Historical encyclopedia of Illinois and history of Montgomery County, Volume II, Part 14

Author: Bateman, Newton, 1822-1897, ed. cn; Selby, Paul, 1825-1913, ed. cn; Strange, Alexander T., ed
Publication date: 1918
Publisher: Chicago : Munsell Publishing Co.
Number of Pages: 810

USA > Illinois > Montgomery County > Historical encyclopedia of Illinois and history of Montgomery County, Volume II > Part 14

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MILK SICKNESS.

In the early days there was a great amount said about "milk sickness" and though geuer- ally it was located "just over in the uext settle- ment" or "iu the uext couuty," yet there were many cases of illness alleged to be "milk sick- ness." A certain amount of mystery attended these alleged cases and certain unscrupulous physicians played on the ignorant and incredu- lous, with quack nostrums and if the patient recovered, claimed the credit of curing the al- leged "milk sickness." That the whole thing

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HISTORY OF MONTGOMERY COUNTY

was humbug there seems no doubt, yet there were numberless cases of sickness that lacked · a correct diagnosis and treatment accordingly that resulted in death to the patients, that the application of intelligent treatment might have prevented.

DUELS.

Every community in its early days had its tragedies, and usually when men engaged in some exciting fight, or bitter contests, there were no arrests made, it being the understanding that a question of honor among gentlemen, could be fought out without interference. East Fork in the early days was not without some instances of this kind. To condemn the combatants would arouse bitter resentment, and to call for official interference was liable to lead to trouble. One of these cases took place at a point a little way east of where T. W. McDavid lived, on the old McDavid homestead, resulting in the death of one of the combatants, but no prosecutions were ever instituted. The early settlers of this town- ship were mostly from the South where dueling was quite common, but the duel and the duelists have been relegated to the past and even the "fair fist fights" to settle difficulties have been superseded by more legal, if not more effective means.

JEFFERSON ANTI-SLAVERY PACT.

James Lemon on coming to the Illinois Terri- tory, it now appears almost certain, came in compliance with an agreement made with Pres- ident Jefferson to engage in an active campaign against the admission of slavery in the soon to be made state of Illinois. The owning of slaves had been common in the early territorial col- onies, and in the settlements already made in the Illinois Territory slaves had been brought here by authority of the French and English commanders and with the approval of the Ro- mish priesthood; who were for a time the real controlling force in those pre-pioneer days. Men of broad mind and prominent position, like Thomas Jefferson, knew that heroic efforts would have to be made to keep slavery from being made a legal part of the articles of confedera- tion, and joining in with moral reformers were ready to aid in this great contest.

Readers of early Illinois history know that slavery was one of the most bitterly fought

problems in the territorial and early state leg- islatures, and when we lay the traditional ac- counts of the work of the Lemons, Larkin Craig, S. M. Ellis, Hiram Rountree, and Peter Cart- wright alongside the records of these legislative bodies, we see the value of the services of these heroes in a stronger light than ever before. It was to the teaching of these courageous pio- neers and their immediate successors, like Thomas W. Hynes and many others that as a last resort what was known as the "Under Ground Railroad" was resorted to, as the means of aiding run-away slaves in their efforts to get from slavery into free territory. A standing offer of $100.00 reward was placed on the return of any escaping slave in those days, and the temptation to thus profit, made escape seem al- most an impossibility, and yet at the risk of being ostracized socially, and assaulted and per- haps mobbed, as was Lovejoy in Alton, men like James Wafer, Anthony Hill, Moses Lemon, and Butler Seward did not hesitate to provide a hiding place and food, and conveyance for these escaping slaves in search of the God-given right to freedom.

CHAPTER VI.

COUNTY ORGANIZATION AND GOVERN- MENT.

