Historical and Statistical Sketches, of Lake County, State of Illinois, Part 2

Author: Elijah M. Haines
Publication date: 1852
Publisher:
Number of Pages: 135


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Mr. Dennison continued in office but a short time, when be resigned his station, and at a special election, immediately thereafter, Jo- seph Wood, Esq. was elected without opposi- tion, to fill the vacancy.


Many designing individuals, as is the case in all new countries, were making their ap- pearance among the sarly settlers at this time,


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for the purpose of political preferment, and while many of them flourished, tor a season, their "blushing hours" have withered before the coming of autumn.


The first Circuit Court held. in McHenry County, was held at McHenry .. in the spring of 1838, when a Docket of 62 cases was made up for adjudication. The Hon. John Piersons presiding as Judge ; Alonzo Huntington was present as Sutter Attorney; H. B. Steele, Sheriff, and A, B. Wynkoop, Clerk. The Court room was in the upper story of a log house, occupied as a tavern; which stood where now stands, the splendid and comino- dious Hotel of Mr. Baldwin.


The novel scenes of this occasion, will long be remembered by those who participated, and are probably well understood by many who had not that opportunity.


The limited accommodations of the young village of McHenry, which consisted at this time, of three or four log houses and a barn, rendered it necessary to occupy the Court room at night as a sleeping apartment, upon each return of which, the floor was found covered with various specimens of ingenuity, in the shape of basis, composed of buffaloes, mats and various other descriptions of bed- ding, and many even then, could not be ac- commodated with a place to recline upon, and were compelled to while away the "dark hours" to the best advantage, by eng ging in various kinds of amusements,-"telling yarns" and cracking jokes-and when the reader is informed that Col. J. M. Strode, No well known to the pioneers of the north west, Was among the number on this occasion, he may well calculate, that the hours passed merrily away. No Member of the Bar in northern Illinois, bas probably had equal experience in pioneer


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Courts, with our esteemed friend, the Colo. nel ; and his remarkable talent for cracking jokes, and telling a good story, no doubt ren- dered him doubly welcome on this occasion.


So eager were men for office or some kind of public calling, in those days, that many were known even to solicit the favor of being drawn as jurors, and many others who had chanced to be drawn as such, without solicita- tion upon their part, seemed to be elated in the highest degree at their good fortune, for an opportunity to appear among their fellows, as among the chosen few.


As we have before intimated, offce seeking among the early settlers, was the "order of the day;" but many of the bright and shining lights of those days have since fallen into the darkest obscurity, while among them, too, were men of the highest order of talent.i


Matters continued rather quietly until the fall of 1838, when the County of McHenry was thought to be quite thickly settled, and for convenience of the inhabitants in transact- ing County business, it was thought advisable by many that the County should be divided ; accordingly a petition was drawn up and eir- culated for the purpose of affecting this object. The following is a copy of this petition, which is sufficiently explicit within itself to super- sedo the necessity of comment.


"To the Honorable the General Assembly of the State of Illinois :"


"Your memorialists, the inhabitants of the County of McHenry, would respectfully represent, that after due consideration and the most anxious and careful investigation of facts and circumstances connected with said - County, they have came to the conclusion, that in order to procure the greatest amount


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w'comfort, convenience and prosperity, it is necessary and expedient that the said County be divided making the centre of Fox river the dividing line from north to south ; and all that portion of County lying east of Fox river be and form a new Connty, to be called Lake County, and that portion west of Fox river, containing ranges five, siz, seven and eight, cast of the third grincipal meridian, be and continue to form the county of MeHenry.


"The greater proportion of the inhabitants ot said County as formed and organized by the Acts of 1836 and 1837, is composed within the limits of ranges five, (5,) six, (6,) seven, (7,) ten, (10.Jeleven (11)and twelve,(12,) east of the third principal meridian, being the extremes of' the vast territory of which our County is now formed, which is populated with enterprising and intelligent citizens, who at the present time number at least four thousand souls- with a list, as by the Tux Roll of the year 1838, of eight hundred and seventy five tax paying citizens.


