Historical encyclopedia of Illinois, Volume 2, Part 32

Author: Dyson, Howard F., 1870- History of Schuyler County. 4n
Publication date: 1908
Publisher: Chicago : Munsell Pub. Co.
Number of Pages: 1126

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One may judge how strongly the financial con- sideration influenced the location of the county- seat, when it is stated that the east half of the quarter-section entered by the county for a town site, was sold to Jacob White for $150, and that the county was not able to make payment to the State and secure the United States patent to the land until December 26. 1826, when, with the $150 paid by Mr. White, and $43.00 -- the with- drawal of which almost depleted the county treas- ury-the county came into full possession of a clear title to its seat of justice. Much as the county needed the money generously advanced by Mr. White, it was in the end an expensive bargain, for within a few years afterwards it was necessary to buy more land to allow for the growth of the little city. Even today we yearly sve the folly of their economy, for the land

owned by Mr. White came within eighty feet of the east side of Liberty Street and on the tax- books, it is necessary to carry the names of the property owners on the east side of the square in different additions, as the business block ex- tends rast 112 feet and into the William Man- love addition, afterwards platted on the land sold by the county to Jacob White.

Thomas MeKee. Sammel Horney and Thomas Blair, who had been elected County Commis- sioners in 1825, served until Angust 4, 1828, when Thomas Davis succeeded Thomas Blair. Other early officers were: Cornelius Vandeven- ter. Thomas McKee, Jesse Bartlett and Levin Green, Justices of the Peace; Jacob T. Reno and Jacob White, Constables; John B. Terry, Judge of Probate; Ilart Fellows. Clerk of Circuit Conrt: Orris McCartney, Sheriff; David E. Blair, Treasurer ; Jonathan D. Manlove, Surveyor, and Levin Green, Coroner.

Much of the time of the Commissioners when they met for the transaction of business was taken up with passing upon petitious for roads and arranging for the platting and sale of town- lots of the county-seat, and theen subjects will be dealt with more fully in succeeding chapters.

The question of revenue was an all important one with the County Commissioners, as there was little money coming into the treasury from taxation and it was a difficult matter to collect cash for the town lots sold. The first tax-levy was ordered March 6. 1826, on the assessment made by Jesse Bartlett, who was allowed $6 for his services. All taxable property in the county was subject to a rate of one per cent, and the total tax collected in the county in 1826. was $118.90. On March 4, 1828. property liable to taxation was listed as follows: Slaves, inden- tured or registered negro or mulatto servants. all wheel carriages, stills and distilleries, stocks in trade, horses, mules, mares and asses, meat cattle, sheep, goats and hogs, watches with their appendages, and clocks. At the same time the Treasurer was instructed to make a list of "all resident land" subject to taxation. On March 3. 14:2. the Commissioners specified household goods, furniture and farming utensils as subject to taxation, and also town-lots, except in incor- porated towns. The owners of ferries also paid taxes varying from 83 to $20.

When the Commissioners met on December 4, 1826. Orris MeCartney was authorized to re- ceive the money appropriated by the State. under

646

HISTORY OF SCHUYLER COUNTY.

the act relating to the revenues of Calhoun, Pike. Adams, Schuyler, Fulton and Peoria coun- ties, to replenish the depleted treasury. He was intructed to make the journey to the State cap- ital at Vandalia and. while there, to exchange the State paper for specie, provided it could be done at reasonable discount. Schuyler County's apportionment under the State revenue act, was $225, and Mr. McCartney brought home the sum of $155.50, which was deposited in the county treasury. The first financial statement of S Imy- ler County is found in the report of the Com- missioner's Court for the December term, 1827. It is as follows :

Cr.

By amount of county tax for the year 1826 $118.90 By amount of specie received from State treasury in 1826. 157.50

By amount received from Jacob White for 1816 S. W. 30, 3 N., 1 W. 150.00 By amount received for lots in town of Rushville 133.50

By amount received for fines, assessed in Circuit Court 21.00

By amount turned into county treasury out of the tax for the year 1827. 4.8 .- 14

$629.34

To amount of county orders issued in Dr.

1825. 1826 and 1827. .$4GT.TS

To amount paid into land office for the S. W. 30, 2 N. 1 W 193.60

$661.38

Amount due on Rushville town lots, available $251.25 Amount due for fines assessed in circuit court 7.00

Balance due on tax of 1827 after

deducting the fly per cent .. . 27.42

Amount in treasury.

