Washington Township (part 1 of 3)

Washington Township

Washington Township

Baptist Church 20S-210

Chapter Xviii

FOUNDED IN 18B4 - SECOND OLDEST IN THE STATE - EARLY MEETINGS - QUALIFICATION FOR MEMBERSHIP - OBJECTS - MEMBERSHIP FEE - FIRST OFFICERS - INVENTION AND DISCOVERY INVITED - CIVIL WAR - INTEREST - IN THE. WORLD WAR - "EVERY MAN A VOLUNTEER" - DISTINGUISHED SERVICESERVICE AT HOME - AUXILIARY DEFENSE COMMITTEE - NECROLOGY OF MEMBERS - DOCAOR ALLEN - PRESENT OFFICERS 223-230

Chapter Xix Road Building

NEED OF GOOD ROADS - MOVEMENT IN CLAY COUNTY IN 1916 - $1,250,000.00 BONDS VOTED - WORK DELAYED BY WORLD WAR - COL. E. M. STAYTON IN CHARGE - WORK ACCOMPLISHED AND IN PROGRESS - HOW THE FEDERAL GOVERNMENT AND STATE COOPERATES IN GOOD ROADS BUILDING 231-236

Alexander Doniphan Chapter

OBJECT - ORGANIZED IN 1909 - COU ALEXANDER DONIPHAN - ACTIVITIES - MEMBERS HONORED BY STATE ORGANIZATION - WORLD WAR WORK - ACTIVE RESIDENT MEMBERS^NON-RESIDENT MEMBERS - TRANSFERRED TO OTHER CHAPTERS - WITHDRAWN - DECEASED 237-242

Chapter Xxi The Press

"THE PAR WEST" FOXWDED IN 1836 - 'THE WESTERN JOURNAL" - "THH LIBERTY BANNER" - "THE WESTERN PIONEER" - "THE DEMOCRATIC PLATFORM" - "CLAY COUNTY FLAG" - "LIBERTY WEEKLY UNION" - "THE CLAY COUNTY DEMOCRAT" - "RICHFIELD MONITOR" - "THE SENTINEL" - "THE KEARNEY CLIPPER" - "THE LIBERTY TRIBUNE ' - "THE LIBERTY ADVANCE" - "THE EXCELSIOR DAILY CALL" - "EXCELSIOR SPRINGS STANDARD" - "CHRISTIAN UNION HERALD" - "CLAY COUNTY DEMOCRAT" - "CLAY COUNTY RUSTLER" - "CLAY COUNTY NEWS" 243-244

Chapter Xxii The Mormons

MORMON INFLUX TO JACKSON COUNTY IN 1832 - TROUBLE IN JACKSON COUNTYTOOK REFUGE IN CLAY AND OTHER COUNTIES- HOSTILITIES AGAINST MORMONS - MORMONS ARMED - FORCES CONCENTRATED AT FAR WEST - STATE MILITIA CALLED OUT - GENERAL DONIPHAN IN COMMAND^ - MORMONS SURRENDER - JOE SMITH .-YND OTHER LEADERS INDICTED - IN JAIL AT LIBERTY - LEADERS SAVED BY' DONIPHAN - GOVERNOR BOGGS MURDERED - MORMONS REMAIN AWAY FROM STATE FOR FIFTY' YEARS - AT INDEPENDENCE.

Chapter Xxiii The James Boys

NATIVES OF THIS COUNTY - FATHER, REV. ROBERT JAMES, DIED IN CALIFORNIA - MOTHER'S SUBSEQUENT MARRIAGES - FRANK JOINS CONFEDERATE ARMYCAPTURED AND PAROLED - AGAIN ARRESTED - ESCAPES AND BECOMES A GUERILLA - RAIDS - MOTHER ARRESTED BY FEDERALS- JESSE "WENT TO THE BUSH" - TWICE WOUNDED - CAREERS OF BRIGANDAGE - PURSUIT KEPT UP BY LOCAL OFFICERS - PINKERTON DETECTIVE AND DANIEL ASKEW KILLED - END OF CAREERS - LITTLE KNOWN IN CLAY COUNTY 249-254

Chapter Xxiv The World War

PKKSIDENT WILSON - AMERICAN PATRIOTISM - SUMMARY OF WAR - PERSONNEL OP LOCAL DRAFT BOARD - ROSTER OP SOLDIERS AND SAILORS FROM CLAT COUNTY-NECROLOGY - HONOR ROLL OF GOLD STARS - AMERICAN EFFORT IN THE WORLD WAR - ACHIEVEMENAS OP AMERICAN TROOPS 255-275

Chapter Xxv

RAPIDITY OF RESPONSE - COUNSEL OF DEFENSE CREATED BY CONGRESS - WAR DECLARED - GOVERNOR GARDNER CALLS MEETING - CLAY COUNTY REPRESENTATIVES - PURPOSE AND DUTIES - MEMBERS 276-278

Chapter Xxvi Defense

WOMAN'S PART IN THE WAR - WOMAN'S DIVISION OF MISSOURI ORGANIZED - REGISTRATION - FAMILY ENROLLMENT - LUNCHEON AT LIBERTY - PROGRAM - FOOD CONSERVATION - CHILD WELFARE WORK - WORK OF TRAINING CAMP ACTIVITIES COMMITTEEJ - WAR SAVINGS AND LIBERTY IX)AN CAMPAIGNS - MISCELLANEOUS ACTIVITIES - TOWNSHIP CHAIRMEN - TOWN CHAIRMEN - COUNTY DEPARTMENTAL CHAIRMEN - FOOD CONSERVATION - CHILD WELFARE - RED CROSS - LIBERTY' LOAN - TRAINING CAMP ACTIVITIES - PATRIOTIC EDUCATION AND AMERICANIZATION - REGISTRATION 279-291

Chapter Xxvii

FIRST WAR FUND DRIVE - ORGANIZATION FORMED IN CLAY COUNTY - OFFICERS OF CLAY COUNTY - CHAIRMEN - WAR FUND AND MEMBERSHIP CAMPAIGNSRECEIPTS AND EXPENDITURES - PRODUCTION DEPARTMENT - CANTEEN WORK - HOME SERVICE SECTION - DOCTORS FROM CLAY COUNTY WITH ARMY AND NAVY - DENTISTS - VETERINARIES - STUDENT DOCTORS - NURSING DEPARTMENT JUNIOR RED CROSS - NEGRO AUXILIARY 292-309

Chapter Xxviii Chapter Xxix

CONVENTION DELEGATES - STATE SENATORS - REPRESENTATIVES - CIRCUIT COURT JUDGES - PROSECUTING ATTORNEYS - JUDGES OF PROBATE - COUNTY COURT JUDGES - COUNTY CLERKS - SHERIFFS - CIRCUIT COURT CLERKSCOLLECTORS OF COUNTY REVENUE - COUNTY ASSESSORS - COUNTY TREASURERS - COUNTY SURVEYORS - RECORDERS OF DEEDS - COUNTY COMMISSIONERS OF PUBLIC SCHOOLS - CORONERS - RESIDENT ATTORNEYS - EARLY LAVl'YERS 328-337

The United States

DISCOVERY BY LA SALLE - FRENCH TERRITORY - CEDED TO SPAIN IN 1762 - BACK TO FRANCE IN 1800- PRESIDENT JEFFERSON OPENS NEGOTIATIONS THROUGH LIVINGSTON AND MADISON - PURCHASED FROM NAPOLEON IN 1803 FOR $15,000.000 - JEFFERSON'S FORESIGHT - "HEADS OF CONSIDERATION" - CONSEQUENCES OF CESSION AND GUARANTEE - FORMAL POSSESSION BY THE UNITED STATES.

The ownership of the territory, known as the Louisiana Purchase, was not asserted until LaSalle, in 1682, took possession of that country, in the name of his sovereign, Louis XIV, King of France, and in whose honor he named the province, Louisiana. That part of Louisiana lying west of the Mississippi river was, in 1762, ceded to Spain, and from that time until 1800, Spain held undisputed sovereignty over the whole of the Louisiana province. For years during the latter part of the seventeenth century, and for more than a decade in the early part of the eighteenth century, all Europe, and America, were caldrons of wars, rumors of wars, contention and diplomacy. The most powerful single personality of modem days, the greatest soldier since Caesar, the most astute and adroit diplomat of all time. Napoleon Bonaparte, was at the zenith of his glory, and wonderful career, and was panoplied with such power the greater part of this period as to cause the gi-eater part of Europe to quake with fear for its safety, and America, especially the United States - then in its infancy - to be not a little concerned for its safety and pei^petuity.

Jealous of the increasing activities of England and Spain in America, Napoleon compelled Spain into a treaty, known as the Treaty of Ildefonso, October 1, 1800, by which Spain ceded to France, all the territory known as Louisiana, west of the Mississippi. Although this result had been accomplished during the most tumultous and exceedingly dangerous times, yet this treaty had been kept a secret for three years, still not sufficiently so that Thomas Jefferson - then President - did not fail to get an inkling that such a treaty had been consummated, and he determined on prompt action to secure, if possible, the province of Louisiana, deeming such acquisition as not only absolutely necessary to protect the integrity and safety of his country, but to prevent impending war, and, also, by so doing succeeded in extending the confines of his own country. Robert Livingston was the American minister to France, and to him was promptly sent instructions to make known to that govenmient that the United States would insist upon the free navigation of the Mississippi, and that the occupation, by tlie French government, of New Orleans, would bring about a conflict between the two nations, which would culminate in armed rupture; that it was the part of \visdom, as well as diplomacy, for the two countries to remain on peaceable and friendly terms; that the United States government desired peace with all nations; that the occupancy of New Orleans might oblige the United States to make common cause with England, France's bitterest, and, apparently, implacable enemy; that to avoid such a step, the government of the United States would purchase the province of Louisiana.

James Madison was authorized by Mr. Jefferson, the President, to assist Mr. Livingston in this negotiation with France, which proved successful, and on the 29th day of December, 1803, the flag of this country floated over the City of New Orleans; the territory having been pur- -chased from France at a cost of only $15,000,000. Thus was added to our domain all the territory known as the Louisiana province.

