History and government of Missouri

Preface

The following chapters aim to give in reasonable compass the essential facts in the history and government of the state of Missouri. The author is fully aware that much of interest in the history of the state has been omitted and that many of the details of the state and local government have not been described. He has constantly kept in mind, however, the needs of those for whom this work is written, and also the limited amount of time in the public school curriculum that can be allotted to Missouri history and civics, and it is his hope that the book will fill its place acceptably in the work of the seventh and eighth grades or in the first year of the high school.

The real teacher will not be satisfied with the necessarily brief discussions in the text, but will seek all available material with which to vitalize the subject and increase the interest of the pupils. Throughout the work the teacher should appeal as often as possible to the actual knowledge and experience of the class. In the confirmation or illustration of the various topics this appeal will always prove to be very stimulating and the results in most instances will be quite satisfactory. The work will be much better, too, if the teacher has access to a few books which really iv PREFACE

supplement the text. The following list of books will make a very good reference list for this purpose.

Carr, Lucien, Missouri : a Bone of Contention. American Commonwealth Series.

Official Manual of the State of Missouri. Compiled and published by the Secretary of State.

Constitution of the State of Missouri, with all Amendments to igoj. Compiled and published by Sam B. Cook, Secretary of State.

Though the question .whether state or local government should be studied first does not seem to the writer a necessarily vital one, still it is believed that the order here followed is the natural and logical one and the soundest pedagogically. It is also the writer's view that any list of questions finds its chief usefulness in suggesting the attitude to be taken toward the text. They should never be followed slavishly or to the exclusion of spontaneous classroom discussion.

J. T. M.

PART I. HISTORY OF MISSOURI Chapter p AGE

I. Exploration and Settlement 3

II. The Territorial Period 10

III. The Development of the Commonwealth . . 15

IV. The Civil War and Reconstruction .... 26 V. The New Era in Missouri ........ 31

Part II. Government Of Missouri

VI. The State and its Constitution 41

VII. The Legislative Department 46

VIII. How Laws are Made 51

IX. Executive Department 56

X. Judicial Department 64

XI. County and Township Government 70

XII. Cities, Towns, and Villages 78

XIII. The Public School System 85

XIV. Elections and Citizenship 92

XV. Taxation and Revenue 99

XVI. Care and Maintenance of Highways .... 104

XVII. Land Surveys 11 1

XVIII. The State Institutions 116

V

Vl CONTENTS

Page

A. List of Important Dates 123

B. The Governors of Missouri 124

C. Battles of the Civil War in Missouri 125

D. Outline of the Constitution of Missouri .... 126

E. Senatorial Districts 141

F. Congressional Districts 143

G. Judicial Circuits 144

INDEX 147

PART I HISTORY OF MISSOURI

Chapter I Exploration And Settlement

Ponce de Leon, a Spanish adventurer, may be regarded as the forerunner of those explorers — both Spanish and French — whose labors first made known the interior of the American continent. As early as 1 5 1 2 he fitted out three ships in the island of Porto Rico and sailed from there for the mainland. He landed on the eastern coast of Florida on Easter Sunday, and as this day was called by the Spaniards Pascua de Flores (Holy Day of Flowers), the country thus discovered was given the name of Florida. This expedition did not affect the history of Missouri except in so far as his glowing accounts of the American mainland influenced other explorers to carry on the work thus pointed out.

Among those probably influenced by these exaggerated reports was Hernando de Soto, — a soldier of fortune who had been with Pizarro in the conquest of Peru. Having obtained from Emperor Charles V a commission to take possession of Florida, he sailed from Spain with a fleet of nine ships and six or seven hundred men. He touched at the island of Cuba — the original center of Spanish activity in the New World — and then proceeded to the mainland, landing in Tampa bay, Florida, in 1 5 39. For two years he marched through the country to the westward and northward, and on April 25, 1 541, he probably reached the Mississippi river a few miles below the present site of Memphis, Tennessee. Though his movements are very uncertain, it is thought that he crossed the Mississippi after a brief delay and pushed his way northward as far as the present town of New Madrid, Missouri. If this be true, De Soto was the first white man to reach the territory now comprised within the state of Missouri. On the return march in 1542 he died, and was buried in the great river that he had discovered.

