A history of the County of Du Page, Illinois, Part 4

Author: Richmond, C. W; Valette, Henry F.
Publication date: 1857
Publisher: Chicago, Steam presses of Scripps, Bross & Spears
Number of Pages: 228


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Fifth. That there be one clerk appointed at this meeting, who shall keep a fair record of all transactions of this association, and also of all descriptions of claims presented to him for record : Provided, That there is attached thereto a certificate from all who have adjoining claims, cer- tifiying to the correctness of such description, or a certificate signed by a majority of any arbitration, met to establish any line or lines of said claim; and that the said clerk shall be entitled to twenty-five cents for recording each claim and certificate.


Sixth. That it shall be the duty of every settler to present to the clerk a definite description of his or her claim, either from actual survey or otherwise, and also to sct his or her hand and scal to a certain indenture, drafted by Giles Spring, Esq., of Chicago, for this society.


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Seventh. That there be a committee of three in each precinct, ap- pointed at this meeting, for the purpose of carrying into effect the sixth regulation.


Eighth. That the settlers on the school lands ought to obtain their lands at government price.


Ninth. That we will firmly and manfully protect all who conform to the above regulations previous to the first day of January, 1840.


Which report and regulations were unanimously adopted, and ordered to be cmbodied in a constitution.


Thereafter, on motion, a committee of six was appointed by the chair, to nominate a board of arbitration and clerk, viz .: - Lewis Ellsworth, Elihu Thayer, Luther Hatch, Cornelius Jones, Job A. Smith, and David S. Dunning; who, having retired, returned and reported LYMAN MEACH- AM, ERASTUS GARY, and STEPHEN J. SCOTT, board of arbitration, and P. BALLINGALL, clerk; which nominations were approved of.


Whereupon, it was moved and adopted, that the following persons be the precinct committees, viz. :


NAPERVILLE PRECINCT .- Stephen J. Scott, Henry Goodrich, Nathan Allen, Jr.


WEBSTER PRECINCT .- John W. Walker, James C. Hatch, Pierce Downer.


DEERFIELD PRECINCT. - Luther Morton, Perus Barney, Moses Stacy.


WASHINGTON PRECINCT .- Lyman Meacham, Smith D. Pierce, Capt. E. Kinny.


ORANGE PRECINCT .- Job A. Smith, Wm. Kimball, Luther F. San- derson.


DU PAGE PRECINCT. - Warren Smith, Lorin G. Hulbert, Alvah Fowler.


BIG WOODS PRECINCT. - John Warne, Levi Lcach, William J. Strong.


Resolved, That this meeting adjourn till the first Monday in January, 1840.


RUSSELL WHIPPLE, Chairman.


JAS. C. HATCH, Secretary.


At a mecting of the "Du Page County Society for Mutual Protection," held at Naperville, the sixth day of January, A. D. 1840, in pursuance of adjournment, Russell Whipple took the chair, when, on motion of Mr. Geo. Martin, it was


49


DU PAGE COUNTY.


Resolved, That the time for recording the claims of the members of this society, in order to secure the bencfits of the ninth resolution of the meeting held on the 28th of October last, be extended till the first day of march next.


On motion of Mr. James C. Hatch,


Resolved, That the claims belonging to members of the society which lie on the line of, or in another county, shall be entitled to record, and protection, on the member complying with the fifth regulation.


On motion of Mr. Lyman Meacham,


Resolved, That when a claim belonging to a member of this associa- tion shall border on that of a non-resident, or that of a person out of the state, or on land not occupied, the same shall be recorded if a eerti- ficate from the adjoining claimants be attached thereto, certifying to' such non-residence, absence, or non-occupaney, and that there is no dis- pute concerning the same.


On motion of Mr. William J. Strong,


Resolved, That any member of this society who, in an arbitration, fails to establish liis elaim before the board of arbitration, shall pay the costs thereof within six days from the decision being pronounced, and failing to make such payment, he shall ccase to be a member of this society.


Resolved, That this meeting adjourn until the first Monday in March next.


P. BALLINGALL, Clerk.


At a meeting of the society, held at Naperville, on the 6th day of January, A. D. 1840, in pursuance of adjournment, Stephen J. Scott was appointed chairman.


Resolved, That James Johnson and Isaac B. Berry be allowed another trial in their arbitration with Harry T. Wilson, on condition that said Johnson and Berry pay one counsel fee, and the whole costs of the arbi- tration.


Resolved, That the board of arbitrators shall have power to fill all vaeaneies occasioned by death, removal, or otherwise, between this time and the first Monday in May next.


