have two railroads if they came into the county atall. While other townships wonld only get one Union was to have two and so pass through her territory that no part, except the extreme southwest corner, would be more than two miles from a road, and even that wonld not exceed three miles. The St. Louis & Omaha passes more direetly from southeass to northwest, but the Rock Island also bears off at an angle so that where it leaves the township on the west side, itis nearly two miles farther south than where it enters the township on the east. It thus not only secured a competing point but it had double the assessed valuation of railroad property for taxation, which is no slight help. When the county is once clear of debt, that property will be of valac to reduce local taxation. The roads were at last secured and the future of Union township is one of undeniable prosperity. Although only six miles square she has nearly if not quite fifteen miles of railroad within her border. With this addition to her taxable wealth, it needs but immigration to retain her commanding position.

There is an abundance of good land and at fair prices in Union township, and it should be the aim of the eitizens of the county seat to see to it that Union township rapidly and permanently adds to her population.

The schools of Union township number nine and are all in a flonrishing condition. In fact, if there is any one thing that has shown thesound judgment of the people and an enlightened poliey on the part of the officials of Daviess county, it has been the deiermined and persevering effort in the cause of edueation. In this respect she is worthy of all praise. Edueation is anendaring monument, the foundation upon which the superstructure ofa free republic is built. Let Christianity and education go hand in hand and tyranny will find no foothold on American soil.

Valuation

It was only since the year 1877 that the valuation of the township separate from the county bas been given. The valuation of the county in the aggre- gate has been given from year to year, and the report of the township assessors under the new law, which went into effect the present year, will again give the township valuation. A comparison of the report of 1877 will then be in order,

Official List

As Union township was not organized until 1879, the list of its first officers, justices of the peace and constables, were given first to Honey Creek township, then Gallatin, and finally Union, up to 1871. In 1872 the new township law took effect, and from that date to 1877, township officers were elected. The list for 1872: supervisor, John D. Coulson; clerk, Russell Oxford; assessor, Richard Daniel, Sr.; collector, Levi Johnson; constable, William $8. Able; justices{of the peace, Owen H. McGee and William A. McDowell.

Trustee, B. F. Stout; collector, $8. P. Cox; clerk, Ernest Sheets; assessor, Frank Ewing; constable, Holmes Cravens; justices, W. A. McDowell and A. 8. Yontsey.

Justices of the peace, Frank Ewing and Daniel Heaston; collector, Benton Miller; assessor, A. G, H. Gibbens; clerk, Russell Oxford; trustee, D. Hartield Davis; constable, Benjamin H. Stean.

Trustee, D. Hartfield Davis; collector, Benton Miller; assessor, 8. P, Howell; clerk, Russell Oxford; constable Benjamin H. Stean; justices of the peace, Frank Ewing and Daniel Heaston. ,

The Jaw was changed in 1877 and there were no township officers for the years 1878, 1879 and 1880. Then the law was again changed and township officers were provided for. The cleetion tor 1881: Trustee, Eli Dennis; clerk, John T. Shaw; collector, Atbert Gibbens: constable, George Smith; justices, Frank Ewing and Eben T. Smith.

Biographical Sketcites E. C. Carter

Elijah Calvin Carter is a native of Indiana, and was born oa the 18th day of March, 1837. When he was four years old his parents removed to Jasper county, Missouri, and there Islijal was reared and edneated,

In September, 1855, he came to Daviess county, and has been a citizen here ever since. His oeewpation is that of a farmer, and he owns a well-improved farm of 200 acres in Union township, uot far from Gallatin. Mr. Carter has over a mile of hedge fence on this place, a comfortable and commodious residence, and one of the best springs of water in the county,

When the Civil War spread like a blight over the land, Mr. Carter's sentiments were all for the eanse of the Union; accordingly, in the fall of 1862, he enlisted for the national defense in Company A, under Major S, P. Cox, and served six months. After this he enlisted in the State Militia, and served until the elose of the war.

Mr. Carter has been twiee married. [lis first wife was Miss Luey A. George, to whom he was married in this county, on the 24th of November, 1858. She died March 7, 1876, and he was again married, July 2, 1877, to Miss Elizabeth A. Cravens. Dy the first union he had nine children, six of whom still survive, named as follows: Salathiel, Mary V., Willie G., Ollie E., Edgar W., and Festus. Those deceased are Charity C©., Elijah C., and an unnamed infant. By his seeond marriage, Mr. Carter has had two ehildren, one living (Bertha A.), and one dead | Armon).

Daniel Ileaston

This gentleman was born in Montgomery county, Ohio, August 9, 1824. His parents removed to Champaign county, in the same State, when Daniel was about four years old, and when he was fifteen years old, again moved, this time to Randolph county, Indiana. After leaving school he became engaged in the*fanning-mill business, and continued some four years. From 1851 to 1854 he was engaged in the patent-right business with another man, and part of that time they were traveling. Mr.

Heaston returned to Randolph county, Indiana, in 1854, and on the 24th of June, 1855, was married to Miss Susan Monks, Nine children have been born of this union, whose names are subjoined: Adam, Henry C., David D., John O., Samuel P., Sarah M., Mary A., Daniel G., and Cora B.

In the fall of 1855, Mr. Heaston came to this State and county, and has ever since been a citizen of Daviess. He is a farmer and a snecessful manager. He owns a good place of 160 acres in Union township, and has it well fenced and improved. He was elected justice of the peace in the fall of 1862 when living in Jefferson township, and served four years. In 1872 le was clected to a similar position in Union township, and served two years. Tn 1878 he was electerl for four years to the same office, but refused to serve louver after the aluption of the township organization law in 1881.

The lady whose name heads this sketch is the widow of the late Ellis Knight. She was born in Virginia and was reared and edueated in the same State.

She is the dangliter of Lewis and Abigail Baker, both of whom were nativesot Virginia. She was married to Mr. Knight on the 26th of Angust, 1840. In 1$48 they moved tu this State, settling in Daviess county, where the husband engaged in farming and stock-growing. Tle was thus engaged from the time of his first coming, up to within a few weeks of his death, which occurred June 13, 1871. Myr. Knight was a man of thorough business qualitications, and was honored by all who knew him. A kind husband and father, a friend to the friendless, always ready to help these in need; a man of warm feelings and sympathetic impulses, his loss was sincerely mourned, not alone by his own family and relatives, but also by the Jarge circle of friends his kindness had won for him. Mr, and Mrs. Knight had twelve children, nine of whom still survive: James F., Martha A., William E., Thomas B., Isaac N., Naney E., Mary S., Idella V., and Naomi L., are the surviving children. Lewis C., Jolin W., and S. E. Knight are deceased.

James F, Knight

Was born in Page county, Virginia, on the 8th day ot January, 1843. He lived in the county of his birth until he was about thirteen years old, when his parents moved to Missouri, and atter stopping one year in Chariton county, settled in Daviess county, where James F. has ever since resided. Mr. Knight was reared a farmer, and since his residence in this county, has devoted himself to agricultural pursuits and stock-raising,

Sarah A. Penderson, They have been we with seven children, whose names are here given: Virgil, Ona V., Veronia, Moran N.. Jessie P.. Elizabeth and Mary E.

