Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers, Part 26

Author: McDonough, J.L., & Co., Philadelphia
Publication date: 1883
Publisher: Philadelphia : J.L. McDonough & Co
Number of Pages: 578


USA > Illinois > Perry County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 26
USA > Illinois > Randolph County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 26
USA > Illinois > Monroe County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 26


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For selling intoxicating liquors to Indians, slaves, apprentices and minors, severe penalties were enacted. For disorderly behavior at divine worship and hunting on the Sabbath, penalties by fines were prescribed. In 1810 a law was adopted to suppress dueling which made the fatal result of a duel murder, including the aiders, abettors or counselors as principals in the crime.


In regard to the collection of debts the principles of the common law favored the creditor. All the property of the debtor, both real and personal, without any humane features as to exemption, might be levied upon and sold under exe- cution. The sale was absolute, no time of redemption. If the land failed to sell for .want of bidders, it was the judg- ment creditor's right, at his option, to take it absolutely at the appraised value made by 12 jurors. But this was not all. If the property was insufficient to pay the judgment, the body of the debtor might be seized and cast into prison. Here he would be allowed the prison bounds, extending 200 yards from the jail in any direction, on condition only of giving bonds in double the sum of the debt, not to depart therefrom.


The territorial revenue was raised by a tax upon lands. Those situated in the river bottoms of the Mississippi, Ohio and Wabash, were called 1st class land and taxed at the rate of $1.00 on every 100 acres ; uplands were called 2d class lands, and were taxed at the rate of 75 cents per 100 acres. Unlocated, but confirmed land claims were taxed at the rate of 37} cts. per 100 acres. The county revenue was raised chiefly by a tax upon personal property, including slaves or indentured servants, not to exceed $1 each. The only real property taxed for county purposes was lots and houses in towns, mausion houses in the country worth $200 and upwards, mills and distilleries. There was levied also a capitation tax of $1.00 on every able-bodied single man of 21 years and over. Tavern keepers, merchants and owners of ferries were licensed at from 83 to $15 per annum. Horses and cattle were taxed by the head, not exceeding 50 and 10 cents respectively -- not according to value, as at present.


The entire territorial revenue, between the 1st of Novem- ber, 1811, and the 8th of November, 1814, was reported by the legislative committee on finance, in 1814, to be $4,875 45. But of this amount only $2,516.89 had actually been paid into the treasury ; the balance, nearly half, -- $23,58,56 re- mained in the hands of delinquent sheriffs. The delinquen- cies of sheriff's in their capacity as collectors of the revenues, remained a curse to Illino's, not only during its territorial existence, but for many years after it became a State .*


The courts established in 1779 by the county lieutenant were superseded by Governor Arthur St. Clair in 1790, and three judicial districts established to wit : Kaskaskia, Judge John Edgar; Prairie du Rocher, Judge Jean Baptiste Bar- beau, and Cahokia, Judge John De Moulin. After the or-


*These delinquencies of sheriff's as collectors of revenue are to be excused. The compensation of the officers, 10 per cent. of amounts collected, would for the whole territory amount to 8487.50 if all the revenue were collected. There were then 2 sheriff's, and if they had taken the pains of calling on each tax- payer in their respective districts, their travelling expensea would have ab aorbed twice the amount of their prospective compensation.


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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


ganization of the territory of Illinois, the whole territory formed one judicial circuit until 1818. The judges during this period were Obadiah Jones, Alexander Stuart and Jesse B. Thomas, appointed March 7, 1809. Stuart resigned in March, 1810, and was succeeded by Stanley Griswold. William Sprigg was appointed July 29, 1813, and Thomas Fowles October 28, 1815, and reappointed Jannary 16, 1816.