Resolved, That the resolution offered by William J. Strong, and passed at last meeting, be and is hereby repealed.


Resolved, That the line between Ephraim Collar and Timothy E. Parsons is hereby declared to be the road leading from - to -, laid by Butterfield, Church and Arnold, as the same has been recorded.


Resolved, That this meeting adjourn till thic first Monday in May next. P. BALLINGALL, Clerk.


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VHISTORY OF


At a meeting of the Du Page County Society for Mutual Protection, held at Naperville, on Monday, the 4th day of May, A. D. 1840, pursuant to adjournment, John Stevens was appointed chairman, and James F. Wight clerk, pro tem., when, on motion of Mr. P. Downer,


Resolved, That the time for settling and recording claims of the mem- bers of this society be extended to the first Monday in June next.


- Resolved, That this meeting adjourn until the first Monday in June next, then to mect in Naperville.


J. F. WIGHT, Clerk, pro tem.


At a meeting of the Du Page County Society for Mutual Protection, held at Naperville, on Monday, the 1st day (being the first Monday) in June, 1840, pursuant to adjournment, Captain John Stevens was appointed chairman. Patrick Ballingall, Esq., having resigned the office of clerk of this society, on motion of Mr. Hunt,


Resolved, That James F. Wight be and is hereby appointed clerk of this society, in the place of P. Ballingall, Esq., resigned. -


Resolved, That the time for settling and recording claims of the mem- bers of this society be extended until the first Monday in September next. On motion of Mr. Jamcs C. Hatch,


Resolved, That the Clerk hereafter record no certificates of claims unless it is certified that they are the only claimants adjoining the claim or claims offered to be recorded, or for want of such certificate, that the applicant shall make oath that no other person except those named in such certificate adjoin him.


Resolved, That the clerk notify all persons whose claims are recorded (without their having signed the settler's bond), that they sign the said bond, or they will not be protected by this socicty.


Resolved, That this meeting adjourn to the first Monday in September next, then to meet at the Prečmption House, in Naperville, at one o'clock, P. M.


JAMES F. WIGHT, Clerk.


At a meeting of the Du Page County Society for Mutual Protection, , held at Naperville, on Wednesday, the 3d day of March, 1841, Hon. Russell Whipple was called to the chair, and Morris Sleight appointed Secretary. After the object of the meeting had been stated by Stephen J. Scott, the following persons were appointed a committee to draft resolutions expressive of the sense of this meeting, viz. : LUTHER HATCH, STEPHEN J. SCOTT, WILLIAM J. STRONG, and ISAAC CLARK.


On motion of N. Allen, jr., Esq., Aylmer Keith was appointed clerk


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DU PAGE COUNTY.


of this society, to record claims and the certificates for the same, and to keep the settlers' book, in place of Jamcs F. Wight ..


Resolved, That the time for recording claims be extended to the first Monday of September, 1841."


The committec appointed to draft resolutions reported the following, which were adopted, with one or two dissenting votes :


Whereas, It is generally believed that the public lands on which we hold settlers' claims will be shortly offered for sale, and in order that cach claimant may obtain and feel secure in the possession of his just claim, it is deemed necessary that there be a uniformity of action and fecling on the subject, and believing that the proving up of preemption claims will have a tendency to create excitement and confusion, if not to interfere with the rights of others: Therefore be it


Resolved, 1. That we will not prove up our preemption claims, cven when justly entitled to do so, except in cases wlicrc it may be deemed necessary to secure the claimant, but that we will not do so without the consent of a committee to be appointed by this union, or the several towns, to settle disputes.


Resolved, 2. That any person who shall attempt to obtain a preëmp- tion, and thereby seize upon any part of any other person's claim, shall be deemed a dishonest man, not entitled to the protection of this union, and shall not be allowed to purchase any other land in this county, if this union can prevent it.


Resolved, 3. That when the inhabitants of any township shall guaran- tce to those on the school section, and entitled to a float, that they shall have their claim at ten shillings per acre ; then, in such case, if they · shall obtain, or attempt to obtain a float, or lay one upon any other claimant's just claim, they shall be considered no better than a thief or a robber, and shall have no protection from this union.


Resolved, 4. That it is the duty of this association to take measures to secure to claimants on the school section their claims at government pricc.


Resolved, 5. That the protection of this union will not be extended to any person who shall either take or purchase a school section float, except the township refuse to guarantee, as in the third resolution.


Resolved, 6. That thic several townships in this county call meetings and make such arrangements, and adopt such measures as may be thought necessary, with regard to their claims at the approaching land sale.