AREA-COUNTY NAMED-CHAIN OF TITLE -- BOUND- ARIES-CHOICE OF NAMES-NEW BOUNDARIES- TOWNSHIP ORGANIZATION-REPRESENTATIVE CON- STITUTIONAL CONVENTIONS-OFFICES HOW FILLED -EARLY VOTING-MONTGOMERY COUNTY IN CON- GRESS-MONTGOMERY COUNTY IN STATE SENATE -MONTGOMERY COUNTY IN STATE LEGISLATURE- CIRCUIT COURTS-CIRCUIT CLERKS-STATES AT- TORNEYS-COUNTY OFFICIALS-COUNTY JUDGES- COUNTY CLERKS-SHERIFFS AND COLLECTORS- COUNTY TREASURERS AND ASSESSORS-SCHOOL COMMISSIONERS AND COUNTY SUPERINTENDENTS -COUNTY SURVEYORS-COUNTY CORONERS-PUB- LIC ADMINISTRATORS-STATE BOARD OF EQUALI- ZATION-AUXILIARY BOARD OF CHARITIES-OTHER POSITIONS OF HONOR-OLD RECORDS. -

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HISTORY OF MONTGOMERY COUNTY

AREA.

The area contained in Montgomery County, like that of most counties of the state, passed through a formative period, during which time it belonged wholly or in part to the following counties. The County of Illinois, as a part of Virginia ; St. Clair County as a part of the Northwest Territory, Knox County, jointly with St. Clair ; Macoupin County as part of Illinois Territory : Bond County as a part of Illinois Territory, Montgomery County when it included a part of Dane (now Christian) County, and finally Montgomery County as at present out- lined.

As descriptive of the changes in its territorial boundaries, we quote from an article written by Hon. J. Nick Perrin of Bellville, Ind.

COUNTY NAMED.

Montgomery County, whose area seems to be about 702 square miles, was settled as early as 1816 by Americans. Its organization into a county took place in 1821. It was named after Gen. Richard Montgomery. Montgomery was born in Ireland, 1736. He participated in the army with Wolfe. He was a delegate to the first provincial congress in New York City. He had settled in New York and married Chancellor Livingston's sister. He became a Brigadier-Gen. in the Continental Army. He was second in command to Schuyler in expedition to Canada. Through illness of Schuyler, command devolved on him. He fell at Quebec, 1775.

CHAIN OF TITLE.

Allow me now to trace the chain of title to your county in a systematic way as it descended through all its stages and through the various changes made from the time of the northwest territory through the Indian and Illinois terri- tory, and through Illinois existence as a state down to the present time :

Changes :

1790-Northeast territory, area of present county was embraced in St. Clair and Knox.

1795-Northwest territory, area of present county was embraced in St. Clair and Knox.

1801-Indian territory, area of present county was embraced in St. Clair.

1803-Indian territory, area of present county was embraced in St. Clair.

1809-Illinois territory, area of present county was embraced in St. Clair.

1812-Illinois territory, area of present county was embraced in Madison.

1813-Illinois territory, area of present county was embraced in Madison.

1814-15-Illinois territory, area of present county was embraced in Madison.

1816-Illinois territory, area of present county was embraced in Madison.

1817-Illinois territory, area of present county was embraced in Bond and Madison.

1818-Illinois territory, area of present county was embraced in Bond and Madison.

1819-State of Illinois, area of present county was embraced in Bond and Madison.

1821-State of Illinois, Montgomery County, established. Embraced all the area of the pres- ent county except jut-off in extreme eastern portion which was in Fayette County. Also embraced the southwest portion of Christian County.

1823-State of Illinois, area as in 1821.

1824-State of Illinois, area as in 1821 and 1823.

1825-State of Illinois, area as in 1821, 1823 and 1824.

1826-State of Illinois, area as in 1821, 1823, 1824 and 1825.

1827-State of Illinois, the jut-off in extreme eastern portion added so that your county em- braced all its present area plus the southwest portion of Christian County.

1829-31-State of Illinois, area as in 1827.

1833-35-State of Illinois, area as in 1829-31.

1836-State of Illinois, area as in 1833-35.

1839-State of Illinois, Dane County, estab- lished.

1840-State of Illinois, name changed to Chris- tian. Southwest portion of present Christian County taken out of northeast part of Mont- gomery and your present area has remained since as Montgomery County.