"And we would further represent, that the County of McHenry is nearly fifty miles in length, and is twenty four miles from north to south, and the seat of justice of the County, as located, being immediately on the west bank of Fox river. We would (in case your Hon- orable body grant us a division,) ask that a review be made to re-locate the seat of justice of McHenry County, and that Commissioners be appointed therefor. Also that your Honor- able body will appointCommissioners to locate the seat of justice for the County of Lake ; and as in duty bound, your petitioners will ever pray."


This petition received the signature of a large majority of the legal voters of McHenry County, and was accordingly presented to the


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Legislature at its Session of 1838 and '39 : upon which the County of Lake was created, and the following fixed as the beundaries for the new County. "All that portion or Mc- Henry County east of a range or sectional line, not less than three miles, bor more than four miles east of the present County sent [McHenry Village,] of McHenry County, shall constitute a new County to be called the County of Lake."


About this time an attempt was also made to create a new County, to be called the County of Michigan, out of a portion of Cook, and a purt of that portion of MeHenry, lying on the east of Fox river, so as to bring the County seat at Wheeling," which us a matter of course. if accomplished, would have a tendency to defeat the plan of creating theCounty of Lake; and thereby render it certain of continuing the County seat of McHenry County at Me- Henry Village, which attempt however proved unsuccessful, and the chagrin of the Michigan County "boys" at their defeat, avec understand, has scarcely subsided to the present day.


It will be recollected that Doctor Richard Murphy, so long and favorably kuown to most of our citizens, was at this time a member of the Legislature from the Cook District, whose integrity and regard for the interest of his constituents, we believe was never doubted during the three terms for which he served ; yet it is claimed, we understand, by a gentle- man of McHenry, who has for several years enjoyed considerable fame in the world, and who had the honor at this time, of holding the station of outside, or "lobby" meinber. that he succeeded in exerting a kind of influ- ence over the Doctor, by which he was eua- bled to fix the western boundary of Lake County where it now is, instead of making


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Fox river the line, which it more properly should have been, which seems also to have been the prayer of the petition, upon which the action was predicated ; but as this matter transpired long before the writer hercof had arrived at years of maturity, he does not claim to speak advisedly upon the subject ; but from his subsequent personal acquaintance with Dr. Murphy, it affords bim the greatest pleas : ure to speak of his talents and integrity as well ns of his social qualities, in the highest and warmest terms.


By the Act creating the" new County of Lake, Edward .E. Hunter and William Brown of Cook County and Col. E. C. Berry of Fay- ette County, were appointed Commissioners to locate the seat of justice. Brown and Hunter, we understand, were appointed upon the suggestion of many of the petitioners, and Col. Berry from his thorough acquaintance with the geography of the County, having a short time previous been engaged in survey- ing the Government lands therein, under the direction of the Surveyor General.


The said Commissioners, or a majority of them, were required to to meet at the house of Heitry B. Steele at Independence Grove, (now Libertyville,) on the first Monday in May, 1839, or as soon thereafter is might be conveni- ent, and after being duly sworn by sonie Jus- tice of the Peace, faithfully to perforin the ' duties required of them as such Commission- ners, to proceed to locate the seat of justice for the new County ; having due regard to the geographical situation, the settlements and convenience of the population at that period, as well as thereafter. All the land in the County being at that time in the hands of the Government. The claimants ot laud upon which the County seat might be located, were


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required to relinquish their claim to a tract not less than twenty acres, for the use and benefit of the County, upon which to erect the public buildings ; and it was made the duty of the County Commissioners to obtain a title from the General Governinent of said lot of land, as soon as the same could be ac complished ; and were required to appropri- ute from the funds of the County, so much as would be necessary for that purpose.


The legal voters within the territory of the new County were required to meet at the several places of holding the last general election, under the organization of MeHenry County, on the first Monday in August, 1839, for the purpose of choosing County officers. The returns of said election were to be made by the judges aud clerks thereof, to the County Commissioner' Court of MeHenry County, according to the law in other cuses, and the clerk of said Court was required to give cer- tificates of election to the officers elect of the new County.


The new County of Lake, was by this Act, attached to the seventh judicial circuit, in which it has remained to the present time.