Resolved, 7. That the proceedings of this meeting be forwarded by the secretary to the land office in Chicago, and ask of the register and


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HISTORY OF


.receiver to act with regard to lands in this county on the spirit of the resolutions here passed.


Resolved, 8. That the proceedings of this meeting be signed by the chairman and secretary, and published in the Chicago papers.


Subordinate claim societies were organized in each of the precincts of the county ; the settlers pretty generally joined them, and many difficulties were adjusted by this means among the squatters. The hard times which followed the crisis of 1836 and 1837, discouraged speculation somewhat, and but few were able to purchase the land which they had improved, and some were unable to do that. The pledges made by the members of the claim societies were uniformly carried out, and all honorable men gave no cause of complaint to their neighbors. In a few cases some · less scrupulous refused to deed lands in their possession to the rightful owner, and in consequence quarrels and some suits at law were the result. - Some of these suits are still " pending and undecided."


We subjoin a few instances, showing how summarily a certain class of claim difficulties were disposed of. Many more might be added, but let these suffice.


Two neighbors owned adjoining claims, and at the time of the organization of the claim society their land was being surveyed by the government surveyor. . One of the men happened to be a member of the society, and the other not. It so happened that the random line, run by the surveyor, cut off a portion of the claim of the first, and left it in such a manner that the other would be entitled to a preemption upon it. When he discovered this, he refused to deed the land to the one who claimed it. Persuasion was used in


1


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DU PAGE COUNTY.


vain. He thought he had the advantage of his neigh- bor, and determined to. keep it. In a few days, however, matters assumed a different light, and then the line was established so as to give back to the society man not only what he claimed, but also a large corner from his neighbor's tract, and now he was entitled to a preemption. The obstinate man was thus induced to join the society, and take upon himself the obliga- tion to "deed and re-deed." "After being kept in suspense for a while, by way of punishment,. his -land was again restored to him.


There were many of the settlers who did not join the claim societies, but among all bona-fide settlers there prevailed a determination to protect each other. The first trouble arising from " claim jumping," was in 1836, or thereabouts, respecting the claim of Mr. Frothingham, in the town of Milton. A family of . squatters came on and took possession of a portion of his claim, without leave or license, and were determined to remain there in spite of entreaty or physical force. The settlement was apprised of this state of affairs, and a company of about fifty horsemen proceeded to the cabin of the incorrigible squatters, who, on seeing them coming, broke for tall timber, leaving but one occupant in the cabin, an old lady who had passed the running point. The sum of seventeen dollars was raised among the company to indemnify the family for sundry outlays which they had made upon the premises. This the old lady received upon condition that the family should quit the claim without delay. To expedite the execution of her part of the contract, the settlers fell to work and assisted in the removal of


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HISTORY OF


the furniture from the house, and in clearing the pre- mises of everything that belonged to the family. After this had been done, the house was torn down and the rubbish thrown into a heap near by, preparatory to kindling a bonfire, when the "meeting" was called to order and several stump speeches of a decidedly inflammatory character were made. We are not in possession of the minutes of those speeches, but have been informed that the Hon. Nathan Allen figured quite conspicuously in this part of the exercises. His speech on that occasion is spoken of as being one of his most felicitous and pointed ".efforts." When the speech-making had subsided, fire was set to the heap of promiscuous ruins, and the hut of the interlopers was soon reduced to ruins. The conduct of the settlers in this case proved a warning to future intruders, and claim jumping was rarely heard of in that part of the county afterward.


A man from Plunib Grove happened to be on his way to the Naper settlement and passing near the place while the affair just described was taking place. Seeing the smoke ascend from the spot, and hearing the universal uproar among the settlers, he concluded at once that a party of Indians was there, killing and laying waste. Turning from the beaten track which led near the honse, he made a circuit around the " marauders," and lashing his horses to their utmost speed, rode to the settlement, warning everybody. to flee for their lives. The cause of his fright was pretty generally understood, and therefore he did not succeed in getting up a very serions alarm.


A few years after a contention arose respecting the


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DU PAGE COUNTY.