This General Court of the Illinois Territory held its first term at Kaskaskia on 12th day of September, 1809. Pre- sent : The Honorable Judges Alexander Stuart, Obadiah Jones, Jesse B. Thomas. The names of the grand jurors were :


Isaac White, foreman ; Samuel Cochran, William Simp- son, William Daniels, John Manis, John Hibbins, William Chaffin, John Worley, Ephraim Bilderback, Josiah Cox, Jacob Bowerman, William Stiles, John Murphy, John Phelps, Thomas Griffin, Samuel Omelvany, James Steele, Gershom Clemons, Alexander Blair, William Alexander, John Bradshaw and Owen Evans.


The grand jury thus assembled had a vast amount of labor before them. The most interesting case was that of The United States versn : James Dunlap, a physician at Kaskas- kia, and Michael Jones, " gentleman," also of Kaskaskia. Before going into the details of the indictment and subse- quent trial, a few words should be said in reference to inci dents preceding the indictment.


Rice Jones, son of the well-known John Rice Jones first lawyer of Illinois, had had difficulties of a political nature with several gentlemen at Kaskaskia, and in consequence a dnel betweeu him and Shadrach Bond had been arranged. The parties met on an island between Kaskaskia and St. Genevieve. When the principals had taken positions and the word was about to be given, Jones' pistol went off by accident. Dr. James Dunlap, Bond's second, claimed that it was Jones' fire, and that Bond might now fire at Jones ; "but Bond, the chivalrons and high-hearted Marylander, dis. dained doing so; in fact, the duel ended right there and the controversy was amicably settled on the spot. The incident gave rise to a bitter quarrel between Rice Jones and Dr. James Dunlap, who was urged on by Michael Jones and others to persecute Jones in every way imaginable. The threats against Rice Jones' life had become very loud towards the close of the year 1808, so that John Rice Jones saw proper to address the following note to Elija Bachus :


KASKASKIA, Nov. 25, 1808.


Sir-I have just heard of your threats of yesterday, that if my son did not go out of the conntry, he should in a few days be put out of existence-"it will be done, it shall be done." I now inform you that he will remain here, and if he should be murdered either by you or through your insti- gation, I shall know where to apply. I must, however, cou- fess that the threats of poltroons can be considered in no other light than as those of assassins.


Yours, JOHN RICE JONES.


On the 7th day of December, 1808, while Rice Jones was standing in the streets of Kaskaskia, in conversation with a lady, Dr. Dunlap stole np behind him and shot him dead 15


with a pistol. This murder created great excitement in the community, and Dunlap had to flee the country.


The grand jury, after bringing in an indictment against Dr. James Dunlap for murder, also indicted Michael Jones, " gentleman," because he did, on the 6th of December, 1808, incite, move, abet, etc., feloniously and with malice afore- thought, the said James Dunlap to commit the crime of murder.


The prosecuting attorney, B. H. Doyle, obtained the con- sent of court for a continuance of the trial on the affidavit of Archibald McKnabb, an important witness, being sick and unable to attend conrt. A continuance was granted, and Michael Jones, who had insisted on a speedy trial, was admitted to bail in the sum of $3,000. His securities were John McFerron, Shadrach Bond, Jr., Thomas Leavens, Henry Lcavens, Henry Connor and Samuel Cochran-all of the best people of the county, the f. f. of Randolph.


Michael Jones was tried on the 10th of April, 1810, before a jury composed of William Rector, Paul Harralson, Thomas Wideman, William McBride, John Anderson, George Franklin, David Anderson, John McFerron, Henry Conuor, George Creath, Jacob Funk and James Fulton. It will be observed that two of his bondsmen, McFerron and Connor, were members of the jury that tried Jones' case.


Michael Jones was acquitted, but the court exonerated the " prosecutor" (John Rice Jones ?) from paying the costs, as there were probable grouuds for preferring the indict- ment.


