Note: Arthur B. Caldwell was a retired attorney who spent the last part of his life researching the Caldwell family of Franklin County and elsewhere. He was a direct descendant of Kinkead Caldwell. He lived in Chevy Chase, Maryland but traveled to do his searches. He sent a copy of this paper to The Caldwell Researcher in 1982. He is now deceased.

When the first explorers and settlers entered the land that would later become Franklin County, Missouri, they found a fertile wilderness. An early settler said it was covered with peavine, brush, rushes, buffalo grass, and every variety of growth and flowers. (1)

Long before the explorers arrived, Indians roamed and hunted the ridges and valleys of the land near the Meremac and Bourbeuse (pronounced burboy) rivers. Osage Indians met the white man, but they were not the first people in the land. Burial mounds were found all over the county by settlers. Only remnants of bone and flint, copper and calcedony arrows and spear heads were found. According to Goodspeed's History of Franklin County, Missouri (page 215) an old burial ground was found on a bluff of the Missouri River when the county was first settled. None of the graves were more than 4 1/2 feet long and all were lined with rock. The Osage Indians believed it to be the burial ground of a race preceding the Indian.

Spanish and French explorers were the first white man to enter Missouri. According to local legend, the first white visitors to the area were two Spaniards, last survivors of Desoto's expedition. Remains of an old Spanish fort were found near the confluence of the Meremac and Bourbeuse rivers.

French explorers and traders under La Hontan explored the Missouri River as far as the mouth of the Osage. The French named Dubois and Boeuf Creeks. Labaddie Creek was named for a French trader (L'Abaddie) who settled in St. Louis in 1769.

White settlers began entering the area in the latter part of the 18th century. Houck's History of Missouri places William Hughes at Dubois Creek in 1794; John Sullins on Boeuf Creek in 1799; John Long on St. Johns Creek in 1797; Leonard Farrow on Fox Creek in 1799; and James Pritchett on Boeuf Island in 1800. (2) (Note: Farrow = Farrar, JMc)

Indians attacked a few of the early settlers at Point Labaddie, before bowing to the inevitable. Two early settlers at Point Labaddie, Ephraim Richardson and George Pursley were driven away by the Indians.

Kinkead Caldwell was the first white settler within the present boundaries of Franklin County. He built his home about a mile above the mouth of St. Johns Creek in 1803. (3) His land grant was 710 arpents or "French acres," in Section 6, Township 44, Range 1 West.

Other American settlers entered the county very shortly after Caldwell, and many famous explorers passed near the early settlements.

The Lewis and Clark expedition passed Franklin County on their way up the Missouri river to the Pacific in 1804. As they sailed by Tavern Rock and camped near a French village called St. Johns on May 24, 1804, they were either on or very near Kinkead Caldwell's original homestead land which bordered on the River at that point.

In 1809 the English explorer and naturalist named Bradbury came to study the Missouri valley for the Botanical Society of Liverpool. When Bradbury passed near the mouth of Boeuf Creek he contacted John Colter and asked him to be his guide. Colter had gone with Lewis and Clark, but he didn't want to go on another trip. He had just married and wanted to stay in his new home with his bride.

What kind of people were the early settlers? According to C.S. Jeffries who came to Franklin County as a small boy with his family in 1819, the settlements were confined along the Missouri River. They grew corn, wheat, cotton, tobacco and flax, but for home consumption only. Most of their farm implements were built of wood and rawhide without any iron.

Women manufactured clothing at home from flax, cotton, and wool. They only used about 5 yards of calico in a dress rather than the 25 that became popular in the 1870s. The families did most of their trading in St. Louis. Only necessities were purchased using venison, hams, wild turkeys and furs for barter. Cut money was used also. Since coinage was scarce, Spanish dollars were cut into eight or nine pieces for change.

Doctors were few, and snake bites and other ills were treated by homemade corn whiskey. Legal disputes were taken care of when a judge or lawyer happened by and set up court in an old barn for a couple of days. Traveling Methodist and Baptist preachers took care of the settlers spiritual needs.