Your county was organized February 12, 1821. See laws 1821, p. 142.

Yours Respectfully,

J. NICK PERRIN.

BOUNDARIES,

Montgomery County was formerly included in the territory designated as Bond, but was sep- arated from it by Act of Legislature approved February 12, 1821, so that it is one of the

GEORGE DANCISAK AND FAMILY

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HISTORY OF MONTGOMERY COUNTY

oldest divisions of Illinois. Its present bound- aries are as follows :

"Beginning at the southeast corner of section 24, township 7 north, range 2 west, thence west eigliteen miles to the southwest corner of section 19, township 7 north, range + west. thence south two miles, thence west to the southwest corner of township 7 north, range 5 west. thence north to the northwest corner of township 12 north, range 2 west, thence east, twenty-four miles to the northeast corner of township 12 north, range 2 west, thence south to the place of beginning." This description leaves out Audubon, afterward added, and includes five townships now a part of Christian County, namely. 11-2, 11-3, 12-2, 12-3, and the east half of 11-4 and 12-4.

As is usual, when applications are made to the Legislature for an enactment creating a county, a board of commissioners was appointed to select a suitable place for the county site, and these commissioners were Melchoir Fogel- men, James Street and Joseph Wright. The com- missioners met at the home of Joseph McAdams, located about where Taylor Springs now stands, to decide upon a site for the local seat of govern- ment, and determined that, what afterwards be- came Hamilton, about two miles southwest of Hillsboro, was suitable and made the provision that the owner of the land must donate to the county twenty acres of land to be used for public purposes. Their decision did not meet with the approval of the people, nor of Joseph Wright, the minority member of the commis- sioners, he basing his objection upon the fact that Hamilton was not the geographical center of the county. Therefore, although Hamilton was laid out, real estate sold for city lots, and contracts let for erection of a courthouse and other public buildings, the people of Montgomery County would not accept the place as a perma- nent county seat, and so general was this feeling that appeal for relief was made to the Legis- lature, and an act of that body, approved Jan- uary 30, 1823, appointed Elijah C. Berry, Silas Wait and Aaron Armstrong to act as a new board of commissioners to select a site which would be more acceptable to the general public.

The second board met at the home of Luke Lee Steel, located near Taylor Springs, as was usual at those times when there were no public places of meeting, not even schoolhouses or churches, and a site was chosen, known now as Hillsboro. The new commissioners made the same provision with reference to the twenty- acre donation of land for public purposes on the

part of the owner, as did the old board, and this requirement was met. That the selection of the county seat was made without any idea of personal gain, or to benefit any party is shown in the fact that the commissioners selected land that had not yet been entered from the government, so that it was necessary to have someone obtain possession of it in order that due transfer be made to the county. As evidence of the scarcity of money at that early day among the pioneers, it is stated that some difficulty was experienced in finding anyone who had suf- ficient ready cash to pay the necessary entry fee, but that such a man was discovered in the person of Newton Coffey who had fifty dollars. The commissioners sent for him, and induced him to invest his capital in the land which is now the site of Hillsboro. After doing so, he made the necessary donation of twenty acres, and laid out the town of Hillsboro. This is a very unusual incident. Perhaps no other county seat in the state was selected in so thoroughly public spirited a manner, or possession obtained in as original a way.

CHOICE OF NAMES.

As before stated the name of Montgomery was given to the new county as a name in honor of General Montgomery, a Revolutionary hero. Many of the counties formed about this same period throughout the country, were named for the men whose deeds still thrilled and whose memories were held in grateful remembrance by those whose parents had fought with them in the American Revolution. There is some contention with reference to the origin of the name of Hillsboro. Some claim that the name arose from the desire of an ardent and probably homesick North Carolinian to have a constant reminder of his old home at Hillsboro, N. C., in the name of the county seat ; while others are equally insistent in declaring that the name arose from the natural scenery, the many beauti- ful little hills surrounding the new location, sug- gesting the appropriateness of such nomencla- ture. At any rate Hillsboro has continued to be the name of the county seat since its beginning as a county, and there is no prospect of any change ever being made.