From the time the Colonies won their independence from Great Britain, to 1803, the United States was bounded on the North by Canada - a province of Great Britain; on the East by the Atlantic ocean; on the South by Florida - a province of Spain, and the Gulf of Mexico; on the West by Louisiana - a province of France; contentious, belligerous nations, implacable enemies, virtually surrounding an infant govenrment, without a navy to protect her seaboard.

The dangers of such a condition as early as 1790, had been seen by Mr. Jefferson, for he then indicted certain secret obsei-vations, not elaborating them, but in epitome, which abound in much historic value, and of much interest. In the archives in Washington, D. C, are many of the books, and papers of Thomas Jefferson, bought by Congress at large expense, from v/hich has been secured excerpts from what Mr. Jefferson termed "Heads of Consideration," as follows:

Heads of Consideration on the Conduct we are to Observe in the War between Spain and Great Britain, and Particularly should the Latter attempt the Conquest of Louisiana and the Floridas.

She will i-educe that half of ours which is on this side of the Mississippi: By her language, laws, religion, manners, government, commerce, capital; by the possession of New Orleans, which draws to it the dependence of all the waters of the Mississippi; by the markets she can offer them in the Gulf of Mexico and elsewhere.

She will take from the remaining part of our States the markets they now have for their produce; by furnishing those markets cheaper with the same articles, tobacco, rice, indigo, bread, lumber, arms, naval stores, furs.

She will encircle us completely, by these possessions on our landboard, and her fleets on our sea-board. Instead of two neighbors balancing each other, we shall have one more than the strength of both.

Consider our abilities to take part in a war. Our operations would be by land only. How many men should we employ? - their cost? Our resources of taxation and credit equal to this.

In such a choice of objects, Great Britain may not single out Louisiana and the Floridas. She may fail in her attempt on them. France and Spain may recover them.

If all these chances fail, we should have to re-take them. The difference between retaking and preventing, overbalanced by the benefits of delay. Delay enables us to be better prepared to obtain from the allies a price for our assistance.

If she be as sensible as we are, that she cannot save Louisiana and the Floridas, might she not prefer their independence to their subjection to Great Britain. Does not the proposition of the Count d'Estaing furnish us an opening to communicate our ideas on this subject to the court of France, and through them to that of Madrid, and our readiness to join them in guaranteeing the independence of those countries? This might save us from a war, if Great Britain I'espected our weight in a war; and if she does not, the object would place the war on popular ground with us.

That as to the treaty of commerce, we would prefer amicable to adversary arrangements, though the latter would be infallible, and in our power; that our ideas are, that such a ti-eaty should be found in perfect reciprocity, and would, therefore, be its own price; that as to an alliance, we can say nothing till its object be shown, and that it is not to be inconsistent with existing engagements; that in the e\'ent of a war between Great Britain and Spain, we are disposed to be strictly neutral; that, however, we should view with extreme uneasiness any attempts of either power to seize the possessions of the other on our frontier, as we consider our own safety interested in a due balance between our neighbors (It might be deemed advantageous to express this latter sentiment, because, if there be any difference of opinion in their councils, whether to bend their force against North or South America, or the islands - and certainly there is room for difference - and if these opinions be nearly balanced, that balance ought to be determined by the prospect of having an enemy the more or less, according to the object they should select).

We have a right to the navigation of the Mississippi: 1st, by nature; 2nd, by treaty. It is necessary to us. More than half the territory of the United States is on the waters of that river. Two hundred thousand of our citizens are settled on them, of whom forty thousand bear arms. These have no outlet for their tobacco, rice, corn, hemp, lumber, house timber, ship timber.

We have hitherto respected the indecision of Spain, because we wish peace; because our western citizens have had vent at home for their productions.

A surplus of production begins now to demand foreign markets. Whenever they shall say: "We cannot, we will not, be longer shut up," the United States will be reduced to the following dilemma:

1st, To force them to acquiescence. 2nd, To separate from them, rather than take part in a war against Spain. 3rd, Or to presei-ve them in our Union, by joining them in the war.

The first is neither in our principles, nor in our power. 2nd. A multitude of reasons decided against the second. It may suffice to speak out one; were we to give up half our territory rather than engage in a just war to preserve it, we should not keep the other half long. 3rd. The third is the alternative we must adopt.

Answer. A moderate force may be so secured, as to held out till succored. Our succors can be prompt and effectual. Suppose, after taking it, we withdrew our force. If Spain retakes it by an expedition, we can recover it by a counter-expedition, and so as often as the case shall happen. Their expedition will be slow, expensive, and lead to catastrophe. Ours sudden, economical, and a check can have no consequences. We should associate the country to our Union. The inhabitants wish this.

They are not disposed to be of the Spanish government. It is idle in Spain to suppose our Western inhabitants will unite with them. They could be quiet but a short time under a government so repugnant to their feelings. Were they to come under it for present purposes, it would be with a view to throw it off soon. Should they remain, they would communicate a spirit of independence to those with whom they should be mixed.

2nd. Acting in conjunction with Great Britain, and with a view to partition. The Floridas (including New Orleans) would be assigned to us. Louisiana (or all the Western waters of the Msisissippi) to them. We confess that such an alliance is not what we would wish. Because it may eventually lead us into embaiTassing situations with our best friend, and put in power of two neighbors into the hands of one. L. Lansdowne has declared he gave the Floridas to Spain rather than the United States as a bone of discord with the House of Bourbon, and of reunion with Great Britain. Connolly's attempt (as well as other facts) proves they keep it in view.

Ist. What must Spain do of necessity? The conduct of Spain has proved that the occlusion of the Mississippi is system with her. If she opens it now, it will be because forced by imperious circumstances. She will consequently shut it again when these circumstances cease. Treaty will be no obstacle. Irregularities, real or pretended, in our navigators will furnish color enough. Perpetual broils, and finally war will ensue. Prudence and even necessity, imposes on us the law of settling the matter now, finally, and not by halves. With experience of the past and prospect of the future, it would be imbecility in us to accept the naked navigation. With that, we must have what is necessary to its use, and without which it would be useless to secure its continuance; that is, a port near the mouth to receive our vessels and protect the navigation. But even this will not secure the Floridas and Louisiana against Great Britain. If we are neutral, she will wrest those possessions from Spain. The inhabitants (French, English, Scotch, American) would prefer England to Spain.

2nd. What then had Spain better do of choice? Cede to us all territory on our side of the Mississippi; on condition that we guarantee all her possessions on the Western waters of that river, she agreeing fur- ther, to subsidize us if the guarantee brings us into the war. Should Great Britain possess herself of the Floridas and Louisiana, her governing principles are conquest, colonization, commerce, monopoly. She will establish powerful colonies in them. These can be poured into the Gulf of Mexico for any sudden entei"prise there, or invade Mexico, their next neighbor, by land. Whilst a fleet co-operates along shore and cuts off relief. And proceed successively from colony to colony.

With respect to us, if Great Britain establishes herself on our whole land-board our lot will be bloody and eternal war, or indissoluble confederacy. Which ought we to choose? What will be the lot of the Spanish colonies in the jaws of such a confederacy? What will secure the ocean against the monopoly?

Safer for Spain that we should be her neighbor, than England. Conquest not in our principles, inconsistent with our government. Not our interest to cross the Mississippi for ages. And will never be our interest to remain united with those who do. Intermediate chances save the trouble of calculating so far fonvard.

Consequences of this cession, and guarantee: 1st. Every subject of difference will be removed fi'om between Spain and the United States. 2nd. Our interest will be strongly engaged in her retaining her American possessions. 3rd. Spain will be quieted as to Louisiana, and her territories west of that. 4th. She may employ her whole force in defence of her islands and Southern possessions. 5th. If we preserve our neutrality, it will be a very partial one to her. 6th. If we are forced into the war, it will be, as we wish, on the side of the House of Bourbon. 7th. Her privateers will commit formidable depredation on the British trade, and occupy much of their force. 8th. By withholding supplies of provision, as well as by concurring in expeditions, the British islands will be in imminent danger. 9th. Their expenses of precaution, both for their continental and insular possessions, will be augumented as to give hope of running their credit down. In fine, for a narrow slip of barren, detached, and expensive country, Spain secures the rest of her territory, and makes an ally where she might have a dangerous enemy.

Formal possession of Louisiana by the United States was in December, 1803, and no later than January, 1804, the President, to the celebrated Dr. Joseph Priestly, thus expressed himself. "I very early saw that Louisiana was indeed a speck in our horizon which was to burst in a tornado; and the public are unapprized how near the catastrophe was. Nothing but a frank and friendly development of causes and effects on our part, and good sense enough in Bonaparte to see that the train was unavoidable, and would change the face of the world, saved us from that stomi. I did not expect he would yield till a war took place between F\-ance and England, and my hope was to palliate and endure * * *. I believe the event not very distant, but acknowledge, it came sooner than I expected. Whether, however, the good sense of Bonaparte might not see the course predicted to be necessary and unavoidable, even before a war should be imminent, was a chance which we thought it our duty to try; but the immediate prospect of rupture brought the case to immediate decision. The denouement has been happy ; and I confess I look to this duplication of area for the extending a government so free and economical as ours, as a great achievement to the mass of happiness which is to ensue."

Chapter Ii Teachers' Institute Organized

UNDER TERRITORIAL ACT - CLAY COUNTY FORMED IN 1822 - COUNTY SEAT SELECTED - REDUCED TO ITS PRESENT LIMITS IN 1S33 - TWO ORIGINAL TOWNSHIPS - PERMANENT SETTLERS - IMMIGRATION - OLD FRANKLIN - TOPOGRAPHY - ACT CREATING CLAY COUNTY - CLASS OF CITIZENS - FROM BECK'S GAZETEER - EARLY INDUSTRIES - FIRST ROAD - PIONEER SCHOOLS - TEACHERS' INSTITUTE ORGANIZED.

Under the territorial Act of 1812, all west of the Mississippi river and north of the Mississippi river, formed St. Charles County; which continued until 1816, when that part of Howard, north of the Missouri, was taken, and from Howard, in 1829, Ray County was formed, including all areas west of Grand River to the State line, and from the Missouri north to the Iowa line.

