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February 27, 1849, the General Assembly of the State of Missouri approved an Act creating a new County by dividing Wayne County. The Act went into effect immediately, so the birthdate of Butler County is February 27.
The Act described the territory involved as follows, "All that portion of Wayne county now lying south of a line beginning at the mouth of Black Mingo, on the line dividing the counties of Wayne and Stoddard, and running from thence due west till it strikes the line between Wayne and Ripley." was to form a new county. The north boundary was the only line which needed to be described as the remainder of the boundary was determined by the east line of Ripley County, on the south by the State of Arkansas, and on the east by the St. Francis River. At the later date some changes were made in the Butler-Ripley county line which established the Butler county boundaries as they are today.
The General Assembly gave specific instructions to aid the new county in getting underway as a governmental unit in the State. The county was named "Butler" in honor of William O. Butler, of Kentucky. John Stevens of Cape Girardeau County, Filliam Henly of Stoddard County and Martin Sandlin of Ripley County were appointed commissioners, to select a permanent seat of government for the new county. The Governor, Austin A. King, was required to appoint three residents of the county as judges of the county court to serve until the general election in 1850 and until their successors were elected and qualified. He was to appoint a sheriff under the same terms. We quote directly the language concerning the meeting place of the courts: "The circuit and county courts to be holden to said county, shall be held at the house of Thomas Scott until the permanent seat of justice shall established, or the county court shall otherwise direct." Instructions were given concerning the cooperation of Wayne and Butler counties in existing tax lists and assessments and in the work of administrators, executors, and guardians in cases which could now be transferred to Butler County. Justices of the peace who had been appointed by Wayne County were to continue to serve in their respective townships in Butler County. For the purpose of representation in the General Assembly, Butler County was attached to Wayne County. The county court and the circuit court were to appoint their own clerks. The next item contains one of those expressions over which we can smile a little. The county court was to appoint an assessor and "some competent person" as county surveyor. No emphasis was placed on the court clerks or the assessor being "competent."
Reference: "Laws of Missouri, 15th General Assembly, 1848-49."
We assume that "Black Mingo" was a tributary of the St. Francis River. Was it on the east side or the west side of the river? Does anyone know the source of the name, "Black Mingo"?
Note: In 1849 Carter had not been separated from Ripley county so the north line of Butler county extended to Ripley County.
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