Another Murder Case .- James McGlaughlin, indicted for the murder of Thomas McGlaughlin, was tried on the 13th of September, 1809, before the following jury : John An- derson, Robert Hill, Thomas Stubblefield, John McFerron, Joseph McCourtney, John Howell, Robert Penny, Thomas Leavens, William Evert, Thomas Fulton, William Dees and Robert Huggin, who brought in a verdict of guilty, where- upon the court sentenced James McGlanghlin to be hung on the 23d day of September, 1809, in or near Kaskaskia. The writer could not ascertain if the execution took place or not.


Two others, Robert Hays, " yeoman," and Jesse Canada, " laborer," indicted for the murder of Thomas Allen, were tried and acquitted.


John Boren, " laborer," indicted by the same grand jury for clubbing Samuel Billingsley to death Nov. 20, 1808, as also Hosea Boren, for aiding John, had their cases con- tinned and were nolle pros. April 10, 1810.


Several grievons cases of assault and battery were tricd and ended in the conviction of the fighters, who had to pay pretty heavy fines, from 12 to 60 dollars. Francis King, indicted for breaking into and burglarizing the store of James Wilson, was tried by a jury and found guilty whereupon the sheriff was ordered to take King Francis to some " convenient" spot and there give him "39 lashes on his bare back, well laid on."


Moses Canada and John Gibson, indicted for stealing " one gelding of a black color" from sheriff Stephenson, were acquitted.


Nelson Rector, the old surveyor, had had " difficulties with Benjamin II. Doyle (U S. Attorney), and had admin-


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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


istered a terrible cudgeling to him on the first of June, 1809. The grand jury could not ignore this outrage, and so we read on the records of that term :


Nelson Rector, surveyor, being a person of a terrible, cruel, fierce and inhumane disposition, and wickedly having iu his heart rank malice and ill will towards Benjamin H. Doyle, on the 1st of June 1809, did beat the said Doyle with a round stick or cudgel, cruelly and barbarously, striking him diverse, terrible, grievous and dangerous blows upon the head and hands, to the manifest danger of life, etc. Rector had the case continued, and on the 10th of April, 1810, confessed the allegations charged against him in the indictment, and put himself upon the mercy of the court, who fined him $60.00 and costs. Doyle was not satisfied with this sentence, and now brought suit against Rector for ' damages. In his declaration he stated that Rector felled him to the floor with a blow of the cudgel, and then continued beating him mercilessly until he left him for dead, etc., etc. The case was subsequently dismissed, Rector paying costs.


It is somewhat strange that neither the grand jury nor the petit jury had any French among them, but it also should be stated that no French names are to be found among those indicted.


PROBATE COURT. 1809.


William C. Greenup, clerk of the county court, trans- acted the probate business of the county on his own responsibility. The entries made on the records are not in chronological order. The first one, dated July 9th, 1810, has reference to the estate of Jean B. Godfroy, deceased, and grants letters of administration to Louis Buatt in the following language :


William C. Greenup, clerk of the county court of Ran- dolp to Louis Buatt, Greeting :


Whereas, Jean Baptiste Godfroy, late of this county, deceased, died intestate as it is said, I do therefore give and grant unto you full power and authority to administer, etc., etc.


The estate of said Godfroy, consisted in a sorrel horse three years old, valued at $20.00, and one arpent of land in front extending from the bluff to the Mississippi, lying in the big prairie below Prairie du Rocher, and was appraised at $60 00 by Jean Baptiste Gendron and John Doyle.


Then comes an inventory of the estate of John Beaird, dated March 13th, 1809. Beaird must have been farming extensively ; the inventory mentions seventeen horses, worth from $45 to $100 each, two yoke of oxen, wagons, plows, six sets of harness, etc., a " mulatto negro " worth $350, and a black boy worth $250.


Prices paid at the sale : Corn, ten cents per bushel, one barrel of pork, $10.00, one half dozen of pewter plates, $2.50. The negro boy " Berry " was sold to John Beaird, Jr., for $450, the other brought only $225. Mrs. Elizabeth Worley paid $120 for a bay mare; twenty acres of wheat in the field brought $65, and a pot trammel $4.25; cows sold for nine, ten and twelve dollars, but a "mulley " brought $13.15, purchased by Monsieur Archambeau; one yoke of oxen


sold for $60.00 and the other for $17.50. The sale amounted to $2,273.20.