Clay County was formed from Ray, January 2, 1822, extending from the Missouri River north to the Iowa line, with its present width of about twenty-one miles, and its length, of about one hundred miles.

The Act of the Legislature creating the C9unty, appointed five commissioners to select a permanent seat of government for the county, and further provided that until the selection of this permanent seat was made, all courts should be held at the house of John Owjns, which house was located upon what is now known on the plat of the town - now city - of Liberty, as lot 173, on Water street. The commissioners named in the Act were Henry Estes, Enos Vaughn, Wyatt Adkins and John Pouge. These commissioners made report to the Circuit Court of the county, July 1, 1822, as follows:

"That in pursuance of the object of their appointment, they assembled together on the 20th of March last, to examine the different donations offered the county, and continued in session three days examining sites for a town, that after mature deliberation and minute investigation the tract of land owned by John Owens and Charles McGee was thought best adapted for which it was designed, as being more central for the population, surrounded with good and permanent springs, lying sufficiently elevated to di-ain off all superfluous waters, in a healthy and populous part of the country, and entirely beyond the influences of lakes, ponds, or stagnant waters of any kind ; they therefore, unanimously agreed to accept of the proposition of Mr. Owens and Mr. McGee of a donation of twenty-five acres each for the use of the county."

Again it was deemed advisable to limit the area of the county, and on January 2, 1833, the reduction was made to its present limits, being bounded on the north by Clinton on the east by Ray, on the south by Jackson, with the Missouri River intei"vening - and on the west by Platte. The county comprises 254,423 acres. The county was divided into only two townships - Gallatin and Fishing River; the county seat being in Gallatin until May 2, 1825, when Liberty Township was created. Platte Township was createti June 4, 1827; Washington Township, August 9, 1830, and Kearney Township was created September 3, 1872. That pai-t of the county north of its present limits in 1831, extending to the Iowa line was called Lafayette Township, and was very sparsely settled, and on the west of the limits of the county "attached for civil and military purposes," was the Platte country, or rather the greater part of what constitutes now Platte County, was in 1837, divided into Pettie, CaiToll, Far West and Preston Townships. /

No i-eliable, authentic infoi-mation can be given of any peiTnan^nt settlement made in what is now Clay County prior to the year 181£^ In that year there came John J)wens, Saniuel McGee, Benjamin Hensley, William Campbell, Thomas Campbell. John Wilson, Zachariah Averett, John Braley, Charles McGee, George Taylor, Travis Finley, Cornelius Gilliam and Edward Byburn. These located in the southern, southeastern and northeastem parts of the county; many descendants of whom are at this time residents of the county.

and the sojrfthern portion of the county, generally by Samuel Tilford, John Thornton, Andrew Robertson, Sr., Andrew Robertson Jr., Colonel Shubael Allen, Robert Mun-ay, John Bartleson, Andrew Bartleson, Andrew Bartleson, John Dean, Henry Estes, Thomas Estes, Peter Estes, James Hyatt, Samuel Hyatt, Richard Hill, William Munkers, James Gilmore, Robert Gilmore, Ennis Vaughn, Andrew Russell, Eoba Tilleiy, Martin Parmel^^ Henry Mailes, Squire Hutchinson, Solomon Fry, Edmund Munday, William Lenhart, Wm. L. Smith, Humphrey Best, David McElwee, Eldridge Patter, Thomas Hixon, Joseph Groom, Hugh Brown, Joseph Brown, Thomas Officer, Robert Officer, Patrick Laney, and others. It can be said of these early settlers that a moi'e intelligent, industrious, better educated and -worthier set of men never settled m any new country. They were the scions of a noble ancestry, who had settled originally in Virginia, giving to that State renown and prestige such as no other State in the Union possessed; whose fathers had gone to Kentucky^ Tennessee, and the Carolinas, and whose sons now were seeking homes in western Missouri. It is not contended that all of this immigration was from these States, for such was not the case, but by far the greater portion of these settlers were from Virginia, Kentucky, Tennessee, North and South Carolina. I' In 1820 the territory embraced in Clay County fonned a part of what I was known as Howard County, and the county seat was Old Franklin. At this time, there was not a store at which goods could be purchased within the present confines of Clay County, (it is true some French men had a trading post at Randolph Bluffs, where barter and trade were made for furs and beeswax, exchange being made therefor, in gewgaws and trinkets; but nothing of a substantial character could be purchased^) At this time, if a settler wanted a new axe there was no place to obtain it north, south or west, but only at the nearest place, which was five miles this side of Old Franklin, in Howard County, to a certain blacksmith, who made axes with his bellows, steel and iron, anvil and hammers, and it was estimated for a settler to leave home, with his saddle bags, go to this blacksmith's, get his axe made, then return home, shaiTDen the axe with an old fashioned gi'indstone, would take about two weeks of the settler's time. Up to 1819, there was no money in circulation, nor was there in what is now Clay County, according to Mrs. Shubael Allen, then a resii dent, a silk ribbon.

the topography of this section bore a striking resemblance to that of Virginia, Kentucky and Tennessee; timber abounded almost over the section, especially for miles along and away from the JMissouri River, all these things, together with the cheap cost of the land, were very alluring, captivating to these young men of the older states, and determining to avail themselves of opportunity afforded them, hastened to this section of the country, and right well did they do their pai-t, not only in securing homes, but in clearing the land of its dense timber, cultivating the soil, erecting school houses, churches, colleges, building towns and villages; foremost in all enteri^rises, until now, no county in the state has a better prestige for morals, enterprises, education, thrift and general enlightenment.

I taken from Howard, Clay County being at the time a part of Ray. The first county court was held there in April, 1821, and two of its members

/ were John Thornton and Elisha Camron, and the clerk of the court was William L. Smith ; all three of these officers were citizens of what is now Clay County.

The first settlers of the territory bordering on the Missouri River, not only in what is now Clay County, but in almost all other counties, were Virginia, Kentucky, Tennessee, and the two Carolinas, and in making their settlements, located their houses near springs. Their locations were in timbered lands, not prairie, for in that early day prairie land was an unknown quantity, it having been reported, and believed to be, fit only for grazing purposes, hence settlements were made almost exclusively in the autumn of 1821, that it was determined to create a new county, subdividing Ray into two or more counties, and accordingly on the 2nd day of January, 1822, the Legislature passed the following act creating the county of Clay:

1. A new county shall be established as follows: Beginning in the middle of the main channel of the Missouri River, south of the range line passing between range twenty-nine and thirty west of the fifth prin- cipal meridian, thence north and with said range line, pursuing the course thereof, when continued to the northern boundary line of the state; thence west with the northern boundary line to the northwest range of this state ; thence south with said boundary line due south to the Missouri River, and to the middle of the main channel thereof; thence down the middle of the main channel thereof to the place of beginning, which shall be called the county of Clay.

2. John Hutchins, Henry Estes, Enos Vaughn, Wyatt Adkins and John Poague, be, and are hereby appointed commissioners, with power to fix upon the most suitable place in said county whereon to erect a court-house and jail; and the place whereon they, or a majority of them shall agree, shall be the permanent seat of justice for the said county of Clay.

3. The power and duties of the said commissioners within the said county of Clay shall be the same as the powers and duties assigned by an act entitled "An act defining the limits of Howard County, and laying off new counties within the limits of said county as heretofore defined", to the commissioners appointed to point out and fix upon the most suitable place in the county of Kay whereon to erect a court-house and jail for the said county of Ray.

4. The said commissioners, or a majority of them, be and are hereby empowered to receive as a donation, or to purchase the land by them selected, and to lay off the same into lots or squares, and to expose them to public sale under the same restrictions as were imposed by the before recited act, on the commissioners of Ray County, and the powers and duties of the judge of the circuit court shall be same in the said county of Clay, as in the said county of Ray.

5. The courts to be holden in the county of Clay, shall be at the house of John Owens, until said commissioners shall choose and fix on a temporary seat of justice for said county; and after the said commissioners have selected a temporary seat of justice for said county, the courts to be holden for said county shall be holden at the temporary seat of justice until a house for holding courts and a jail is provided at the permanent seat of justice for said county of Clay.

6. All executions to be issued after the taking eflFect of this act, from the circuit court of the county of Ray, shall be directed to the proper officers of the county of Clay, if the person against whom they may issue resides within the said county of Clay; and such executions shall be executed and returned by him in the same manner as if issued by the clerk of the county of Clay; and all accounts of executors, administrators and guardians now pending in the county of Ray, if such executors, administrators or guardians x-eside in the county of Clay, shall at the request of such executors, administrators or guardians, be certified by the clerk of said county of Ray, with the proceedings had thereon, to the clei-k's office in the county of Clay, and shall stand ready for trial or settlement as if they had commenced therein; and all justices of the peace and constables now residing in the limits of said county of Clay shall continue to execute all the duties of their offices, as justices and constables, in the county of Clay ; and it shall be the duty of the county court for said county of Clay, at the first term of said court, to appoint a collector for said county, who shall immediately enter upon the duties of his office ; and the taxes for the said county of Clay shall be collected and accounted for by the collector of said county in the same manner as is now required of the collector of Ray County.