6.10

$201.77

Balance in favor of county 8259.73

Until June 4, 1527. there had been no appor- tionment of election precinets, but the county had been considered as a whole in the selection of minor offices, such as Justices of the Peace and Constalde. The rapid immigration, and the general tendency of the settlers to penetrate to every part of the county, made it necessary to divide the county into minor political sululivi- sions, and this was done June 4. 1827, by the

County Commissioners, when they created five election precinets. In this civil division of the county Mebonongh County was considered is one election precinct, and was the fifth in the list. In issuing a call for election the face of voting and the names of the judges wore spri. fied by the County Commissioners as follows:

District 1, House of Isaac Naught. Judges -- John A. Reeve, Willis O'Neal and Isaac Vende. venter.

District 2, House of Henry Hills. Judges John Ritchey, Henry Hills and Manlove Horney. District 3, House of Joel Pennington. Judges --- Joel Pennington, Joel Tuliis and Garrett Wyck- off.

District 4, House of Daniel Robertson. Judges -Damiel Robertson, Andrew Vance and Thom- as Wilson.

District 5, House of James Vance. Judges -- Riggs Pennington, Stephen Osburn and Hugh Wilson.

The year 1828 was prolitie in elections and the Commissioners' record shows a general election was held August 4, and on November 3 cane the presidential election, to be followed November 15 by a special election, at which time Joel Pen nington was elected Sheriff of the county. . \' the general election of August 4. 1828, Thetes Davis was chosen County Commissioner to -1 - ceed Thomas Blair and Willis O'Neal was nar - 1 as Treasurer.

On June 1, 1829, the Board of County Con- missioners indulged in the luxury of employing # counsel for the court, and John Steel, Esq .. ". . selected. As a natural consequence Mr. S + wished to make a showing, and cases in cant became more mimerous. A year before !! county bad paid Jacob T. Reno $9 for caring for William Lammy. and Mr. Steel brought suh 8. the name of the county against his father. I. .. Lammy, to compel him to aid in the support of !' son. The court decided in favor of the cert. and an entry is made in the Commissi : .. record where James Lammy paid $9,50 il.but county fund.

Qno warranto proceedings were also For. against Benjamin Chadsey and Jesse B.rp' Trustees of the school land on Section 16. h. ville Township, and they were removed an ! J Ritchey and Henry Hills appointed in . stead. At this day it cannot be determined the animus back of this proceeding was. ! did not in the least divert from the point:

MRS. JOHN A. BALLOU

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IHISTORY OF SCHUYLER COUNTY.

of these two gentlemen. for we Inter find them taking an active part in the affairs of the county.

As compensation for his services in these two eases John Steele. Ex., was allowed the muniti- cent sum of $4.50, and soon afterwards the of- fice of counsel to the Commissioners' court was abolished.

The first. physician to present a bill to the county for professional service to a poor person was Dr. B. V. Teel, who was allowed $17.62 on September 7, 1829. for medicine and attendance mon Stephen Palmer. At the same session George Jones was allowed $2 for making a cof- tin for the said Palmer. On December 23, 1829, Jolm Ritchey was authorized to purchase of Abraham Louderman one or two avres of land in some suitable and convenient place for bury- ing ground, and the site chosen has since been enlarged to forty acres, comprising the Rush- ville cemetery of today.

On March 1, 1830, an election district was made of the territory now known as the county of Brown, and it was specified that the elections should be held at the home of Bentley Ballard. At the same time MeDonough County was sop- arated into two election precincts, Crooked and Drowning Creeks being the dividing line. The elections in the east precinct were ordered held at the home of James Vance and in the western precinct at the home of William Job. At this time M-Donough County was arranging for the establishment of a civil government of its own. and on the petition of James Vance and James Clark, that county was permitted to retain one- half of the taxes collected. the petitioners stand- ing good for the amount due Schuyler. Settle- ment was not made, however, until March 6. 1832, when $21 was paid into the Schuyler treas- ury.

As originally formed Schuyler was the largest of the ten connties created in the Military Tract by the General Assembly of 1825. and it so re- mained until 1839, when the territory lying south of Crooked Creek was detached and the county of Brown organized. thus reducing the area of Schuyler County from $64 to 430 square miles, and making it, next to Calhoun, the smallest county in the Military Tract.