On page twenty-five of said record is found the following will, which was in all probability drawn up by some justice, who had but recently written out a deed.


Illinois Territory, { Randolph County. Know all men by these presents, that I, Isaac Allen of said county, being in a low state of health but yet in my right mind, do render my soul to God, and my estate to my wife and children in the following manner, and this is my last will and testament to stand against all other previous to this. And I do hereby appoint John Anderson and David Anderson of this county my executors, and I do hereby bequeath unto my wife, Rutb, one black mare about thirteen years old and two colts, one a yearling and the other a spring colt, one hay horse about six years old, and all the neat cattle except steers; about thirty head of hogs, and all the household furniture, and all the corn in the cribbs and the land, and all the rest of the property to be sold on the 15th of October, at twelve months credit, my wife Ruth to have a child's part of the vendue money, the other property which I have bequeathed to her, is to be for the use of her and the children while she remains a widow.


This I acknowledge to be my last will and testament, in witness whereof, I have hereunto set my hand and seal this 19th day of May, 1810. ISAAC . ALLEN.


The testator seemed to have been sure of his early demise, inasmuch as he fixed the day of sale, nor was he mistaken, for the records show, that the will was probated on the 23d of June, 1810.


ESTATES PUT UNDER ADMINISTRATION FROM 1809 To 1818.


Jean B. Godfroy, Ambrose Vasseur, Jean B. Barbeau, James Davis, Isaac Allen, Charles Burk, Joseph Danie, Nelson Montgomery, Henry Bowers, Margareta Cochon, Nathan Dever, Moses Stephans, Israel Bailey, Samuel Liv- ering, Abel Dewey, Isaac Baker, Robert Robinson, Elijah Bachus, Pelage Danie, Moses Harrison, Jesse Reynor, Henry Laughlin, Wm. McGlaughlin, James Anderson, James McNabb, John Lively, John Robinson, Francis Gar- ner, James Smith, Clement Drury, Elijah Benton, Joseph Lavoy, John Hicks, John Wooten, Joseph Laflambois, Catharine Pagé Gasper Butcher, Samuel Wilson, John Fisher, Gregory Codel, John Mansker, James Fulton, John R. McGlaughlin, Michel D. St. Pierre. William Arundel, Robert Gas'on, Samuel Blakely, Nicholas G. R. Rhea, James Edgar, Blissett de Rouse, Samuel Vermillion, Eliza- beth Septante, and John Hochersmith.


William C. Greenup attended to all the probate business of the county until August 6, 1821, when Hon. Curtis Conn appears as judge of probate of Randolph county. David J. Baker. succeeded Curtis Conn on the 24th of August, 1827. Dwight Hunt, probate judge, from March 7, 1831 to May 16,1.31.


During his brief administration the WILL of JOHN EDGAR was probated. This will was drawn up in the handwriting


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of Elias Kent Kane, the senator, and was also witnessed by him, James L. Lamb, and Patrick Kevenaugh. The will is dated Septr. 4, 1823. The contents of the will are as follows :


In the name of God, Amen. I, John Edgar, of Kaskaskia, in the state of Illinois, being sick in body, but of sound mind, memory and discretion, knowing the uucertainty of life and the certainty of death, have made this my last will and tes- tament, and do hereby declare and will as follows:


Item first : Whereas ou the 25th day of November in the year 1823, I executed in contemplation of my late marriage with my dear wife Eliza, to the said Eliza a hond in the penal sum of $20,000, conditioned for securing to the said Eliza over and above her dower, the sum of $10,500, now therefore for the purpose of satisfying and fully complying with the conditions of said bond. and in order to provide a suitable maintenance and support for my said wife Eliza, I do hereby devise aud bequeath to my said wife in full property and domain the house whereiu I now reside, iu the village of Kaskaskia, together with the lots adjoining the same and together with all my household furniture, I also for the same purpose give and bequeath to my said wife ny mills, distillery and ferry on the East side of the Kaskaskia, together with all the lands belonging to and adjoining the same. Also my tract of land below the village of Kaskas- kia in the Common field of said village; also my tract of land ou the East side of the Kaskaskia river, called the gar- rison hill tract, in fec simple and full domain ; I also give to my said wife all my stock of cattle, hogs aud other stock.


Item Second .- I do further will, that my debts he paid out of the remainder of my property.


Item Third .- After all my just debts chall have been paid, I do will and bequeath a'l the rest and residue of my estate, real, personal and mixed, whether in possession, in action or in expectancy, to my said wife Eliza, to have and to hold the same absolutely in her own right forever.


Item Fourth .- I do further hereby name and appoint my said wife Eliza sole executrix of this my last will and testa- ment, and that she be not required to give any security for the administration of my estate in any shape whatever, etc.


James Thompson, Probate Judge from May 16, 1831, to April 27, 1837, from and after which day the judge signed his name as probate justice of the peace. Hle remained in office until after the adoption of the Constitution of 1848, when he was superceded by Hon. John Campbell, first county judge of Randolph county.


SLAVERY IN RANDOLPH COUNTY.


Readers may wonder at this caption. Slavery in Illinois ! Why, the very ordinance of Congress creating the territory northwest of the river Ohio, decreed that neither slavery nor involuntary servitude should exist in it. How, then, could that institution be established? The fact is, that the ordi- nance of July 13, 1787, found slavery in this as well as in other parts of the vast territory.


The first slaves were brought to Illinois by Antoine Crozat and his followers about the year 1713. King Louis XIV. of France had, ou the 14th of September, 1712, granted to said


Crozat letters patent to the vast regions extending from Upper Canada to the Gulf of Mexico. Crozat arrived in 1713, and commenced mining operations in the vain hope of finding precious metals. His followers were suffering with climatic diseases, and therefore a number of blacks were im - ported from the French West ludia I-lands. Crozat's ex- ploits, however, failed entirely, and he returned to France in 1717, surrendering his patents to the crown.


François Renault (properly Renaud, manager of the affairs of a company of adventurers, sent out by the " Com- pany of the Indics," to whom the royal domain refused by C'rozat had been granted in 1719, brought 500 negro slaves to Illinois, landing them at the site of the "ancient village of St. Philip." Ilis contract stipulated that he should bring at least six thousand whites and three thousand blacks to Illinois within twenty-five years from the date of his grant (1719).


By the condition of the peace of Paris, February 10, 1763, the territory was ceded to England, and on taking possession of it in 1764, General Gage, commander in chief of the English troops in America and governor. issued a proclama. tion in the name of the crown of England, December 30, 1764, in which all the rights and privileges heretofore en- joyed by the then inhabitants of the ceded territories were guaranteed to them. Sieur Stirling, captain of the High- land Regiment brought this proclamation to Kaskaskia in person. Virginia in her turo [1779] readily guaranteed to the inhabitants of the conquered territories all their prior rights and titles of whatsoever description, and when the old Commonwealth ceded and deeded the territory to the United States, the rights and privileges etc. were guaranteed again by the latter. Hence it was afterwards strenuously con- tended that the famous ordinance of 1787, prohibiting slavery conflicted with the deed of cession and was therefore not binding in effect, as slavery had legally and legitimately existed in the territory.


This view, however was not taken by the judicial authori- ties of the territory at the earlier period as will appear more fully from the following proceeding and order of court of Sept. 1798.