For a hundred and thirty years after the death of De Soto there was no further exploration of the Mississippi valley. After this long interval the work was again taken up, but this time its leaders were the French from the north and not the Spaniards from the south, and it is largely to them that the credit belongs for the exploration and colonization of the interior of the continent. Many Frenchmen, inspired with the desire for gain, the love of adventure, or other motives, had settled in Canada along the St. Lawrence and the Great Lakes. From this colony as a base of operations the French missionaries and traders journeyed to the west and south, and perhaps these exploring expeditions are as interesting and dramatic as anything in American history.

The earliest of these expeditions was in 1673. In that year Father Marquette, a Jesuit missionary, and Louis Joliet, a fur trader, set out to find the great river to the west, of which they had heard so much from the Indians. They went through lakes Huron and Michigan to Green Bay, and thence up the Fox river and across the portage to the head waters of the Wisconsin. For a week they floated down this river, and finally, on June 17, 1763, they reached the Mississippi, which Father Marquette called the Conception. They descended the Mississippi as far as the mouth of the Arkansas river, and then, satisfied that the great river really emptied into the gulf of Mexico, they returned to Canada to give an account of their discoveries.

EXPLORATION AND SETTLEMENT 5

A few years later La Salle sought to secure the Mississippi region for France. In the Illinois valley he built a fort (Crevecceur) near the present site of Peona, and from here sent part of his men under Father Hennepin to explore the upper Mississippi. It was not until a third "tempt that La Salle succeeded in exploring the lower Ssippi. He reached the mouth of the river m AprJ ,68- and at once took formal possession of the whole region drained by this stream and its tributaries. In honor of°his king, Louis XIV, he named the territory Louisiana. Somewhat later La Salle made an attempt to fortify the mouth of the Mississippi and to hold the valley agamst the enemies of France. But his fleet sailed beyond the mouth of the river and landed on the coast of Texas. Diss nsions arose, La Salle was murdered (.687) by one of h, men and the movement resulted in failure. The work of Z explorer, however, deserves a worthy place m the hiso y of American discovery and colonization. And, besides hisWy was actually followed by the French through the founding of Mobile in .702 and of New Orleans in 1718.

From lower Louisiana the French sent expeditions into the territory of the later state of Missouri. In 1703 Iberville, the governor of Louisiana, ordered Le Sueur to march westward from Kaskaskia in search of the precious metals He reached the mouth of the Missouri river and ascended this stream as far as the mouth of the Kansas (Kaw) river. By reason of these explorations the French may have taken formal possession of the Missouri and its tributaries, but very little is in reality known regarding this expedition

In 1719 the French authorities in New Orleans dispatched Dutisne to explore the interior of Missour, He ascended the Mississippi until he reached the mouth of the Saline, about ten miles below the later town of Ste.

Genevieve. From this point his course is described as being northwesterly through a very rough region. He reached the Osage river, advanced to the prairie country to the westward, and finally, reaching the Missouri river, he proceeded to take possession of the whole region in the name of his king. In the following year the Spaniards in the southwest fitted out an expedition for the purpose of driving the French out of this territory, but the movement was a complete failure. One result, however, is seen in the attempt of the French to establish a post on an island in the Missouri river above the mouth of the Grand. Bourgmont built a fort here in 1724 and tried to bring about peace among the various Indian tribes, but in both respects his attempt was a failure.

