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917.7356 G36s cop . 2
H. Douglas Giger, camp. Story of the Sangamon County Courthouse, 1821-1901 (1901)
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ILLINOIS HISTORICAL SURVEY
1821
1861
1901
THE STORY ....
3OF THE -0
Sangamon ounty
court House.
.... COMPILED BY ....
H. DOUGLAS GIGER, APRIL 29, 1901.
PHILLIPS BROS.
TRADES HAY
The COUNGD 29
SPRINGFIELD, ILL.
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1
ILLINOIS HISTORICAL SURVEY
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917,7356 G365 cop.2
INTRODUCTION.
In presenting the Story of the Sangamon County Court House to the public, it has been my purpose to give a brief, concise, yet authen- tic history of Sangamon county's various "temples of justice" from the stick-chimneyed chink-and-daubed log cabin, to the magnificent, unique and substantial structure that now adorns the public square.
Underlying this story, the reader can but notice the phenominal growth of this "richest of counties" from the primitive settlement on Spring Creek, when the taxable property consisted of "horses, neat cattle, wheel carriages and stock in trade and distillery," (the taxes on which were payable in coon skins or such other commodities as happened to be on hand), to the present grand, capital county of the State with its 72,000 people and $15,000,000 of taxable prop- erty.
I desire to acknowledge and express my appreciation of the valu- able services rendered me by my friend, Edward J. Chenery, the efficient and obliging secretary of the Abstract and Title Guaranty Company, whose assistance has been of inestimable value to me in aiding and encouraging me in the work.
The facts contained in the following pages, have been gathered with much care and research, but if those into whose hands they fall get the same satisfaction in their perusal, that I have enjoyed in digging them out, I shall be fully compensated for my labor.
THE AUTHOR.
12825 T
i Hist. Survey
1-23-51
Heck
THE OLD STATE HOUSE.
-
The Story of the
Sangamon County Court house.
In the year 1818 Illinois was admitted to the Union and the same year Elisha and John Kelley, natives of North Carolina, with a few relatives and friends emigrated to what was then the far, far West. They built their cabins and formed a settlement in the timber stretch- ing along the Town Branch, a stream that in early days flowed through the center of what is now the City of Springfield, Illinois.
Sangamon county was established by an act of the General Assem- bly January 30, 1821, and the original boundaries were approximately as follows: Beginning at the intersection of the third principal meridian with the Illinois river (near LaSalle), and following down the river to the mouth of Negro creek (say Meredosia), thence strik- ing southeasterly across the prairie to the southwest corner of the present county, and thence east along the north line of township 12 to the meridian line (about ten miles east of Taylorville), and thence
north to the beginning. It will be seen from these boundaries that Sangamon county comprised the very heart of what was then known as the famous "Sangamo country "-the most fertile and productive land in the United States. By this act it was provided that as soon as the county commissioners were elected they should meet at some convenient place as near the center of population as possible, and such place when selected should be the temporary seat of justice for the county. Rivers Cormack, Zachariah Peters and William Dren nan were elected commissioners and qualified as such on April 3, 1821
The Kelleys were hunters and had sought this place as a quiet spot where they could be "far from the madning crowds' ignoble strife;" they wanted to be on the firing line of civilization, but the commis- sioners came into their midst for the reason that it was the only place in the country where enough families could be found in the vicinity to take in the members of the court, and in the kindness of their
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hearts these rough pioneers welcomed them to their cabins. Thus it was that in the spring of 1821 the commissioners named above held a court at Kelley's settlement, on the waters of Spring creek, and Charles R. Matheny was appointed clerk and entered into bond with James Latham,'of Elkheart grove, as security. At a county commis- sioners' court held April 10, 1821, at the house of John Kelley, on the waters of Spring creek, the commissioners presented their cer- tificate of the location of the temporary seat of justice for the county of "Sangamo," in which they state they have fixed and designated a certain point in the prairie near John Kelley's field on the waters of Spring creek at a stake marked "ZD" as the temporary seat of jus- tice for said county, and do further agree that the said county seat be called and known by the name of Spring Field. The certificate is signed by{Zachariah Peter and Wm. Drennan. The certificate being recorded in court record "A," page 3.
The stake marked "ZD" is generally believed to have been set at or near the corner of Second and Jefferson streets.
