Anderson Co., TX - "A HISTORY OF PALESTINE" ***************************************************************** Contributed by: East Texas Genealogical Society P. O. Box 6967, Tyler, TX 75711 Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ***************************************************************** Typed and Proofed by Beverly Bailey Odom Submitted by: Beverly Bailey Odom [This history is in a small booklet found at the Palestine Public Library. Its origins are not entirely clear, but it appears to have been written about 1878 by Capt. P. S. Allen, a Confederate veteran, and Jim Mears. In 1928 the booklet was donated by R. S. Marsh to the local chapter of the Daughters of the Republic of Texas, who in turn donated it to the Library. The title page is missing. An 1877 City Directory for the City of Palestine is also bound into the same booklet.] ***************************************************************** A HISTORY OF PALESTINE In 1842 the people of Nacogdoches County, Texas, which then embraced a large scope of country, including the present Nacogdoches, Houston, Cherokee and Anderson Counties, found that their large territory was becoming unwieldy and inconvenient for holding courts and elections, and in view thereof the present site of Anderson County was set apart as a separate county, to which the name of Burnet was given, for convenience in judicial management. Fort Houston, a small place, which was first settled in 1836 by a company of men from Nacogdoches, and which now exists only in name, two miles south of Palestine, was selected as the county seat, and Burnet County bid fair to become a fixed fact, courts being held, taxes assessed, marriage licenses issued, etc. The county seat, then well and widely known as the headquarters of a company of pioneers who fought in the terrible struggles with the Indians and Mexicans in 1838, began to improve, and had not the fair dream of hope been dispersed, Palestine would still have been the cotton field it was of yore, and the “horny handed sons of oil” would, after the toilsome journey behind the plow, over our streets and squares, have repaired to the flourishing town of Fort Houston for his periodical allowance of trade and gossip, and tell the denizens there assembled how high the cotton grows on Avenue A, what a splendid crop of goobers would be raised on Church street, etc. But man’s propositions are often vain, and the people of Burnet County had not long to wait to learn that the “principalities and powers” of a county were not of the first rank, even though said county’s “vox pop.” assert its might. The Supreme Court of the Republic, in 1845, declared that all counties organized for judicial purposes were unconstitutional, and all transactions of such illegal and void. Then the anathemas the people bestowed on the Supreme Court were numberless. Triumphant suitors in the County Court found themselves again at the starting point, people who were married under the arrangement were placed in an embarrassing position and many other aggravating situations were discovered. Judge W.H. Ochiltree, of the district court, then in session at Nacogdoches issued an order in accordance with the decision of the Supreme Court and claimed all the original territories of Nacogdoches county. Great indignation existed among our pioneer fathers at this time, and a number of remonstrances were sent in, but without avail. Burnet County arose in its might and sent Mr. Alexander E. McClure, the Chief Justice of the county, who was known to many of our old citizens, to Nacogdoches with a remonstrance, fully signed, against the decision of Judge Ochiltree. The Judge learning that Mr. McClure was in town on this mission sent him word that he had better not present the petition, as it would be considered a resistance of the law, and it would probably end in Burnet county’s Chief Justice being committed to jail, and so the indignation of the people was spent upon the wind. Those married under the Burnet regime, after a short time, were bound by the strong slip noose of the law, and soon the people were again treading the old paths of the Nacogdoches government. The year 1846, which was so important a period for the whole State, made also the change desired by our people. The county of Anderson was created by t first Legislature of the State of Texas. Then came the question, “Where shall we build our county seat?” Fort Houston, having once enjoyed that distinction, claimed it as a birth-right but just then up stepped another candidate for the honor, viz: Mound Prairie. John Parker, James Box and Micham Main were appointed a board of Commissioners, to secure and lay out a location for the county seat, and in pursuance of their duty, proceeded to entertain the various offers made. Fort Houston and Mound Prairie each offered a site for the court house and about half the vacant lots in either place. William Bigelow and J.R. Fulton owned five hundred acres of land, partly under cultivation, where Palestine stands, and near the Palestine female academy grounds they had a small log house in which they kept a country store. Being an ambitious couple, they conceived the idea of advancing their interests by making an effort to secure the location of the county seat at their wayside store, and therefore they offered the commissioners one hundred acres of land on which to build the county town. This offer was not at first favorably received by the board, and they had nearly decided to pitch the tent of Justice under the inviting wings of the fort – refusing Mound Prairie on account of its unhealthy location – when an act of the Legislature was passed, as some suppose by the influence of the citizens of Mound Prairie, declaring that the county seat of Anderson county should be located within three miles from the center of the county. This suspended the decision of the board until the survey of the county, which was then being carried on by a Mr. McDonald, should be completed. This was done in a short time, and the center was found to be on the farm of Mr. A.J. McFarlane, about two miles north of Bigelow & Fulton’s store. A direct line was then run from the center to Fort Houston, and the very closest calculation made the distance three and a