As early as 1835 the people living south of Crooked Creek began the agitation for separa- tion, but Schuyler's representative in the Gen- eral Assembly prevented any action being taken. It was then proposed that a compromise be et-

fected by removing the county-seat to Ripley. which was nearer the geographical center of the connty, and this seems to have been the master stroke on the part of the agitators for separation, as the people in and about Rushville were will- ing to suffer the loss of half the territory of the county rather than relinquish the prestige which was associated with the seat of justice. And so it bappened that Brown County was given a gov- ernment of its own by act of the General Assom- bly in 1839, and Jolm M. Campbelt of Schuyler. Jomm B. Curl of Adams and William W. Baily of MeDonough were named to select the seat of justice, which was afterwards located at Mt. Sterling. This settled for all tire the location of the county-seat at Rushville, and Schuyler has been spared the bitter internecine warfare that has marked the history of county-seat contests in many neighboring counties,

After the organization of Schuyler County had been effected and the machinety of civil govern- ment put in force, things ran along smoothly for more than a decade and the records of the Com- missioners' conrt are monotonous with routine proceedings. This is especially true from 1831 . to 1838, but in the latter year there was a shak- ing up in county affairs that would do credit to the most ardent reformers of the present day. and as a result. the business affairs of the county were thoroughly investigated.

Thomas Brockman, Edward Doyle and Peter C. Vance were the Commissioners during the years 1838-39, and they started in early on their reforma administration. County officials. School Treasurers and Supervisors of road districts were brought into the lime-light of a public in- vestigation, with the result that one county ofli- cer was removed from office. a School Treasurer was called upon to make good a shortage of more than a thousand dollars, and other officers were forced to make settlement with the Commission- ers to avoid the notoriety of mmblicity.

At that time, and for years afterwards, the fre system of paying county officers was in vogne and, while the officials might have had honest intentions in appropriating certain foes, it required ceaseless vigilance on the part of the County Commissioners to get what was due the county. This difference of opinion. as to fees apparently disappeared, when an honest investi- gation was ordered as in every ease the officers made good the deficiency. It is a fact worthy of note that, during the eighty years of Schuyler's

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HISTORY OF SCHUYLER COUNTY.

civil history, but one county officer has been convicted and punished for criminally appropri- ating county funds.

The new Constitution of Illinois, in force in ISIS, made a change in the governmental affairs of the county, and it was provided that a County Judge and two Associates should administer county affairs. These officers were to be chosen at the general election to serve for a term of four years. The first county court of Schuy- ler County convened on the third day of Decem- ber, 1849, with William Ellis as County Judge and Joseph N. Ward and John M. Campbell, Associates.

At the time these officials were elected a vote was taken in Schuyler on the question of town- ship organization, and of the whole number of votes cast (1495). there were 673 in favor of township organization and 205 against. It was at the time supposed that the plan of township organization would be put into effect at once, but the Supreme Court decided that a majority vote was necessary to make the change and this had not been secured in Schuyler County. At the election of 1850 the question was again voted upon, and there were but 459 votes favor- able to township orgamzation out of a total of 1214. The advocates of township organization were persistent in their efforts and, in 1853. the question was again submitted and this time carried at the polls; 750 of the 1537 votes being favorable to the new plan of government. At the December meeting of the County Court Johu C. Bagby, I. N. Ward and Jesse Darnell were appointed Commissioners to divide the county into townships and, with minor changes, the boundaries so fixed are in force today. The townships so named and located were:

Oakland Township 3 North, Range 1 West Littleton. Township 3 North, Range 2 West

Brooklyn. Township 3 North, Range 3 West

Birmingham. Township 3 North, Range 4 West

Huntsville. Township 2 North, Range & West

Canden. Township 2 North, Range 3 West Buena Vista, Township 2 North. Range 2 West Rushville. Township 2 North. Range 1 West

Browning. Township 2 North. Range 1 East Iliekory. Township 2 North, Range 2 East

Frederick. Township 1 North. Range 1 East

Bainbridge, Township 1 North. Range 1 West

Woodstock. Township 1 North, Range 2 West

The two townships last named have fractional

parts lying south of the base line, and bounded by the Illinois River and Crooked Creek.

Under the plan of township organization, as effected in 1854, Schuyler County has continued to be governed and the Supervisors are elected for a term of two years, six townships electing one year and seven the next.

CHAPTER IN.

LAND TITLES-SURVEYS AND SUR- VEYORS.