On April 10, 1821, the commissioners entered into a contract with John Kelley, by which Kelley for the sum of $42.50 agreed to build a court house in the prevailing style, the logs to be 20 feet long, the house one story high, plank floor, a good cabin roof, a door and win- dow cut out ; the work to be completed by May 1st, next. This con- tract was not quite as lengthy as the Warren Roberts contract ; but John Kelley must have fulfilled his part on time, for the record shows the next term of court "was held at the court house in Springfield " on June 4th, 1821. There was no haggling over red warrants, be- cause page 9'shows that on June 5th, John Kelley was allowed $42.50 due him by contract for building the court house and $5.00 for " extras." The record does not disclose what John did with all the money.
Prior to June 5, 1821, the record shows the name of the county as Sangamo, but without any apparent reason on this day a letter is added making it Sangamon, and so it reads to this day. Another peculiar act was performed by the court. The county was divided into four districts, and overseers for the poor were appointed-two for each district, the court then appointed three trustees to look after the overseers of the poor. It does not appear that anyone was ap- pointed to look after the trustees. And so the summer passed away in this little out-of-the-way village, and along about the time the frost began to gather on the pumpkins and the autumn wind to whistle through the cracks of this primitive temple of justice and incident- ally through the whiskers of the county officers; they bethought themselves of winter cheer. So one Jesse Brevard contracted to
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patch up the court house for the winter. Nine years after this they had a snow five feet deep. He agreed to chink outside and daub in- side. Boards sawed and nailed on the inside cracks, a good and suf- ficient door shutter, to be made with good plank and hung with good iron hinges, with a latch. A window to be cut out, faced and cased, to contain nine lights, with a good, sufficient shutter hung on the outside. A fire-place to be cut out seven feet wide, and a good, suf- ficient wooden chimney, built with a good, sufficient back and hearth. Jesse did all this for $20.50.
Robert Hamilton built the county jail for $84.75.
Joseph Thomas was allowed $1.00 for the plans of this jail, and on December 3, 1821, John Taylor, the sheriff, started the first racket in the board by claiming the jail was no account.
At a court held March 1, 1822, the court began to put on a little style, so they ordered that fourteen rods east and west, including the street, and twelve rods north and south, including the street, in the town of Springfield, on which the court house now stands, be set apart for public purposes and the accommodation of the court house and other public buildings.
Prior to 1823, the principal occupation of the frontiersman of the Kelley settlement consisted in hunting, trapping, fishing and bee- hunting; but the fame of the "Sangamo country" spread through the land and the town began to fill up with progressive citizens accus- tomed to the more advanced ways of the larger cities of the East.
About this time came such men as Major Elijah Iles, Pascal P. Enos, Col. Thomas Cox, Charles R. Matheny, Mordecai Mobley, Thomas M. Neale, James C. Stevenson and Daniel P. Cook. Iles and Enos in 1823 laid out the town. It was called "Calhoun" in honor of the great nullifier of South Carolina; but the name was not popular and but little used, the name of the postoffice being Springfield. The streets and alleys and the lots and blocks exist the same today as laid out by them in 1823. The plat comprises that portion of the city bounded on the west by First street, on the east by Seventh street, on the north by Madison street, and on the south by Monroe; the public square remaining as it is. All of the persons above named proceeded to lay off strips of land between the several streets and running from Madison street north to the quarter section line near Enos avenue, and from Monroe street south to the quarter section line near Lawrence avenue. These strips they deeded to each other alternately, so that no one person would have a large tract of land near the center of improvements. Major Iles kept a store and lived at the southeast corner of Jefferson and Second streets. Col. John Williams was his clerk. East of this was the store of Jabez Capps.
