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Historical Review HISTORICAL REVIEW OCTOBER 1961 Death of General Lyon, Battle of Wilson's Creek Published Quarte e State Historical Society of Missouri COLUMBIA, MISSOURI THE STATE HISTORICAL SOCIETY OF MISSOURI The State Historical Society of Missouri, heretofore organized under the laws of this State, shall be the trustee of this State—Laws of Missouri, 1899, R. S. of Mo., 1949, Chapter 183. OFFICERS 1959-1962 E. L. DALE, Carthage, President L. E. MEADOR, Springfield, First Vice President WILLIAM L. BKADSHAW, Columbia, Second Vice President GEORGE W. SOMERVILLE, Chillicothe, Third Vice President RUSSELL V. DYE, Liberty, Fourth Vice President WILLIAM C. TUCKER, Warrensburg, Fifth Vice President JOHN A. WINKLER, Hannibal, Sixth Vice President R. B. PRICE, Columbia, Treasurer FLOYD C. SHOEMAKER, Columbia, Secretary Emeritus and Consultant RICHARD S. BROWNLEE, Columbia, Director. Secretary, and Librarian TRUSTEES Permanent Trustees, Former Presidents of the Society RUSH H. LIMBAUGH, Cape Girardeau E. E. SWAIN, Kirksville GEORGE A. ROZIER, Jefferson City L. M. WHITE, Mexico G. L. ZWICK. St Joseph Term Expires at Annual Meeting, 1961 WILLIAM R. DENSLOW, Trenton FRANK LUTHER MOTT, Columbia ALFRED 0. FUERBRINGER, St. Louis GEORGE H. SCRUTON, Sedalia GEORGE FULLER GREEN, Kansas City JAMES TODD, Moberly ROBERT S. GREEN, Mexico T. BALLARD WATTERS, Marshfield Term Expires at Annual Meeting, 1962 F C. BARNHILL, Marshall *RALPH P. JOHNSON, Osceola FRANK P. BRIGGS Macon ROBERT NAGEL JONES, St. Louis HENRY A. BUNDSCHU, Independence FLOYD C. SHOEMAKER, Columbia W. C. HEWITT, Shelbyville ROY D. WILLIAMS, Boonville Term Expires at Annual Meeting. 1963 RALPH P. BIEBER, St. Louis LEO J. ROZIER, Perryville BARTLETT BODER, St. Joseph W. WALLACE SMITH, Independence L. E. MEADOR, Springfield JACK STAPLETON, Stanberry JOSEPH H. MOORE, Charleston HENRY C. THOMPSON, Bonne Terre EXECUTIVE COMMITTEE The thirty Trustees, the President and the Secretary of the Society, the Governor, Secretary of State, State Treasurer, and President of the University of Missouri constitute the Executive Committee. FINANCE COMMITTEE Five members of the Executive Committee appointed by the President of the Society at each annual meeting of the Executive Committee constitute the Finance Committee. L. M. WHITE, Mexico, Chairman ELMER ELLIS, Columbia GEORGE A. ROZIER, Jefferson City W. C. HEWITT, Shelbyville T. BALLARD WATTERS, Marshfield •Deceased Missouri Historical Review RICHARD S. BROWNLEE JAMES E. MOSS Editor Assistant Editor Published Quarterly by THE STATE HISTORICAL SOCIETY OF MISSOURI VOL. LVI OCTOBER 1961 No. 1 The Missouri Historical Review is published quarterly at 119 S. Elson Street, Kirksville, Mis­ souri. Send communications and change of address to The State Historical Society of Missouri, Columbia, Missouri. Second class postage is paid at Kirksville, Missouri. The Review is sent free to all members of The State Historical Society of Missouri. Membership dues in the Society are $1.00 a year or $20 for a life membership. The Society assumes no respon sibility for statements made by contributors to the magazine. CONTENTS Page COURTROOM ORATORY OF THE PIONEER PERIOD. By Frances McCurdy 1 JOURNAL OF THE CIVIL WAR IN MISSOURI: 1861, HENRY MARTYN CHEAVENS. Edited by Virginia Easley 12 CHAMP CLARK, THE "LEATHER-BOUND ORATOR." By Hollis L. White 26 THE 1912 SINGLE TAX CAMPAIGN IN MISSOURI. By Norman L. Crockett 40 LETTERS FROM THE BATTLE OF LEXINGTON: 1861 53 A NEW LOOK AT THE ANDERSON HOUSE AND THE CIVIL WAR BATTLE OF LEXINGTON STATE PARK. By Leonard F. Haslag 59 AN ANNOUNCEMENT BY THE EDITOR. By Richard S. Brownlee 69 HISTORICAL NOTES AND COMMENTS Members Active in Increasing the Society's Membership 71 New Members in the Historieal Society 72 Missouri News 76 Local Historical Societies 80 Anniversaries 85 Monuments and Memorials 86 Honors and Tributes 87 Notes 87 Obituaries 96 Historical Publications 99 MISSOURI HISTORY NOT FOUND IN TEXTBOOKS 107 THE HARRY S. TRUMAN LIBRARY Verso Back Cover HAMILTON R. GAMBLE Back Cover THE COVER: General Nathaniel Lyon fell at the head of his outnumbered troops in a desperate and bloody fight at Wilson's Creek on August 10, 1861, while lead­ ing a charge against the Confederate forces under General Ben McCulloch and General Sterling Price. Knowing the enemy had the advantage, Lyon's situation appeared hopeless to him but he saw no alternative except to fight. Lyon lost his life and the Union lost a capable general but Missouri was saved for the Union since the Confederates failed to follow up their victory. The cover illustration first appeared on the front page of Frank Leslie s Illustrated Newspaper, August 24, 1861. COURTROOM ORATORY OF THE PIONEER PERIOD *BY FRANCES McCURDY A story, popular in the pioneer period of Missouri, concerned the mode of burying lawyers. A gentleman who complained of the expense of burying a relative who was an