METHODS UNDER FRENCH AND BRITISH CONTROL- ORIGIN OF LAND TITLES IN AMERICA-FRAUDU- LENT LAND GRANTS-DAYS OF BRITISH RULE-A DISCREDITED INDIAN LAND GRANT OF 1773 -- LAND TITLES MADE A POLITICAL ISSUE IN ILLI- NOIS IN 152S-THE MILITARY TRACT BOUNTY LANDS-ORIGINAL SURVEY MADE IN SCHUYLER COUNTY IN 1815-17-LITIGATION OVER LAND TITLES --- STATE LAWS PASSED TO MAKE TITLES VALID -LOCATION OF RECORDS-SYSTEM OF GOV- ERNMENT SURVEY -- FARLY SURVEYORS AND

HARDSHIPS THEY MET-ERRORS IN ORIGINAL SURVEYS-PERPETUATING MONUMENTS-SWAMP LANDS -- SURVEYS AND SALES-PLANS FOR DRAIN- AGE AND PRESENT CONDITIONS.

In taking up the subject of land titles, it will be of interest, and not a little historical worth. to consider how the title to the rich country of Illinois passed successively from France to Ene- land and to the United States, and finally to the individual owner. To do this it will be nec- essary to go back to the period of discovery, when Columbus opened to the Old World the myste- rions and inviting treasures of the West. It was in that period "the right of discovery" was ae- cepted as a settled policy among European na- tions. Each country was eager to possess a por- tion of the new world. and the basis of their claims during the century following was "the right of discovery." While the title to the land was nominally vested in the Indians who were in possession, it was regarded as subordinate to "the right of discovery," inasmuch as the mon- archs of the old world claimed and exercised the

619

HISTORY OF SCHUYLER COUNTY.

right to grant the soil while yet in possession of the natives, subject to treaty purchases. This policy was universally acquiesced in, and it gave to each country absolute control of the land titles, and the Indians were permitted to sell or trans- fer it to the discoverers, and to no others.

France laid claim to the whole Valley of the Mississippi by right of discovery. Under the accepted European policy her title was perfect until 1763, when, as the result of the defeat of Montealm on the Plains of Abraham, the region embracing Ilinois and other States afterwards formed from the Northwest Territory, was coded to England. To preserve to the crown this rich territory George III., on October 7, 1763, issued a proclamation stating that no Governor or colu- mander-in-chief was authorized to grant war- rants of survey or pass patents, as the lands, which had not been ceded to or purchased by the government. would be reserved for the In- dians. English residents were also strictly for- bidden to make any purchase from the Indians without license from the erown.

Notwithstanding this proclamation. deeds were made by the Kaskaskia and Cahokia Indians on July 7, 1773, and by the Piankesbaw tribe on tr tober 18, 1775, the latter grant extending from a point opposite the Missouri River to Chicago, and including the greater portion of the present State of Illinois. After the United States had aquired title to the land in Illinois by the treaty with England, dated July 20, 1783, an ef- fort was made to sustain the Indian grants in the courts. The case was passed upon by the United States Supreme Court, Chief Justice John Marshall presiding, and it was there maintained "that discovery gave an exclusive right to ex- tinguish the Indian title to occupancy, either by purchase or conquest ; and gave also a right to stich a degree of sovereignty as the cirennistances of the people will allow them to exercise." This devision being final, all elaims under the Indian deds were abandoned. The United States fur- ther perfected its title to the lands of Illinois and the Northwest Territory. by seenring from the States of New York, Massachusetts, Con- wwtient and Virginia, a release of all their Interests under patents from the crown of Eng- land, thereby making the United States land- patent one of clear title from the time of dis- covery.

That gross frauds were committeed in the assignment of land titles in the early years of

the oenpaney of the State by the United States Territorial Governors is a matter of record. The most notorious of these was a grant made by Lientenant-Colonel Wilkins, Governor and Com- mandant over the Illinois country during the period of British occupancy. One grant of 36.000 acres was made to his personal friends, and the claim was confirmed and United States patents issued them by Gov. St. Clair, while Illinois was a part of the Northwest Territory, and the title was afterwards ratified by Congress. In writing of this incident. one of the early historians re- marks: "The office of Governor in Illinois might have been, and probably was (laying principle aside), more lucrative in former times than at present."

The question of land titles was first raised as a politieal issue in 1826 during the administra- tion of Gov. Edwards, and it was one of such apparent importance or necessity, that it had no opposition, even though it afterwards proved a hollow sham.