"The people were honest," said Jeffries, "And here let me bear testimony to the truth that a more honest hospitable people was not to be found anywhere. One would be ashamed to have a lock on his door among such a people. They had neither locks nor bars. They had their hunting and bear dogs--noble and watch dogs to guard off the thief." (4)

The great Kentucky and Tennessee migration began to move up the valley of the Missouri river before 1800. One of the earliest of these immigrants was Daniel Boone who, in 1795, left Virginia and moved to Missouri, or "Upper Louisiana," as it was then called. At this time, and for several years thereafter, "Upper Louisiana" remained under Spanish rule. On January 24, 1798, Boone received a concession of 1000 arpents of land in the Femme Osage District (now St. Charles County). He entered into an agreement with the Spanish government to bring 100 families from Kentucky and Virginia to "Upper Louisiana" for which he received another 10,000 arpents of land, but when the U.S. Government purchased the Territory, he could not prove his title and he lost his land. (5)

Kinkead Caldwell was one of those taking part in that migration of people from Kentucky. According to Houck's History of Missouri, he settled on the Missouri river near St. Ferdinand in 1799. (6)

According to family records in possession of some of his descendants, one of Kinkead Caldwell's daughters, Lucinda, was born near St. Ferdinand (now known as Florissant, Missouri.(7) This family version states that the baby girl was born in a covered wagon, part of a caravan carrying Kinkead and his family further up the Missouri River where they finally settled on the southern bank of the Missouri River almost directly across the river from Marthasville in what is now Warren County. It was near Marthasville, that Daniel Boone finally settled and about one mile southeast of Marthasville, Boone selected the summit of a beautiful knoll as the spot he wanted to be his final resting place where he was buried in September 1820. (8)

Goodspeed's history states on page 221:
. . . There is a large number of surveys and grants made by the Spanish authorities before the Louisiana Territory was transferred to the United States and afterward confirmed by the Congress of the United States." Kinkead Caldwell's first land grant in Section 6, Township 44, Range 1 West, was one of those grants. That confirmation by the U.S. Government did not occur until twenty years later.

That Kinkead became active in the governing of the community is revealed in the American State Papers (9) as well as the Territorial Papers of the United States compiled by Carter (10) and available in the National Archives in Washington, D.C.

On March 3, 1807, Congress passed a statute, (2 Stat.441) which prescribed certain additional requirements to secure approval by the U.S. Government of claims to land made by the early settlers. Among other things, the new law required three years of cultivation and the area claimed must be "not less than a square mile."

On page 384 of Vol. XIV Territorial Papers, there is a memorial of the inhabitants of the Territory directed to the U. S. Land Commissioner protesting the requirements of this new law. Among many signers appears the name of both Kinkead Caldwell, as well as his son, Andrew Caldwell.

Edward Tiffin, commissioner, General Land Office, St. Louis, Mo., forwarded to Congress a report dated December 1, 1812, which contained the list of claims of land upon which the Commissioners had taken testimony and refused to approve or grant confirmation. On page 544 of Vol. 2 American State Papers, appears a report of Kinkead Caldwell's claim for "seven hundred arpents of land situate in District of St. Louis."

The testimony taken on September 6, 1806, reveals that one William Clark was sworn and "says that about the month of October, 1804, he was on the land; that claimant was then actually settled on the same, and he had formed a camp; that he saw a large patch of turnips growing on it, and took some which he ate." Apparently the Commissioners, Lucas, Penrose, and Bates were not impressed for they voted not to confirm the claim but required further proof.

On October 11, 1809, another survey #278 was approved, however, and Kinkead and Asa Music were issued certificates jointly to 593 arpents and 22 perch. (11). The original of this survey is on file in the National Archives and an outline sketch describes the land as in "T46 and 47 No. Range 5 & 6W." The land patent No. 245 was not dated, however, until Nov 5, 1823.

In December 1805, Kinkead and many others signed a petition to the President of the United States expressing confidence and satisfaction, "in the services of the Administration of our Governor, General Wilkinson." (12) and the following year Kinkead's name appears on another "Memorial to the President" in which signers endorse "Return Col. J. Meigs, Jr. and Col. Samuel Hammond, either whom, should they meet your approbationm," as successor to General Wilkinson.

