USA > Illinois > DuPage County > A history of the County of Du Page, Illinois > Part 3
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He soon returned, accompanied by some fifty or sixty of his companions, all fully armed, and painted in the most barbarous manner. Their appearance was enough to terrify any one who was unaccustomed to the stratagems to which Indians resort to carry their ends. As they approached, Scott and McKee gathered up their arms, and stood in a defensive attitnde, con- fronting the whole party. The Indian who claimed the coat advanced and demanded it, threatening their destruction if again refused. Mr. Scott boldly informed him that the coat was on his back, and if he wanted it he must take it off. In the mean time, a young Indian chief, who was acquainted with the circumstances of the case, came and took a position with them, saying that he would stand by them in any emergency. The Indians then set up a most unearthly howling, and continued for some time to dance around them, flour- ishing their tomahawks, and trying to intimidate them with the most awful threats and frightful grimaces. At last, finding their efforts to obtain the coat unavail- ing, they withdrew, leaving Scott and McKee in full possession of the field. . From that day afterward they always addressed Mr. Scott as "White Eagle," a title which belonged to none but the bravest. Although the stand taken by the young Indian chief in their favor
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DU PAGE COUNTY.
may have saved them their lives, yet it is not supposed that the Iudians designed to do anything more than to . frighten them into a surrender of the coat.
Mr. Scott, from a long intercourse with them, had become pretty well inured to their trickery, and was not easily deceived by appearances. He had lived among them and hunted with them, until he came to look upon many of their "signs and tokens" with considerable credulity. Among other practices, com- mon among these Indians, was that of leaving pipes - filled with tobacco in certain places on their hunting grounds, whenever they had bad luck, that the Great Spirit might come and smoke, by which they supposed his favor was secured, and that they would consequently have more favorable fortune. This device was employed by Mr. Scott, on one occasion, with marked success. A company started from the settlement for an afternoon's foray in the East Branch timber. It was a luckless expedition, and night came on, finding them entirely destitute of game. Between sundown and dark the hunters assembled to set out together for the settle- ment. Mr. Scott now produced his pipe, filled it with tobacco, applied a match to it, and placed it very mys- teriously in the crotch of a tree. The party started, Mr. Scott riding some distance in the rear of the main body. He had not gone far when a beautiful, fat deer sprang from a thicket and crossed the path just before him. He leveled his rifle, and sent a ball whizzing through its heart. Before his gun was fairly loaded, · another appeared, which met the same fate. The report of his rifle brought back the main party, who, upon witnessing the feat he had performed, were no
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HISTORY OF
longer inclined to ridicule the idea of feeding the "Great Spirit" with tobacco.
About this time Messrs. Hobson, Goodwin, Board- man, and Strong, were returning from Chicago with two ox teams. Hobson and Goodwin were riding in one wagon, and Boardman and Strong in the other. It was a warm summer's day, and Strong laid down in the wagon and fell asleep. Discovering that his com- panion was taking a nap, and ever on the qui vive for a little fun, Boardman called to Hobson to come and fire his gun near Strong's head, and see what the effect would be. Hobson brought his gun and discharged it as directed, when Strong, suddenly awakened by the report, and supposing himself beset with Indians, made a desperate attempt to go down through the bottom boards of the wagon box. The joke was now. on Strong, and after the "laugh" had subsided, they drove on. By and by Strong concluded to try Hob- son's courage. A plan was secretly devised between him and Goodwin, by which Strong was to secrete himself in a thicket some distance ahead, and when Hobson came along, get up some demonstrations that would lead him to think that there were Indians there. As Hobson's team approached the place, the war whoop was sounded, and one or two shots fired. Goodwin 'manifested extreme terror, and seizing both guns, ran off, leaving Mr. Hobson alone, with nothing to defend himself but an ox whip. But he was not to be intimi- dated, and, without altering his course, rode past the thicket, standing erect in his wagon, with a fixed and . searching look upon the place from which the "mani- festations" proceeded.
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Strong abandoned the idea of attempting again to frighten Hobson, and Goodwin was coolly informed, that if he ever meddled with Hobson's rifle again, le would stand the chance of getting his own- brains blowed out.