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Across the street was the store and home of Archer Herndon. Next east was Hooper Warren the printer, and next east the home and office of P. P. Enos, the public land agent. On the northwest corner of Fourth and Jefferson was the residence of Dr. William Jayne's father, Dr. Gershom Jayne. This house stood until replaced by Central Music Hall. Jefferson street was the only thoroughfare in the town and all the business centered about First and Second streets. On the southeast corner of First and Jefferson streets stood the Abrams Inn; next east the store of John Taylor; next the "Buck Tavern," kept by Andrew Elliott. William Carpenter lived and kept a store at the southwest corner of Second and Jefferson. On the north side of Jefferson, between First and Second streets, were a row of small shops occupied by various craftsmen, including the inevit- able justice of the peace in the person of Asa Shaw. Following Jeffer- son street west to the crossing at the branch (Pasfield street) we find the ox-mill and distillery of Colonel Cox. His tavern stood at the north side of Jefferson near First street. West of the mill-lot was the rook- quarry. On the south side of Jefferson at Pasfield street and across the branch was the tan-yard of William Proctor, and up over the hill on which the High School stands and a little to the west and south was a settlement called "Newsomville"-jocularly called "Nuisance- ville" by the jealous residents of the "Old Town." On the south side of Jefferson just east of the tan-yard stood the cabin of Uncle Billy Fagan, next east the house of William Baker, and next the home of John Moor, the step-father of Isaac A. Hawley. On the southwest corner of First and Jefferson Streets lived Sherrill the cobbler. Other persons here at the time, were Gen. J. D. Henry, Dr. John Todd, Edward Mitchell, Dr. John G. Bergen, P. C. Latham, Z. A. Enos, Isaac A. Hawley, Gordon Abrams, Dr. Garrett Elkin, Thomas Strawbridge, Dr. Darling, Jacob Plank, "Aunt Creecy" a free negress, and others.
At this period the road leading from St. Louis met the road from Vincennes at Macoupin point and followed close to the line of the old Chatham road, passing the Master's farm house (Second and Lawrence) on the east and then swerving to the left over the hill through the grove where the Capitol now stands, then up First street, crossing the branch at Adams, and on up First to Jefferson, then east on Jefferson to Fourth, thence across the country by the Converse farm and on northward to Erastus Wright's ferry at Fort Clark (Peoria), and then on to Galena and the lead mines. Mr. Wright afterwards lived in Springfield and traded eighty acres of land for a tame elk that he rode and drove to harness like a horse. The other road ran west on Jefferson from First, crossing the branch at the tan-
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yard, ran a little to the southwest passing Newsomville, to the forks. Here one road branched off to Beardstown running close to the pres- ent line of the Beardstown road; the other struck out to the south- west for the Diamond Grove (Jacksonville), following the line of the old Jacksonville road.
By an act of the General Assembly of December 23, 1824, the boundaries of the county were re-established, and James Mason, Rowland P. Allen, Charles Gear, John G. Lofton and John R. Sloo, were appointed commissioners to locate the permanent seat of justice of the county. It was stipulated in thisfact that the parties on whose lands the county seat was located, should donate to the county thirty- five acres of land adjoining it.
When the above law was passed, quite a struggle ensued between Springfield, Sangamo town and a "paper town" located on the river where the water works now stands. The historic town of Sangamo- where Lincoln built his flat boat-was located on the west bluff of the river in the northwest quarter of section two in Gardner township. It has long been extinct. Charles Broadwell was the proprietor, and at the time the question of locating the permanent county seat was agi- tated, had grown into quite a respectable town for those days, and was actually a better location than Springfield, it was on the water, contained several stores, had a saw-mill and grist-mill and a carding machine. The other rival of Springfield was a town that existed on paper, and was principally owned by speculators from the east, of whom Wm. S. Hamilton, a young lawyer and son of Alexander Hamilton, of Aaron Burr fame, was the prime mover. The commis- sioners, it seems, were required to view the various sites offered, much as parties seeking factory sites do nowadays, and after visiting Springfield, with which they were not very much impressed, inquired the nearest route to Sangamo and Hamilton's town.
Major Iles and the other citizens would not hear of their leaving without a guide, so Andrew Elliott, the keeper of the "Buck Tavern," and a noted woodsman volunteered to show them the way. It is now about an hour's drive to old Sangamo town, but Elliott took the commissioners in a roundabout way through swamps and thickets, and back and forth across Spring creek and the river, and when the commissioners arrived at Sangamo they were so exhausted and disgusted with the supposed inaccessible region, that they would listen to no explanations and soon put back to Springfield, where after hanging fire like a legislative committee, they finally located the permanent county seat. It would be impossible to calculate of how much value this decision was for the struggling little town at that period. The State warrants for expenses held by the commis-
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sioners were practically worthless, as there were at that date no taxable lands, and Major Iles intimated that if it should so hap- pen that they should select Springfield, he would see that their war- rants were cashed. The warrants were cashed.