When the Civil War began, Mr. Knight enlisted in the exuse of the Confederacy, in the regiment commanded by Colonel D. Williams under General Joseph Shelby. He served ereditably until the clase of the war. Mr. Knight owns a good farm, well-improved and finely located; and from his reudilenes may be had a splendid view of the surrounding country,

William 3, Lile

William Parker Lile is a native of this State, and was born in Ray county on the 28th of February, 1831. He grew to manhood in the county of his birth, and received his edueation in the common schools. Ile began life for himself asa farmer, and is still engaged in the same useful avocation, In the spring of 1853 he came to this county and again engaved in farming Ile owns a place of 100 acres of well-improved land, situated only about two miles southeast of Gallatin, in Unien township, valuable for its fine natural location as well as its proximity fo the county seat. Mr, Lile was married in Gallatin, Mareh 4, 1860, to Miss Anna E. Boggs, «a native of 'Boone county, this State, and born October 5, ISSO. She 'came with her parents, when four your years old, to Daviess county, where she grew up and was educated.

Mr. and Mrs. Lile are the parents of three ebildren; named respectively, William G., born April 5, IST4; Faunie O., and 'an unnamed infant; both of the latter being dead.

Harvey U, Patterson

Was born in Virginia, September 2, 1824, and was reared and - - in his native State. After leaving sshaol he learned the earpenter's and, aiso, the eabinet-amaker's trade, and worked at them conjointly until the fall 'of 1858. In that year he went to Illinois, and did journey work there until the following spring, when he went to Warren county, Lowa. and located in Indianola, where he worked at the carpenter's trade fur five years. He then improved a firm and followed farming until 1860, when he went to Montana and engaged in mining and prospecting. In the fall of Is66 he eame to Daviess county, this State, and jas resided Jere ever since. with the exception of three years spent in Livingston county.

Mr. Patterson has one of the finest farms in the township, a place eonsisting of 340 acres of well-improved land, on whieh he has an elegant new residence, three and a half miles northeast of Gallatin, He was married in Virginia, October 24, 1844, to Miss Jane Patterson. Mr. and Mrs. Patterson have five children, of whom only two are living. Mary C., born Octo- 'ber 10, 1851, and Milburian H., born September 8, 1865, are the two that still survive. The following are the names and dates of births and deaths of the three deceased children: Francis A. C., born February 6, 1847, died on the 25th of the same month; James T., born September 19, 1853, died August 17, 1854; and America J., born December 16, 1858, died February 8, 1877. GEORGE W. RAY Was born in Indiana, on the 18th of November, 1831. When he was eight years old his parents moved to Ilinois, and in that State, George was reared and edueated. He became a farmer in that State, and continued there until 1860, when he came to Missouri and settled first in Caldwell county. When the Civil War began Mr. Ray enlisted, in the fall of 1861, in Company B, commanded hy Capt. M. F. Reid, in a regiment reeruited north of the Missouri River. He was commissioned first lieutenant of his company, and served thus till the close of the war. Returning to Missouri after the war, he stopped first in Ray county, and remained until April, 1872, when he came to this county, where he has ever since resided, engaged in farming and stock-raising. He was married in Illinois, on the 13th of June, 1856, to Miss Mary Watkins, a native of that State. Five children have been born of this union, three of whom are still living; named, respectively, Vietoria, James K. and Charity. The other two, Abigail and another child, are both dead. EBEN T. SMITH.

The gentleman whose name heads this sketch can boast of having beem "to the manor born," as he is a native of Daviess county. Mr. Smith was born on the 22d of September, 1846, and was reared and educated in the county of his birth. His schooling was limited to the common school course, as taught in his boyhood days in the schools of this connty; but his education did not cease with that. Being a practical man, of large pereeptive faculties, Mr. Smith has learned much in that hest of all schools - that of actual experience. Tle was reared to farming pursuits, and has never followed any other ealling for any considerable length of time. At the time of this writing Mr. Smith is serving a second time as justice of the peace, having been first elected in 1878. In about 1871 or 1872 he was elected township ussessur, and served one term. He has also served his district as supervisor of roads, school director and district clerk.

Mr. Swith was married, in this connty, on February 12th, 1870, to Miss Cornelia Bozarth. This Iady died in Jannary, 1875, and he was a second time married, on the 25th of Oetober, 1876, at Hamilton, Missouri, to Miss Ada O, Vanvolkenburgh. Dy his first marriage he had three children, one of whom (Nora) still survives. Three children have been born of the seeond union, but only one is now living, a son named Leslie D.

Ezva Smith

_ The subject of this sketch was born in Grandy county, this State, March 10, 1847. When Ezra was about seven years old his parents removed to Daviess county, and here he was reared and edueated. The first work he did after his school days were over, was that of cattle-driving between Jamesport and Illinois. In April, 1865, he went to Salt Lake City, and while on this western trip was also in Montana and several other Territories, where he followed treighting and stock-herding, ete. He returned to Daviess county in the winter of 1569, and soon afterwards engaged in fanning, and is still engaged in that avocation at the time of this writing. Mr. Smith has a farm of eighty acres of well-improved land, situated about tour miles northeast of Gallatin. He was married in Daviess county, June 2, 1871, to Miss Alcinda Lockridge. Five children have been bern of this union, whose names and date of birth are as follows: Leslie, born August 7, 1872; Stephen IL, born Mareh 10, 1874; Edith E.. born April 8 Is7#; Alvie F., born July 10, 1878; and Ezra, born August 25, 1ssv.

William Warner

Is a native of Virginia, and was born in Rockingham county on the 17th day of February, 1827. When twelve years old his parents moved to Indiana, and in that State, William grew to manhood. In the fall of 1850 he embarked in mercantile pursuits at a place called Sulphur Springs, continuing in that business until 1857. In that year he came to Daviess county and engaged in farming, paying little attention to anything not connected with his farm.

Mr, Warner was marricd in the State of Indiana on the 25th day of August, 1853, to Miss Nancy Ilarvey. Mr. and Mrs. Warner had three children, named, respectively, Jane, William R., and Parmelia. He lost his wile by death, June 23, 18633. August 18, 1864, Mr. Warner married Miss Rachel A. Braughton, of Gallatin. By this marriage they have two ehildren, named Elwood and Robert.

Archibald Smith Youtsey was born jn Campbell county, Kentueky, December 10, 1816. His father, Adam Yontsey, was a native of Maryland, and came to Kentueky when a boy and engaged i in farming in that State; and is said to have been a very ingenions aud energetie man; his mother was a Virginian by birth, and was reared and edneated there. Wien he was abont throv years old his parents moved to Ohio, and in that State, Archibald grew up and received his education. In the winter of 1834 he started for Indiana, and arrived at his destination in the following fall. He spent four years in that State, engaged in farming. His coming to Missouri was in the fall of 1838, and he settled in Daviess county and engaged in farming and stock-raising. In addition to the live-stoeck grown upon his own farm, Mr. Yontsev is considerable of a dealer in cattle, hogs, ete., whieh he buys, feeds, and ships to market, JLis well-adapted farm of 240 aeres, is always well supplied with good breeds of stock. Nature has done mnueh to adapt this farm to the uses to which Mr. Youtsey puts it, there being a number of living springs which always afford an inexhaustible supply of water, the place being also divided by Muddy Creek. The improvements on this place are every way such as an energetic and thrifty man, like the owner, would make them. TIlis fine residence is beautitully and conveniently located, and commands a fine view of Jamesport. Mr. Yontsey was married on the 4th day of June, 1850, in this county, to Miss Maria E. George, a lady who was born in Kentucky, February 9, 1834. The result of this union has been fourteen children, thirteen of whom are still living: namely, Mary R. W., born March 31,1851; Obed 8., born May 24,1852; Adam F., born Janaary 1, 1854; Medora E., born Jannary 8, 1856; Elizabeth M.. born January 29, 1858; Phena L., born May 27, 1859; Edward T., born August 4, 1861: Beatriee M.. born October 4, 1863; Creorge C.. born January 27, 1866; Mamie E., born May 14, 1868; Archibald S., Jr. born December 10, 1869; Eben E., born March 29, 1873; and Edith, born July 11, 1876. Christian T., who was born August 19, 1879, died September 7, 1880.