quarter miles. Thus Fort houston lost the county seat by a quarter of a mile. The commissioners then accepted the proposition of Bigelow & Fulton, and employed Mr. Johnston Shelton to survey and lay out the town, which duty he performed, and the map was filed in the county clerk’s office in August, 1846. Mr. Micham Main gave the name, Palestine, to the embryo city, in honor of his native town in Illinois, from which he emigrated, to place his influence and his life upon the side of right and justice in the great struggle for the independence of the peerless, the long star State. Could the fastidious visitor who now rides into Palestine in the ease and luxury afforded by palace coaches, and over our streets in elegant carriages, have looked upon the place then a rough and rugged sight would have met his view. Already the populace of Fort Houston were transferring their goods and chattels to the county seat, and ‘business’ was written on every sturdy brow. The ‘square’ was not then, as now, bounded by buildings, but was only staked out by the engineer, while here and there a rough and ready building modestly showed its crown above the brush and weeds. The equestrians of the day did not ride over improved streets, nor had the especial comfort of pedestrians been looked after by arranging nice walks and crossings. An incident will show how one horseman found the situation anything but pleasant in every sense: Our townsman, Mr. A. Joost, who was one of the first settlers, rode out on a spirited pony, and passing near where our city of the dead now stands, an object in the dark wood frightened the nag, and presto! The scene changed – the pony cantered along proud and riderless, while the pioneer merchant rode ignobly on the lap of mother earth. It was no extraordinary occurrence, ‘tis true, and yet who knows but what the poor animal saw there over the intended graves of our people the ghost of the great future, and heard the noise and din with which it would be accompanied – the shrieking and snorting of the iron horse, the clanking, clinking, groaning and banging of the machinery, the ding dong of church and school bells, and the rumbling, rolling, lumbering of carts wagons, and drays – and if such was possibly the case, who could blame the poor, unsophisticated country horse for being frightened? And who knows but what it was the same ghost that Mr. J. addressed when he arose rubbing his nether limbs and talked so excitedly, apparently to the very trees that lined the roadside? But a short time elapsed ere Palestine assumed the semblance of a town. A building was erected near the middle of the north side of the square by Mr. John Mallard, in which district court was first held November 9th, 1846. In 1847 a court house was erected on the “Calhoun corner.” opposite the Hunter Hotel. In this courts were regularly held until the court house that now stands in the square was built. The new town soon assumed considerable importance as a mercantile point, and merchants flourished from the first. The first store was started by Mr. A. Joost, at the same place where he yet continues in business; closely succeeding him, however, stores were opened on different parts of the square by business men from the surrounding country. Mr. Tom Scott, from New Orleans, opened a store in 1847, on the northwest corner of the square, giving it the name, “steamboat corner.” Mr. Scott here kept a bar room without the presence of a bar keeper, where any one might go at will and choose from well filled bottles and drink the liquor his palate most desired, without money and without price. As may be well imagined, the evils of this system were soon manifest in the community. This corner, now owned and conducted by Mr. H.C. Swanson, still retains the name given it by Mr. Scott, though the bar room was, long since, banished. Palestine was, in old times, deficient in good hotels, though she now has the best in East Texas. The first hotel was situated on the north side of the square, near the court room. This was used exclusively by the traveling public for nearly a year, when Mr. Joseph Parker built a hotel on the south- west corner of the square, which soon became known as “greasy corner.” The first county election was held July 13th, 1846, and the following officers were chosen: Darius H. Edens, chief justice; Peyton Parker, sheriff; Alexander E. McClure, district clerk; and John Grigsby, county clerk. The duties of the county clerk were not apparently very arduous at the beginning; even marriages were not sufficiently numerous to keep him busy issuing licenses. The first marriage license issued by him authorized “any minister of the gospel, having the care of souls,” or other proper officer, to solemnize the rites of matrimony between James M. Martin and Mrs. Martha M. Metcalfe, and was issued August 20th, 1846. This matrimonial writ was “executed” the same day by a justice of the peace. After this the matrimonial market showed signs of depression, and our enterprising clerk took advantage of the apathy to take a better half, and accordingly the second license on record authorized John Grisby and Miss Martha C. Moore to see more of the happier part of human existence than either had experienced, from and after August 29th, 1846. This town has enjoyed its scenes of roughness, as most places in the Empire State have done. Gambling was carried on extensively, and its votaries flourished like a “green bay tree” for several years after the foundations of the town were laid. One notorious individual defied the strong arm of the law, and followed the District Judge on his rounds, paying his fine at each place with the greatest nonchalance, and delving deep into the pockets of the attendants upon the court. Gambling houses increased in number and notoriety for several years, when “a bit of a revolution” was indulged in by the quiet and peaceably Palestinians, and the sporting and tippling houses were thinned down to one saloon, which was barely supported. This quiet was maintained by the people until the approach of the Houston & Great Northern railroad, when the town was filled to overflowing by all classes of “terminus” people, many of whom terminated their wanderings by locating in Palestine. Time has not