The commissioners made formal report to the court March 18, 1825, that they had located the permanent county seat at Springfield, and Major Iles and P. P. Enos deeded to the county a tract of land, beginning at the northeast corner of Fifth and Monroestreets, thence north to the northeast corner of Fifth and Washington streets, thence east to the northeast corner of Sixth and Washington streets, thence north to Madison street, thence east to the quarter section line be- tween Eight and Ninth streets, thence south to Monroe street, and thence west to the place of beginning, containing thirty-five acres, and including the public square.
Sarcasm surely existed at this early period, for the court record shows that W. S. Hamilton, the disappointed proprietor of the "paper town" was magnanimously appointed to make the survey of the tract donated to the county, but this appointment was scornfully ignored by him, and he soon left this part of the country forever. Thomas M. Neale made the survey, for which he was paid $38.95.
The old court house (the Kelley one) was sold to John Taylor on September 7, 1825, for $32.00, and the contract to build a frame court house was let to Thomas M. Neale for $449.00, except the chimney, which was let to Joseph Thomas for $70.00. Robert Thompson was allowed $2.50 for the plan of the court house. (n July 15, 1826, the treasurer was ordered to pay T. M. Neale balance of $87.00 when the court house was finished, or his contract fulfilled, and John Taylor and Chas. R. Matheny were appointed to receive the house. It was ordered that Chas. White be employed to lath and plaster the court house at 373 cents a yard. This frame court house stood on the northeast corner of Sixth and Adams street.
On January 4, 1830, it was ordered that a brick court house be built on or about the middle of the public square, as now laid out in the town of Springfield or Calhoun. John Todd, Asa S. Shaw and Garret Elkin, were appointed agents for the county to contract for the building and to superintend the same. The com- mittee reported that they let the contract March 2, 1830. On March 6, 1830, the committee were ordered to have the court house built near the center of the square, the southeast corner to be at a stake set by the commissioners for that purpose.
The brick court house stood in the middle of the square, and was completed in 1831 at a cost of $6,841.00. It was a two-story square, brick building, with a hip roof, and cupalo on top, similar to the
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court houses peculiar to the Mississippi valley at that period, and from the time it was built all the business of the town centered around the square, and the old town on Jefferson street began to de- cay. The row of small shops on the east end of the north side of the square was called "Chicken Row." In the fall of 1835 a young man fresh from the prim and dignified courts of New York arrived in Springfield. He wandered into the brick building standing in the center of the square, and saw the judge on his bench with liis chair tilted back, his heels higher than his head, a cob pipe in his mouth, his hair all awry, and before him stood a small dark man with long black hair pleading his case. Attentively listening sprawled a long sombre form on the low platform used for the judge's rostrum. The room was filled with men laughing and smoking. The judge was Stephen T. Logan, acknowledged to be the greatest lawyer Illinois has ever produced. The little man was Stephen A. Douglas the "Little Giant," and the form on the floor was that of Abraham Lincoln, des- tined in the years to come to be the two foremost characters in the most formidable crisis the Union ever knew.
On March 10, 1831, the old court house (on 6th and Adams) and the lot on which it stood were sold to John B. Moffett for $626.00.
On March 10, 1831, it was ordered that 30 feet of the north end of the public square be appropriated for a walk, provided a brick mark- et house is built in the street not less than 40 feet long. This market house stood in the middle of Sixth street just north of Wash- ington, with a driveway on either side, the street being widened for that purpose.
In the Legislature at Vandalia in the session of 1836-7, Sangamon county was represented by two senators and seven members of the lower house. They were a singular body of men, all tall and angu- lar and their combined height was exactly 54 feet, they are famous in Illinois history as the "Long Nine." The men were Abraham Lincoln, Ninian W. Edwards, Archer G. Herndon, Job Fletcher, Jolin Dawson, Andrew McCormack, Dan Stone, William F. Elkin and Robert L. Wilson. "Honest Old Abe" contributed four inches to make the average six feet.
The capitol of the State at this time was at Vandalia, hav- ing been removed there from Kaskaskia and as the tide of emmigra- tion was moving northward it was conceded that the capitol must be nearer the center of population; although Vandalia and Southern Illinois fought hard agaist it.
The people were wild over a mania called internal improvements, a plan of which Governor Duncan was a strong advocate, and which eventually plunged the State into bankruptcy. From the beginning
U. OF ILL. LIB.
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of the session the "Long Nine" set to work "log rolling." They asked for no public improvements; they wanted no railroads, no canals, no plank roads, but would help out any member that did want them for his district, if he would vote to remove the capital to Springfield.