NEW BOUNDARIES.

In 1839, by act of Legislature, approved Feb- ruary 15, creating the new county of Dane, after-

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HISTORY OF MONTGOMERY COUNTY

wards changed to Christian, all that portion of the county north of the southern line of town- ship 11 north, and east of the middle of the range 4 west, was taken away from Montgomery, and given to the new county. The present county contains 449,280 acres of land. It is essentially an agricultural section although it possesses some flourishing industries, but as the soil is so fertile, the owners have devoted the greater portion of it to farming, dairying and stock raising, with very profitable results, for this is a wealthy region of the state, and very little real poverty is found within its confines.

TOWNSHIP ORGANIZATION.

The original boundaries of Montgomery County included the five congressional townships, now in Christian County, to which in 1827, upon the creation of Fayette County. what is now known as Audubon Township was added. When the five townships in the northern part of Montgomery County were taken from it for Christian County, the almost perfect square of its original boundaries was further changed. Until 1872, the affairs of the county managed by a board of three county commissioners from the various precincts. In that year it was de- cided to adopt township organization, and a committee was appointed to make the division and name the townships, Dr. Hood being its secretary. After due deliberation, the board divided the county into eighteen townships, which are today, after several changes, as fol- lows: Hillsboro, North Litchfield, South Litch- field, Nokomis, Raymond, East Fork, Irving, Fill- more, Witt, Grisham, Butler Grove, Rountree, Audubon, Walshville, Zanesville, Pitman, Harvel and Bois D'Arc.

REPRESENTATIVE IN CONSTITUTIONAL CONVENTIONS.

The first constitutional convention of Illinois was held in Kaskaskia in 1818, from August 3 to August 26, during which time the first state constitution was framed. The territory of this county was at that time a part of Bond County, and the representatives from this district were Samuel G. Morse and E. Kirkpatrick.

The second constitutional convention was held in Springfield from June 7 to August 31, 1847. James M. Davis and Judge Hiram Rountree represented this county in the convention.

The third constitutional convention was held

in Springfield, Jan. 7 to March 24, 1862. This county was represented in connection with Chris- tian County, and Judge A. M. Vandeveer of Christian County was the representative.

The fourth constitutional convention was held in Springfield from December 13, 1869 to May 13, 1870. Judge E. Y. Rice of this county repre- sented the county in the convention. The changes in the Constitution from time to time necessarily altered the inanner of transacting affairs of legal procedure, in the matter of county affairs. We mention a few.

OFFICES HOW FILLED.

Under the first constitution of Illinois, the county commissioners, the sheriff and the coroner were the only officers provided for a county, the sheriff and coroner being elected every two years. Previous to 1835, a recorder for each county was appointed by the governor, and a surveyor was appointed by the commis- sioner's court. In 1835 the Legislature made these officers elective. Previous to 1837 the county treasurer and the clerks of commis- sioner's courts were appointed by the commis- sioners, but in that year the Legislature made these offices elective. Up to 1837 a probate judge in each county was appointed by the Legislature, and in that year this prerogative of the Legis- lature was made by statute elective with the title of justice of the peace, this office then being designated as the probate justice of the peace. Prior to 1848, the terms of office of the probate justice of the peace, the recorder, the clerk of the commissioner's court, the surveyor, and the treasurer, were each two years, but by act of Legislature in 1848, the term of office of these officers was extended to four years.

EARLY VOTING.

The manner of voting in the early days was changed so frequently in this state as to appear ridiculous or amusing. In 1799 under the terri- torial government the law provided that voting be done by viva voce announcement to the judges. A few years later this was changed to voting by ballot, but in 1813 "to prevent fraud and imposition" the ballot system was again stricken from the statute and the viva voce system re- enacted. In 1818 the state adopted the ballot form, only to repeal it, and go back to the "word of mouth" system in 1821. In 1823 we

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HISTORY OF MONTGOMERY COUNTY

again find the ballot system in vogue, and it was abolished in 1834. In 1839 the ballot system again came into use by legal requirement, and in 1848 the constitution adopted, made the ballot form the only legal manner, which put a stop to the hide and seek dodging legally pursued up to this time, and has continued to be the law to the present time.