Tullis claim, which was situated in the same neighbor- hood. Under a preemption law passed about that time, a man by the name of Harmond undertook to preempt a portion of the claim of Mr. Tullis, who had already obtained possession of it under a former preemption act. In order to comply with the provi- sions of the later act, Harmond built a pen of small poles near the center of his claim, staid in it only one night, and started immediately for Chicago to prove his preemption. On his return, he commenced making repairs upon an old block house which was already built upon his " quarter," and being asked why he was doing it, replied that he had preempted that claim, and was going to live there. This aroused the indig- nation of the neighboring squatters, who called a meeting to take into consideration the conduct of Mr. Harmond. He, being present, was advised to relin- quish his claim, but he positively refused to do it, and at the same time threw out some pretty savage threats against the settlers, in case they attempted to remove him by force. After a long consultation, it was con- cluded that the building on the premises should be torn down if he did not abandon it without delay. At this decision Harmond became greatly exasperated, and having his rifle with him, threatened to fire upon " the first man who should tear off a board." Where. upon a fearless Qaker gentleman stepped forth and remarked to Mr. Harmond that if he designed to put that threat in execution he had better begin by shooting at him, as he considered himself a mark of sufficient magnitude for a claim jumper to shoot at, any how. The old Quaker was soon joined by Lyman Butterfield,


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HISTORY OF


who addressed Mr. Harmond in pretty much the same strain, informing him that if he was not willing to waste his powder on one man, he would offer the additional inducement of placing his own . body in fair range, so that he might at least kill "two birds with one stone." But Harmond could not be prevailed upon to shoot, and so the party proceeded to the disputed claim, tearing down the house, and removing every vestige of former occupancy. Before ten minutes had elapsed, after the decision of the council of, settlers, this was done, and Mr. Harmond was sent on his way to other parts, not rejoicing, but uttering the most awful denun- ciations against such ungentlemanly treatment,


In justice to a numerous class of our early settlers, we deem it appropriate to introduce here a brief notice of a society which was formed in 1834, and known as the " Hognatorial Council." We have ransacked all the dead languages we ever heard of, in order to obtain for our readers some clue to the origin of this preno- men, but have been signally defeated in the undertak- ing. Its origin is altogether too obscure for us, and we leave the task of tracing it to more able and willing hands. The object of the " council " seems to have been the settling of a peculiar class of claim difficulties, which were not taken cognizance of by the bona fide claim committee, and its operations were designed to burlesque the proceedings of that committee, as well as to ridicule courts in general. All disputes brought before the " Hognatorial " were settled in a summary and satisfactory manner. We can illustrate this remark with but one instance, which occurred in the south part of the county. A man by the name of Clarke,


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DU PAGE COUNTY.


who was firmly grounded in Midshipman Easy's doc- trine of "what belongs to my neighbor belongs also to me," made a " claim" upon another man's land, lying somewhere on the Du Page river. Finding that peaceable and quiet possession was impossible, he applied to a gentleman who happened to be posted in " hognatorial" matters, for advice. . He was of course advised to bring the matter before the " Hognatorial Council," as that was the only reliable tribunal having jurisdiction over such grievances. His case was pre- pared by Nathan Allen, a man of superior legal attainments, and upon a certain day the Hognatorial Council room was crowded to witness the proceedings in the case. Allen opened the case by giving to the jury a plain unvarnished statement of the facts, and closed it by a most pathetic appeal to their sense of justice, in behalf of his wronged and injured client. Several witnesses were called upon to testify, and the upshot of the testimony was that Mr. Clark had a claim commencing at a certain point on Dn Page river, but in what direction his lines ran from that point it was impossible to ascertain. Several hours were occupied in examining witnesses, during which time Clark kept a boy running to and fro between the " council chamber" and his house, to inform his wife of the different phases which the-case assumed as the trial progressed. At length the testimony was all in, the closing argument made, and the case submitted to the jury. There was but one point left for the jury to act upon, and that related particularly to the boun- dary of Clark's claim. They were out but a short time, and returned the following verdict : "We, the


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. HISTORY OF


jurors in this case, decide' that Mr. Clark is justly entitled to a piece of land lying on the Du Page river, and described as follows, to wit : commencing at a certain point on the east bank of said river, and run- ning perpendicular to the horizon straight up." This was enough for Clark. He hastened to communicate the result to his waiting, anxious wife, and afterward proceeded to the tavern and got ingloriously drunk over the result of his victorions suit.


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DU PAGE COUNTY.


-


GENERAL VIEW OF THE COUNTY.


. SITUATION, EXTENT, ETC.


THE County of Du PAGE, is situated in the northern part of the State of Illinois, and consists of a fraction over nine townships. It belonged originally to Cook county, until its separation and organization into a distinct county by act of Legislature, passed at the session of 1839. It is bounded on the north and east by Cook county, on the south by Will and Cook, and on the west by Kane."


The early settlers were almost wholly of English extraction, but the population of the present day con- sists of a mixture of English and Germans. The following table will show when the several towns were organized, when first settled and by whom, and also the number of inhabitants, according to the census of 1850 and 1855:


TOWNS.