At the time of the organization of the county the population was about 1,200. and about this time, or shortly thereafter, this population consisted of other men of sterling worth, not hereinbefore mentioned, who by their industiy, entei-prise and discernment contributed largely to the upbuilding of the county, namely, David Ashby, John and Robert Aull, John and Western Averett, Thomas and Garrett Arnold, John and Johnathan Adkins, Pleasant Adams John Akers, Humphrey Best, Cyrus Brashears, John Bartleson, David Boggs, John Ben-y, John Braley, William and Stephen Baxter, Walker and Truman Bivens, Hugh and Joseph Brown, John and Joseph Broadhurst, Van and Robert H. Brooks, Leonard Brasfield, Ambrose Brockman, Ed Linn Breckenridge, John Boggess, Charles H. Beriyman, Jonathan Cameron, John and Nathan Culp, Abram Croyadale, Robert and William Collins, John Collier, Cyrus Curtis, John Capps, Nathan Chaney, Daniel and John Carey, Heniy Coleman, Killion and John W. Creek, William Corum, Joseph and Thomas Courtney, George Claybrook, Uriel Cave, Edward and Richard Clark, James Chanslor, Simon Cockrell, Weekly Dale, Robert and James Dunlap, William, Matthew and

Alexander B. Duncan, Rice B. Davenport, Archibald Logan Darby, John Ewing, John Estes, John Ecton, Ambrose Embree, Robert Elliott, Ely, Petei-, William, John, Littleberiy and Bartley Estes, Travis Finley, Simeon and Hiram Fugit, Joseph and Young Fowler, Alexander Fudge, Martin Fisher, George B. Finley, Hiram Ferril, Samuel Gilmore, Benjamin, Samuel, William, Jefferson, James, Henry, Jacob and John Gragg, Jacob and David Groomer, Abrani, Amos, Isaac and Joseph Groom, John and Joseph D. Gash, Andrew and Richard Gartin, Robert Gilliam, Josluia B. Gotchcr, James and Samuel G. T. Greenfield, J. Conway Garner, Gow, Henry Hill, James and Samuel Hyatt, Philip A. Hardwick, Simon and Samuel Hudson, Anthony Harsel, Squire Hutchinson, Daniel Hughes, Thomas Hixon, Collet Haynes, John Howdeshell, John and Moses Hutching, Ezekiel Huffman, Robert, Jefferson and James Hanis, Peter Holtzclaw, Robert Henderson, Woodford and Richard Jesse, Jonathan Jones, William Lainhart, Joseph Lewis, John Linville, John Lakey, George B. Lingenfelter, Abrarn, John and George Lincoln, William Laidlow, John and Reuben I^jng, Leonard W. Ligon, Alvan Lightbuni, Richard. Redmond and William Munkres, Arch, and John McCorkle, David McEhvee, David McKee, Andrew Means, Ed. Munday, John M., David and Joel P. Moore, John S. Major, James Marsh, Henrj' Mailes, Samuel Monroe, Joseph H. and John McWilliams, CaleJj Magill, William and John S. Malott, William A. and Thomas A. Morton, Nicholas Mosby, Nicholas Michalucine, William Nail, Clement Neely, Robert Officer, Nicholas Owens, Winfrey E. Price, John, Adam and Henry Pence, Benjamin and Edward Pickett, James Poteet, Nathaniel Powell, Daniel Patton, George M. Pryor, Ashby, Ira and John R. Peters, Benjamin and Thomas Parish, Joseph and Baruth Prather, Lee Rollins, Samuel Ringo, Benjamin W., Hezekial and Alfred M. Riley, Jonathan and Allen S. Reed, Jani&s :ind David Roberts, Andrew Slaughter, Andrew Russell, Wiili.-am Rice, William Ross, David S. Rogers, Littleberry Sublette, Thomas Slaughter, Sabert Sollers, James Sullivan, Benjamin Soper, Mason Summers, John Shouso, Jesse Stollings, Daniel Stout, John and William Thoi-p, William. Elisha and Joseph Todd, Ebenezer Titus, John Talbot, Eleven Thatcher, William Thomjison, Edward C. Tillman. ILmdle and Solomon Vance, Samuel H., Petei", Jenkins and James J. Vassar, John, Francis and Peter Writesnian, Tarleton Whitlock, Peter and Avcliibald Woods, James Williams, George Wallis, Founj,ain_Waller, Benjamin and John M. Wilkerson. Charles Warren, Robert and John Walker, Samuel

The above are names entitled to record in the annals of the county; thei*e are many others equally as desei-ving who would be mentioned if their names were known to the compiler of this list.

At the time of the organizations of Clay County, January, 1822, notwithstanding its tenitory extended from the Missouri River to the Iowa line, the population was almost entirely confined to its present limits, for the reason, as heretofore stated, these settlers from Virginia, Kentucky, Tennessee and the Carolinas had been informed that prairie lands were not adapted to agricultural purposes, farther than to be used for grazing purposes, and from the present limits of the county, north to the Iowa line was, practically, one vast prairie.

The reader will be interested in the following excei^pt taken from Beck's Gazetteer of Missouri in relation to Clay County, and prairie lands, published in 1823:

"Clay County was erected from Ray in 1822. It is bounded on the north and west by the boundary lines of the state, east by the county of Ray, and south by Lillard (now Jackson). Its fonii is that of a parallelogram, about 100 miles in length, and twenty-one miles in breadth; containing an area of about 2,000 square miles. The southern boundary is washed by the Missouri River; the interior is well washed by Fishing River, and numerous other small streams, running in a southerly and westerly direction. The lands are generally elevated, and in the northern part approaching to hilly. Of the fertility of this county and the inducements which it offers to emigrants, I need not adduce a more convincing proof than the fact that but two or three years since it was a complete wilderness without a single white inhabitant; while at the present time its population is not less than 1,000. The county north and west is owned and inhabited by Indians.

The prairies, although generally fertile, are so extensive that they must for a great length of time, and perhaps forever, remain wild and uncultivated; yet such is the enterprise of the American citizen - such the immigration to the West, that it almost amounts to presumption to hazard an opinion on the subject. Perhaps before the expiration of ten years, instead of being bleak and desolate, they may have been converted into immense grazing fields, covered with herds of cattle. It is not pos- sible, however, that the interior of the prairies can be inhabited; for, setting aside the difficulty of obtaining timber, it is on other accounts unpleasant and uncomfortable. In winter the northern and western blasts are excessively cold, and the snow is drifted like hills and mountains, so as to render it impossible to cross from one side to the other. In summer, on the contrary, the sun acting upon such extensive surface, and the southerly winds, which uniformly prevail during the season, produce a degree of heat almost insupportable.

It should not, by any means, be understood these objections apply to all the prairies, the smaller ones are not subject to these inconveniences; on the contrary, they are by far the most desirable and pleasant situations for settlement.

There are those of this description in the county of which we are treating, surrounded by forests, and containing here and there groves of the finest timber, watered by beautiful running streams, presenting an elevated, rolling or undulating surface, and a soil rarely equaled in fertility."

The same year of the organization of the county, the seat of the county. Liberty, had been laid out into lots, and as many as twelve or fifteen cabins or small houses were erected and of that number two stores had been placed therein. Four other small stores were in the county during that year. For several years thereafter, the merchants in Liberty were Samuels & Co., Moores, Samuels & Croysdale, Hickman & Lamme, James M. Hughes & Co., James Aull, F. P.JUhouteau, Hiram Rich, Joshua Fallen, Gershom Compton and Laban Gan-ett.

Lewis Scott had a tanyard in 1825, located just north of the bridge which crosses the town branch near Fairview cemetery, in Liberty. John Baxter had a harness and saddle shop in Liberty in 1827. In 1823, one Gilliam operated a horse-mill, which was located near the spring (now covered over) southeast corner of Mill and Leonard streets in Liberty and about where the electiic depot is now located. Alonzo Baldwin, the second male child bom in Clay County, informed the winter that when a very small boy he was once taking a grist of com to the Gilliam mill, and when coming over what is now known as the Lightbume hill, the only ingress by horse or wagon into Liberty, at the time, he saw a bear run across the road in front of him; that he hurried to the mill, informed Gilliam of what he had seen ; whereupon Gilliam called for his two hounds who readily responded to the call, and went in pursuit of the bear, chased the animal which took refuge up a linden tree, which stood exactly where Madison Miller so long lived, now residence of John W. Newlee, lot 58, old town, now city of Liberty, when the bear was dispatched by a well aimed shot from Gilliam's rifle.

As early as 1826, four other mills were existing in the county - Manchester^ mill, on Shoal Creek; William and Joel Estes' mill, on Fishing River ;(Smith's mill, on Smith's fork of Platte River) and Hixon's mill.

The first road opened in the county was from Liberty to the Ray County line, through as dense and heavy woodland as ever existed in this or any other country. All able bodied male persons over the age of eighteen years were summoned and required to open this road to the Ray County line, there to meet a road being built or opened by the citizens of Ray County from Richmond to the Clay County line. Old John Wilson, one of these men, infonned the writer that among so many men encamped and working together in this road opening, that bickerings, misunderstandings and quarrels almost necessarily ensued, which oftentimes resulted in "fist and skull" fights on Saturday afternoons, as no work was required the afternoons of that day. Always some entei-prising person, too feeble to be a workman on the road, but feeling a deep sympathy for the poor workmen away from their homes, would provide several jugs of "Old Bourbon", whereupon, as men at that early day had no compunctions of conscience in imbibing a little of this lotion for the "stomach sake", only, would partake of it, too frequently and in siich quantity as to cause excessive pugnacious dispositions which could not be satisfied but by a resort to pugilistic encounters with which their enemies were more than ready to accommodate them. A ring was made, the contestants took their places, when the rules of the fight were given, to the effect that no blows were to be struck below the belt until the "word went round, 'Bite, Kick and Gouge', then everything was "far."

The first schools taught in the county wei'e made up by subscription and taught during the summer or autumn. The schoolhouses were generally hastily improvised without much attention being paid to comfort or convenience. Sometimes a winter school was provided if a house could be found comfortable enough.

In township 52, range 30, - in the southeastern portion of the county - the people first thoroughly organized for school purposes. In Febru- ary, 1836, the township was organized into two school districts, with Fishing River the dividing line between them. The southern district was called Franklin, and the trustees were James Dagley, George Withers and Sam Crowley. The northern district was called Jefferson; trustees, Winfrey E. Price, Michael Welton, Joel P. Moore. In the spring Jefferson was divided into two districts, and the westeni or northwestern was called Clark, in honor of Jesse Clark.

In April, 1836, township 52, range 31, lying northeast of the town of Liberty, was divided into four school districts. Clay, Washington, White and Bell. Schools were established soon after in all these districts, and already there were good schools at Liberty. From the earliest period of its official existence Clay County has always taken a leading part in school matters among the best counties of the state.

The sixteenth sections in every congi-essional township in Missouri were from the first set aside for public school purposes, to be sold to the best advantage and the proceeds thereof properly applied, upon petition of two-thirds of the inhabitants of said congressional township. The Clay County court, in February, J 831, appointed Ware S. May to select the sixteenth sections in this county. Samuel Tillery was appointed commissioner, and he made sales from time to time up to the spring of 1834.