Mr. Yontsey isa man of large practical experience, and of finely matured judgment; and his well known character tor fair and honorable dealing 'has won him many friends among the best people of the county.

Chapter Xxii And Present Growth

ity of Gallatin - Adrancing - Business - Mavufacturing - The Title Secure - The Derd - Othes Fuets - lneorporated- - Assioning the Rohes - Town Officers - Petition-- Wanted Civil Gorernment - Petition Nu, 2 - Election Notico - New Opivers - City Charter far IS70 - Articles Fto X - Kutles and Regulations - Avticles Ita t i - Eluctioie - What His Been Shipped - Assessed Valvation - Business avd Business Mon of Callatin - Old Landimearis,

City Of Gallatin

Gallatin, the county seat of Daviess county, is sitnated upon a portion of the highest ground in the county, and surrounded on all sides by a range at highlands, thickly studded with timber on three sides, while on the south and suuthwest is seen a beautiful landseape of high and rolling prairie, dotted here and there with residences, orchards and shady groves, and the view from the top of the ancient court-house on a fine day is really splendid,

It lies west and southwest of the Grand River, about one mile from the latter point, and is laid out upon a succession of hills, with intervening ravines, and covers about three-fourths of a section of land. Thus prominently located, with a rich fertile and prosperous farming country around, Gallatin holds a commanding position, not only as the metropolis of the county, but in its business interests and in the energy and enterprise of her people. Those unacquainted with the wealth of Daviess county would be astonished at the large trade concentrated at this city. Tler merchants earry stocks in quality, variety and atuount that would throw no diseredit upon a city of quadruple its population.

Gallatin was founded in 1837, but her growth was slow until IS70. Years 'ame and a eycle of years passed, yet Gallatin made no extra effort in the line of progress. The business of the county was transacted at her door; from Gallatin radiated the moving current which controlled the destiny of the county. Her brain-power controlled its political lite, and the intelligence of her citizens held sway over the sucial ways, while acting as a guide in advancing the education and progress of the people. Thus mutters stood for over thirty years. when there was infused in Gallatin a spirit of enterprise, and the iron horse was invited to make a roadway through the connty, making the earth tremble at its tread, while lis shrill neigh should echo from hill to hill and*through ravines. and recchoing trom the bold and rocky bluffs of the Grand River the fact that civilization and progress had seenred a firm foot-hold within her borders. From the ineeption of this great project all listlessness passed away, and Gallatin awoke to the faet that destiny had a future in stere for her if she would awake to a realizing sense of the work demanded. Her dormant energies became aroused, and the fire of ambition began to burn strong and brightly for a glorious tuture, and thus we find her in the year 1869 eager to make the battle of life a great success, or go down in the struggle with her armor of generous ambition untarnished.

So the work of advancing the interests and the prosperity of the county by securing railway facilities to the people commenced, and not only one line but twe trunk lines, giving communication with the leading markets of the West and East were seeured, and Gallatin has within the last deeade nearly doubled in population, while the fine buildings which are an ornament to her, have been all erected in the last ten years. Her population, in 1860 was but 448, and probably did not much, if any, exceed 600 in 1870, The war had the same effect upon her growth that it had upon other towns and cities, and her gain had been very slow up to the year last mentioned. Her population now is about 1,250.

Advancing

In seenring railway communication with the outside world, Gallatin started into new life and activity, and she began to feel the inspiration which always follows true progress. Rival towns were starting up around her, but these, so long as her own exertions and energies were displayed, were of advantage. Her fine business blocks show to advantage: her tasteful residences and handsomely laid off grounds show that her people have both refinement and culture; add to this * progress,' and all will be well with the metropolis of Daviess county. And with these take the social characteristivs of her people, and you have one of the most home-like places to be found through all this fair land.

Business

The business interests of Gallatin are wpon a sound and substantial basis, and her business men have very little of a speculative character in their composition. They buy where they can purchase the cheapest, and they sell upon the principle of " live and let live.' This has seenred them a iarge and steadily increasing trade, and they are satislied to grow and prosper as the country around shall become more populons and a greater area of land feels the e nlivening effect of the plow and shall yield its rieh fruits to the husbandman.

There is a future for Gallatin, but it will only come by earnest work and constant watclifulness. As the political as well as the business center of the county, there is nothing to prevent her growth keeping pace with that of the county. Let the former be lost to her and the future would be far from promising. It is this fact that should arouse the dormant energies of the people. The advent of the railway was to infuse new life. and for the first five or six years it held good, but it now looks as if for two or three Spi past that there has been a lull in this upward and onward movement "This should not be, for other towns are awake, and lost opportunities are seis regained. The business section of Gallatin being built around a handsome public square, beautifully shaded with trees, vives lera neat and handsome - - The - has heen macadamized and the refuse being buried it always has a neat and cleanly appearance. The people generally beine j good circumstances, are able to fedules in the ile and vee ae fe, as well as the necessaries. 7 . 7

Six churches show the tendencies of the people toward that which tends to elevate them and seck higher and nobler aims than is found in sordid gelfishness. Her beautiful Union sehool-house, the pride of the people of the county, show that they believe that intelligence is held as the foundation stone of social life and tuture suecess. These are the main-springs which advance the welfare of all and make homes pleasant and happy and society removed from that coarseness which ever surrounds ignorance.

The manufacturing interests of Gallatin are not large, and what there is should be fostered and improved. Manufacturing business of many kinds could be built up to advantage in Gallatin, and it is this, and this alone that will canse her to grow and flonrish. Manutactories wherein wood is used conld be made a source of protit. The best of timber is near at hand; and flocks of sheep suggest a woolen mill. Every article of wool conld be manufactured cheaply, and competitive treighting facilities and competitive markets, there is nothing to prevent success and handsome profits. The stave and heading factory which adds such wonderful progress to the town of Pattonsburg, should have its counterpart here. There are many other industries which could be engaged in that would not only pay a profit te the originator, but would add to the population and business of the town, Now is the time to start these things that not only build up a town but sustain her. Now is the accepted time - a few years hence it may be too late. Gallatin to-day is the metropolis of Daviess county, but will she be able to say this ten years henee, or even tive, it indolence and supineness characterizes the actions of her citizens? There are other towns in the county and aspirit of rivalry has taken possession of them. Still, Gallatin has nothing to fear, if the wheels of progress are driven forward and not allowed to sink in the mire or rnt of sloth and indolence, but if this shall be so, then will Jameson be buoyed up with a hope, born not so much of her own energies, as the want of progress on the part of her neighbor.

The scepter of supremacy is held by the Gallatians, let them see that it is not wrested from them by a more wide awake and energetic people. Let the people of Gallatin put their shoulders to the wheel of the car of progress and soon will be heard the buzz and whirr of machinery, making music from early dawn till dewy eve. This is what builds a town and makes a people prosperous and happy.

Nearly every line in the mercantile business has its representative in Gallatin. The fonring mill with three run of stone, has been added the present year, and was a long felt want that lias now happily been filled. The wagon factory has proven a suecess. There is enough in this to shuw the value of sueh works. and the more there are of them the better. A furniture fietory, a stave and heading factory, an ax-handle factory, and a woolen mill wonld double the population of Gallatin. it wonld seem that they were worth working for, Let the good work be continued and carried forward and a future crowned with suecess will become an accomplished reality.

