Page:History of Southeast Missouri 1912 Volume 1.djvu/222

 16S HISTORY OF SOUTHEAST MISSOURI scribes his land. In the proposition to fur- nish the timber for the public buildings, he says that it is to be taken otf his land any- where "between Thome's creek and the Shawnee Path." The land on which timber was to be reserved for the people of Cape Girardeau is described as bounded on one side by a line from the mouth of Thome's creek and the intersection of his boiuidary line to the Sha^mee Path, and on the other side by the town and the river. This proposition of Lorimier was accepted by the commissioners and the governor issued a proclamation fixing the permanent seat of justice at Cape Girar- deau. In January, 1806, the court of quarter sessions appointed the following commission- ers to lay off the town and locate the site of the public buildings: Anthony Hadeu, Ed- mund Hogan, Christopher Hays, Robert Hall and Benjamin Tennille. Other commission- ers were appointed to let the contract for the erection of a jail and court house. At the next session of court Commissioner Haden presented a plan of the town as laid off ; three acres of the pviblic square was divided into lots and sold. Ezekiel Abel bought lot No. 1 for $62.00, John Scott bought lots 2 and 4 for $77.00 and $89.00, Joseph Meterron lot No. 5 for $62.00, and John Risher lot No. 6 for $69.00. The public square thus left con- sisted of one acre which was cleared by order of the court. The jail was completed in De- cember, 1806. It was built of oak timber and was 12x25 feet. It was never satisfactory as a jail, having been very poorly built. The grand jury reported in 1812 that prisoners did not stay in jail, but simply passed through it. The courts of common pleas and general quarter sessions of the peace were super- seded in 1813 by a court of common pleas with a jurisdiction equal to both the former courts. At the same time Cape Girardeau coimty was formed in the place of the Dis- trict of Cape Girardeau, and it was deter- mined to establish a new seat of justice. For a short period of time, in 1814, the court* were held in Bethel Baptist church on Hubble creek, about one and one-half miles south of Jackson. It was on the plantation of Thomas Bull. In 1815 the circuit courts were organ- ized and the court of common pleas abolished. The circuit court, as then con.stituted, had jurisdiction over both civil and criminal mat- ters, over all probate business, and was also vested with the oversight of county affairs. Its jurisdiction was thus about as extensive as that of the present circuit courts, the probate courts and the county courts combined. This court held its first session in the house which is now the residence of Mrs. Schmuke. This was in May, 1815, and Hon. Richard S. Thomas, judge of the southern circuit, was on the bench. The general assembly had appointed as commissioners, to establish the new seat of justice, John Davis, John Sheppard, S. G. Dunn, Abraham Byrd and Benjamin Shell. These commissioners selected as a site, a piece of ground then belonging to William H. Ash- ley on Hubble creek. They purchased fifty acres of this land, and the house then stand- ing on it was used as a court house. In 1818 another building was erected for the purposes of the court. It was a frame building, large and rough, and cost $2,250, and was built by John Davis. The jail cost $1,400, and was destroyed by fire in 1819 ; it was immediately replaced by another which was erected by William L. Byrd. The to^^l of Jackson itself was located in 1815. This was just after the battle at New Orleans, and the town was