Under the act of February 9, 1839, public schools were instituted, and were aided from the interest of the township fund arising from the sales before mentioned. In 1842, the state began the distribution of a small fund. These schools were rather meager in their results until the act of February, 1853, set apart twenty-five per cent of the state revenue for the support of common schools. This act also created the office of county school commissioner, and Col. A. W. Doniphan was appointed to the office in November, 1853, which he filled until August 8, 1854, when he resigned, having been elected county representative. George Hughes was then appointed to fill the vacancy, with complete satisfaction to all.

The first annual report to the State Superintendent, by County Commissioner Hughes, was made November 4, 1854. The whole number of white children over five and under twenty years of age in the organized tory the children of school age were estimated to be about 500. The school township for that year was 2,426, and in the unorganized terrinumber of public schools was thirty-two and the number of teachers employed was thirty-four. The average number of children attending pub- lie school was 1,264. The average salary paid teachers was twenty-nine dollars per month, and the length of school term was about five months and a fourth.

County Teachers' Institute. - The County Teachers' Institute was first organized in 1854, and held its first annual session at Mt. Gilead Church, August 29, 1855 (James Love was president and L. R. Slone secretary). This is believed to be the first county teachers' institute ever held in the state. It continued to hold annual, and, sometimes semiannual sessions, until the public schools were suspended, in 1861. When the public schools were again organized after the close of the Civil War, the county institute was also reorganized, and held annual sessions until monthly institutes and county normal institutes supplied its place in the educational work of the county.

Days

FIRST COUNTY COURT - A COURT INCIDENT - ROADS ESTABLISHED - OFFICXAXS APPOINTED - TAX LIST - FIRST ELECTION - SIMON COCKRELI^ - SECOND TERM - FIRST PATROL - FIRST CIRCUIT COURT - OFFICERS - JURORS - FIRST PERSON HANGED IN CLAY COUNTY - "THE RING TAILED PAINTER" - COURT HOUSE - JAIL - OTHER ROADS ESTABLISHED - TOWNSHIPS CREATED - FERRIES ESTABLISHED - SLAVE AND OTHER VALUES - STEAMBOATING - AN ATTEMPTED MURDER - A DOUBLE HANGING - A REVIEW OF THE EARLY DAYS.

The first county court of Clay County convened at the house of John Owens, in Liberty, February 11, 1822. There were present the three county justices, John Thornton, James Gilmore and EHsha Camron, who having exhibited their commissions, duly signed by the governor of the state, Alexander McNair, entered upon the duties of their office. Two of these judges were men who became noted afterwards in the history of Clay County. Major Thornton" was one of the first white men who ever| settled in the county; a man of far more than ordinary natural ability, which, coupled with his erudition and urbanity, made him one of the most influential men, not only in the county, but in northwest Missouri. In 1872, the writer heard in a public address by ex-United States Senator General David R. Atchison, at the celebration of the semi-centennial organization of the county, utter an eulogy of Major Thornton unsurpassed by any eulogy he ever heard of any man. Judge Elisha Camron, for natural ability, never had a superior in the county; uneducated, scarcely knowing how to read or write, yet he was an exceedingly popular man with all who knew him, or came in contact with him. He was eccentric and humorous; upon one occasion while he was holding coui*t in a case where General David R. Atchison was engaged on the one side and Amos Rees, a man of quick, high temper, on the other. General Atchison said something which incited the anger of Mr. Rees, who quickly and in a loud tone of voice, easily to be heard over the court room exclaimed, "Dave Atchison, you go to hell". Judge Camron cast his eyes first in the dii^ection of Rees, then at Atchison, again at Rees, then at Atchison, when catching the eye of Atchison, the judge beckoned the General to approach him. Atchison slowly approached the judicial bench and leaned foi'ward to hear what the judge wanted with him. Judge Camron, in a low voice said, "Dave, if I were you, I wouldn't do it." Quick as a flash, Atchison

Other roads were ordered established at the May regular term of the county court. A road leading from the north end of Main street, in Liberty, "the nearest and best way to the prairie in the direction of Magill's". The court appointed as commissioners to open this road, John Owens, Eppa Tillery, Ezekial HuflFman and John Hall. A road "leading from the court house (John Owens') in Liberty, the nearest and best way to Andrew Russell's, from thence to the (state) boundary line." Andrew Russell, Aaron Roberts, South Malott and Mitchell Poage were appointed to open this road. At this term of court David Manchester was appointed county sui*veyor and Joshua Adams assessor for Fishing River township. The county collector reported to the court that six stores in the county had been licensed to do business at five dollars each.

The total tax list in the county for 1822 was $142,771/2, and of this amount collected $140.27Vo, leaving a delinquent list of but two dollars and fifty cents. This court was in session nine days in 1822.

The first election held in Liberty was on the first Monday in August, 1822 and although the order had been made that the election should be held at the house of John Owens, yet for some reason or other, probably on account of the circuit court being in session there at the time, or the heat of the day, it was held on the butt of a large elm tree which had been felled just east of where the court house now stands. As the white men voted, a number of Indians perched themselves in the branches of the fallen tree and watched the novel proceedings. About the polls that day was a very tall, erect conspicuous old man; he was wearing tow-linen trousers, tow-linen shirt, brogan shoes, and on his head was a hat made of wheat straw. This man had raised the flax, broken it, carded it. His wife had spun the materials into threads, woven it into cloth, cut out the garments, and had made them into clothes for her husband. She had plaited wheat straw and made the covering for his head. This old man was a candidate for the Legislature, and was elected mainly because he was known to be "smart and honest", and his name was Simon Cockrell, the grandfather of United States Senator, Francis M. Cockrell, who for thirty years represented the state of Missouri in that august body. The Legislature was to meet that winter in St. Charles and when the time came Uncle Simon, as he was generally called, was at a loss to know how he was to get to St. Charles. The old man was very poor in this world's goods, having no horse to ride; there were no stage coaches or other means of travel, in truth no roads had as yet been opened for any kind of travel. Uncle Simon and some of his neighbors met at the house of Clement Neely, near the seven-acre farm, the property of the old man, to devise ways and means to get the old gentleman to St. Charles. After some discussion, Mr. Neely suggested that he would loan Uncle Simon a horse to ride, provided some one or more of those present would loan a saddle and bridle. At the suggestion. Uncle Simon remarked, that was all he wanted, a horse; that he would make his own saddle and bridle. He made his saddle of com shucks, his bridle of twine strings, got the horse from Neely, and in due time away to legislative halls went the first lawmaker from Clay County.

Upon the authority of the late John S. Story it may be stated that the seven acres owned by Mr. Cockrell was surrounded by a fence of exceedingly large white oak and black walnut rails, fourteen and sixteen feet in length, made by the owner, who, when the rails were made, had the pick, gratuitously, of the best timber in the neighborhood, and that the old man cultivated this land with a long handle hoe.

At the August term, 1822, of the county court, an order was made for the erection of the first public structure in the county. A "stray pen", enclosure or pound, for restraining of animals running at large, was deemed a pressing necessity, whereupon a pen 60 feet square was erected by the order of court and Jonathan Reed erected it of posts and

The first patrol was appointed in 1824. To the present generation it may be well to explain what then were patrols. In the days of slavery it was deemed unwise and unsafe to let negroes, male or female, go about the country in the ijight time, without a written permit from their owners or masters. County courts usually named patrols for each neighborhood in the county, and where they failed to name the patrols, the citizens of a neighborhood would name them. It was the duty of patrols to watch the roads, byways and places where negroes were likely to be or congregate and when found after nine o'clock without a written pass or permit, that negro or negroes were punished by the patrols then and there, administering a sound thrashing. Ghosts, hobgoblins were no greater terror to the average negro than patrols (negroes called them patterrollers) . When old Uncle Rastus prayed, he said, "Oh, Lord, we thank thee for the new Jerusalem, with its pearly gates and its golden streets, but above all, we thank Thee for that high wall around the great big city, so high that a patterroller can't get over it."

The first circuit court was held in Clay County at the house of John Owens, in Liberty, March 4, 1822. David Todd, an uncle of the wife of Abraham Lincoln, who was Maiy Todd, was judge; William L. Smith, clerk; Hamilton R. Gamble, circuit attorney, and John Hams, sheriff. William L. Smith was born in a northern state, a man of education and of many accomplishments, popular with the people, and held this office until 1831, when he resigned the office. Hamilton R. Gamble was a Virginian, bom in 1798; came to St. Louis in 1818, came to Old Franklin in 1819, was circuit attorney in 1822, secretary of state in 1824, supreme judge in 1851, and in 1861, on the flight of Governor Claiborne Fox Jackson from Jefferson City, was made provisional governor of Missouri. He died in 1864. John Harris was a lineal descendant of Mary Jefferson, sister of Thomas Jefferson; Mary Jefferson married Col. John Turpin and her daughter, Obedience, married Col. John Harris.

Very little business was transacted at this term of the circuit court as it was in session only two days. The grand jurors for the term were Richard Linville, foreman; Zachariah McGree, Benjamin Sampson, Robert Y. Fowler, Zachariah Averett, Howard Averett, John Ritchie, James Munkers, John Evans, Thomas Estes, Andrew Robertson, Richard Hill,

David Magill, Walker McClelland, Robert Poage, Samuel Tilford, David Gregg, William Allen, Elisha Hall and James Williams. There are many descendants of the men who constituted this grand jury now residents of Clay County. The next term of the circuit court was in July following, and only one jury trial, that of the State vs. Jonathan Camron, who had been indicted for affray. A jury of twelve good and true men were selected to try the defendant; they were Abijah Means, Richard Chaney, Abraham Creek, John Bartleson, James Gladden, Francis T. Slaughter, Enos Vaughn, Andrew Copelin, John Carrell, Matthew Averett, Eppa Tilleiy and Samuel Magill, who after hearing the evidence, instructions of the court, and arguments of counsel, retired, but soon returned with a verdict, "We, the jury, find the defendant not guilty".