The Thle Secure

The ground upon which Gallatin stands was preémpted by Philip Covington - that is, the northwest quarter of section twenty, township number fitty-nine, of range number twenty-seven. The patent from the United States to Mr. Covington of this quarter section has never been recorded, but the plat of original entries show that Philip Covington entered the above quarter section February 10, 1838. While the county took possession, and Mr. Covington himself sold the first lots surveyed, he had never quitclaimed his interest, and owing to some disagreement between him and the county, the latter at one time declared he would contest his claim to the property. It was not until June, 1569, that the county secured this quit- élaimn deed and became absolute owner of the property, without danger of a lawsuit. In the month above stated Philip Covington and his wife, Louisa, executed the long-delayed and anxiously-wished for quit-claim deed to the county of Daviess. At the time Mr. Covington was a resident of Caldwell county. The deed was received and placed upon the records, and the following is a true copy of the same:

The Deed

"This indenture, made on this twenty-third day of June, a. D., one thousand, eight hundred and sixty-nine, by and between Philip Covington and Louisa F. Covington, of the county of Caldwell, and State of Missouri, parties of the first part, and the county of Daviess, in the State of Missouri, to the use of Gallatin, the county seat of the said county of Daviess, party of the second part, witnesseth that the said parties of the first part, in eonsideration of the sum of one dollar, to them paid by the said party of the second part, the receipt of which is hereby acknowledged, du, by these presents, remise, release and forever quit-claim unto the said party of the second part the following deseribed luts, tracts or parcels of land lying, being and situate in the county of Daviess, and State of Missouri: to-wit, all the northwest quarter of seetion twenty, in township fitty-nine, of range twenty-seven, said tract of land having been entered by the said party af the first part for the said party of the second part to the use of the town of Gallatin, the county seat of said county of Daviess, and pever transterred by said party of the first part to the said county of Daviess, to the uae of lie county seat of said county; to have and to old the same. with all the rights, immunities, privileges and appurtenanees thereto belonwing to the said party of the second part, forever; sv that neither the suid party ol the first part, nor his heirs, nor any other person or persons, for him or in his name or behalf, shall, or will hereatier, claim or demand any right or title to the aforesaid premises, or any part thereof, but they and every one of them shall, by these presents, le excluded and forever barred. "In witness whereof the said parties of the first part lave hereunto set

The town of Gallatin was platted before even the patent wis issued. Medders Vanderpool surveyed the town and laid off the blocks and lots in December, 1837, and the first sale of lots touk place Janunary $, 1888. The plat was upon a seale of one lndred feet to the thirty-seven one-lundredths of an inch. Main and Grand streets were to be eighty feet wide each, and all others were to be sixty feet wide, Lots lying north and sonth lad a front of sixty feet and a depth of one Jinndred and thirty; the lots lying cast and west a frontage of forty-six and two-thirds feet and a depth of one hundred and fifteen feet. The town was laid out ar right angles, September 13, 1837, platted as above stated and Jots sold. but the commissioners who located it never made their report until September of 1830, The first house was erected by Jacob Stollings, and the first cabin fora drain-shop Ly George W. Worthington, of the firm of Worthington & MekKimey, of Millport. Some elaim that Worthington got lis cabin up first. Stollings's house stood where Etter's brick store now stands, and Worthington's near by. These, with the other buildings, were barned by the Mormons, and Stollings resumed business in the old log cabin that is now nearly rotted down and stands near Judge Samuel A. Richardson's stable.

Jolin A. Williams started the first grocery store, and lis license is dated the 7th of April, 1837. John Wright opened the tirst general store, his license being dated the Sth of April. One mouth after that Thomas W. Jacobs secured a license and opened a dry goods palace, and Jesse Adamson took out a license the same day fora grocery store, and proposed to rival the wet and dry grocery establishment of Jolin A, Williams, Compton &

Morin, also, opened a general store in May; and the finest residences in town were those of Ira Norris and Philip Covington, while out in the suburbs was the two-story residence of Elisha B. Creekmore. Both of these stories were completed with a ground floor. People in those days having plenty of ground, built each story with an earth foundation, instead of one story on top of the other and reaching toward heaven. Lewis J. Dodd opened the first "tavern," and it stood where Judge MeDongal's office now stands,

In ISH Stollings & Peck opened the Mansion House in Gallatin, and received their license in June. Gallatin began to think of becoming a body politic, with corporate powers, and it was so decided after it had] been located some fourteen years. In February, 1851, Gallatin was first incorporated, and the first board of trustees appointed by the County Court was composed of the following names: Thomas T. Frame, Joseph L. Wilson, Alfred L, Barnett, George W. Brosins and Robert Wilson, Just what caused this corporation to come to grief and lapse back is not of record, but the first board of trustees seemed to have been the last, and Gallatin slept.

In 1854 there appeared to have been another attempt at resurrection, and a committee waited upon the County Court with another petition to be an incorporated town. Now, if there was any one thing that the County Court of Daviess county stands upon record for, it is their accommodating disposition. They changed the boundary lines of townships one session and changed them back the next. They would issue an order that a delinquent collector should settle right up, and the next session would allow him three months; let a contract to build a jail in twelve months, and give the contractor two years and a half and add $179 to his price to help pay him for his delay, ete., ete. It wasn't to be expected that such a small thing as an incorporated town, which unfortunately fell asleep and dozed for three years, would be denied corporate powers when it woke up, and it wasn't. The County Court came promptly forward, and with the most benevolent spirit in the world, and a patience that was truly sublime, listened to a petition presented to incorporate Gallatim once more, and then after listening granted it without a dissenting voice. This time - that is, November 7, 1854 - the following named gentleman were appointed a board of trustees until such time as they should take another nap and the corporate powers again lapse: Dr. John Cravens, Adam Clendenen, James Owings, Henry Whittington and Otis B. Richardson. Whether this lapsed or not, it did not satisfy the people, who got their eyes fairly opened, and they decided after three more years of village life to blossom out as a city, and this came to pass in the year 1557,

Tn the year 1857 Gallatin had a population of about four hundred, and was still the only town within the limits of the county. To be sure, old Pattonsburg began to be heard of; Salem was getting one or two houses together, and Jamesport adopted its name the following year, and must have had fully a score of people at that very time, The ininepse proportions ol Gallatin (covering nearly a section of Jand), with her four luandred population, seemed to require something besides a village government, and as an embryo city was there, it seemed only a loss of time to wait, The robes of state were enticing; to have a mayor and council seemed to expand the cor. porate limits, and so a meeting was called, and by a unanimons vote of about seventy if was decided to petition the legislature for the proud title of the "City of Gallatin." The petition to the General Assemlly was a success, for the following charter is fuund of record: - :

Incorporated

"Secrion 1. That all that district of country contained within the limits of the town of Gallatin, according to the survey and plats of the same, recorded and unrecorded in the office of the recorder of Daviess county, shall be, and is hereby incorporated, erected and established as a city by the name of the City of Gallatin, and the inhabitants thereof shall be, and are hereby constituted, a body politie and corporate by the name and style of the City of Gallatin, and by that name shall be known in law, have perpetual sueeession, sue and be sued, implead and be impleaded, detend and Le defended, in all courts of law and equity having competent jurisdiction, and in all actions and matters whatsoever; imay grant, lease, purchase, receive and hold property, real and personal, within said city, and no other (a burial ground excepted), and do al! other acts as natural persons; may have a coimmon seal, and may change and alter the same at pleasure,

"Section 2. The corporate powers and duties of said city shall be vested in a mayor and four aldermen, and such other officers as are hereinafter named.