Of the condition of the families at Fort Dearborn nothing has yet been said. We have been informed by some who went there, that it seemed as though they were to be shut up to starve, if not to be slaughtered by the Indians, having, in their hasty flight, taken but a scant supply of provisions, and there being little or nothing to be had in Chicago .. For a time the garri- son was supplied with beef by Claybourne, who was employed to butcher for the Pottawattomies by govern- ment, but the meat was so poor that necessity alone could have compelled them to use it. Among the . families in the fort was that of a Mr. Harris, who lived at Hollenbeck's grove. At the time of the alarm, the father of Mrs. Harris, a very aged man, was too feeble to make luis escape unassisted. He begged them to leave him and make their escape, if possible, saying that if the Indians killed him, they would only rob him of a few years. He was left alone, and four days elapsed before they were enabled to return, prepared to remove him. The Indians had visited the house in the mean time, but did not attempt to molest him, nor anything about the premises. When the regular troops came on from Michigan, the settlers were ordered to quit the fort, and every hovel that would afford a shel- ter was immediately crowded with occupants. At this time there were several women and children in the fort whose husbands and fathers were at the Naper
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HISTORY OF
settlement, building the fort there. These would have been turned out of doors, had it not been for the en- treaty- and expostulation of the volunteer company. By an exceedingly liberal provision, Mrs. Hawley and six children, Mrs. Blodgett and four children, and Mrs. Hobson and five children, were allowed to occupy an upper room in the establishment, about ten feet square. Any one can calculate the space occupied by each for a bed. Here they remained for ten days, before they could make their situation known to their husbands. The Indians did not appear near the fort at any time during their stay, although the garrison was one day thrown into great excitement by a false alarm. This afforded an opportunity to test the courage of tlie inmates, who, with one exception, proved undaunted. It is said that a gentleman who made bravery his boast, was missing for six or eight hours after the alarm, when he was found snugly ensconced under a feather- bed, but in a state of great trepidation.
In July the command of Gen. Scott passed on to Dixon, and the main army soon followed. With the government troops between them and their foe, the settlers had no further cause to fear. The families were brought back from Fort Dearborn, and placed in and near the fort-those of Mr. Scott, Capt. Boardman, Mr. Hobson, and John Naper, occupying a log house near by. Here they remained without molestation until after the battle of Bad Axe, whichi put an end to the Black Hawk war. This took place in September. All apprehension of danger was now at an end. The settlers resumed their claims, and, in uninterrupted peace and prosperity, many of them have lived to enjoy the abundant fruits of their valiant pioneership.
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DU PAGE COUNTY.
RELATIVE TO THE
OLD "CLAIM FEUDS," ETC.
AFTER the close of the Black Hawk war, the tide of immigration again turned to Illinois, and this county received its proportion of new settlers.
The first settlers selected, of course, the best loca- tions, which were adjacent to the timber. The upland, . or dry prairie, was usually selected in preference to the low and wet, and especially preferred wherever good facilities for obtaining water were offered.
The houses of the first settlers were usually built near the timber. Scarcely any were to be found upon the prairie prior to 1837. All the timber land was "·claimed" before 1835, but some of the prairie land in our county, which, at that day, was considered almost worthless, on account of its being inconvenient to tim- ber, was never claimed by the squatters. Many diffi- culties arose among the settlers in relation to the boundaries and priority of the claims of parties.
Troubles of this kind are incident to the early set- tlement of any country, where the settlement precedes the survey of the land by government. The difficulties here, as elsewhere, created bitter feelings of animosity between neighbors, and, in too many instances, these feelings have not been allayed even to the present day; and we often hear disparaging remarks made by one
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HISTORY OF
respecting another, which, when traced to their origin, are found to emanate from the old "claim feuds." Nor · were these quarrels confined to words alone. Many bloody combats occurred between belligerent parties ; the one being usually the first claimant, the other, one who had "jumped the claim." Although blood was freely spilled during these contests, yet, with the ex- ception of but one instance, which will be referred to hereafter, no lives were sacrificed. Sometimes the party in the wrong was driven from the field by the rightful claimant, assisted by his neighbors; for in those days the laws of Judge Lynch were often exe- cuted in a summary manner. An understanding, or implied agreement, existed among the settlers, that those who obtained portions of the claims of others by preemption, or by purchase at the land sale, should deed to such claimant the part belonging to him. This was called an agreement to "deed and redeed." Most of the land was claimed by those who intended to pur- chase it, and make a permanent home for themselves and their families. Some of it, however, was claimed by what were then called "land sharks." This class of men merely claimed the land for the purpose of selling it to subsequent settlers, and were not usually protected in their claims by those who were always ready to assist a bona fide settler. The claims often sold for prices which would, even now, be considered exorbitant for the land. A few of the land sharks made money by their swindling operations, but most of them can boast of but little wealth at the present time, as they were of that class who spend their money as readily as they obtain it, and engage in speculations
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DU PAGE COUNTY.
more wild and more dishonorable than stealing land, even, from actual settlers.