The first person ever hanged in Clay County for murder was a negro woman, owned by a man named Pryor, residing near Greenville, in the northeastern part of the county. She murdered, by throwing two (or three) of her children into a deep pool formed by a small water-fall, and was chasing an elder child to drown when she was apprehended. The proof was positive against her and being tried in the circuit court for the crime, she was found guilty and Judge Todd sentenced her to be hung on the 23rd day of August, 1828. There was no appeal of the case, no pardon, no commutation, no postponement of the execution, and on the day appointed was executed by Colonel Shubael Allen, then sheriff.

The first State Senator from Clay County was elected in 1826, was Martin Parmer, a great grandfather of the noted and famous Allen Parmer, brother-in-law of the James boys, and celebrated "Bushwhacker" of Civil War times. Panner discounted all men of his generation, or for that matter, any other generation, in his conversation and ways, and had attached to him the sobriquet of "The Ring Tailed Painter". He was a man of more than ordinary shrewdness, unlettered, but more cultivated than he ordinarily exhibited. Wetmore's Gazetteer gives the following incident that occurred during Pamier's career as State Senator:

"When the time approached for the meeting of the Legislature, Parmer loaded a small keel with salt on the Missouri, above Hardeman's plantation, and having taken the helm himself, manned the vessel with his son and a negi'o. Uniting, as he did, business and politics, while afloat on the river he stood astride of the tiller with a newspaper in hand (not more than six weeks old) out of which he was spelling, with all his might, some of the leading points of a political essay. At this critical period the assemblyman was reminded by his vigilant son in the bow, of & break of a 'sawyer head'. 'Wait a minnit', said he, 'until I spell out this other crack-jaw; its longer than the barrel of my rifle gun', but the current of the Missouri was no respecter of persons or words, the 'river went ahead', and the boat ran foul of the nodding obstruction and was thrown on her beam ends. The next whirlpool turned her keel uppermost. The cargo was discharged into the bowels of the deep, and there his salt lost its savor. The negro, in a desperate struggle for life, swam for the shore, but the steersman, who, like a politician, detemained to stick to the ship as he would to his party, as long as a timber or a fish floats, continued to keep uppermost. Having divested themselves of their apparel to be in readiness for swimming, the father and son continued astride the keel until the wreck was landed at the town of Franklin. Here the old hunter, who was a lean citizen, was kindly supplied by a stout gentleman with a suit of clothes, which hung like the morals of the politician, rather loosely about him. The suiTerers by shipwi-eck were invited into the habitation of a gentleman who dwelt near the shore on which they had been cast.

"While recounting their perils at the breakfast table, the lady who was administering coffee, inquired of the politician if his little son had not been greatly alarmed. 'No, madam', said he, 'I am a real ring-tail painter, and I feed all my children on rattlesnakes' hearts, fried in painter's grease. There are a heap of people that I would not wear crape for, if they was to die before their time, but your husband, marm, I allow, had a soul as big as a court house. When we war floating, bottom uppermost (a bad situation for the people's representative) past Hardeman's garden, we raised the yell, like a whole team of bar-dogs on a wild cat's trail, and the black rascals on the shore instead of coming to our assistance, only grinned up the nearest saplin as if a buck possum had treed. Now, madam, I wish God Almighty's earthquakes would sink Hardeman's feet on this kivei'lid you have spread on the floor to keep it clean ; I'll go to the door - we don't mind putting anything over our puncheon floors.' 'The river, marm,' continued the guest, 'I find is no respecter of persons, for I was cast away with as little ceremony, notwithstanding I am the people's representative, as a stray bar-dog would be turned out of a city church ; and upon this principle of Democratic liberty and equality it was that I told McNair, when I collared him and backed him out of the gathering at a shooting match, where he was likely to spoil the prettiest kind of a fight. 'A governor,' said I, 'is no more in a fight than any other man'. I slept with Mac once, just to have it to say to my friends on Fishing River that I had slept with the governor."

There was no fixed and determined place for holding courts until 1832, when the first court house was built. Generally courts were held at the house of John Owens but oftentimes, the weather permitting, under the shade of trees standing in the present court house yard. The cost of the erection of the first court house was paid from the sale of lots in Liberty and from voluntary donations by the public. This building was built of brick. After a few years two brick offices were erected, one on the east and one on the west of the main court house. The accidental destruction by fire of the court house in 1857, led to the erection of the present edifice in 1858, one of the most convenient court houses in the state, yet it must be admitted that it is not now sufficiently commodious to meet the requirements of the increased population of the county. The vaults for the deposit of valuable records, books and papers in the different offices, county clerk, circuit clerk, probate, recorder of deeds, collector of the revenue are now completely filled with records and documents, and the time is at hand when provision must be made for the preservation of these valuables, and for the accommodation of others to come. A stone jail, the first built in the county, was built just north of the Presbytei-ian church in 1823, by Elisha Cami'on, at a cost of less than six hundred dollars. This jail served for the incarceration of criminals until 1853, when the present jails were placed in the court house basement. As a jail this stone building was demolished a few years ago. It was here that Joseph Smith, the Mormon, so-called prophet, Hiram Smith, his brother, Sidney Rigdon and other followers of the prophet were imprisoned. When these men were in jail here, an attempt was made by them to escape. As James H. Ford, deputy sheriff and ex-officio jailer, was opening the door of the jail one evening to hand to the inmates their supper, a rush to the door was made by several of the prisoners to make their escape and it was only by a timely shot and wounding of one of them was the escape of all the prisoners prevented. These prisoners were sent to Liberty for safe keeping, from Gallatin, in

Davies County, where they had been indicted for various violations of the laws of the state. Until the old stone jail was demolished, it was a kind of Mecca for faithful Mormons, especially that branch of Monnons from Utah, who came to see the old jail. Jake Hicks, the old time photographer of Liberty "reaped an annual harvest" from these followers of Joe Smith, for yeai's selling them pictures of the jail.

In the fall of 1823, a road had been established through the county to "the Council Bluffs and the following year another road was ordered laid out from Liberty to the Missouri River "at a certain blue bank" (Blue Mills Landing).

All that part of this county which lies between the line dividing Ray and Clay Counties to the sectional line running north and south, dividing sections 9 and 10, in the tier of tovmships in range 31, be and constitute Fishing River township.

All that part of the county which lies between said sectional line dividing sections 9 and 10, in townships 50, 51, 52, 53, 54, 55, 56 and 57, in range 31, be and constitute a new township to be called and known as Liberty township.

All that part of the county which lies west of said sectional line dividing sections 1 and 2, in townships 50, 51, 52, 53, 54, 55, 56 and 57, in range 32, to the western boundary of the county constitute and hereafter known and designated as Gallatin township.

August following the court changed these boundaries. The western boundaiy of Fishing River w^as made the section line between sections 2 and 3, in range 31, which is now (1920), the eastern line of Liberty. The western boundary of Liberty was made the line between sections 2 and 3 in range 32. a mile west of the present boundary of the township. Gallatin township comprised the western part of the county. All the townships extended from the Missouri River to the northern boundary of the state, each township about 100 miles in length.

The county court ordered a number of roads laid out in the early spring of 1825; one from Liberty to Thornton's feiry on the Missouri River ; another from Liberty to the Missouri River "at the boat landing at

A number of ferries across the Missouri River had been previously established and others were licensed during the year 1825, "from the bank near where Wyatt Adkins lives" ; one "from where Louis Barthelette now lives", as well as others. The rates were uniform : "For a loaded wagon and team, two dollars ; empty wagon and team, one dollar and fifty cents ; loaded car and team, one dollar; for a Dearborn and horses, or gig and horses, sixty-two and one-half cents; horses, each eighteen and threefourths cents ; man and horse, thirty-seven and one-half cents ; single person, eighteen and three-fourths cents ; sheep, hogs and cattle, three cents each".

The value of negroes at this early day may be approximated by an appraisement made of a number of slaves belonging to an estate: "Jiney, a cripple girl, thirty years old, $100 ; Anthony, Jiney's child, one year old, $100; Susan, fourteen years old, $300; Heniy, thirteen years old, $336; Isaac, twenty-five years old, $450 ; George, thirteen years old, $316. Other personal property had the following sworn values: A horse and sidesaddle, forty dollars ; cow and calf, seven dollars and fifty cents ; sow and five pigs, one dollar and fifty cents; sheep, each, one dollar; a flax wheel, three dollars; a cotton wheel, three dollars; flag-bottomed chairs, fifty cents each ; skillet, one dollar and twenty-five cents ; a good horse, twentyfive dollars.

Because steamboats began to make regular trips up the Missouri in 1830, Col. Shubael Allen established a warehouse and landing on his farm, near a ferry across the river operated by William Yates and the next year Colonel Allen obtained the ferry and operated it from the warehouse. Soon after the erection of this warehouse and landing, Allen's Landing became the shipping or starting point of a large number of the employees of the American Fur Company ; boats brought vast quantities of goods and merchandise which were taken by wagons to the northeastern part of the state. One informed wiiting of Allen's Landing has this to state: "Until Colonel Allen's death (1841), Allen's Landing was the main point of exit and entrance of nearly all the business and travel of Northwest Missouri, in its communication with the outer world by the river, and hence there were visible at that point a degree of activity and a multitude of commercial transactions utterly unknown in these days of the degener- acy of the river traffic in Missouri. It was for many years the starting point of a large number of the employees of the American Fur Company in their expeditions to the plains and mountains of the great northwest. The scene presented annually on the assemblage of these employees - embracing as it did, swarthy French voyageurs; tall, half-breed Indians, straight as arrows, and dressed in wild garbs; the display of aims of all kinds, the tents scattered over the lawn, the picketed animals, the manycolored garments - the scene was unique, semi-barbarous, but animated and highly picturesque." Colonel Allen was a colonel of militia, sheriff of the county and father of a family of sons, all of whom became very prominent, quite prominent not only in the county, but well known as men of more than ordinaiy intelligence and enterprise throughout the northwest part of the state ; two of the sons. Dr. J. M. Allen and Hon. D. C. Allen had reputations for ability eveiywhere in Missouri. A daughter was the wife of Major General Dyer, quarter-master general of the United States army. Col. Shubael Allen was born in the state of New York, went to Kentucky when a young man, remained in that state a short time, but sufficiently long to be made a Master Mason in 1819; came to Howard County, Missouri, married Miss Dinah Trigg, then removed to Clay County. A dastardly attempt to murder Mrs. Dinah Allen, widow of Col. Shubael Allen, was made early in the morning of April 1, 1850, in her house. About three o'clock that morning Mrs. Allen was aroused from sleep by a blow from an axe, she having been struck in the face with the sharp edge. She ran into the room of her sons, awakening them; she announced that she was bleeding to death. It was at first thought that the wound would prove fatal. The citizens were greatly aroused and persistent efforts made to discover the perpetrators. At last they were found out. Mrs. Allen OA\Tied a negro woman named Annice, upon whom suspicion rested. She was arrested and placed in jail. A few days thereafter she voluntarily made a confession, in which she implicated one Mc- Clintock, a white man living in Liberty. This confession was reduced to writing and published in the Liberty Tribune, in its issue of May 17, 1850, and was as follows: "Four days before the commission of the act, Mc- Clintock told me that there was a good deal of money in the house of my mistress and that I ought to kill her; that he would assist me; that we could get the money and with that we could go to California and that I would be his wife and be free. On Sunday night, the night of the com- mission of the crime, he came to the kitchen where I was sleeping, waked me up and we proceeded to the house. McClintock hoisted the window and got in the house and pulled me through the window after him. He approached the bed, found my mistress asleep and said to me, 'She lays right'. I took the axe which belonged to McClintock and made the lick. McClintock had the axe in his hand when I took hold. My mistress made a noise and we both ran out of the house; he went to his own house, a few hundred yards off and I went back to the kitchen and laid down on the bed."