That portion of McHenry County which was to form the County of Lake, if we re- member correctly, was divided, at the time of the aforesaid election, into only four pre- cincts, or election districts; which at the present time numbers fifteen. The names affixed to them were Abingdon, Indian Creek, Oak and Lake ; all of which names have now become extinct, except Abingdon, the re- mains of which is summed up iu a post office now located at Saugatuck. [The name of Ah- ingdon has been changed to "Hartford" Post Office, at a recent date.]


Thus much for the initiatory or preparatory


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steps, to the erection and organization of the present flourishing County of Lake. The half of course "has not been told," yet proba- bly sufficient to enable the reader to form his own ideas and draw his own conclusions.


There are many things of a private nature, which transpired about this period, which might, it is true, prove interesting to some, but would of course give offence to others. And we hold it to be true, that there is no man, who has figured in public life to any extent, either in high places or low, but that there are portions of his life, which upon his part, would be most gladly forgotten, while upon the the other hand, their remembrance operates as a sweet morsal, to the tantalizing spirit of his cotemporaries.


CHAPTER III.


About the first of June 1839, two of the Commissioners for locating the County seat, Hunter and Brown, met at Libertyville, and having taken the oath of office, entered upon their duties, which were performed after a a very brief inquiry into the wishes of the people, by locuting the County seat at Inde- pendance Grove, to which, with the concur- rence of the inhabitants at that place, they applied the name of Burlington, which, as we have before stated, originally bore the name of Vardin's Grove, but was subsequently changed to Independence Grove, when in the winter of 1836 and '37 a post office was established there, to which was applied the name of Libertyville.


Whilst many have frequently and loudly condemned the conclusions of the Commis- sioners in locating the seat of justice as they did, and have gone so far as to prefer many serious charges against them. We are inclined


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to the opinion, that most nien, even of the best perception and thorough acquaintance with the western country, would at that time, have arrived at the same conclusion.


It was supposed that the road from Chicago to Milwaukee, by the way of Libertyville, could never be superseded, but on the con- trary must continue to increase in import- ance, until it would become one of the great- est thoroughfares in the western country. It was therefore considered that the interest of the inhabitants of the County, required the location of the seat of justice upon this thor- oughfare ; in view of which, Libertyville was considered to be unquestionably the most favorable point. Upon the east side of the Des Plains, it was, as yet, but thinly settled, and the prospects for a deuse population in that portion of the County seemed not at this period to be very flattering.


A small beginning had been made at Little Fort, (now Waukegan,) where a very good sized storehouse had been erected by ene Thomas Jenkins, which building is still stand- ing upon the bank of the river, near Dickin- son's ware house, in which Mr. Jenkins had placed a very good stock of goods for the purpose of trading; and was also endeavoring to do something in the line o, forwarding ; while with the assistance of two or three en- terprizing individuals in the vicinity, a very favorable impression was being created ; but at length a controversy arose between the claimants, as to the occupancy of -the land, when business become pretty much entirely suspended.


What few inhabitants were settled in the vicinity of Little Fort were anxious as might well be supposed, that the County seat should be located at that place, but being conscious


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of their minority, and considering, no doubt, prudence to be the better part of valor, they at that time said but little upon the subject. Their own interests, arising from their par- ticular location, through a good degree of hope, prompted them we believe, that a day of success yet awaited them, notwithstanding the preliminary decisions might be against them.


The time for electing officers for the new County, was at length near at hand, party politics, as well as local interest, had already created no small degree of feeling throughout the County. Such of the inhabitants as enter- tained a bright hope asto the future prospects of Little Fort, felt no small degree of interest in the result of the approaching election as might well be expected.


Their plan was to secure, if possible, the election of such County officers as were favor- able to the re-location of the County seat ; especially that of County Commissioners, whose duty it would be, to take charge of, and conduct the affairs of the County. If, therefore, such Commissioners should be elected, as were favorable to having the County seat remain where it had been already located, they of course would at once proceed to the permanent erection of the County buildings, and adopt all such measures as would have a tendency towards settling the question of removal in the minds of the people henceforth. While on the other hand, if such Commissioners be elected as were fa- vorable to the removal of the County seat as desired, quite a different course of proceeding would be adopted. This plan, however, seems not to have been very generally under- stood throughout the County, in consequence of which, the friends of Little Fort succeeded


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in some degree, in accomplishing their de- signa, while they must have been altogether defeated, had their plans have been well un- derstood, as they were much in the minority.