A company was formed somewhere in this county, between 1832 and 1835, which was called -- for what reason we know not-"The Land Pirate Company." This company made, or caused to be made, a claim in the Big Woods, embracing three or four sections of the best timbered land. Their claim was inclosed with a rail fence, some two or three rails high, and a log cabin was erected upon it. This much they accomplished without being molested. But unfortunately for the brilliant prospects of the company, who, no doubt, ex- pected to realize a splendid fortune from the sale of their claim, the rails of their inclosure disappeared in a most mysterious manner; the boundaries soon be- came extremely indefinite ; every feature of its iden- tity was lost; and at this day it is divided into more pieces thian there are states in the union, furnishing fuel and timber to a large community in its vicinity. The land south of the old Indian boundary line came into market in 1835. Nearly all of it was bought by spec- ulators, some bidding for it as high as ten and fifteen dollars per acre. In this way the settlers, in many cases, were dispossessed of their claims, including all their improvements, which had cost them years of labor. Unable to compete with the speculators, it was impossible for them to retain their lands. In view of the hardships of such cases, and for the purpose of settling lines, and making an express agreement with each other to carry out the implied agreement before alluded to, the settlers at the Big Wood formed a soci- ety, in 1836, called "The Claim Protecting Society."
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HISTORY OF
It had for its object, beside the protection of the set- tlers against speculators, the settlement of all disputes as to boundaries. It was provided that settlers whose boundaries were fixed beyond all dispute, should meas- ure and plat their claims, and file the same with the secretary. The other members were then bound to protect and defend them. The following preamble and resolutions are taken from the records of the Big Woods Claim Society, which was the first society of the kind formed in this county :
EAST SIDE OF THE BIG WOODS, Cook county, Illinois, Feb. 6, 1836.5
BE IT REMEMBERED, That we, the undersigned, inhabitants of the east side of the Big Woods and its vicinity, have settled on lands be- longing to the United States, and who have severally made their respective claims, including timber and prairie : Now, for the peace and tranquility of our said settlement, we do severally and individually bind each to the other, in the penal sum of one thousand dollars, to protect and assist each other in their respective claims, and to assist each other in keeping off all intruders that may intrude on each other's claims, in any way whatever. And wc further agree to deed and re- deed to each other, at government price, whenever our said claims shall come into market; that is to say, in case our respective claims shall not agree or correspond with the general government survey. The true intent and meaning of these presents is, that we severally and individu- ally shall have our lands according to our said claims that we now have claimed, whether our claims shall correspond with the actual survey or not. In case any difficulty should hereafter arise respecting any of our said claims, in any way whatever, we do severally and individually agree to let all disputes and difficulties be submitted to the following named persons, as a committee, who shall, or a majority of them, and their successors in office, settle all kinds of disputes or difficulties that may arise respecting claims whatever. The following persons were duly appointed as said committee :
DOCT. LEVI WARD, FREDERICK STOLP,
A. E. CARPENTER, WILLIAM J. STRONG,
CHARLES SIDDERS.
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DU PAGE COUNTY.
N. B. All claims, as respecting their size, both in timber and prarie, shall be submitted to the said committee, for them to say whether any of . our said claims are unreasonable in size or not. In case of any intrusion that may hcreafter arise with any of our said claims, we do severally and individually agree to pay our equal quota of expenses that may arise in defense of our elaims, according to the size and nature of our claims.
The above meeting was held at the house of A. Culver, on the east side of the Big Woods. JOHN WARNE, Secretary.