There were many applicants, and on the first ballot Springfield had but 35 out of 121 votes. The vote stood as follows: Springfield 35, Jacksonville 14, Vandalia 16, Peoria 16, Alton 15, scattering 25. Illiopolis, a "paper town" of mammoth proportions, covering 8,000 acres, laid out near the site of the present village of that name, by Governor Duncan, John Taylor, Eli C. Blakenship and the Sangamo Land Company, received ten votes on the second ballot. "Poor old Peoria," as usual, brought up the rear and Springfield captured the prize on the fourth ballot.
The city and county have never made any public recognition of the valuable services rendered by the "Long Nine," and it is to be hoped that if a monument is not erected to their memory in the court house park, their names at least may be inscribed on the historic walls of the building they so skillfully obtained for Spring- field.
By an act supplemental to the act permanently locating the seat of government of Illinois at Springfield, approved March 3, 1937, the county commissioners were empowered to convey to the governor of the State the property known as the "public square" in the city of Springfield, containing two and a half acres, and the deed to Governor Joseph Duncan is recorded in Book "K," page 503. In Book "O," page 319, is recorded a contract between the commis- sioners and Leroy L. Hill, in which Hill gives the commissioners the right of taking from his stone quarry on Sugar creek, all the rock they want from December 1, 1837, to January, 1841, at the rate of $1.00 per load. Mr. Hill's farm was on Sugar creek near the home of Uncle Philemon Stout, and the peculiar rock in the present building came from this quarry. Daniel C. and David A. Brown, twin brothers, and well known citizens, at fifteen years of age sawed all the lath used in the building.
By reason of a defect supposed to exist in the former deed to the state an order was entered by the court February 10, 1847, authorizing the commissioners to execute another deed to the State for the public square, and the deed to Governor French can be found in Book " Y," page 581.
An act legalizing both deeds was passed Feb. 17, 1847.
An act passed Feb. 25, 1867, provided for the erection of a new State house and the Governor was empowered to reconvey to the
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county of Sangamon and the city of Springfield the public square for the sum of $200,000, and the further consideration that the grantees cause to be conveyed to the State the tract on which the capitol now stands on Second street. The deed from Gov. John M. Palmer to the county and city is recorded in book 41, page 44, and the deed from the city to the county is recorded in book 41, page 45.
One of the conditions of locating the capitol in Springfield in 1837 was that the city should pay $50,000 toward the erection of the build- ing, and although the population was but 1,100, the brave little town met the first two installments promptly, but the third fell due just as the great financial crash swept over the country and while the build- ing was still uncompleted. On March 22, 1838, 101 loyal citizens executed their joint note to the State Bank of Illinois for $16,666.67 and the money was paid to the State. The note was paid off when it became due and is now preserved at the Ridgely bank. The note was signed by John Hay, Joseph Thayer, M. O. Reeves, W. P. Grimsley, William Wallace, Thomas Mather, D. Prickett, Washing- ton Iles, Joel Johnson, Wm. S. Burch, C. R. Matheny, Wm. Butler, P. C. Latham, N. W. Edwards, J. T. Stuart, George Pasfield, B. C. Webster, S. M. Tinsley, J. F. Amos, S. Conant, R. B. Zimmerman, James L. Lamb, B. Ferguson, B. Talbott, Simeon Francis, Nathaniel Hay, Robert Irwin, V. Hickox, Geo. Trotter, S. T. Logan, E. M. Henkle, J. W. Keyes, Jno. G. Bergen, E. Wright, E. D. Baker, A. Lincoln, Garrett Elkin, G. Jayne, Abner Y. Ellis, S. H. Treat, E. Iles, James Maxcy, W. M. Cowgill and others.
The cost was estimated at $130,000, but the sum of $240,000 was expended on the building.
After the conveyance of the public square to the State in 1837, the brick court house standing in the middle of the square was demolished to make room for the State house, which was immediately erected on the ground. The corner stone was laid with appropriate ceremonies July 4, 1837. While this structure was in course of erection the State departments were removed in wagons (there being no railroads) from Vandalia to Springfield, and the Senate occupied the First Methodist church on the southeast corner of Monroe and Fifth streets and the House of Representatives used the old Second Presbyterian church, on the west side of Fourth street and south of the alley, just north of the present church. The supreme court sat in the Episcopal (St. Paul's) church.
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