In the meantime Louis XIV, king of France, had encouraged the settlement and development of New France. In 1712 he granted to Anthony Cruzat the monopoly of the Louisiana trade for a term of fifteen years. But after five years of fruitless effort Cruzat returned his commission to the crown. Under the Regency in France the financial situation had become very deplorable, and money was needed to pay even the current expenses of the government. At this time, consequently, was organized the Company of the West, with great power over the Louisiana territory. John Law, a- Scotchman, was at its head, and his schemes for a time promised great results. But the bubble soon burst, and in 1731 the charter of the company was surrendered to the crown.

About the year 1730 two brothers, Francis and Jean Baptist Valle, came from France and settled in Fort Chartres, an important French post on the Illinois side of the Mississippi. They frequently crossed the river to trade with the Indians in Missouri, and, as they were favorably

EXPLORATION AND SETTLEMENT 7

impressed with the country, they finally concluded to establish a trading post on the west side of the river. This settlement, Ste. Genevieve, founded in 1735, was the first permanent settlement in the state. The present town is about three miles from the old site, the removal being made necessary by the great flood of 1785.

In this period, also, the mining industry was begun in the state. In 1720 Renault, the son of an iron founder in France, came to Fort Chartres with two hundred miners and five hundred negro slaves. In prospecting to the west of the Mississippi, near the site of St. Genevieve, Renault discovered large quantities of lead. It is believed that the La Motte mine, still in operation, was opened up by him. During their stay in Missouri these miners discovered a wonderful cavern with numerous passages, in which there were millions of pounds of lead ore. This cavern — called the Valle mine in honor of the founders of St. Genevieve — is still one of the richest lead-producing mines in Missouri. At that time, however, the industry was not further developed and the rich mines of southeastern Missouri were not reopened for a* hundred and fifty years.

Near the close of the French and Indian War France ceded the whole Louisiana territory to Spain. The next year, however, that portion to the east of the Mississippi, with the exception of New Orleans, was ceded by France to Great Britain by the Peace of Paris (1763). For a time the cession to Spain was kept a secret for political reasons. A French merchant named Laclede obtained permission in 1763 to trade with the Indians of Missouri. Coming from New Orleans, he pushed his way northward from Ste. Genevieve and, on February 15, 1764, established a trading post below the mouth of the Missouri. This settlement, destined to become so important, was called St. Louis in honor of the king of France. In the following year, when it became known that Fort Chartres had to be given up to the British, many of the French crossed to the west of the Mississippi and took up their residence at St. Louis. From that time on the new settlement grew rapidly, and was in reality the capital of upper Louisiana.

From 1762 to 1800 a succession of Spanish governors ruled over the country west of the Mississippi. Their rule is said to have been a sort of mild and beneficent despotism. They got along well with the Indians. In 1780 an attempt of the British and their Indian allies upon the town of St. Louis was repulsed with some loss of life. On the whole, the country was prosperous and new settlements were rapidly established.

The extent of this development is well shown by the census taken in 1800 by De Lassus, the last of the Spanish lieutenant governors for upper Louisiana. The entire population was given as something over six thousand, distributed among the various settlements as follows :

Ste. Genevieve St. Louis . .

St. Charles New Madrid .

New Bourbon Cape Girardeau

949 925

875 782 560 521

St. Andrew 393

Marius des Laird . . . 376

St. Ferdinand 276

Carondelet 184

Meramac 115

Little Meadows .... 72

Thus by the year 1800 we find the settlement and development of the upper Louisiana territory well under way. The introductory period of our history may be regarded as ended, and after the close of the period of Spanish rule we shall find events moving rapidly towards the formation of the state of Missouri.

EXPLORATION AND SETTLEMENT 9

1. What was the influence of Ponce de Leon on later exploration ?

2. Trace the march of De Soto. What important discovery did he make? Has he any connection with Missouri history?

3. What nation really explored the Mississippi valley ? Look up a brief account of the French in Canada.

4. What motives influenced the French explorers? What is the importance of the journey of Marquette and Joliet ? Can you trace their route ?