The following is a list of the members of this society :
Jolın Warne,
Elihu Wright,
A. E. Carpenter,
Nazah Beardsley,
James Dyer,
S. Hurlbut,
John Mosier,
. Darias J. Lamphear,
George Monroe, Harvey Higbee, N. H. Thomas, · Enos Coleman,
J. M. Warren,
John Maxwell,
· John Gregg, Samuel Mosier, Orrin W. Graves,
Eli Northum,
Phineas Graves, Wm. Hall, David Crane, James Brown,
B. Tubbs, Jr., Joseph Thayer, Thomson Paxton, L. Ward,
Zerah Jones, Reuben Jones,
George S. Blackman, Blackman & Winslow,
Frederick Stolp,
Charles Brown,
William E. Bent,
Nelson Murray,
Charles Sidders, James Hymes, Nathan Williams,
J. B. & E. Smith, Ira Woodman, Alden S. Clifford,
Jesse B. Ketchum, Barton Eddy, David Mckee, J. S. P. Lord,
Wm. J. Strong, Robert Hopkins, Jesse Graves, John Stolp,
John Fox,
Nathan Williams,
Joseph Wilson, Warren Smith, Henry M. Waite, Lyman King, Luther Chandler, Gilbert S. Rouse, S. H. Arnold, Joseph Stolp,
Allen Williams, . A. Culver,
Thomas N. Paxton,
Reuben Austin, Charles Arnold, Levi Leach.
Dennis Clark, Amander P. Thomas, Alfred Churchill, R. S. Ostrander, A. W. Beardsley, George Laird,
George C. Howes, Samuel Paxton, William Williams,
Joseph Fish,
Walter Germain, -John B. Eddy,
Linus L. Coleman,
Cornelius Jones, John Ogden,
Taylor S. Warne,
Wm. Hill,
Alanson Arnold, Eleazer Blackman, Aurin Ralph, John Sidders, Russel Whipple, Sheffield Mills, Jonas Lamphear, Wm. R. Currier, Manus Griswold, Isaac Barnes,
-
.
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HISTORY OF
We insert below the record of some of the transac- tions of this body, and also several decisions relating to disputed claims :
At a meeting this 6th day of August, A. D. 1836, at the house of Thomson Paxton, on the east side of the Big Woods, Cook county :
It was motioned and scconded that this be our first annual meeting, and our next annual meeting be held on the 6th of August next, at 1 o'clock, P. M., and to have a regular meeting evcry six months, or semi- annual meeting. It was motioned and seconded that the following named persons be a new committee, and they were duly elected, as follows: WILLIAM J. STRONG, THOMSON PAXTON, JOHN GREGG, WARREN SMITH, FREDERICK STOLP.
It was motioned and seconded that this society be called the BIG WOODS CLAIM PROTECTING SOCIETY. It was motioned and seconded that, at our semi-annual or annual meetings, in all cases a majority present shall have full power to do business; and further, that this instrument · shall not be altered, in any case, except at the annual or semi-annual meetings.
It was further motioned and seconded, that we bind our heirs and assigns. It was motioned and seconded that the secretary purchase a book to register our respective claims; and further, it was motioned and seconded that every person shall present or give a description of his or her claim, within ninety days from this date, to the secretary, to have our respective claims recorded in a book for that purpose. Any claimant not complying as above, such claim by us shall be considered null and void. It was motioned and seconded that in all cases where any suit or suits are investigated by the committee, the defaulter or trespasser shall pay all costs. It was motioned and seconded that the penal sum of this, our said constitution, shall be increased from one to ten thousand dollars.
Motioned and seconded that this meeting adjourn to the first Satur- day in February next, at 10 o'clock, A. M., to the house of Thomson Paxton.
At a meeting held this 4th day of February, 1837, at the house of Thomson Paxton, on the east side of the Big Woods, Cook county, - . Illinois :-
Voted, That the time be extended for entering claims, until the next annual mecting ; that the descriptions handed in since the time expired
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DU PAGE COUNTY.
should be received also, for recording. Voted, That no one settler shall be protected by this society on a claim to exceed six hundred and forty acres.
Voted, That the secretary drop a line to those individuals that have recorded more land than this society will protect them in.
Voted, That no member of our society shall commence a suit at the expense of the society, without the approbation of the committee.
Voted, That a written notice from one of the committee shall be given to the defendant, or to his wife, previous to any suit pending before them.
Voted, That our whole proceedings, from the commencement, shall be publislied in the three Chicago newspapers, and likewise in the Mil- waukee Advocate; that a committee of three be appointed to draft or prepare our proceedings for publication. The following named persons were elected said committee : RUSSELL WHIPPLE, ELI NORTHAM, WARREN SMITH, including the secretary.