"Srcrion 8. The mayor of the city shall be chosen by the qualified voters of said city; shall hold his office for the term of one year, and until his suecessor is elected and qualified, and shall be at the time of his election at least twenty-five years of age and a citizen of the United States; shall have resided in the town or city at least one year preceding his election, and shall be a householder in said city.

"Srcrion 4. The mayor and councilmen shall constitute « city council, of whieh the mayor shall be ex officio president, but he shall not vote, except in ease of atic. The councilmen, at the first meeting atter their clection, shall choose trom their number a president pro tempore, who shall hold his oftice until the next election of city officers, and who sball preside at the meetings of the city council in the absence of the mayor.

" Sxorton 5. The city council shal] appoint a clerk, who shall keep a faithful record of their proceedings, and preserve in his official records public

460 HISTORY OF DAVIESS COUNTYpapers and documents belonging to the eity, and perform such other duties as the eouncil by ordinance may prescribe.

" Sxcrion 6. The city council shall fix and regulate the time and place of holding their meetings, and the 1ayor, or in his absence the president pro tempore, may call a ineeting at any time.

"Spetion 7, The style of the laws of said corporation shall be, ' Be it ordained by the couneil of the City of Gallatin, and all ordinances passed by said council shall. be signed by the mayor and countersigned by the clerk, and published for the information of the inhabitants in such manner as the council may direet, and, trom time to time, distribute in such manner as the council may prescribe.

"Srerion 8. A majority of the members of the council shall constitute a quorum to do business, and they shall have power by ordinance to levy and collect, not exceeding one dollar in any oue year, on all white male inhabitants of the city over the age of twenty-one years; to levy and collect taxes on all real and persunal property within the city, not exceeding one-half of one per cent on the assessed value thereot: Provided, That no tax shall be levied on the wearing apparel or necessary tools or implements of any person carrying on his trade, or the necessary books of any person used by him in his profession, nor shall the same be seized or sold for taxes.

"Skorton 9. The couneil shall have power, by ordinance, to prevent and remove nuisances, to prevent, restrain and suppress bawdy houses, gambling houses, and all other disorderly houses whatever, within the limits of said eity; to restrain and prohibit gambling; to tax, license and regulate dramshops and tippling-houses, circuses, shows, theatricals and other amusements within said city; to restrain and prevent the meeting of slaves; to prevent the firing of guns, or any explosive compounds, and to prevent and prohibit the furious riding of any horse or other animal in said city, or any part thereof, as they may think proper; to establish night watches and patrols; to open, clean, regulate, graduate, pave or improve the streets and alleys of said city; to impuse and appropriate fines, forfeitures and penalties for the breach of their ordinances, and to pass such other ordinances for the police of said town as they shall deem necessary, not repugnant to the laws of this State.

"Srerron 10, The conneil shall have power to punish by fine not exceeding S100, or by imprisonment, any person or persons who shall willfully disturb the peace of the city by lond and offensive or indecent language, or by threatening, quarreling or fighting. or any person who shall be tound intoxicated in the streets; and they may cause any person who shall commit any of the offenses mentioned in this section, after sunset, to be imprisoned until the next day; and if the next day shall be Sunday, until the next Monday, when such person shall he bronght to trial.

streets, and prescribe Lis duties, and to cause all able-bodied inhabitants of said town, between the age of sixteen and fifty years, to work on the streets any number of days not exceeding ten in each year,

"Secrion 12. The council shall have power to cause the owners, or oceupiers of real estate, to pave and repair the sidewalks adjacent to the property which they may own or occupy; and if any such owner or occupier shall fail to pave or repair the same, as required by ordinance, the council may cause the same to be done, and may recover the full expense thereot' from such owner or occupier thereol, by action of debt in name of the corporation; and if any tenant be required to pave or repair the sidewalk adjacent to the property occupied by him, the expenses or cost thereof shall bea good set off against so much of the rent due the owner; but no tenant shall be required to expend more than the rent for the term which he ocenpied the property. If any owner of real estate, not a resident of the city, fails to pave or repair a sidewalk as aforesaid, the council may eanse such real estate, or so much thereof as may be necessary, to be sold to detray the expenses of such improvement.

"Section 13. The conneil shall have power, by ordinanee, to regulate the collection of taxes, and they may authorize the colleetor of said city to seize and sell the property of the person liable for the tax in the same manner as property is or may he required to be seized and soll under exeention, issued upon a judgement at law, and no property shall Le exempt from seizure and sale for taxes due said city, except such as is specilied ina previous section of this article.

"Srorron 14. The council shall have power tu appoint a treasurer and ns may be necessary, and not herein otherattorney, and such other officers wise provided for; preseribe their duties, tix their compensations, and remove them from othee whenever they deem it proper and necessary. They shall also have the power te appoiuta constable of sail city, who shall be ex officio collector, wid shall hold his office for the term of one year, until his successor is appointed and qualified; such constable shall le a resident of said city at the time of his appointnient and during his continuance in said ottice; said constable shall possess the same powers and perform the same duties within the limits of suid city, as constables possess and perform in their respective townships, and he shall exeeute and return all process, warrants and subpoenas anywhere within the limits of Daviess eounts, for offenses committed within the Jimits of the corporation, and shall perform such other duties as the council, by ordinance, may preseribe, und he shall be entitled to the same fees as sheriffs and constables have a right to demand for similar services.

council are strictly enforced. He shall have power to remit fines and forfeitures, and grant reprieves and pardons in any case arising under the city ordinances; and ten days before the general election of city officers he shall cause to Le made out a correet statement of all moneys received and expended on account or said city for the preceding year, and shall cause the sae to be published in some newspaper in said city, if there be any, if not, to be put up in four publie places in the eity, and he shall also cause public notice to be given of the time and place of holding each election for town officers, by posting four written handbills at four of the most publie places in said city, at least twenty davs before such election, and 'in case of a vacancy in the oftice of mayor, or his inability to discharge the duties aforesaid, the same shall devolve upon the president pro tempore.

"Sretion 16. The mayor shall have, within the limits of the town, all the powers and jurisdiction vested in justices uf the peace, in civil and criminal cases, and shall perform and exercise all the powers and duties devolying on justices of the peace in similar matters and in like manner, and he shall be entitled to similar fees, and appeals may be taken from his judgmeuts and decisions to the Cireuit Court in like manner as in justices' courts. The mayor shall have jurisdiction in all cases arising under this act, and under all ordinances made in conformance with it, He may issue his warrants and cause to be apprehended and brought to summary trial, any person accused of violating any of the city ordinances; he shall grant the accused the right to he tried by six competent jurors, who, if they tind him guilty, shall assess his fine according to the ordinances, and if any person fined as afvresaid, refuse to pay such fine, the mayor may send him to the county jail fora period not exeeeding ten days. Fines, penalties and forfeitures may be recovered by an action of debt in the mayor's court, or any other court of competent jurisdiction.

"Sretion 17. The council shail have power to appoint an assessor for said city, who shall hold his office for one year, and until his successor is appointed and qualified, and they shall prescribe his duties and fix his compensation by ordinance.

"Srorion 18. All vacancies in the office of mayor or councilmen shall be filled by a special election, to be ordered by the mayor, the president pro tempore, or some one of the council.

"Section 19. The general election of city officers shall be held on the first Monday of April of every year, but in case of a failure to elect on that day, the council shall cause the election to he held on some other day; the council shall appoint judges of the city election, and by ordinance prescribe their duties and the manner of conducting such elections, and make returns thereof; and if on the day appointed for holding any election, the judges, or any of them, fail to attend, the electors may appoint a judge or judges to hold such election.

_ "Srotron 20. The mayor, councilmen, judges of election and all other officers of said city, shall, before entering wpon the duties of their respective offices, take an oath or affirmation to support the Constitution of the United States and faithfully demean themselves in office.