On July 14, 1806, the Secretary of the Territory of Louisiana, sent to the President of the United States "a list of all the Officers, Civil and Military, now holding appointments under authority of the Governor of the Territory." In the list of Officers of the Militia for the District of St. Louis, Company No. 8 was in charge of Captain Kinkead Caldwell, James Musick, Lieutenant and Alexander Clark as Ensign. (13)

On May 11, 1812, even before Kinkead had obtained U.S. confirmation of title to the plot of land he received from the Spanish government in 1803, he entered into an agreement with Isiah Todd to sell Todd, "100 arpents or French acres" along the Missouri river when his title was confirmed by the U.S. Commissioner or Congress of the United States. This agreement is recorded on page 31 of Volume "A", Deed Record Book in Recorder of Deeds, Franklin County, Missouri.

In the Executive Proceedings of Missouri Territory, dated October 1, 1813, (14) there appears a list of "Civil appointments" by the Governor of the Territory of Missouri from the 1st of April until September 1813. Under date of April 9, appears: "Kinkead Caldwell, a Justice of the Peace for Township of Labaddie, County of St. Louis, for four years unless sooner removed."

In April 1812, the Territory of Orleans was admitted into the Union, according to Violette's History of Missouri, (15) this seemed to furnish Congress an occasion to change the name of the Territory from that of Louisiana to Missouri, and to raise it to the second rank of territories. This resulted in the creation of a legislature of two houses one of which was composed of representatives to be elected every two years. The other body was a council of nine members selected by the President.

The representatives were to be elected for two years by the people, one for every 500 free white male inhabitants until the number of representatives should reach twenty five.

The first session of the Missouri Territory Legislature met on December 7, 1812. Houck's History (16) states that the second General Assembly of the Territory met in St. Louis on the 5th of December, 1814. The number of representatives under the new census was twenty and all members were present on the first day, including the five representatives from St. Louis County, whose names were Barnabas Harris, Richard Caulk, William C. Carr, Robert Simpson and Kinkead Caldwell.

Kinkead's earlier attempts to secure confirmation of his survey #1922 consisting of 603, 99/100 acres in Township 44, Range 1, West was finally approved and certification made by Frederick Bates, Recorder of Land Titles for Missouri's Territory. The original patent was signed by President James Monroe on March 22, 1823, and recorded on pages 118 and 119 in Vol. 4 - Office of Commissioner - General Land Office. (17)

H. G. Kiel's Centennial Biographical Directory of Franklin County, Missouri, states that Kinkead Caldwell secured title to Section 5 of Twonship 44, R2W on March 22, 1823. (18)

Franklin County had been organized on December 11, 1818 out of the Western part of the old St. Louis District. It was named for Benjamin Franklin. (19) According to H. G. Kiel's Directory, Kinkead Caldwell became county judge in 1821.

The first settlement in this area was known as Washington Landing on the Missouri River. the first man to obtain a license to operate a ferry across the river was John Caldwell, son of Kinkead, who got his license on August 22, 1822. (21)

Although the county was organized in 1818, there are no available records of the census taken of the population in 1820. (22) However, Goodspeed's history gives the population of Franklin County for 1821 and the subsequent census totals as follows: (25)

The first county seat was Newport but on January 25, 1825, three commissioners were appointed by the State Legislature to select a spot for a permanent seat of justice near the center of the county. They finally selected the place where Union now stands. The town was laid out in 1826 by Bracket Barnes and Moses Whitmore on land belonging to Reuben Harrison and Nathan Richardson, and its selection was finally ratified by the legislature on January 27, 1827.

On November 16, 1822, Kinkead sold to Lear Maupin, also of Franklin County, a tract of land in St. Johns Township "granted to the said Caldwell by the Spanish Government and confirmed in his own name and on which he now lives . . . containing twenty-six acres and 1/2 and twenty five poles be the same more or less." For this tract of land, Kinkead received $60.00. In the copy recorded in the office of the Recorder of Deeds of Franklin County. (24) Caldwell's first name is spelled Kincaid in the first line of the deed but in the remainder of the deed as well as the signature at the end, his name is spelled: Kinkead.