Voted, That the secretary shall record all decisions made by the committee respecting claims.
Voted, That this meeting adjourn to the 6th day of August next, to mect at the house of Thomson Paxton.
DECISIONS OF THE CLAIM COMMITTEE.
We, the subscribers, have taken into consideration the right of claim in dispute between J. Warren and J. Maxwell, and award that the 160 acres shall be equally divided between said claimants.
L. WARD, CHARLES SIDERS, F. STOLP, WM. J. STRONG, 7
1 Committee.
Cook county, Illinois,} 5th March, 1836.
It was the decision of the committee that Mr. Warren has shown a right to the cast eighty, by an agreement, and that Mr. Warren, there- fore, has nothing more to leave out with regard to the above named lot.
WARREN SMITH, THOMSON PAXTON, JOHN GREGG, F. STOLP,
Committec.
Jan. 17, 1837.
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HISTORY OF
The committee agreed that the disputed quarter section within the furrow between Williams and Himes, should be equally divided between said Williams and Himes, the division line to run with the road. Wil- liams shall take the north half and Himes the south.
Entered Feb. 4, 1837.
We, the committee of the " BIG WOODS CLAIM PROTECTING SOCIETY," give judgment on the ease wherein James Dyer is plaintiff and David MeKee defendant; on a lot of prairie east of David Mckee's field. That the said David MeKee pay the said James Dyer one hundred dollars, and have all the improvements made by the said Dyer; otherwise, if the said David Mckee refuse to pay the above mentioned sum to the said · Dyer, he shall have the said lot of land as his lawful claim, to dispose of as his.
A society was formed for similar objects in 1839, called the "Du Page County Society for Mutual Pro- tection." At the risk of tiring our readers, we give some extracts from its records :
At a meeting of the settlers. of Du PAGE County, held at Naperville, on the 28th of October, A. D. 1839, Russel Whipple was called to the chair, and James C. Hateh appointed secretary. Whereupon the fol- lowing report was read to the meeting: At a meeting of the settlers of DU PAGE County, held at Naperville, on the 29th of September last, to take measures for securing their rights and interests to and in their respective claims, a committee of ten was appointed to draft rules and regulations to present for the consideration of this meeting, in compli- ance with which, said committee respectfully beg leave to present the following :
Situated as we are upon government lands, which have, by the indus- try of the settlers, already beeome highly valuable, and inasmuch as our claims lie in such a variety of shapes, and are of such different dimen- sions, that they eannot in any manner correspond with the government survey, it appears necessary, in order to prevent the most fearful conse- quenees, that the lines of our respective claims should be established previous to the government survey, and we ourselves bound by the strong arm of the law, to reconvey, as hereinafter mentioned, to our neighbors, whenever these lands are sold by the order of the general government, so as to keep our claims as they are now established; and to accomplish this end, we recommend the following regulations :
.
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DU PAGE COUNTY.
First. We do hereby form ourselves into a society, to be called the DU PAGE COUNTY SOCIETY FOR MUTUAL PROTECTION, and agree to be governed by such prudent rules and by-laws as the society may hereafter adopt, not inconsistent with the laws of the country; and that we will make use of all honorable means to protect each other in our respective claims, as may hereafter be agreed upon and recorded ; and that we will not countenance any unjust claim, set up by speculators or others ; and- wc declare that the primary object of this society is, to protect the inhabitants in their claims and boundaries, so that each shall decd and redeed to the other as hereinafter mentioned, when the government survey does not agree with the present lines, or lines which may here- after bc agreed upon.
Second. That there be a committee of five appointed at this meeting, three of whom may form a board of arbitration, to decide, from legal testimony, all disputes respecting the lincs or boundaries of any claim to which they may be called together, with the costs of the arbitration, and the party or parties who shall pay the same : Provided, It does not appear that such dispute has previously been decided, by an arbitration held by the agreement of the partics, which shall be a bar against fur- ther proceedings of said committee, except as to matter of costs.
Third. That each of the said committee shall be entitled to one dollar per day, for each day officially engaged.
Fourth. That, in all cases where the parties cannot establish their lines, either by reference to their neighbors or otherwise, either party may, at any time, by giving to the other ten days' notice of his or her intention, call out at least three of the board of arbitration, to decide the same, and their decision shall be final.
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