SETTLED.


BY WHOM.


ORGANIZED.


1850


1855


Addison,


1834.


H. Duncklee,.


1850


812


1,262


Bloomingdale,.


1833


S.L. & H. Meacham


1850


897


1,214


Downer's Grove,.


1833


Weils & Grant,.


1850


959


1,015


Lisie, ..


1830


Baley Hobson,. II. T. Wiison,


1850


1,187


1,466


Milton, .


1831


.


1850


1,005


1,8-1


Naperville,.


1831


Joseph Naper, ....


1850


1,628


2,055


Winfield,


1832


.


1850


1,149


1,583


Wayne,


1834


E. & J. P. Gary, ... John Laughiin, .... Eiisha Fish,


1850


855


1,039


York,


1834


1850


853


1,842


9,290


12,807


NO. INHABITANTS.


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HISTORY -OF


The number of inhabitants to the square mile, omit- ting fractions, was in 1850, twenty-two, in 1855, twenty- nine.


The following items are taken from the census of 1855. There are fifty-two manufactories, of all kinds, in the county, and the value of manufactured products, is $161,095. The value of live stock is $876,185. There were 104,761 pounds of wool produced. There were seventy-two common schools taught in the county, being an increase of twenty over the preced- ing census. There were three academies; number of pupils, 5,770. The population included one negro, and one Indian.


FACE OF THE COUNTRY, ETC.


DU PAGE County is generally level, and contains fair proportions of timber and prairie. The soil is well adapted to grazing, and produces abundant crops of all kinds of grain common to this latitude. The Du Page river, which has its rise in the northern part of the county, is skirted with forests of thrifty growing timber. In addition to the facilities thus afforded for timber and fuel, the inhabitants in the western part have recourse to the Big Woods, which lie partly in this county. The west branch of the Du Page, is a stream of considerable size, and affords numerous sites for the application of water power. - Besides several saw mills, and other manufactories, there are flouring mills situated upon this stream, at Warrenville, Naperville, and at Hobson's.


There are no other streams of much importance in the county, vet it is well watered by the smaller


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DU PAGE COUNTY.


streams and springs, which are everywhere to- be found. The average depth of wells is about twenty- five feet.


PRODUCTS OF CULTIVATION.


The chief staples are corn, wheat, rye, oats, and potatoes; but barley, buckwheat, peas and beans, are cultivated to some extent. Considerable attention is given to fruit raising. Orchards are generally young, and the adaptation of this climate to the culture of the apple, has not been fully tested. The prospect, how- ever, for a productive season, lias never been so encouraging as at present. The productions of horti- culture, are chiefly of the most common and useful kinds. Rare and delicate plants are to be found in few gardens. The grape is cultivated to considerable extent, and produces abundantly. - Locust trees abound. The horse chestnut, larch, mountain aslı, and various other species of the ornamental class, are generally. introduced. . The forests furnish a good variety of sliade trees. Of the sugar maple, elm, ash, butternut, and soft maple, large quantities are trans- planted to the farms and villages, every season. These will eventually take the place of the locust, which proves too susceptible to tlie- severity of our winters, many having died out during the past two years. DU PAGE is ranked as an agricultural county, but the attention of farmers has been directed to the raising of cattle, and it is thought by many, that the produc- tion of grain will gradually give place to the increase and improvement of stock.


The "Du Page County Agricultural and Mechani- cal Society," was formed in 1854. Its design. is to


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HISTORY OF


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promote a friendly intercourse among the citizens, as well as improvement and enterprise. in the cultivation of the soil, raising of stock, and the manufacture of useful farming and household utensils. The annual fair of this society is held about the middle of Septem- ber. The place of meeting is now fixed at Wheaton, the society having secured at that place twenty acres of valuable land, fifteen acres of which were donated by J. C. and W. L. Wheaton. The operations of this society, it is believed, are attended with many impor- tant results. . It calls the attention of the farming community to the better management of their farms ; to the greater production and more beneficial employ- ment of manures ; to the introduction of choice breeds of live stock, of all kinds, and especially working cattle, horses, cows, and sheep. By its annual premi- ums it excites emulation, and promotes a spirit of enterprise and activity among the agriculturists. - By the same means, it awakens kindred feelings among the women, and improves various and important articles of domestic manufacture. The farmers are generally the owners of the soil; they form a body of yeomanry deeply interested in the improvement of their farms, and the industrious habits of citizens-one of the grand supports of our free and happy govern- ment. Success then to this society, and may each succeeding year mark its nearer approach .to the worthy object for which it was formed.




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