An attempt was made by a designing few, to combine all parties through a Mass Meet- ing, and bring out a sort of union ticket, to which it was understood, there should be no opposition. This Meeting convened at the barn of Dr. J. H. Foster at Independence Grove : this being at that early day, the most commodious building that the town, or per- haps the whole County afforded. It was soon ascertained after the convening of the Meet- ing, that the conflicting interests and opinions of the persons composing the body, would not allow of accomplishing the object for which they had assembled, and therefore, after a season of wrangling and discord, the Meeting broke up in coufusion, without ma- turing anything, and as the subsequent politi- cal history of Lake County would show, without profiting in the least by that days experience. Butafter the lapse of a few weeks, the two political parties took issue upon their respective nominations, and the election came off with the following result :


Sherif-Henry B. Steele. County Commissioners-Charles H. Barlett, Nelson Landon and Jared Gnge. Treasurer-Matthias Mason. School Commissioner-Lewis G. Schenck.


Surveyor-John A. Mills. Probate Justice-Arthur Patterson. Coroner-Starr Titus. Clerk of County Commissioners Court-Lan- sing B. Nicho!s.


Those in italics were known as Little Fort men. Two Justices of the Peace, and two


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Constables were also elected at the same time, in each Precinct.


The number of votes cast at this election was 375.


The officers elect were immediately quali- fied as required by law, and entered upon the duties of their offices.


A special term of the County Commission- ers Court was immediately called at the County seat, at which term the County way divided into eight election districts, or pre- cincts, as they were more properly termed in law, viz : Lake, Oak, Middlesex, Burling- ton, Mill Creek, Bristol, Fort Hill and Zurich.


The matter of erecting the County build- ings was soon agitated to some extent ; and as a matter of course the friends of Independ- ence Grove, were anxious that this thing should be accomplished as soon as possible, in order to permanently settle the question of the location of the County seat, and as the "Grove folks" scemed to have the ma- jority in the County Commissioners Court : the friends of Little Fort found it necessary to exert their ingenuity at this time, to the extent of their ability. Accordingly, it was suggested by Mr. Landon, one of the Board of Commissioners, and urged by him, that the finances of the new County, would but allow of incurring the expense necessary for putting up of such buildings as the County required. It was therefore suggested by him, at the in- stance of his friends that perhaps some per- son could be found, who would build such a building as the immediate necessity of the public required, which could be rented until the funds of the County would warrant the building of something more permanent.


Accordingly an arrangement of this kind was entered into between the Commissionera


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on the part of the County, and Burleight Hunt of Little Fort, who soon completed a very commodious building ; the upper story of which was fitted up for a Courtroom and Offices, while the lower story was arranged and rented for a store and dwelling purposes, This building was occupied by the County for public purposes, as long as the County sent was nt Libertyville.


The Circuit Court held in and for the County of Lake, was held at Libertyville, in April 1840. The Han. Jobn Piersons presi- ding. Alonzo Huntington was present as States Attorney ; A. B. Wynkoop, Clerk, and H. B. Steele, Sheriff. Of the Members of the Bar who were present, we remember the following : Horace Butler, Nathan Allen, W. W. Kellogg, Charles McClure, Grant Good- rich, J. Butterfield, J. L. Loop and J. M. Strode. The following persons were sum- moned as Grand and Petit Jurors at this Term.


GRAND JURORS'


Philip Blanchard, Laomni Pearson,


Richard D. Hickox,


Samuel Burlingham,


Richard Archer, Elmsly Sunderlin,


Rufus Soules, George Thomson,


David Wait, Hiram Clark,


Jonathan Rice, Alexander Tussel,


Leonard Loomis, Zabina Ford,


John Robinson, John Olmsby,


Abraham Vandewacker, Lathrop Farnham,


W. B. Wattles,


George A. Drury,


David Rich,


Moses Sutton,


Oliver Booth.