Prior to the adoption of the constitution in 1847. the usual manner of voting at elections in this connty, was by viva voce, each voter walking up to the bar in front of the judges and announcing his vote in an audible voice to the judges, the clerks entering it accordingly in the presence of the voter. This crude manner of voting was in no way private, and it was rarely that the result of an election was ques- tioned, or contested. In the constitutional con- vention of 1847, Mr. Cross introduced the follow- ing resolution, "That the committee on election and the rights of suffrage, be instructed to in- quire into the expediency of changing the time of holding elections from the first Monday in August to the Tuesday next after the first Mon- day in November, and the manner of voting from viva voce to ballot." This resolution opened the way for our present manner of voting and the time of elections as at present. Prior to the adoption of the constitution of 1847 we could not have adopted township organization, but that and other important privileges were pro- vided in the more liberal constitution then adopted.

MONTGOMERY COUNTY IN CONGRESS.

It can hardly be said that Montgomery Connty has had its share of representatives in the national congress. From 1871 to 1873 in the forty-second congress Judge E. Y. Rice served as our first representative. From 1887 to 1893, Judge Edward Lane represented the county in the fiftieth, fifty-first and fifty-second congresses. From 1897 to 1903 Judge Thomas M. Jett repre- sented the connty in the fifty-fifth, fifty-sixth and fifty-seventh congresses, and again from 1905 to 1907, Zeno J. Rives of Litchfield acted as the connty's representatives in the fifty-ninth congress.

MONTGOMERY COUNTY IN STATE SENATE.

Montgomery County has honored and been honored by being represented in the State Senate

by distinguished men in the following terms : Rev. Larkin Craig in 1834-36 ; Hon. Hiram Ronn- tree in 1848-50 and 1850-52; Hon. Elizur South- worth in 1876-78, 1878-80, and 1884-86; Hon. George W. Paisley in 1892-94 and 1896-98; Hon. Stephen D. Canady in 1912-14, reelected in 1916.

MONTGOMERY COUNTY IN STATE LEGISLATURE.

Those who have filled positions in the lower house of the State Legislature have been as fol- lows: 1822-1824. Martin Jones elected for Bond County, which included Montgomery County, the meeting was held at Vandalia; 1826-182S, Francis Killpatrick, elected for Bond and Mont- gomery counties ; 1832-1834-1836. Gen. Christian Blockburger, Vandalia; 1836-1838, Easton Whit- ten ; 1838-1840, Josiah Fish ; 1840-1842, Wickliffe Kitchell, the meeting was held at Springfield ; 1842-1844, Easton Whitten; 1844-1846, John Kirkpatrick; 1846-1848, James M. Rutledge ; 1848-1850, E. Y. Rice; 1850-1852, William Brewer ; 1852-1854, William M. Young; 1854- 1858. Henry Richmone; 1858-1860, James M. Davis; 1862-1864, Gustavus Coffeen ; 1864-1866, Elisha Barrett ; 1866-1870, Ephraim M. Gilmore ; 1870-1872. James M. Berry and James N. Mc- Elvain ; 1872-1874, E. J. C. Alexander and James M. Truitt ; 1874-1876, William T. Mnlkey ; 1876- 1878, D. N. Zepp and Burrell Phillips ; 1878-1880, George L. Zink; 1880-1882, Robert McWilliand and George W. Paisley; 1882-1884, George M. Stevens; 1884-1886, George M. Stevens and H. H. Hood; 1886-1SSS, Burrell Phillips; 1888-1890, John Garson and Pierson B. Updike; 1890-1892, Elijah N. Donaldson ; 1892-1894. Charles A. Ram- sey and Walter S. Parrott ; 1894-1896, John R. Challcombe; 1896-1898, Joseph P. Price; 1898- 1900, Garrett Carstens; 1900-1902, Frank R. Milnor and Edward A. Rice; 1902-1904, Edward A. Rice; 1904-1906-1908-1910-1912, Stephen D. Canaday.

