Historical encyclopedia of Illinois and history of Morgan County, Part 126

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913. cn; Short, William F., 1829- 4n
Publication date: 1906
Publisher: Chicago : Munsell Pub. Co.
Number of Pages: 1286

USA > Illinois > Morgan County > Historical encyclopedia of Illinois and history of Morgan County > Part 126

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

622

HISTORY OF MORGAN COUNTY.

eral William Henry Harrison received the ap- pointment as Governor of the new Territory. By act of Congress, April 30, 1802, Ohio Ter- ritory was authorized to form a State Gov- ernment. The Convention appointed for the purpose completed the first Constitution No- vember 29th, of the same year, and it was ap- proved by Congress February 19, 1803, and Ohio was admitted as a State into the Union. By act of Congress, adopted February 3, 1809, Indiana Territory was divided into two sep- arate governments, thus establishing the Illi- nois Territory in the following manner:

"Section 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the first day of March next, all that part of the Indiana Territory which lies west of the Wabash River, and a direct line drawn from the said Wabash River and Post Vin- cennes due north, to the territorial line be- tween the United States and Canada, shall, for the purpose of temporary government, con- stitute a separate Territory, and be called Illi- nois."

"Section 8. And be it further enacted, That, until it shall be otherwise ordered by the Leg- islature of the said Illinois Territory, Kaskas- kia, on the Mississippi River, shall be the seat of government for the said Illinois Territory."

April 19, 1816, Congress passed an Enabling Act, authorizing Indiana to form a State Con- stitution, which instrument was completed by the Convention June 29th, of that year, and Indiana was recognized as a State in the Union by a joint resolution of Congress, on December 11th, following. (The Constitution was not submitted to the people).

Statehood Period .- An act of Congress, April 18, 1818, was passed, enabling the people of Illinois Territory to form a State Constitution, in the following manner:

"Section 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the inhabitants of the Territory of Illinois be, and they are hereby, authorized to form for them- selves a Constitution and State Government, and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union upon the same footing with the original States, in all respects whatsoever."

Section 2 defines the boundaries of the State.

Section 3 defines the qualifications of vot- ers to choose Representatives to a convention to form a Constitution; and prescribes the number of such representatives from each county, namely: Bond, 2; Madison, 3; St. Clair, 3; Monroe, 2; Randolph, 2; Jackson, 2; Johnson, 2; Pope, 2; Gallatin, 3; White, 2; Ed- wards, 2; Crawford, 2; Union, 2; Washington, 2, and Franklin, 2-total, 33.

The time for the election of said Repre- sentatives was, "The first Monday of July next, and the two following days."

Section 4 provided that the Representa- tives chosen to form a Constitution should meet at the seat of government, on the first Monday of August next. At that time Madison County included what is now Morgan County. The three representatives from Madison Coun- ty in the Constitutional Convention of 1818 were Benjamin Stephenson, Joseph Borough and Abraham Prickett.

The Convention, having completed the busi- ness for which it was created, on August 26, 1818, adopted at Kaskaskia in Convention the Constitution of 1818. On December 3, 1818, Congress passed the following resolution, de- claring the admission of the State of Illinois into the Union:

"Whereas, In pursuance of an act of Con- gress, passed on the 18th day of April, 1818, entitled, 'An act to enable the people of the Illinois Territory to form a Constitution and State Government, and for the admission of such State into the Union, on an equal foot- ing with the original States,' the people of the said Territory did, on the 26th day of August, in the present year, by a convention called for that purpose, form for themselves a Constitu- tion and State Government, which Constitu- tion and State Government, so formed, is re- publican, and in conformity to the principles of the articles of compact between the original States and the people and States in the Ter- ritory Northwest of the River Ohio, passed on the 13th day of July, 1787;

"Resolved by the Senate and House of Rep- resentatives of the United States of America, in Congress assembled, that the State of Illi- nois shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing

IR Askur. MR

HISTORY OF MORGAN COUNTY.

623

with the original States, in all respects what- ever."

Thus, during a period of forty years, what is now Morgan County was under the several civil administrations of Virginia, the North- west Territory, Indiana Territory and Illinois Territory, till the admission of Illinois as a State, December 3, 1818, as the eighth new State added to the original thirteen. The name Illinois was given to the country by the French, being inhabited by a confederated tribe of Indians of that name. The General Assembly of Virginia named the whole of the Northwest 'Territory Illinois County. By the adoption of the Ordinance of 1787, the name Illinois dropped out until the division of the Indiana Territory, when the name was re- stored to the Illinois Territory through the effort of Jesse Burgess Thomas, at that time Delegate in Congress from Indiana Territory, in accordance with the unanimous wish of the inhabitants, to whom the name had become dear by long usage.

CHAPTER II. COUNTY ORGANIZATIONS.