After the confession of Annice, McClintock was arrested and placed in jail. - Recently and prior to this terrible attempt to assassinate one of the most prominent and popular women in the county, several attempts to commit murder of whites by negroes had been made and the concensus of opinion was that speedy justice must be meted out to the guilty, in order to remedy this condition of affairs. The day after the arrest and imprisonment of McClintock, a mass meeting of the citizens was held to determine what should be done in the preniises. Under the laws of the state no slave testimony could be taken in court and in this case, the only evidence was that of Annice. She was brought before the meeting assembled and face to face to McClintock firmly declared that he was the sole instigator of the attempted murder. No better class of men ever assembled to consider any matter and no men ever calmer and more deliberately considered any case than these citizens did this one. They knew that under the laws of Missouri, a slave like Annice could not testify in court; they knew there was no law for their action; but justice must be meted out; that the law was not adequate to bring to justice the perpetrators of this infamous crime; that an outrageous crime had been committed, and the guilty must suffer and it was so determined. A vote was being taken as to the guilt of Annice, when a cry was made, "Hang both of them! Hang McClintock too". The vote for hanging both of them was unanimously carried. They were hanged about a mile northwest of Liberty, near the road running from Liberty to Plattsburg, the old line road. The meeting was composed of all classes of citizens, farmers in large numbers, lawyers, doctors, merchants, mechanics and others. Its proceedings were endorsed generally by the best classes of citizens, though they admitted there was no law for their action and their course irregular. No attempt was made to interfere with them.

"In the month of December, 1829, I saw for the first time the county of Clay and the town of Liberty. I remember it well. I entered the county by way of Meek's (then Jack's) ferry, and I had not ridden more than a mile or two before I saw an opossum and I got off my horse and killed it.

"What changes have taken place since that day! The whole Platte Miountry was then inhabited by the Iowa, Sac and Fox Indians ; there were only one or two families in what are now Clinton, Dekalb, Gentry, Caldwell, Davies and Harrison Counties. Clay County was the ultima thule of Western emigration and Liberty was regarded as the paradise of Western towns. Compared to the neighboring towns it was so, for Richmond, Lexington and Independence scarcely deserved the name of towns and Plattsburg was not then in existence.

"In these days Liberty was a thriving town. It was the headquarters of the Upper Missouri, and Liberty Landing was the head of navigation, except occasionally steamboats would go up to Fort Leavenworth. There was no warehouse then at our landing. The arrival of a boat was announced by the firing of a cannon four or five miles below and by the time it reached Colonel Allen's all the merchants would be there, as well as half the town and neighborhood. Freight was high, but money was plentiful and everybody thought there was no other such a place as Clay County. The thought of ever being in want of a market for the surplus production of the county never once entered into any of our minds.

"The change is wonderful in this and the surrounding country since 1829. The Indians have left the Platte country and now there are at least three counties in it that contain as heavy a population as Clay, viz: Buchanan, Platte and Andrew.

"In 1830, an election for senator, representative and sheriff took place. I attended a muster at Judge Elisha Cameron's and heard the candidates speak. Jacksonism at that time was in its zenith and rode over everything else. A candidate had but little else to say besides declaring himself 'a Jackson man'. That was enough to defeat the best men who 'were opposed to Jackson. I recollect the speech of the famous "Neal" log and said: 'Fellow Citizens - I am a Jackson man up to the hub. I have killed more wolves and broke down more nettles than any man in Clay County. I am a candidate for sheriff, and I want your votes.' He then dismounted and a 'Hurrah for Neil' was given by the crowd. In 1832, the Jackson spell was somewhat broken, as the Clay County Whigs succeeded in electing Dr. Woodson J. Moss to the Legislature along with Col. Thornton. The Whigs have been in the ascendancy ever since."

Chapter Iv Indian Troubles

PROXIMITY OF INDIANS-THE YASSER FAMILY-INDIANS AT McELWEFVS PI.ACB -MARTIN PALMER-A FIGHT WITH INDIANS-TWO INDIANS KILbED-BUACK HAWK WAR-TROOPS ORGANIZED - THE "HETHERLY WAR".

In Close proximity to Clay County were a number of bands or tribes Of Indians, vet not hostile, no outbreaks or collisions between them and the pioneers until 1821. Several versions of a hostile character on the part of Indians toward the white settlers have been given, but the most authentic statement of the facts of the acts of a party of Indians dunng this year is as follows and as published by The National Historical

"Up in what is now the northwestern part of the county lived the Vesser familv. whose adult male members were not above suspicion in manv regards. Especially were they accused of frequently acquinng property by questionable means. Their fondness for horses was a peculiar weakness." On one occasion in the summei of 1821. they visited a camp of Iowa Indians up in the Platte country and carried away some horses belonging to the savages.

"It was some time in the month of August of that year, probably when nine Iowa Indians came down into the Clay County settlements to take reprisal for the horses stolen from them by the Vessers. To the southeastern part of the county, three miles northeast of where Missouri City now stands (northxvest quarter section 31. township 52, range 30), David McElwee had come from Tennessee the previous year and had built a house and opened a farm. At the time of the visit of the Indians, how- ever, he was back in Tennessee on a visit, having taken with him his wife and daughter, the latter now Mrs. Margai-et Howdeshell. He left behind to care for the house and farm his sons, James and William and his daughter Sarah, all young- unmarried people.

"The nine Indians came to Mr. McElwee's one evening and took three horses belonging to the settler fi-om the stable, and seized another which they were prevented from carrying off only by the stubborn and plucky interposition of young James McElwee. The Indians seemed greatly elated at the ease with which they had "got even" with the whites in the matter of horse stealing, and at once sent off the three captured animals in charge of two of their numbei', to the tribe. The other seven Indiana wont into camp for the night within fifty yards of Mr. McElwee's house.

"The young McElwees were in great terror to be sure. But when their father left he had charged them that if ever in danger from Indians they had only to let the nearest neighbor know of it, and they would soon be relieved. On this occasion they contrived to let Mi". Tom Officer know their situation, and soon the entire settlement was informed that seven Indians had already taken three horses from the McElwee young folks and were threatening them by their presence with further damage and injury.

"The Indians were a little startled by the appearance of the settlers, but stoutly maintained that what they had done was justifiable and altogether proper. Old Martin Parmer was not in a mood to discuss the principles of the lex talionis and its applicability to this case. He never let an opportunity pass to have a fight with the Indians. Two years befoi'e, in a fight of his own bringing on, down on the Wakenda, in Carroll County, he and his party killed three Indians and wounded a number more. His voice was always for war, or at least for a fight, when there was the smallest provocation.

presented his gun at Parmer, and cocked it, but before he could fire Parmer shot him dead. A fierce and stubborn httle fight then came off m the door-yard. Both whites and Indians ran to cover. Two of the Indians ran into the house where the ladies were, but seeing them commg. Miss McElwee ran out doors, and Mrs. Laney and Miss Crawford took refuge under a bed. The Indians outside were defeated and scattered, one of them being wounded. Those in the house closed the door tightly and bravely held the fort. But at last the whites climbed to the top of the house and began tearing away the roof, when the savages suddenly opened the door and sprang forth, hoping to escape by swift runnmg. ' Some of the settlers were waiting for them, and one was shot dead before he had gotten twenty feet from the door; the other escaped.

"The fight was over. Two Indians had been killed, and one, at least was wounded. Three of the unharmed survivors made their way in safety back to the tribe, but the remaining one was never heard of. It was believed that he, too, was wounded, and crawled off into the woods and died. The one known to have been wounded made his way to Fort Osage, where he was cared for until he recovered, and was then sent back to his tribe. ,

"When the two Indians were running into the cabin, WiUiam McElwee and his sister, Sarah, both attempted to run out. Miss McElwee got safely away, but one of the Indians struck at William with a tomahawk. Young McElwee threw up his arm to protect his head from the blow, but the weapon descending, cut off one of his fingers. This was all the injuries the whites received, though some of them heard bullets whiz uncomfortably close to their ears."

"It is believed that this is the first time the details of this incident have been published, and that this account is the only correct one ever given to the public. It has been derived from the statements of Mrs. Margaret Howdeshell. a daughter of David McElwee, and a sister of Sarah, William and James McElwee. She was living (1885), in Fishing River Township, and through her son Samuel, the facts above set forth have been learned.

Smith's sketch in a county Atlas refers to this incident as having occurred m 1820, and calls it "a skirmish which occurred that year in the eastern part of the county, and in which seven Indians were killed." Mr. D. C. Allen, author of the valuable and well written article on Clay

County, in Campbell's Gazetteer (1875), thus describes it: "In a skirmish in the southeastern part of the county, in 1820, seven Indians were killed ; another about the same time had his hand cut off in attempting to burst open the door of David McElwee's house."