"Srorton 21. If at any time an addition to said town shall be laid off, the council shali have power to extend over it all the laws and ordinances of the city; and such addition, from the time it is recorded, shall become to all intents and purposes a part and parcel of said town.

"Section 23. This act is to be a publie act, and may be read in evidence in all courts of law and equity in this State, without further proof or pleading.

"Seorron 23. The provisions of this act shall take effect froin and after its passage; and it shall be the duty of the County Court of the county of Daviess to cause notice to be given of the time and place of holding the first election (on the first Monday in May, 1858) for mayor and councilmen of said city, and to appoint judges of said election.

"Srotron 24. All citizens residing within the corporation shall be exempt from working on any road or roads beyond the limits of said corporation, or from the payment of any tax or fines in relation to the same.

"Sporion 25. The council shall have power, at any time, to extend the limits of the corporation, so as to include all citizens now residing, or that may hereafter reside, outside of the present limits and contiguous to said town, with the consent and upon application of said citizens: Provided, That said limits shall not, under this act of incorporation, extend and be more than one mile square.

"Srerron 26. This act to take effect and be in foree from and after the first day of May, a. p. 1858, and all acts and parts of acts inconsistent with this act are hereby repealed.

Assuming The Robes

On the reception of the news that an act had passed making Gallatin a city, there was general rejoicing, and many anxious hearts began to swell up in anticipation of the time that they would be called "His Honor, the Mayor," or belong to the council, and be known as one of the city fathers, with all the rights and privileges belonging or appertaining to the dignity of said oftice. The election to come off in May following was anxiously looked for.

Town Officers

named gentlemen: Baalis Davis, George W. Brosins, James M. Doling and Charles M. Scott. This board appointed, as subordinate officers, John W.

The records show that this board (the original board appointed in 1854 holding until this board was elected), with the usual resignations and appointments, remained in office until the election in May, 1858, of a mayor and city council, under the provisions of the act of incorporation passed by the General Assembly of the State of Missouri, approved November 21,. 1857, and found in the preceding pages.

The first election under the new incorporation for mayor and city council of Gallatin took place on Monday, May 3d, 1858. The judges of the eleetion were Baalis Davis, Francis H. Buehols and Thomas J. Osborn. The following were elected city officers: William M. Givens, mayor; J. H. Me- Gee, S. T. Hill, John Ballinger, and TIenry W. Lile, city council. The council appointed William M. Sheets, clerk; William T. Osborn, treasurer; and C, A. Witt, marshal and collector. ;

The following year, in April, 1861, there was another election, which resulted as follows: William M. Givens, mayor; J. H. MeGee, 8. T. Hill, Willis Threlkeld, and James Owens, city council. They appointed E. W. Lenderson, clerk; C. C. Hogan, treasurer; John Ballinger, marshal and collector; and 8. A. Richardson, attorney.

These persons were in office at the opening of the Civil War, and probably remained, as there were no further elections until the war eeased. But there was little use for civil officers, as the military controlled the town and country.

Petition

There was no attempt to carry out a city government under civil law until November, 1866, when the following petition was received by the County Court and duly granted: -

" Now at this day comes Joseph H. McGee and (101) one hundred and one others, resident taxpayers of the town of Gallatin, and presents a petition praying for the incorporation of said town of Gallatin, setting forth the metes and bounds of said town, and the court being satisfied that said petition contains the names of at least two-thirds of the taxable inhabitants of said town of Gallatin, and that said petition is reasonable.

"Tt is, therefore, ordered by the court that said town of Gallatin be and the same is hereby incorporated with the metes and bounds as follows; towit, Commencing at the northeast corner of the southeast quarter of the southeast quarter of section No, (17) seventeen, in township No. (59) fiftynine, of range No, (27) twenty-seven; thence west on said quarter section line to the northwest corner of the southeast quarter of section No. (18) eighteen, township and range aforesaid; thence south on said quarter sec tion line to the southeast corner of the east half of the northeast quarter of section No, (19) nineteen of said township and range; thenve west on said half mile line one hundred fect; thence south one-quarter mile to the quarter mile line dividing the south half of said section No. (19) nineteen; thence east on said quarter mile line to the southeast corner of the northwest quarter of the southeast quarter of section No. (20) twenty, township and range aforesaid; thence north on said quarter mile line to the place of beginning. In accordance with the statutes in such eases made and provided, and that said corporation have all the powers delegated to it, which may be legally done in accordance with said statutes.

" And it is further ordered that Joab Woodrafl, Joseph 11. MeGee, Samuel A. Richardson, D. Lem. Kost and John Ballinger, be and they are hereby appointed trustees for said town, tu hold their offices until the next genor

Wanted Civil Government

There was nothing specially done by the people after receiving this act of incorporation until the next summer, when a new board of trustees were elected July 30, 1867, but there is no one to tell who composed that board, there is no record of it, neither is there any account of its proceedings. All seemed to bea blank from the new incorporation in 1866, until July, and then another blank from that time until September 5, 1868. From what follows, it is evident that the citizens believed their power to organize had been lost and that some different way of bridging the difheulty would lave to be resorted to, Notwithstanding the fact that a new act of incorporation had been granted them they went to work wider the enabling act to once more possess themselves of the rights and privileges of an incorporated city. With this purpose in view. the following proceedings were instituted : -

Petition Number Two

"To William C. Gillikan, a notary public. residing within the limits of the City of Gallatin, tn the county of Daviess, in the State of IMissoure:

"The undersigned, qualified voters of the City of Gallatin aforesaid, respectfully represent that, on account of the past troubles in the county, the City of Gallatin has failed to hold its regular elections for city officers under the charter: and that by an act of the General Assembly of the State of Missouri, approved March 26, 1868 (acts of 1868, page 177), any notary public residing within the limits of said city, upon the petition of twenty-five qualified voters of said city, is authorized to order a epecial election to fill all vaeancies in offices elective under the charter of said city: your petitioners would, therefore, respectfully pray that an election be held, by your order, in pursuance of the act aforesaid, for the election of a mayor and five

Election Notior

" Notice is hereby given that, whereas, in aceordanee with an act entitled an act to amend an act entitled 'An act enabling corporated towns and cities to hold special elections to fill vacancies and organize under their charters, approved February 19, 1866, approved March 26,1866, a petition has been presented to the undersigned, a notary public within and for the county of Daviess, and a resident of the City ot Gallatin, signed by at least twentyfive of the qualified voters of said City of Gallatin, asking that a special election be held within the corporate limits of said City of Gallatin to fill vacancies and organize under the charter of said City of Gallatin, It is, therefore, ordered that a special election be held at the court-house, in said City of Gallatin, on the 12th day of September, 1868, for the election of & mayor and four councilmen for the said City of Gallatin, to hold their offices until the next general election under the charter of said City of

Gallatin, and until their snecessors are elected and qualified. And it is farther ordered that Jonathan H. Stone, Joab Woodruil and Robert Me- Dow be, and they are hereby appointed, judges of said election, In testimony whereof | have hereunto signed ny name and affixed my seal of office. .

New Officers

With these proceedings completed, the next move was the election of city officers, which was acconiplished the next week, and at whieh time was eonimenced the conduet of a regular city government, which has been continned without any further break in its municipal organization. The election prayed for took place April 12, 1868, and gave the city the following officials: D. Hartield Davis, mayor; Joab Woodrutt, Robert TL Grantham, Benton Miller, and James H. Vance, members of the council. H.C. Me- Dongal was appointed clerk; Thomas R. Shaw, treasurer; Thomas Clingan, assessor; A. M. Lewin, constable and collector: Jolin Ballinger, street commissioner: and James L. Davis, city attorney.