ILLINOIS COUNTY ORGANIZED BY ACT OF VIRGINIA HOUSE OF DELEGATES IN 1778-FORM OF GOV- L

MENT INSTITUTED-ST. CLAIR COUNTY CREATED IN 1790-SUBSEQUENT COUNTY CHANGES-MOR- GAN COUNTY PART OF MADISON COUNTY, 1812-21 -NEW COUNTY ESTABLISHED IN 1823-ACT OF ORGANIZATION-FIRST COUNTY OFFICERS-COUN- TY-SEAT LOCATED IN 1825 AND NAMED JACKSON- VILLE-COURTS HIELD IN THE WOODS-A COURT RIOT-FIRST COUNTY COURT

HOUSE-PRESENT COUNTY BUILDINGS-ADDRESS OF GEN. MURRAY M'CONNEL-COURT OFFICIALS - SOME NOTABLE MEMBERS OF THE BAR-COUNTY JAIL AND POOR HOUSE.

The period of county organization antedates botlı the Territorial and Statehood periods. Illinois County was organized by the Virginia House of Delegates in October, 1778. The law creating this first county contains the follow- ing provisions: "The citizens of the Common- wealth of Virginia, who are already settled or shall hereafter settle on the western side of the Ohio, shall be included in a distinct coun-

ty, which shall be called Illinois County; and the Governor of this Commonwealth, with the advice of the Council, may appoint a County- Lieutenant or Commandant-in-Chief of that county during pleasure, who shall take the oath of fidelity to this Commonwealth and the oath of office according to the form of their own religion. And all civil offices to whichi the inhabitants have been accustomed, neces- sary to the preservation of peace and the ad- ministration of justice, shall be chosen by a majority of the citizens in their respective dis- tricts, to be convened for that purpose by the County-Lieutenant or Commandant, or his dep- uty, and shall be commissioned by said Coun- ty-Lieutenant." In pursuance of the above pro- visions, Patrick Henry, then Governor of Vir- ginia, and who thus became ex-officio the first Governor of Illinois, appointed Col. John Todd, of Kentucky County, the Commandant of the County of Illinois. The county included the whole of what was afterwards comprised iu the Northwest Territory, and was the first civil organization in the Territory. By order of Governor Arthur St. Clair, dated April 27, 1790, St. Clair County was created out of a part of what had been Illinois County. The boundaries of the new county, as set forth in the Governor's order, included the region east of the Mississippi and south of the Illinois Rivers, extending as far east as Fort Massac on the Ohio River. This was the first county or- ganized in the present State of Illinois, and was intended to embrace all the settled portion of this region. Randolph County was formed from St. Clair County in 1795, being the sec- ond county in what is now the State of Illi- nois.1 These two counties were re-established with the same names and boundaries by the Illinois Territorial Government April 28, 1809. Madison County was formed from St. Clair County, by act of Ninian Edwards, Terri- torial Governor, September 14, 1812, being the

(1)"From 1787 to 1800, while a part of the Northwest Territory, Marietta first, and Chillicothe and Cincinnati afterwards, were the capitals of the territory, but Illinois retained its name and identity as a county with its coun- ty seat at Kaskaskia until 1790, when the name of the county was changed by Governor St. Clair, in honor of himself, to St. Clair County, and the county seat was es- tablished at Cahokia. From that time until the organiza- tion of the Territory in 1809, 'Illinois' had no place on the map, and no legal status anywhere ; and Kaskaskia ceased to be the seat of government, either civil or military, for territory or county, until 1795, at which time St. Clair County was divided, Randolph being formed out of the southern portion. The county seat of the new county was fixed at Kaskaskia, where it remained until its removal to Chester in 1848."-Blue Book of the State of Illinois, 1903.

624

HISTORY OF MORGAN COUNTY.

first division of St. Clair County after the or- ganization of the Illinois Territory. Greene County was set off from Madison County Jan- uary 20, 1821. Its northern boundary was fixed in the legislative act, and has never been changed. All that country north to the Illi- nois River was attached to Greene County for judicial purposes. Morgan County, named for Daniel Morgan, of Revolutionary fame, was es- tablished by act of the General Assembly Jan- uary 31, 1823. The act was in the following form:

"Be it enacted by the people of the State of Illinois, represented in the General Assembly: "Section 1. That all that tract of country within the following boundaries, .to-wit: Be- ginning at the northwest corner of Greene County; thence east to the Range line between seven and eight west of the Third Principal Meridian; thence northerly along the middle of the prairie that divides the waters of the Sangamon River from those of Apple Creek, Mauvaisterre and Indian Creeks, until it ar- rives at the middle of Range eight; thence to the middle of the main channel of the Sanga- mon River; thence down the said channel to the middle of the main channel of the Illi- nois River; thence down said last mentioned channel to the place of beginning.

"Sec. 2. Be it further enacted. That the electors of said county shall meet on the first Monday of March next, at the house of James G. Swinerton, to elect three County Commis- sioners, a Sheriff and a Coroner, and that Jo- seph Klein, John Clark and Daniel Lieb be, and they are hereby appointed, the judges of said election, who shall give notice thereof and proceed on that day to conduct the same ac- cording to the existing laws of this State, or such as may then be in force, relative to the election for county officers.