5. What did La Salle accomplish? Look up his career.

6. What is the importance of Le Sueur's expedition ? of that of Dutisne ? What was the first attempt at settlement in Missouri?

7. What can you find out about the Company of the West (Mississippi Company) ?

8. When and where was the first permanent settlement made in Missouri ?

9. Give an account of the beginning of the mining industry.

10. Why is the year 1 763 important in American history ? Explain the cessions of territory made in that year. Who got the territory that is now Missouri ?

11. When and by whom was St. Louis founded? What influence led to its establishment ?

12. What was the character of the period of Spanish rule ? What does the census of 1 800 show ?

Chapter II The Territorial Period

We have seen that in 1762 France had given to Spain the city of New Orleans and all of the Louisiana territory west of the Mississippi river. In 1800, under pressure from Napoleon Bonaparte, Spain again transferred this territory back to France. It was intended that this transfer should be kept secret, but it soon became known in both Europe and America. The United States at once began to protest against the French occupation, as it was felt that the free use of the Mississippi river was absolutely necessary to the development of Tennessee, Kentucky, and, in fact, the entire western portion of the country. These protests might have been of no avail had it not been for the renewal of hostile relations between France and Great Britain. These facts, together with Napoleon's need of money, led to the proposal to sell to the United States the whole Louisiana region. After some negotiation the United States readily accepted this proposition and agreed to pay $15,000,000. Thus, in 1803, the title to the territory passed to the United States, and as a result its area was more than doubled.

It was further agreed that this territory should be incorporated into the Union as soon as possible and be given all the rights and privileges belonging to the older states. The following states were included in this cession and in due time became integral parts of the federal Union : Louisiana, Arkansas, Missouri, Iowa, Nebraska, North

THE TERRITORIAL PERIOD II

and South Dakota, Montana, and parts of Minnesota, Wyoming, Colorado, Kansas, Oklahoma, and Texas. Missouri was the first of the states west of the Mississippi to be admitted, and, as we shall see, was destined to become the most important.

The transfer of upper Louisiana to the United States was made at St. Louis on March 10, 1804. In the same year Congress divided the whole territory into two districts for judicial and administrative purposes, that portion north of the 33d parallel being called the District of Louisiana. It was attached at first to the Territory of Indiana, but in a short time it was granted separate officials and its title was changed to the Territory of Louisiana. In 181 2 the Territory of Missouri was organized and William Clark was appointed as its governor. Four years later Missouri was given more extensive rights of self-government and thus received training for statehood.

From 1 8 16 to 1821 Missouri was a territory of the third and highest class. The governor was appointed by the President of the United States and possessed the power of absolute veto. In addition, there was a legislative council and a house of representatives. The territory was divided into five counties, namely, Ste. Genevieve, St. Louis, St. Charles, Cape Girardeau, and New Madrid. By the time of the admission of Missouri as a state the number of counties had increased to fifteen. Each of these counties elected members to the territorial house of representatives, and the entire territory sent a delegate to Congress. St. Louis was the capital. Here the territorial legislature met and passed the laws necessary for the regulation of the affairs of the territory.

In the meantime the settlement of the territory was going on with considerable rapidity. As early as 1795

Daniel Boone came from Kentucky to Missouri in search of a new home and settled in what is now Warren county. He died at St. Charles in 1820. During the territorial period many immigrants came from Kentucky, Tennessee, and other southern states, a large part of whom settled in the central part of the state. In 1807 a settlement was made on Loutre island above St. Charles. Three years later a hundred or more families, mostly from Kentucky, settled at or near Franklin in Howard county, which became for a time the most important interior settlement in the state. In 181 3 several rude forts were built near the boundary line of Boone and Callaway counties in the Boone's Lick country, so called from the fact that two sons of Daniel Boone manufactured and shipped salt from this place to the settlements farther clown the river. These immigrants were of sturdy character and have left their impress upon the localities in which they settled. Englishspeaking settlers also poured into this new land west of the Mississippi from the region between the Great Lakes, the Ohio, and the Mississippi. In 18 12 the population of Missouri was probably 25,000; in 1821 it had increased to more than 70,000. This increase in population encouraged the legislatures of 181 8 and 18 19 to petition Congress for admission to the Union as a state.