On March 25, 1824, Kinkead married Mary Clark, "widow of Samuel Clark of the State of Illinois." The ceremony was performed by Lewis Williams who was described as "A lawful ordained minister of the Gospel". (25) This was Kinkead's second marriage, therefore, it must be assumed that Sarah Ramsey, appears in earlier deeds on file in the Recorder of Deeds Office of St. Louis, MO. (26)

On May 25, 1825, Kinkead and his 2nd wife, Mary, "granted bargained, and sold" to Samuel Caldwell a certain tract or parcel of land . . . being part of the tract the said Kinkead now lives on." The consideration was "the sum of one dollar to us in hand paid." The tract was 101 acres in size. Samuel was one of Kinkead's sons by his first wife. Witnesses to the signature of Kinkead and his wife Mary's "X" mark were Polly R. McDonald (Samuel's sister) and Isabel Campbell. The justice of the peace before whom the deed was signed was Jessie McDonald, Polly's husband. Although signed on May 25, 1825, it was not recorded until September 5, 1825. (27)

Jesse McDonald was not only one of the early justices of the peace, but he was otherwise prominent in the community and the son-in-law of Kinkead.

'

Kinkead's marriage to Mary Clark did not last long. Whether Mary died or was divorced, the records do not reveal, but on August 10, 1826, or a little more than four years after his marriage to Mary Clark, the records show that he took a third wife, named Polly Cantly. This marriage was performed by a justice of the peace, Armstrong Hart, who never got around to recording it until September 22, 1828.(28)

Polly Cantly was a member of the Cantly family who were also early settlers in Franklin County. Goodspeed's history of the county states that one of the earliest land entries was made by Samuel Cantly who made his entry on Section 18, Township 44, Range 2 West on July 13, 1818. (29) But Kinkead's married life with Polly Cantly was even more brief than his earlier marriage to Mary Clark. The homeymoon was hardly over before Kinkead became seriously ill and Dr. Elijah McLean, local physician, was called to his bedside on September 27th. Dr. McLean continued to attend the ailing Kinkead by visiting him at his home on 12 occasions from September 27th until October 19, 1828, when Kinkead passed away. He did not leave a will. His son-in-law, Jesse McDonald, was appointed administrator of his estate.

Among the settlement papers was an itemised bill from Dr. McLean for $33.00 covering his services and medication. Cause of death was not revealed, nor was his age at death, but it is apparent that Kinkead lived a full and active life, married three times, and must have reached a mature age.

Polly Cantly Caldwell, Kinkead's widow, executed a paper dated January 6, 1829, in which she listed all the personal property of Kinkead's which she, as his widow, was keeping for herself. This was a list of numerous items of furniture, clothing, bedding, two hoes and one cow. Total value of $127.00.

The proceeds from the remaining personal property were distributed by Jesse McDonald to six of Kinkead's heirs who were listed as follows:

Absent from this list of heirs was the name of another daughter, Polly R. McDonald, the wife of Jesse McDonald, the administrator of the estate.

In the disposition of the proceeds from sale of personal property, each heir signed a receipt for his share and these receipts, as well as other administration papers, are on file in the Probate Court records of Franklin County. (30)

Andrew Caldwell's receipt, written in his own handwriting reads:"
"Received of Jesse McDonald, Administrotor of the estate of Kinkead Caldwell, deceased, the sum of fourteen dollars and forty cents in full of my divident of the personal estate of my father, Kinkead Caldwell deceased, this 11th day of December 1834.

Among the settlement papers is an inventory of Kinkead's real property described as: "A tract of land, the remainder of a tract of land on which the deceased resided at his death. "Title derived from the Spanish Government and confirmed by the United States in his own name situated on the Missouri river in County of Franklin, Missouri, Range 1 West of 5th principal Meridian, Township 44 North. Quality of first rate, with 50 acres under cultivation with dwelling and out houses and small orchard supposed to be about 375 acres.

17. Note: The original patent signed by the President was never sent to Kinkead. Instead it was filed with the survey in the U.S. Land Office and is now in the National Archives in Washington.

22. National Archives Special List of Population Schedules show 1820 census records for this territory as "missing."

26. Deed dated Nov. 27, 1804, to Thomas Mason, signed by "Kinkead Caldwell and wife, Sarah Ramsey." Deed Book A, pp. 202-203.