The reader will see that both Mr. Smith and Mr. Allen were misinformed in regard to facts in the case. Mr. Allen's informants caused him to believe that not only were "seven" Indians killed in the "skirmish," but another row occurred in the same locality in which an Indian had his hand cut off, etc. The old settlers got the story mixed. It was William McElwee's finger which was cut off by an Indian, and this occurred in the only "skirmish" ever had with the savages in this county; and moreover only two or possibly three Indians were slain, not "seven." There were only seven Indians in the party.

In 1852, what is known as the Black Hawk War broke out in Wisconsin, and extended down into Illinois, between the whites and the Sacs, Foxes and Winnebago Indians, and it is believed that anmity extended to Mexico among all tribes, and that the war having broken out in Wisconsin, there would soon be an uprising of Indians against the whites, from the Great Lakes to Mexico. So great was this apprehension among the people of Missouri, especially the settlers in the northern part of the state, that the Governor of the state, John Miller, early adopted precautionary measures. On the 25th day of May, 1832, he ordered Maj. Gen. Richard Gentry, to raise, without delay, one thousand volunteers for the defense of the frontiers of the State, to be in readiness to start at a moment's warning. Other militia was organized ; two companies in Clay County, commanded by Capts. George Wallis and Smith Crawford, took the field. This battalion was under the command of Col. Shubael Allen, who marched northeast into the Upper Grand River country, scouting that region thoroughly. From Grand river the battalion moved westward to the boundary line, thence down the line to near Smithville, and came back by way of that town to Liberty, which they reached after an absence of thirty-two days. Not an Indian on the war path was seen, nor was even a friendly Indian encountered on the entire march. Thus ended, so far as Clay County is concerned, the Black Hawk War.

In the summer of 1836, an equally bloodless war occurred, so far as the soldiers of Clay County were concerned, known as the "Hetherly War." An old disreputable man named Hetherly had a family consist- ing of his wife, four sons, and a daughter. The old man and the soiis were noted as horse thieves, and the old woman and the daughter, equally well known as common strumpets, located a home in the northern part of Carroll County, then known as the Upper Grand River countrJ^ Thenhouse was a rendezvous of lawless charactei-s. In the month of June, 1836 a hunting party of Iowa Indians, from southern Iowa, came down the east fork of Grand River on a hunting expedition. As soon as the Hetherlys received information of the Indians' camping ground, they resolved to steal their horses, and cariy them do^^'n the river to some of the lower counties, and there sell them. The Hetherlys took with them on this visit to the Indian camp, James Dunbar, Alfred Hawkms^ and a man named Taylor, men of unsavory reputations for honesty, and who were equally bent on stealing as the Hetherlys. They were m luck, for after securing a number of ponies, escaped, taking them to the forks of Grand River, where they were overtaken by the Indians who opened fire on the theives, killing one of their number, putting to flight the thieves, and recovering their ponies. The thieves determined to go to the settlements, and report an uprising of the Indians against the whites, and as evidence of the fact, they stated the loss of one of their number. The news was at first believed and there was intense excitement throughout the country. A part of the story-that the Indians were m the country-was well known to be true, and the rest was readily believed. The general commanding the militia forces in the easterr. part of the state was Gen. B. M. Thompson, of Ray County, who ordered out several companies, among them two companies from Clay County, commanded by Capts. Wallis and Crawford, the same officers who led the Clay mihtia in the Black Hawk War. This battalion was commanded by Col. Shubael Allen After marching to Grand River, camping on its banks. General Thompson having investigated and ascertained that there were no hostile Indians in the state, ordered the troops to their respective homes. So ended the second bloodless war, so far as Clay County was directly concerned. .

In a short time it became kno%vn that the Hetherlys had committed the depredations and crimes against the Indians. Indictments were found a<rainst all the Hetherlys, and a separate indictment against Alfred Hawkins another of the thieves, in the Circuit Court of Carroll County. The sheriff of Carroll County, with the aid of a large posse, arrested the indicted parties, and incarcerated them in the jail of Ray county. October 27, 1836, in obedience to a habeas corpus, issued by the judge of the Circuit Court, John F. Ryland, in vacation, the sheriff of Ray County, brought into the Circuit Court, at Carrollton, the prisoners, all charged with the murder of one James Dunbar. They were not released, but returned to the custody of the sheriff John Hetherly, on the 7th day of March, 1857, were tried and acquitted of the charge. There being no sufficient jail in Carroll County, all the Hetherlys were sent to the Lafayette county jail, and Hawkins to the jail of Chariton County, for safekeeping.

It was evident to the circuit attorney, that unless some one or more of the criminals would testify against the defendants, no conviction could be obtained. This officer entered a nolle prosequi against the Hetherlys, and being discharged, by the court, Hawkins was placed on trial. Being ably defended, and the jury from the evidence adduced believing that the Hetherlys were the more guilty parties, failed to return a verdict of guilty, and the jury was discharged. Subsequently, at the November term of the court, Hawkins was again tried, found guilty, and sentenced to death. The sentence afterwards was commuted to twenty years in the penitentiary, where he died after serving about two years. From this time nothing is known of the Hetherlys.

Chapter Mexican War

DECLARATION OF WAR - PRESIDENT CALLS FOR 50.000 VOLUNTEERS - PLAN OF CAMPAIGN - MISSOURI REGIMENT - COMPANY C FROM CLAY COUNTY - ROSTER - FACTS ABOUT SOME OP THE OFFICERS AND MEN - COLONEL DONIPHAN IN COMMAND - OTHER OFFICERS - DONIPHAN'S EXPEDITION - MUSTERED OUT OF SERVICE - NECROLOGY - HOME COMING RECEPTION - POLITICAL EFFECT.

The annexation of Texas was the alleged cause of the declaration of war by Mexico against the United States in April, 1846, and a counter declaration by Congress was made, that "a state of war exists between the United States and Mexico." There was a strip of disputed territory lying between the Nueces and Rio Grande rivers, in Texas; the United States troops occupied this territory, when the Mexicans crossed the Rio Grande, with a large army, under command of two able generals, Ampudia and Arista. General Taylor had defeated these troops in their attack on the American forces at Palo Alto on the 8th of May, and at Resaca de la Palma, the day following, and these defeats were accomplished with great slaughter of Mexicans. The United States Congi'ess, in April, 1846, had passed an act authorizing the President to call into the war with Mexico 50,000 troops. The general commanding the American forces determined to attack Mexico at three different places; but changed his plans so that Major-General Scott, with a well appointed force, was sent to Vera Cruz; General Wood was ordered to effect a junction with General Taylor at Saltillo, and Gen. Kearney was ordered to divide his troops into three separate commands; the first to lead in person to the shores of the Pacific. A body of troops of about 1,000 Mis- souri volunteers, under the command of Col. A. W. Doniphan, was ordered to make an invasion of the State of Chihuahua, with the expectation of joining General Wood at the capital ; while the greater number of soldiers were to be left as a garrison at Santa Fe, under the command of Gen. Sterling Price. The original plan of operations against Mexico was as follows: A southern wing of the army or the "Army of Occupation," commanded by Major-General Taylor, was to strike directly into the heart of Mexico ; a column under Brigadier-General Wood, or the "Anny of the Center," to operate against the City of Chihuahua, and a command under Colonel Kearny, afterwards general, known as the "Army of the West," to march upon the city of Santa Fe.

The call of the President for 50,000 volunteers was promptly responded to; but only about 17,000 were required to enter Mexico. The rank and file of these three divisions of a small army, consisted mainly of young volunteers, chiefly sons of men living south of Mason and Dixon's Line; sons of men whose lineage could be traced to forefathers in Old Virginia. The assertion is made that in that army of invasion in Mexico there was more military genius, in embryo, which afterward developed into national reputations, and world renown, than any army, great or small, ever marshalled on the earth. Xerxes and his army of a million of men, no doubt developed many masterly soldiers. Napoleon with all his troops, and the combined armies of Europe, in the latter part of the eighteenth, and first decade of the nineteenth century, never produced as many masterful and able generals as commanded the forces of the Federal and Confederate annies, during the war between the states, nearly all of whom served as soldiers in the war with Mexico.

President Polk called on Govemor Edwai-ds, of this state, for a regiment of volunteers to join General Kearney's "Army of the West," then being organized at Fort Leavenworth. Governor Edwards called for a regiment of mounted volunteers, to which there was a prompt response. Clay County furnishing one company

I certify that the above is a true copy of the Muster Roll of this Company as mustered by Captain Allen, First Dragoons, June 7, 1846, except English W. Burton and Balor Jacobs, who were mustered into sei'vice by Captain McKissick, Q. M. Dept., June 25, 1846.

This company left Liberty, June 4, 1846, and marched to Fort Leavenworth, arriving there June 6, two days following. The company was discharged from further service, at New Orleans, La., June 21, 1847, by Samuel Churchill, Inspector General, Mustering Officer.

The following concerning nearly one-half of the above roster, was furnished WilHam E. Connelly, author of "Doniphan's Expedition and the Conquest of New Mexico and California," a most estimable work, by the late John S. Story, of whom praiseworthy mention has been made in another part of this volume.

Heniy T. Ogden, second lieutenant. A man of wonderful energy; full of life; nervous; had to be doing something; always playing pranks. Came to Clay County before the Mexican War; as a joke pretended for a day or two to be deaf and dumb ; a bright man, and well educated ; could quote from Shakespeare by the hour; often harangued the troops in a humorous vein; a favorite of officers and men; was a lawyer; lives now in Cincinnati, Ohio.

No. 21. Reared in Clay county ; family came to Missouri ; his father was a minister (Disciple or Christian) ; Everett was a devout Christian, and carried his religion clear through the term of his service; did not backslide, and had the respect of all the soldiers; read the Bible constantly.

No. 36. Father a Kentuckian; went to Califomia in 1849; became reckless there ; killed three men ; was killed ; no relation to Willard P. Hall.

No. 71. Kentuckian; had been five years in regular army; knew how to forage for food; would aid his stai-ving comrades to steal food from the commissary with great pleasure.

William Wallace, sergeant, and George H. Wallace, corporal, were brothers; sons of a noted character, who was an Indian fighter and freighter across the plains.