The story of the struggle over the admission of Missouri as a state is a long one and occupies an important place in the history of the nation. It marks the beginning of that serious sectional divergence over the question of slavery which was destined later to culminate in a civil war between the states. For two years and a half there was a bitter struggle in Congress over the question of admission, and even then it was settled by a compromise which promised ill for the future.

THE TERRITORIAL PERIOD 13

For years it had been the settled policy of Congress to maintain a balance of power between the free and the slave states. After the admission of Illinois in 18 18 there were eleven free states and ten slave states in the Union, but the speedy admission of Alabama restored the political equilibrium. This was the situation when Missouri applied for admission presumably as a slave state and thus threatened to give the South the preponderance. The petition of Missouri was favorably reported, but an amendment was proposed by Tallmadge of New York prohibiting the extension of slavery into the proposed state. After a long struggle the application of Maine for admission as a state in 18 19 made possible a compromise. This compromise, known as the first Missouri Compromise, provided for the admission of Maine as a free state and left Missouri free to decide for slavery. It was further agreed that slavery should be prohibited in all other territory of the United States north of the southern boundary of Missouri.

The struggle, however, was not yet ended. The state constitutional convention met at St. Louis in 1820 and framed a constitution which permitted slavery. But one provision of this constitution declaring for the exclusion of free negroes from the state aroused the North and resulted in a second deadlock in Congress. It was only after the arrangement of a second compromise measure that Missouri was finally admitted as a state. The terms of the agreement were that Missouri should be admitted, provided the legislature of the state passed a solemn act that the objectionable clause should never be construed as denying constitutional privileges and immunities to the citizens of any state. This act was passed, and on August 10, 1821, President Monroe issued a proclamation declaring the admission of Missouri as a state into the federal Union.

1. What change in the ownership of Louisiana territory in 1800? Why did the United States protest ?

2. Why did Napoleon sell Louisiana? What is the date of the Louisiana purchase ? By reference to the map show how much territory was added to the United States.

3. What provision was made for the government of the new territory? What change in 181 2? in 18 16?

4. Explain how a territory of the highest class is governed. What was the territorial capital of Missouri ?

5. What was the nationality of the new immigrants to Missouri? In what portions of the state did they settle ? Compare the population in 1 81 2 and 1821.

6. Why is the struggle for the admission of Missouri important? What is meant by the balance of power between free and slave states ? What was the situation in 1818? in 1819? What were the terms of the first Missouri Compromise ?

7. Why did Congress object to the new state constitution ? How was the controversy finally settled ? When did Missouri become a state ?

Chapter III * The Development Of The Commonwealth

In 1820, at the time of the adoption of the proposed state constitution, the people of Missouri were also called upon to elect their state officials, and thus set in motion the machinery of the new government. Alexander McNair was elected as the first governor and William H. Ashley was chosen as lieutenant governor. The other more important state officials held office through appointment, until, later, the constitution was so amended as to make these positions elective. In September of the same year the legislature met in St. Louis to elect the two United States senators from Missouri. David Barton was elected without opposition, but there was an extremely bitter contest over the other place. Finally, Thomas H. Benton was chosen by a majority of one vote. Barton served in the Senate for twelve years. Benton served for thirty years, and came to be regarded as one of the strongest men at the national capital. It should be noted that the state government was actually in existence for a year before the state was formally admitted to the Union.