The election in 1869 resulted in the choice of D. [artield Davis for mayor, and Robert H. Grantham, Benton Miller, Thomas J, Osborn and John Ballinger tor conncilmen. At the first session the council appointed H. CG. MeDongal, elerk; Thomas R. Shaw, treasurer; Thomas Clingan, assessor; A. M. Irwin, constuble and collector: James L. Davis, city attorney; and 8. T. Hill, street commissioner.

Before another cleetion was held a new charter for the City of Gallatin was pissed] by the General Assembly in session, and was approved Pebruary 23,1870. The officers elected on the first Tuesday of April, Isv0, were elected under the provisions of the new charter, There is also added here the amendinent passed January 27, 1873.

Article

"Skerron 1. All that district of country lying and being in the county of Daviess and embraced within the following description: Commencing at the northeast corner of the northwest quarter of section twenty (20), township fifty-nine (59), of range twenty-seven (27), thence north forty rods, thence west 160 rods, thence south forty rods, thence west eighty ruds, thenee south 160 rods, thence east eighty rods, thence south forty roils, thence east

200 rods, thence north 200 rods, thence west forty rods to the place of beginning, is hereby declared to be within the corporate limits of the City of Gallatin.

" Sec. 2. That the inhabitants of said City of Gallatin be and they are hereby constituted a body politic and corporate, by the name and style of the city of Gallatin, and by that name shall have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure,

"Seo. 3. The inhabitants of said City of Gallatin, by the name and style aforesaid shall have power to sue and be sued, to implead and be impleaded, defend and be defended against, in all courts of law and equity, and in all actions whatever to purchase, receive and hold property, both real and personal beyond the city, for burial grounds or for other public purposes, for the use of the inhabitants of said city, to sell, lease, convey or dispose of property real or personal, for the benetit of the city, and to improve and protect such property, and to do all such things in relation thereto as natural persous.

"Seo. 4. Whenever any tract of land adjoining the said City of Gallatin shall have been laid off into town lots, and duly recorded, as required by law, the same shall be annexed to and form a part of the said City of Gallatin,

"Srotton 1. The corporate powers and duties of said city shall be vested ina mavor and four councilmen, and such other officers as are hereinafter nanied,

"See. 2. The mayor and councilmen shall constitute a city council, of which the mayor shall be ea effete president, but he shall not vote, exeept in case of a tie.

"See. 3. No person shall be a councilman, unless at the time of his election he shall have resided twelve months next preceding his election within the limits of the said city, and shall be at the time of his election twenty-one years of age, a citizen of the United States, and a qualified voter of the State of Missouri.

"See. 4. The councilmen, at their first meeting after their election, shall choose from their number a president pro tempore, who shall hold his office until the next election of city officers, and who shall preside at the meetings of the council in the absence of the mayor.

"Seo. 5. The style of the laws of said corporation shall be: " Be it ordained by the council of the City of Gallatin," and all ordinances passed by said council shall be signed by the mayor and countersigned by the elerk, and ;published for the information of the inhabitants of said city, in such manner as the council may preseribe.

good, divide said City of Gallatin in two or more wards, as nearly equal in population as practical, particularly deseribing the boundaries of each.

"Ske. 7. The council shall appoint a clerk, who shall keep a faithtal reeord of their proceedings, and preserve in his office all reeords, public papers and documents belonging to the city, and perform such other duties as the council by ordinance may preseribe.

"Sec. 8. The council shall fix and regulate the time and place of holding their meetings, and the mayor, or in his absence the president pro tempore, may call a meeting at any time.

"Sec. 9 The council shall judge of the qualifieations, elections and returns of their own members, and shall determine all contested elections.

"See. 10. A majority of the city couneil shall constitute a quorum to 'do business, but a stpaller number may adjourn from day to day, and compel the attendance of absent members, under such penalties as may be pre- -seribed by ordinance,

"See. 11. In ease a vacaney shall at any time oceur in the eity council, by death, resignation, or removal from office of any councilman. or otherwise, the mayor shall forthwith issue his proclamation ordering an election to be held on a day, to be specified in said proclamation, not exceeding ten days after the date thereof, tor the purpose of filling such vacaney which said election shall be conducted, and the returns thereof made, in the same manner as is herein provided for, at any regular election for councilmen,

"See. 12. The mayor and each eounciltuan, before entering npon the duties of his office, shall take and subscribe on oath that they will support the Constitution of the United States and of this State, and that they will well and truly perform the duties of their offices to the best of their skill and abilities.

"Sere. 13. Whenever there shall be a tie in the election of couneilmen, the judges of election shall certify the same to the mayor, who shall determine the same by lot in such manner as shall be provided by ordinance.

"Secrion 1. The mayor of the city shall be chosen by the qualitied voters of said citv. He shall hold his office for the term of one year, and until his snecessor is elected and qualitied.

"Sec. 2. No person shall be eligible to the office of mayor who shall not have been a resident of the city for at least one year preceding his election, or who shall be under twenty-five years of age, and who shall not at the time ot' his election be a eitizen of the United States, and a honseholder in said city.

"Sec. 3. When two or more persons shall have an equal uuinber of yotes for mayor, the judges of the cleetivn shall certify the same to the eity

"Src. 4. Whenever an election of mayor shall be contested, the city council shall determine the same in such manner as may be prescribed by ordinance.

"Spo. 5. Whenever any vacaney shall happen in the offiee of mayor, by death, resignation, removal or absence from the city, removal from office, refusal to quality, or otherwise, it shall be the duty of the president pro tempore, or some one of the council, to order a special election to fill the same, in the same mannerand with like effect as is provided for in case of a yaeaney oeeurring in the city council, in article second, section ten, of this: charter.

"Srcrron 1. The general election for city officers shall be held on the first Tnesday in April in every year; but in case of a failure to elect on that day, the council shall cause the election to be held on some other day.

"Sec. 2. The council shall appoint judges of the city eleetion, and by ordinance prescribe their duties and the manner of conducting such eleetious and making returns thereof, and if, on the day appointed for hoiding any election, the judges, or any of them, fail to attend, the electors may appoint a judge or judges to hold such election.

"Sree. 3. The mayor, councilmen, judges of election, and all thes officers of said city, shall, before entering upon the duties of their respective offices, take an oath, or affirmation to support the Constitution of the United States and of this State, and faithfully demean themselves in office.

"Sec. 4. All officers eleeted or appointed by virtue of this charter shall hold their offices nntil their successors shall be duly elected or appointed and qualified according to law, and the provisions of any ordinance touching such election or appointments and qualifications, unless sooner removed in sueh manner and for such offenses as may be prescribed by ordinance,

Article V.--Legislative Powers Of The City Council

"Srerron 1. The city council shall have power and authority to levy and collect taxes npou all property, real and personal, within the limits of the city, not exceeding one half of one per cent upon the assessed value thereof, and may enforce the payment of the same in any manner to be preseribed by ordinance not repugnant to the Constitution of the United States and of this State.

"See, 2. The city conneil shall have the power to levy and collect a poll tax on all able-bodied male persons residing in the city, over the age of twenty-one and under the age of tifty.

"SEo. 3. The city council shall have the power to appoint a clerk, treasurer, city attorney, city marshal, assessor, supervisor of streets, and all such other officers as may be necessary and not otherwise provided for, prescribe their duties, tix their compensation, and remove them from oflice, whenever they may deem it proper and necessary.