When the State Legislature met in the session of 1826-27. a resolution was offered memorializ- ing Congress to reduce the price of publie lands. This awakened the interest of Gov. Edwards, who, in a message to the Legislature, recom- mended that the State ask the Government to relinquish the publie lands, which would be sold to actual settlers, the State to maintain the cost of the land offices, and pay to the Government twenty-five cents for each arre sold. The Leg- islative committee, to which the communication was referred. went the governor one better, and reported a resolution asking for the uncondi- tional surrender to the State of all government land.

Gov. Edwards was not heard from again on the public land question at that session of the Legislature, but he was far from vanquished, as later developments show. Realizing that the question of government lands was one that might be used to popular advantage, he made a master stroke. In his message to the Legisla- ture of 1828 he laid down the general principle that the public lands could not be controlled by the Government, as they were the property of the State. Voluminous argument was offered by Gov. Edwards in support of this proposition. It was contended that the United States Government was exceeding its rights under the constitution in retaining control of the lands in a sovereign State, and that the true title was vested in the

650

HISTORY OF SCHUYLER COUNTY.

State. This was a hold position on an entirely new question in Illinois, and the members of the Legislature sought to share the honors with the Governor by giving It their almost unanimous support. It was not long until the Illusion of the State ownership of public lands was dispelled. and the resourceful Governor was the only one that profited thereby for the presentation of the question had proved a serious embarrassment to his enemies and brought peace among the warring factions in the Legislature. It goes to show, however, that political intrigue was not unknown to the pioneer politicians, and that they were resourceful in formulating issues, to attain their ambitions.

Land titles in Schuyler County are foun led on an act of Congress, passed May 6, 1812, which set apart as bounty lands for the soldiers of the War of 1812, that portion of the State lying be- tween the Mississippi and Illinois Rivers, and extending to the northern boundary of Township Fifteen North of the Base Line, which now di- vides Mercer and Rock Island Counties. This wedge-shape area of land was ninety miles wide at its northern boundary, and extended south 160 miles, and it has since been known in his- tory as the Military Tract. [See Military Tract. in encyclopedia portion of this work.]

Before this land could be allotted, it was noes- sary to make a survey, and it was not until Oe- tober, 1817, that patents were issued to the sol- diers. Every volunteer in the War of 1812 who served an enlistment of nine months was en- titled to a quarter-section of land. and the own- ership of this garden spot of Illinois thmus came into possession of men who regarded the land of little worth. and did not care to leave their homes in the East for the privations of the fron- tier. And so it was, that land patents in the Military Tract were traded as boys swap jack- knives. "sight unseen." The records show that many of the soldiers disposed of their land even before the allotment was made, by granting power of attorney to others to receive the patent. In this manner the greater portion of the land was secured by wily speculators and land con- panies, and the consequent result was that set- tlement in this territory was retarded and liti- gation as to land titles frequent. In the early 'twenties, settlements began to he made in the Military Tract, and many of the pioneers, after making improvements and breaking the new ground, had to give way, and to relinquish their

land to others who produced a United States patent as their title. Then, too, many of the eastern speculators who had large bodies of land, would not sell to the settlers, anticipating that the development of the country would add to their land values. To reach this particular class, the Illinois Legislature passed laws taxing non- resident land-owners, and by thus burdening their land with taxes, make them more willing to sell.

Gov. Ford. in his "Ilistory of Illinois." says : "A very bad state of feeling existed toward the non-resident land owners; the timber on their land was considered free plunder, to be out and swept away by every comer : the owners brought suits for damages, but where the witnesses and jurors were all on one side, justice was forced to go with them. The non-residents at last be- thought themselves of employing and sending out ministers of the gospel, to preach to the people against the sin of stealing, or hooking timber, as it was called. These preachers each bad a dis- triet or circuit of country assigned to them, and were paid by the sermon; but I have never learned that the non-resident landowners suc- ceeded any better in protecting their property by the gospel, than they did at law."

As a matter of protection to the actual set- tlers, and to make good their title to the land occupied. the Illinois Legislature in the early 'thirties passed what are known as "The Quiet- ing Title Acts." Under these acts, valid deeds could be secured to land sold for taxes by seven years' possession and paying taxes on same, and much of the land in Schuyler County was ac- «mired under such titles.

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Historical encyclopedia of Illinois, Volume 2, Part 32

Author: Dyson, Howard F., 1870- History of Schuyler County. 4n Publication date: 1908 Publisher: Chicago : Munsell Pub. Co. Number of Pages: 1126

Author: Dyson, Howard F., 1870- History of Schuyler County. 4n
Publication date: 1908
Publisher: Chicago : Munsell Pub. Co.
Number of Pages: 1126