As a matter of history it may be interesting to know that in 1821, when the county was stricken off from Bond County that William Crisp of Bond represented this district in the state Legislature and voted for the Montgomery Connty petitions.

CIRCUIT COURTS.

The Circuit court has jurisdiction, concurrent with the superior court in all cases of law and equity and in appeals from inferior courts.

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HISTORY OF MONTGOMERY COUNTY

Under our present laws, the state is divided into several judicial districts, and Montgomery County is in the Fourth District, comprising nine counties. Each district elects three judges, who prorate the terms in the counties according to their conveniences. Under this system a county may or may not have representatives ou the circuit bench. These who have been hon- ored with positions on the circuit bench from Montgomery County, and the years when they were elected have been: E. Y. Rice, 1857, 1861, 1867 and 1870; Jesse J. Phillips, 1885 and 1891; Thomas M. Jett, 1909 and 1914. The term is for six years.

SOME EARLY CIRCUIT JUDGES.

In 1821-1823, Judge Reynolds, held court in the home of Joseph McAdams, this being the first court ever held in the new county, and Judge Phillips, held one term in May, 1822. In 1824-1825 Judge Thomas Reynolds (not re- lated to the above), held court in the log court- house, just then erected, term lasting two days: Judge Samuel Roberts presided 1825-1826. The- ophilus W. Smith was the presiding judge 1826- 1834. Judge Thomas Lord held court frequently in the county during 1825 to 1842 and iu 1842, elected governor of Illinois, Judge Sidney Breeze was frequently on the bench from 1835 to 1843 but resigned in the latter named year to accept a position iu the United States Seuate.

CIRCUIT CLERKS.

We have already alluded to the fact that Hiram Rountree was not only the clerk of the county court during the first nineteen years of its official life (except the three years of Judge Townsend), but was during the same time, and for ten years longer, the clerk of the circuit court. In 1849 we find Beujamin Sammons suc- ceeding Mr. Rouutree as clerk, continuing in that office until succeeded in 1852 by Robert W. Davis. Mr. Davis was a lawyer, and his legal training added to the efficiency of the office. In 1861 the office seems to have again been presided over by Benjamin Sammons for another four year term. He was then succeeded by Francis Marshall in 1864. Mr. Marshall was a level- headed aud assiduous mau in his official duties. At the end of his term in 1868 he was succeeded by Charles W. Jenkins. Mr. Jenkins was one of the most scholarly and competent men and

officers that ever graced the official rolls of the county, and his death soon after his retirement from office was a distinct loss to the county. Mr. Jenkins was succeeded in 1872 by Robert Van Doren, whose duties during eight years of service were faithfully performed. He, like Mr. Jenkins, failed in health and soou after leaving his office was called upon to render his accouut to the great Ruler of the universe. Iu 1880 and again in 1884 John J. McLain filled the office. From 1888 to 1892, John Fath was the occupant. From 1892 to 1896, Emory Wright served the county as circuit clerk. From 1896 to 1900, William H. Leahan was the clerk, A. E. Neal being his efficient assistant. From 1900 to 1901, Duncan Best filled the office, and was re-elected iu 1904, but died in 1906, and A. E. Neal filled out the unexpired term. From 1906 to 1908 George P. O'Brien is credited with being the clerk and he was succeeded in 1908 by Hugh Hall who ably filled the office until 1916, when A. E. Neal was elected and now fills this office.

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Historical encyclopedia of Illinois and history of Montgomery County, Volume II, Part 14

Author: Bateman, Newton, 1822-1897, ed. cn; Selby, Paul, 1825-1913, ed. cn; Strange, Alexander T., ed Publication date: 1918 Publisher: Chicago : Munsell Publishing Co. Number of Pages: 810

Author: Bateman, Newton, 1822-1897, ed. cn; Selby, Paul, 1825-1913, ed. cn; Strange, Alexander T., ed
Publication date: 1918
Publisher: Chicago : Munsell Publishing Co.
Number of Pages: 810