yet made such a change in the place and people as to leave no one to tell the story of our city’s birth. Many of those who peopled the town in the beginning have since removed to other scenes. Many came to their journey’s end, and laid them down to rest in our little cemetery, where no more the ups and downs of life trouble and confuse them, where the cares, trails and uncertainties of human existence are shut out from their vision forever; where they may never hear the sighs of the wretched, nor see the blush of shame upon the cheeks of the erring, but rest in peace, while the unhappy human concourse above them are toiling, contending and striving, each for the most pleasant approach to the common abode of rich and poor, the last sweet, silent resting place of all. Of the living only four men remain who first bent their energies to make and perpetuate a city which, in the time it has existed, has so well honored the undertaking of its founders. A. Joost, the first merchant in the place except Bigelow & Fulton, previously mentioned, still lives in the hale and hearty vigor of his manhood and usefulness, and yet difuses from the same stand he occupied in 1846 the articles needed to supply the temporal wants of all. Dr. W.G.W. Jowers, the present County Judge, Dr. E.J. DeBard and Dr. H.H.Link, are the remaining three now living here of the original founders of Palestine. The popularity of these men and their acknowledged worth as citizens prove that the early settlers have handed down noble and meritorious representatives, who show forth to the very best advantage of what stuff the young town was made. The business men of Palestine have always had an eye to enterprise and improvement. The first especial evidence of this is the action of the people in 1849, when an attempt was made to divide the State. It was confidently expected by many that this would be done, and had the attempt succeeded it would have necessitated a removal of the State Capital to some interior point. Before the matter was settled Palestine opened her arms to receive the governmental headquarters should a transfer be made. Though they were few in number the business men subscribed several thousand dollars for this purpose. The list of names and subscriptions was preserved, and for a village, such as the place then was, it showed a remarkable spirit of enterprise. But the State was not divided, (and it is to be hoped it never will be) the Capital was not removed, and therefore Palestine had to be content with governing herself and Anderson County. Palestine was liberal towards the International & Great Northern Railroad Company in the donation of valuable lands, and since this road has given the city the impetus and importance consequent upon its presence several important enterprises have been carried on by the people a few of which we will mention: In 1875 a street railroad was built from the depot to the courthouse, a distance of half a mile, by a joint stock company. This was at first successful and remunerative and two cars were run regularly by the company until February last, when the citizens finding either the walk from old to new town unusually pleasant or nickels very scarce, stopped affording it a sufficient patronage, and the use of the road was discontinued. The need of a permanent market house and market laws being felt, a company was organized in the Fall of 1875 for the purpose of erecting a market and public hall building. The fine and substantial brick edifice on the corner of Market Street and Avenue A shows the result of their endeavors. A market ordinance was passed by the City Council for the encouragement of the project. The building is situated on ground leased from the city by the company, and both ground and building will revert o the city in 1896. The market is open every morning and evening, except Sunday evening. The Palestine fruit farm is another enterprise which will give our town a name in the great fruit markets of the north. This farm consists of 150 acres, adjoining the eastern corporation line of the city, and is owned by a stock company. It was planted in fruit trees, principally peach, two years ago, an din 1878 they will be bearing abundantly. The fruit farm is open to visitors every day except Sunday. Several farmers and gardeners adjacent to the city are turning their attention to fruit raising, in which the peculiar adaptability of the soil and climate affords them a rich reward. The city government of Palestine is under the control of a mayor and board of aldermen, who have in them vested such power and authority as are given to such officers by the charter of a city. The peace of the city is attended to by a city marshal and two policemen. A criminal court is held by the mayor daily. His jurisdiction is confined to breaches of the peace, assaults, affrays and misdemeanors. The present city officers are as follows: Mayor – H.B.Wilder Aldermen – first ward, W.J. AVERYT and B.F. DURHAM; second ward, A. JOOST and J.R. PALMER; third ward, T.T. GAMMAGE and W.M. SHUMATTE; fourth ward, H.NATHAN and J. LANGSTON; fifth ward, MARTIN HINZIE. (One vacancy to be filled by election May 29th) Marshal – J.D. ROBERSTON City Attorney – JOHN W. FARR Policemen __ C. ROGERS and A.P. ROGERS District and county courts are held in the court house as follows: District court, by Judge R.S. Walker, beginning on the third Monday in May and December. County court for civil business, beginning on the third Monday in each month of January, March, May, July, September, and November. County court for criminal business, by Judge W.G.W. Jowers, on the first Monday in each month. County Commissioners’ court – W.G.W. Jowers, W.M. Shumatte, W.F. Freeman, A.H. Wilson, and J.H. Gee, Commissioners – commencing on the second Monday in each month of February, May, August, and November. Justice’s court, by D.H. Calhoun, Justice of the Peace for the first precinct, one term in each month, beginning at the option of the Justice. This sketch of the town and county will be closed with brief mention of a few of the most prominent business enterprises of Palestine whose prominence not only on the advertising pages of this work, but in the acknowledge opinions of the people, entitle them to especial notice.