It appears that a certain negro, formerly a slave. had found his way into the territory and that his case was taken into court, in order to make a test case of it. Guy, the negro in question appeared before his honor, Judge John Cleves Symmes at Kaskaskia on the 22d of September, 1798, when the following proceedings were had. Guy in making his application for certificate of freedom subscribed the fol- lowing affidavit. to wit :


Guy, a negro man aged about 30 years who being duly sworn according to law deposeth and sayeth that he formerly lived with and belonged to Adam Lawrence of North Caro- lina who moved to and settled on Green River in 1793, and that his master and "him " agreed, that he [Guy] and his wife, also a slave of said Lawrence, should stay with him until they had made 1000 bushels of corn for him, but that after having raised and delivered 750 bushels of corn on lauds first cleared by them, his master sold him to one Robert Mitchell of Massac who had come to his masters house with


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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


a load of lead, and that his master got into a great frolic and was drunk for some days, in which time said Mitchell had bought him [Guy] and his wife. Said Mitchell had then taken them to Fort Massac, promising never to sell them, and to set them free if they would clear off a piece of land [five acres] during the fall and winter and then plant it in corn and tend it well during the summer. In consequence of these promises, he had gone to work clearing the land. when all at once Mitchell had sold him and wife to one Nealy, bound to the Spanish dominion ; that they first re- fused to go, but as he knew they were too strong for him, and could bind him and take him by force, he consented to go, though determined to leave the boat if he could. The boat had landed 20 miles below Fort Massac during the night, when he and his wife made their escape, and after great difficulties and many sufferings and hardships he and his wife had arrived at the town of Kaskaskia in the county of Randolph. On the 22d. of Sept. 1798, the court there upon entered the following order : Guy's Freedom Papers.


Territory of the United States ? Northwest of the Ohio River S SS


Be it remembered that on this 24th day of September. 1798, Guy, a negro man, and Abigail, his wife, being both severally brought before the subscriber, one of the Judges of the Territory, when they alleged, that by the Ordinance creating the government of said territory, there can be no such condition as slavery, therefore that the said Guy and Abigail, his wife, of right are and ought to be free, and the subscriber having maturely considered the premises does adjudge the said negro man, Guy, as well as his wife, Abigail, citizens of the United States, and that they ought of right to enjoy all and every privilege and franchise with relation to their personal liberty and protection of property, unmolested, subject only to the laws of the land.


And all persons are hereby advised and forewarned not to invade or annoy the entire freedom of the said Guy and Abigail, which by this record is absolute.


Given under the hand and seal of John Cleves Symmes, at Kaskaskia, the day above written. JOHN CLEVES SYMMES. All honor to the Judge ! *


* MANUMISSION IN 1760.


George Morgan, one of His Majesty's justices of the peace for the country of the Illinois, took the acknowledgment of one " Antoine Renand" to the following doemment after having fully explained the contents thereof to him, in the French language, to wit :


To all people to whom these presents shall come, Antoine Renaud, of Kaskaskia village, in the country of the Illinois, yeoman, sends greeting. Whereas the said Antoine Renand is now in actual possession of a certain negress slave named Ton Ton, and, whereas, for causes and considerations hereinafter recited, he is very desirous that the said negress shall no longer remain in bondage as a slave to him, or any other person er persons whatsoever. Now, know ye that the said Antoine Renand, in consideration of the great and signal services she, the said Ton Ton, hath done and performed for him, the said Antoine Renand, since she hath been his slave, as well as in consideration of his aversion to any of the human species continuance in perpetual bondage and slarery, and also in consideration of £5 lawful money of Great Britaln, to him, the said Antoine Renaud, by the said Ton Ton in hand paid. at and before the enscaling and delivering of these presents, the receipt whereof is hereby acknowledged, he, the said Antoine Renaud, hath for himself, his executors and administrators, fully and amply released, liberated and forever discharged her, the said Ton Ton, from all slavery, bondage and servitude whatsoever, either te himself, the snid Antoine Renand, hia executors or administrators, er to any other person or persons whatsoever




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