PETIT JURORS.


Elbert Howard, Jobin Murray,


Andrew Luce, Job W. Tripp,


Leonard Spaulding, Milton Shields,


Godfrey Dwelly,


Lewis Beecher,


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Morris Robinson, William Ladd,


Daniel Hubbard,


Ransom Steele,


Levi Whitney,


Caleb Davidson,


William Briggs,


Malachi T.White,


Charles S. Cary; Hezekinh Bryant,


Joshua Leach,


Nathaniel King,


Hiram Butrick,


Solomon Norton,


George Gage,


A. S. Wells.


No cases of great importance were brought before the Court at this Term. The Docket consisted mostly of cases arising between claimants of Government la :. Je, such as for- cible entry and detainer ; w.". many poor fel- lows, who were so unfortunate as to have their names entered as litigants at this Term of the Court, proved so very unfortunate as to have iem stereotyped there, for many years thereafter. Not perhaps so much from their own voluntary choice, but rather through an inadvertance arising from a mistaken no- tion of the means of their own happiness, and the peace and harmony of the society in which they lived.


For instance, the Docket would run some- what in this way, "No. 1. S -. us: K- For cible Entry and Detainer, are you ready in that case Mr. B --. " "No sir, your l'onor ; one of our witnesses, the son of the Plaintiff, is unavoidably absent, he will probably return by to-morrow, when we will be prepared to take up the case." "Very well, sir. No. 2, K -. v8: S --. Trespass on the case-SLAN- DER, are you ready in that case, Mr. M --. " "We are not-quite --- your Honor ; a plea of justification by the Defendant has taken us rather by surprise. We would therefore crave the indulgence of the Court until we can in- vestigate the matter a little farther before we proceed." "Very well sir, let us proceed in


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No. 3. 8-, w: K-, and K -. Tres; pass .- Call a jury."


The new County being now fully organi- zed, matters began to assume a more settled aspect. When at the June Term of the County Commissioners Court, Capt. Morris Robinson was appointed by the Court to take the census of the County by authority of the State, commencing and enumerating the in- habitants resident on the first of September of that year. The census was also taken in the same year by Dr. Richard Murphy, by author- ity of the United States, commencing on the first of June,


Showing a population as enumerated by State authority of 2,905


Do. United States authority of 2,634 Showing an,increase in 3 months of 271


The mission of Capt. Robinson seems how- ever, to have been mostly that of ascertaining the minds of the people of the County, upon the subject of removing the County seat frou Libertyville to Little Fort, and exhorting them 'to favor the project; when at his in- stance, petitions addressed to the General Assembly, praying for such removal were put in circulation in every portion of the Cor.nty where the question was likely to meet with the least favor, which petitions seem to have been very numerously signed.


At the August election for County officers for this year, L. B. Nichols was elected to the office of Sheriff ; Thomas H. Payne, County Commissioner, and Joseph Wood, Coroner.


In November following came the great Presidential contest, long to be remembered, between Harrison and Van Buren. The num- ber of votes pelled in the County at this elec- tion was 548, giving a majority ot 14 votes for Harrison.


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The Legislature having convened upon the first of December, Capt. Robinson was select- ed by the friends of Little Fort, to attend its Session, for the purpose of presenting the petitions for the removal of the County seat, and using bis exertions in behalf of the prayer of the petitioners, which resulted in the pas- sage of an Act, submitting the question of re- moval to the people of the County on the 5th of April, 1841; at which election there were 744 votes cast, showing a majority of 188 in favor of Little Fort, which result, as might well be expected, was a source of great rejoi- cing on the part of the friends of Little Fort, and of deep mortification and regret on the part of the friends of Libertyville. They had all along in their sanguinary moments looked upon the question as settled. The location of the County seat at Libertyville, had in their estimation greatly enhanced the value of their property, aud their arrangements for the future were all in reference to its permanent location at that point, hence the very reasona- qle cause of their disappointment.




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