St. Louis was the first capital of the state, but on account of the settlements in the interior it proved to be somewhat inconvenient as a meeting place. In 1821 the capital was therefore changed to St. Charles. But as this place was open to the same objection as St. Louis, the legislature finally decided to choose a new location that would be accessible from all parts of the state. Accordingly, in 1822, commissioners were appointed to select the site. The constitution provided that it should be on the Missouri river within forty miles of the mouth of the Osage, and thus the commissioners decided upon the bluff overlooking the Missouri river, where the capitol now stands. The place was called Jefferson City in honor of Thomas Jefferson, the third President of the United States, during whose administration the Louisiana Purchase was made. The capitol was destroyed by fire in 1837, and in the following year the older portion of the present building was erected. In 1896 the people of the state voted down an amendment to change the capital of the state to Sedalia.

When Missouri was admitted as a state the northern portion was inhabited by the Indians. In 1824 White Cloud and other prominent chiefs went to Washington and made a treaty in which they agreed to give up all their lands in Missouri. The consideration was an annuity of five hundred dollars for ten years. The land thus acquired is said to have amounted to something like two million acres. The Indians moved westward into the region now comprising the northwestern part of the state.

At that time the western boundary of Missouri was a line running due north from Kansas City to the Iowa line. The triangular strip of territory between this line and the Missouri river was a very fertile region and was much desired by the Missourians. A treaty was made with the Indians in which they agreed to sell the territory and to move further west into the later state of Kansas. Senators Benton and Linn succeeded in getting an act passed through Congress in 1836 which added this valuable territory to the state of Missouri. This region — known as the Platte purchase — comprises the counties of Andrew, Atchison, Buchanan, Holt, Nodaway, and Platte. The fact that

DEVELOPMENT OF THE COMMONWEALTH 17

this acquisition was in violation of the Missouri Compromise does not seem to have aroused any controversy.

As we have seen, Missouri entered the Union as a slave state in 1821. But here, as in various other states, there arose a strong sentiment in favor of the gradual abolition of slavery. Many of the prominent leaders of the state favored some plans proposed in 1828, and it is said there was a fair chance of their success. But just at this time stories were published which declared that a New York abolitionist had entertained some negroes in his home, and whether true or not this report made it impossible to carry out the proposed plans. Somewhat later the feeling of the people regarding the question of abolition is revealed by the treatment of E. P. Lovejoy at St. Louis. In 1833 he began the publication of a newspaper at that place, and his violent language on the slavery question aroused great opposition. After considerable trouble with the people of St. Louis he decided that it was unsafe to remain there, and so he moved to Alton, Illinois, which was in free territory. Here his office was later destroyed, and Lovejoy himself was killed.

Between 183 1 and 1840 there was serious trouble with the Mormons who were attempting to settle in the state. Joseph Smith, their leader, came to Independence, in Jackson county, in 183 1, entered several thousand acres of land, and announced the building of a holy city for his followers. A newspaper was published by them in the following year, and as it promised great things for the Mormons and violently denounced all Gentiles, the result was a strong spirit of hatred between the two classes, which soon led to open conflict and the expulsion of the Mormons from Jackson county. In 1833 they were driven across the Missouri river into Clay, Carroll, Ray, Daviess, and Caldwell counties.

In Caldwell county they laid out a town called Far West, and in 1837 began the erection of a great temple. Here they were joined by many converts to the new faith, especially from the eastern states.

Though many of these people were enthusiastic and industrious and did much to develop their lands, still many causes of conflict arose between them and their Gentile neighbors. The chief objection was perhaps due to the acts of the more lawless element among them. Soon serious conflicts arose, as at Dewitt in Carroll county and elsewhere, and finally Governor Boggs called out the state militia to enforce the laws against them. After a skirmish at Haughn's Mill, in which eighteen of the Mormons were killed, they surrendered to the authorities and were compelled to leave the state. Their leaders were held for trial, but were acquitted in 1840. From Missouri the Mormons went to Illinois, but continued trouble with the Gentiles led to their final removal to Utah.