attorney was told by a friend that lawyers were never buried in the city where he lived. They were simply laid out at night in a room with the window open and the door locked, and next morning they were always gone. To the gentleman's amazed question of what happened, the friend answered that he did not know exactly, but there was always a strong smell of brimstone in the room the next morning.1 Despite the verbal attacks on members of the bar, Missourians held lawyers in high esteem. An old saying in Missouri was that if a family had several sons, they guided the dullest toward preaching and sent the brightest to study with a lawyer. Lawyers dominated the legislature, represented the citizens in Congress, held many of the state executive offices, and served as spokesmen for their less articulate fellows on special occasions. Pioneer Missourians traveled miles over rough roads to attend the court sessions to see the judges and hear the lawyers plead. By their frequent attendance at the trials, Missourians became thoroughly familiar with procedure; and that many of them could have served capably as judge or attorney if they had had the opportunity is borne out by the comment of a New England visitor who was ''perfectly astonished" at the ability of a Missouri farmer who acted as defense lawyer in an extra-legal trail on board a river boat.2 Everything about the courts interested Missourians, but the high point of the sessions was the oratorical display. Men treasured the memory of stirring forensic pleas, as did James Williams, an early settler, who sixty years later recalled walking to court to hear the ''matchless oratory" of Alexander Doniphan,3 a Liberty, Mo., lawyer and also a hero of the Mexican War. To Missourians the *Mrs. Frances McCurdy, Ph.D., is an assistant professor of speech at the University of Missouri. xJefferson City Jefferson Inquirer, June 12, 1847, 3. 2Otis Adams, "St. Louis in 1849," Bulletin of the Missouri Historical Society, VI, 3 (April, 1950), 372. 3James Williams, Seventy-Five Years on the Border (Kansas City, Missouri, 1912), 30-31. 1 2 Missouri Historical Review terms lawyer and speechmaker were almost synonomous. In the French and Spanish era, orator had been the word used to designate a petitioner in a suit, and as late as 1819, attorneys in Missouri called themselves orators} Though their use of the word was not intended to indicate eloquence, the lawyers' superiority in speech- making was generally acknowledged—and sometimes feared. The Missouri lawyer made his pleas in no paneled courtroom. As late as 1841 the court at Springfield, Missouri, convened in the shade of a tree on the bank of a stream.5 The earliest courthouse in St. Louis was a tavern on the river bank; the second, an old fort on a hill; the third, a little one-story frame house on the west side of Third Street; and not until 1827 did the people of the principal city in the state build a courthouse.6 In Montgomery County a log house served as a combination courtroom and jail, and when it was not in use as a temple of justice, it sheltered sheep.7 In Gasconade County Judge David Waldo held court in a one-room log house in which all the inhabitants ate and slept. Judge Waldo, also a lumber­ man, physician, soldier, justice of the peace, sheriff and postmaster, would wait until the table was cleared of food, take his seat in an old-fashioned split-bottomed chair, and conduct the county's legal affairs.8 Witnesses and visitors were as lacking in decorum as the legal chambers were deficient in furnishings. A contemporary observed that when court convened, scenes "often occurred to make Dame Justice smile."9 The description of a courtroom said to be typical of the West told how frontier spectators whistled, cracked walnuts on the old-fashioned stove, and whittled away at the tables and chairs. One man in the audience, ". a double-fisted fellow . appeared desirous to get a fight; 'hell's afloat, and the river's risin', said he, T'm the yaller flower of the forest; a flash and a half of lightening; a perfect thunder gust, Who wants to fight?'"10 4Franklin Missouri Intelligencer and Boons Lick Advertiser, November 19, 1819, 4. 5Charles Yancy to Mary Bedford, November 28, 1841, Charles Yancy Papers, Western Histori­ cal Manuscripts Collection, University of Missouri, Columbia, Missouri. 6 J. Thomas Scharf, History of St. Louis City and County, from the Earliest Periods to the Present Day: Including Biographical Sketches of Representative Men (Philadelphia, 1883), II, 1514. 7Mrs. A. H. Drunert, "Historical Spots of Montgomery County," The Missouri Historical Review, XIX, 1 (October, 1924), 155. 8Scharf, History of St. Louis, II, 1513. 9Columbia Missouri Intelligencer and Boons Lick Advertiser, August 16, 1834, 1. 10Jefferson City Jeffersonian Republican, July 23, 1842, 1. The writer of the article gives the names of the judge of the court as Judge Coalter.
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