CAPE GIRARDEAU EXPERIENCED ORDERLY GROWTH IN ITS EARLY DAYS

While many American cities developed slowly and experienced crises before orderly forms of government were established, Cape Girardeau was spared such trammel.

The city moved from the Colonial period, which began with the French and Spanish, and ended with Commandant Louis Lorimier. It progressed without serious difficulty into the Territorial period, when the town was laid out and surveyed by Lorimier's secretary, Barthelemi Cousin. Lots were sold in 1806, and the first step to becoming a city began.

Unfortunately, the growth of the small river site came to a stop when Lorimier died in 1812, and the conditions of his will and unclear titles to land convinced the governing body that it would be wiser to select a new place for the county court.

The county court of government purchased land in 1814 from William Henry Ashley and his wife Mary, and the site was designated Byrdtown. The name of the town was then changed to Jackson. Land for the county site was enlarged by the purchase of plantation land from four families in the immediate area.

When the steamboat trade began to develop, Cape Girardeau took a fresh breath and the town became active again. This third change began in 1835. It is to be remembered that during the slow years, before the city was incorporated on Feb. 24, 1843, there was still business and much activity in Cape Girardeau. The difference was that state and county business was conducted in Jackson at the County Courthouse.

Just as the family household must be regulated to operate smoothly, so must a state, but with more detailed regulations and laws. The articles of incorporation of Cape Girardeau were signed by W.W. Marmaduke, president of the Senate, and Sterling Price, speaker of the House of Representatives.

The first action taken was to establish the boundaries of the town and to specify that "the residents shall be and they are hereby constituted a body politic and corporate."

Some of the articles included such provisions as the salary of the mayor, who was vested in the power and control of the city, at $200 annually, and a city council of seven members who were to serve without pay.

The city was to be divided into wards for the election of councilmen. The election was to be held the first Monday of April 1843, and the first Monday of April each year thereafter.

The articles stated that the councilmen should hold four meetings each and every year on the first Mondays of May, August, November and February. But they provided the mayor "may on extraordinary occasions convene the board of councilmen by proclamation stating to them, when assembled, the object for which they are convened."

The regulation of slaves was given and other acts that were necessary to run a well-managed city, as well as the protection of the residents of various wards with a patrol.

The court system established in Missouri has always been interesting. When the land that was Louisiana was obtained, the laws were those of the French and Spanish, and they remained on the books. To these, U.S. laws were added based on English law.

The new area attracted the attention of many young lawyers, especially those from Virginia and North Carolina. They flocked to Missouri and began to establish their offices. They were not familiar with the Spanish or French laws that the residents of the territory had known as "rules to adhere to," and consequently it became immediately necessary to establish a court system.

Here in Cape Girardeau, the territorial government was vested in the Court of General Quarter-Sessions of the Peace, which became operational on March 19, 1805. The court convened at "Aunt Ellen Wright's home" on the southeast corner of Themis and Middle. It was a log house built by George Henderson, a lawyer.

Christopher Hays was the presiding judge commissioned by Gov. Harrison. Those serving on the court were Louis Lorimier, Thomas Bellew, Robert Green, John Guething, John Byrd and Frederick Limbaugh, all associate judges. Joseph McFerron produced his commission as clerk of the court and John Hays as sheriff.

The following persons, according to Louis Houck, composed the first grand jury: Henry Sheridan, James Earles, Joseph Waller, John Taylor, Daniel Harkelrode, Louis Lathem, John Paterson, Matthew Hubbell, Elijah Whitaker, Ithamar Hubbell, Martin Rodney, Samuel Pew, James Boyd, William Boner, John Abernathy, Samuel Randol, James Currin, Robert Crump, Samuel Bradley, and Frederick Bollinger.

In 1813 all the courts except the justice courts were combined to form a Court of Common Pleas, which thus had authority over criminal, civil and probate matters, as well as being the administrative agency for the county. In 1816 two circuit courts were organized in the state, and the Court of Common Pleas was absolved. This was the greatest concentration of judicial and administrative authority ever existing in Missouri.

The names of the men who served the court system in Cape Girardeau are given because many of their descendants are today residing in Cape Girardeau. This seems to indicate the love of the area that in 200 years has remained steadfast.