22                      HISTORY OF CLAY COUNTY

ture, notwithstanding the decision and order of the board of commis-
sioners to proceed at once to rebuild on the same site, the relocationists
went to work vigorously and voluminous petitions were poured into the
general assembly, praying for a location at or near the center of the
county. Oliver Cromwell and George W. Donham, re-locationists, were
then the representatives from Clay in the lower house, with James M.
Hanna, an anti-relocationist, in the senate. A bill was passed by the
lower house favorable to the petitioners, but when sent to the senate,
where it met the opposition of Mr Hanna, it was defeated. A resolution
then adopted by the general assembly to restrain the board from further
proceedings in the premises until the people should determine the matter,
failed of its object.
    In 1852, Daniel Dunlavy was elected to the lower house and Michael
Combs to the senate, to represent the county in the first general assembly
under the new constitution, which met in session, January, 1853. At this
session, on the 14th day of March, a bill was passed to relocate the seat
of justice for Clay county, providing for the appointment of a committee
of five disinterested citizens of adjoining counties to select the site.
William K. Edwards, William Allen, Isaac W. Denman, Burr McGrew
and John Johnson constituted the commission. They met at the house
of George Moss, on Birch creek, the second Monday of April following,
and thence proceeded on their mission, putting down the stake on the
Hyland place, a short distance south of the Lower Bloomington road, a
mile and a half west of Birch creek, then belonging to William Kennedy,
but under contract to Joshua Modesitt. To meet this exigency and defeat
removal, the anti-re-locationists brought suit in the Clay Circuit Court, the
cause being entitled, “Shallum Thomas et al. versus Isaac W. Denman
et al.,” which was then appealed to the supreme court, where the act was
declared unconstitutional and void. In 1857, or early in 1858, C. W.
Moss laid out the town of Ashboro, although the record does not show it
to have existed prior to July, 1860, and platted a public square of ten
acres, donated to the county for the purpose of public buildings, on condi-
tion that it should be so appropriated within three years. In December,
1858, a public meeting was held at Ashboro to discuss re-location to this
site. But nothing formal seems to have grown out of this meeting. In
1860, public sentiment and necessity demanded a new jail, and, counter to
this movement, was then inaugurated the first formal effort in favor of
Ashboro. During the following winter, the county was canvassed with
petitions, and 1,635 signatures obtained. At a special session of the board
of commissioners, convened March 12, 1861, to advertise for bids for the
building of a new jail, the re-locationists presented the petitions, repre-
sented by George D. Teter, the opposition being represented by George W.
Wiltse. The petitions were withdrawn on the ground that they did not
represent two-thirds of the qualified voters of the county. The filing of
the petitions at this time, which was, virtually, a protest against the further
appropriation and expenditure of county funds in making public improve-
ments at Bowling Green, did not have the effect to delay the action of
the board in the matter of a new jail building, as the contract was let on
the 22d day of April following, for the sum of $3,750, to Wingate &
Black, who erected the two-story brick jail house, which is still standing
and occupied as a dwelling. The board of commissioners at that time
were William Eaglesfield. of the first district, Absalom B. Wheeler, of the
second district, and Levi L. Osborne, of the third district. In February,