"See. 4. The city council shall have power to require of all officers appointed in pursuance of this charter, to give bond with penalty and security, and also to require all officers, as aforesaid to take an oath for the taithful performance of the duties of their respective offices,

"Sree. 5. The city council shall have power to borrow money on the credit of the city: Provided, that no sum or sums of money shall be borrowed at a greater interest than ten per cent per annum, nor shall the interest on the aggregate of all the sums borrowed and outstanding, ever exceed one-half of the city revenue arising from taxes on real pri perty, within the limits of the corporation.

"Ske. 7. The "city council shall have power to make regulations to secure the general health of the inhabitants of the eity, to prevent the introduction of contagious diseases therein, and to declare what shall he a mnisance, and prevent and remove the same.

"Src. 8 The city council shall lave power to open, alter, abolish, widen, extend, establish, grade, curb and pave the streets and sidewalks of said city, or otherwise improve and keep them in repair,

Sec. 9 The city eouneil shall have power, by ordinance, to levy and collect a special tax on the owner er eccupier of the lot or lots on any street, lane, avenue or alley, within said city, for the purpose of grading, curbing, paving and repairing the sidewalks in front of their respective lots, and keeping the said sidewalks in repair.

"Sec. 10. And if such owner or ceenpier shall fail to grade, eurb, pave or repair said sidewalks, as required by ordinance, the council may cause the same to be done, and may recover the full expenses thereot trom such owner or occupier thereof, by an action of debt in the name of the City of Gallatin.

"Sec. 11. If any tenant shall be required to grade, curb, pave or repair the sidewalks, in front of the property occupied by him, the expenses or cost thereof shall be a good and legal set off against so much of the rent due the owner, but no tenant shall be required to expend more for the purpose aforesaid than the rent for the term for which he oceupies the property.

"See. 12. If any person who is a non-resident of said city, fails to grade, curb, pave or repair said sidewalks, when required, as aforesaid, the city council may cause such lot or lots to be sold, to defray the expenses of

"Sre. 13. The council shall have power to establish, erect, and keep in repair, bridges, to erect market-houses, to establish markets and market places, and provide for the government and regulation thereof.

"Src, 15. To provide for inclosing, improving and regulating all public grounds within the city, and for the punishment of persons for injuries or 'damages done to trees, buildings, springs or other improvements thereof, and also for the erection of all needful buildings for the use of said city.

"Src, 19. To prevent and punish the firing of firearms within the limits of the city, to prevent and punish the galloping and furious riding or driving of horses or mules within the corporate limits of the city, and also to prevent and punish all fighting, quarreling, Sabbath breaking, drunkenness, Indecent, profane or obstreperous language within the limits of the corporation,

"Src. 20, To provide for the extinguishment of fires, and to organize and establish fire companies, to regulate the fixing of chimneys and the flues thereof, to regulate the storage of gunpowder and other combustible materials, to provide for the inspection and weighing of hay and stone coal, the measuring of charcoal, firewood and other fuel, and to regulate the size of bricks to be sold or used within the city.

"Sec. 21, To provide for the election of city officers, and for the removing from oflice any person holding an office created by ordinance, to fix the compensation of all city officers, and regulate the fees of jurors, witnesses and others for services rendered under this act or any ordinance.

"Src. 22. To regulate the police of the city, to impose fines, forfeitures and penalties, for the breach of an y ordinance, not to exceed the sum of $500, and provide for the recovery and appropriation of such fines and forfeitures, and the enforcement of such penalties, and in default of payment thereof, to provide for imprisonment in the county jail, not to exceed one month, or at labor on the streets, or both.

which shall be necessary and proper for carrying into exeention the powers specified in this act, so that such ordinances be not repugnant to, nor ineonsistent with the Constitution of the United States or of' this State,

Article Vi. The Mayor, His Powers And Duties

"Sererton 1. The mayor shall be a conservator of the peace within the limits of said city, and it shall be his duty to see that all ordinances of the council are strictly entorced.

"Seo. 3. He shall, ten days before the general election of city officers, cause to be made out a correct statement of all moneys received and expended on aceount of said city for the preceding year, and shall cause the same to be published in some newspaper printed in the city,

"Seco. 4. He shall also cause public notice to be given of the time and place of holding each election for city officers by publication in some newspaper printed in the city, at least twenty days betore such election is to be held.

"Sec. 5. Tle shall have, within the limits of the corporation, all the powers and jurisdiction vested in justices of the peace, in civil and eriminal eases, and shall perform and execute all the powers and duties devolving npon justices of the peace in similar matters and in like manner, and shall be entitled to recover the same fees for his services.

®Sxe. 6. Appeals may be taken from his judgments and decisions to the Common Pleas or Circuit Court of Daviess county in like manner, as from justices' courts.

"So, §. He may issue his warrant, cause to be apprehended and brought before him for summary trial, any person accused of violating any city ordinance.

"Sec. 9. Theacensed shall have the right to be tried by six compe tent jurors, who, if they fiud him guilty, shall assess his tine according to the ordinance.

"Spo. 10. If any person fined as aforesaid, shall refuse to pay such fine, the mayor may commit bim to the county jail fora period not exceeding one month, or may order him to be pat at labor on the streets of the corporation for a period not exceeding twenty days, or both.

"Seo. 11. Fines, penalties and forfeitures may be recovered in the summary wanner aforesaid, or they may be recovered by an action of debt in the mayor's conrt, or any other court of competent jarisdiction.

«Spo. 12. The mayor is hereby authorized to call on any male inhiabitant of the city, over the age of eighteen years, to aid in the enforcing of

"Sro. 13. In ease of a vacaney in the office of mayor, or his inability to discharge the duties atoresaid, the same shali devolve upon the president pro tempore until such time as the vacaney therein shall have been tilled by an election as herein prescribed.

"Seetron 1, The city marshal of the City of Gallatin, when duly appointed and qualified, shall lave power to execute all writs or other process issued by the mayor, and serve criminal processes, warrants and subpcenas anywhere within the limits of Daviess county for offenses committed within the limits of the corporation, and shall have the same fees therefor as constables of townships.

"Sec. 2. Te shall be a conservator of the peace, shall be vigilant and active in the suppression of riots, routs and disorderly conduct in the city, and for this purpose may arrest suspicious or disorderly persons and take them before the mayor for trial or examination without process.

"Sre. 3. He shall have power to commit persons to the work-house or county jail, or other place of safe-keeping until trial or examination can be had, and shall do and perform all duties which may be enjoined on him by ordinance or resolution of the city council.

"Sre. 4. He shall have power to collect all fines, forfeitures and penalties which may acerue to the said city, not otherwise provided for by ordinance; and in the performance of any duty enjoined on him by ordinance or resolution of the city council, he shall be invested with such power as shall be eonferred upon township constables by the laws of the State.

"Sno. 5. He shall, by virtue of his oftice, be collector of the taxes and revenne within the eity, and shall give such bond and security for the performance of his duties as marshal as may be prescribed by ordinance.

"Srcrton 1. When it shall be necessary to take private property for opening, widening or altering any public street, lane, avenue, or alley, the corporation shall make a just compensation therefor to the person whose property is so taken, and if the amount of such compensation cannot be agreed on, the mayor shall cause the same to be assessed by a jury of six disinterested freeholders of the city.

"Se. 2. When the owners of all the property on the street, lane, or alley proposed to be opened, widened, or altered, shall petition therefor, the city council may open, widen, or alter such street, lane, avenue or alley, upon conditions, to be presented by ordinance; but no compensation shall, in sach case, be made to those whose property shall be taken tor the opening, widen- ing, or aitering such street, lane, avenue or alley, nur shall there be any assessment of benefit or damage that inay accrue thereby to any of the petitioners.