"Sec. 3. That Samuel Bristow, John Clark and Henry Fahnestock be commissioners to fix on a place for the temporary seat of justice for said county, whose duty it shall be to meet at the time and place for holding the election for County Commissioners, or within ten days thereafter, and, after being duly sworn, shall proceed to determine on some convenient place as near the center of the population as cir- cumstances will admit; and such place, when located, shall be the seat of justice until other- wise provided by law. Such Commissioners

shall be allowed two dollars, each, per day for the time necessarily employed, to be paid out of the county treasury.

"Sec. 4. That the citizens of Morgan County are hereby declared entitled in all re- spects to the same rights and privileges as are allowed in general to other counties in the State; Provided always. That when free- holders are capable of performing any duty, or are entitled to any privilege, householders shall, for such purposes, be considered as free- holders in said county, and shall and may per- form all the duties appertaining to the dif- ferent offices in said county.

"Sec. 5. That Morgan County shall compose a part of the First Judicial District in this State.

"Sec. 6. That Morgan County shall compose a part of the Senatorial and Representative Dis- trict with Greene County."

On February 17th this act was amended, changing the time of the meeting of the com- missioners appointed to locate the seat of jus- tice, from the first Monday of March to the third Monday, and providing that the election be held on the same day. It will be observed that the act quoted above fixed the boundaries of Morgan County so that it included the pres- ent counties of Cass and Scott. It was then about forty miles long, thirty-two miles wide, and included about 1,280 square miles, or more than 800,000 acres of land.

On the day designated in the act, the third Monday in March, 1823, an election was held at the house of James G. Swinerton, situated about six miles southwest of the present site of Jacksonville. At this election Milton Ladd, a member of the Legislature from Johnson County, was chosen Judge of the Probate Court and was also appointed Clerk of the Circuit Court, and Dennis Rockwell was appointed Re- corder. Mr. Ladd made one visit to Morgan County and declined the office to which he had been elected. Dennis Rockwell was then ap- pointed Clerk, and Aaron Wilson, Judge. The county was attached to the First Judicial Dis- trict, of which John Reynolds (afterwards elected Governor in 1830) was Judge; Jona- than Piper, Stephen Pierce, James Deaton, John Clark, Daniel Lieb, Thomas Arnett, Sam- uel Bristow, Aquila Hall, David Blaine, John Green, Joseph Buchanan and Seymour Kelley, Justices of the Peace; and Johnson Shelton,

625

HISTORY OF MORGAN COUNTY.

Surveyor. At the election of county officers, Daniel Lieb, Peter Conover and Samuel Bris- tow were chosen County Commissioners, and William B. Green, Sheriff. Dennis Rockwell · was subsequently appointed Clerk of this court. The house of James G. Swinerton was chosen as the temporary seat of justice, and the first court was held there. The first Circuit Court was held by Judge John Reynolds, on the third Monday of April, following the election, in an old log cabin owned by Dr. Cadwell, near Mr. Swinerton's house. But few sessions of court were held at Mr. Swinnerton's.

Cass County was set off from Morgan County by act approved March 3, 1837. Scott County was also set off from Morgan County February 16, 1839. The last change in the boundaries of Morgan County occurred in May, 1846, when by a vote of those living in the four precincts forming the "three mile strip," or northern tier of precincts, this portion of the county was at- taclied to Cass County. The act authorizing an extension of the limits of Cass County was approved February 26, 1845. This act provid- ed that an election of the legal voters, within the district embraced in the three mile strip described, should be held on the first Monday of May, 1846, at Arenzville, Princeton, at the house of Henry Price, and at the house of William Berry. David Epler. John A. Arenz and Edward Turner were appointed judges at Arenzville; Jacob Yaples, George Petefish and Peter Conover at Henry Price's; Jonathan C. Bergen, William Montgomery and Z. W. Gatton at Princeton; William Berry. Alfred Dutch and John Miller at the house of William Berry. The result of the vote was a majority in favor of being attached to Cass County. So it will be seen that, from the time of the act of the Vir- ginia House of Delegates in 1778, which formed the first county organization including what is now Morgan County, until the cutting off of the "three mile strip," in 1846, a perlod of sixty- eight years elapsed. The eastern boundary of the county has been but little changed since the act of its creation in January, 1823. On Febru- ary 12, 1835, the boundary question between the counties of Sangamon and Morgan was definitely settled by an act of the Legislature, the line re- maining the same from that time to the present. The Commissioners appointed to fix this boun- dary line were William Weatherford, Harvey

Riggen and John R. Tilts. They performed their duty April 14-17, 1835, and established the line by stone pillars set in the ground one mile apart.

From 1837 to 1843 there was a strong feel- ing and much agitation on the subject of form- ing a new county composed of portions of San- gamon, Morgan and Greene counties. By au- thority of an act of the Legislature two votes were taken, one in August, 1843, on the prop- osition. The name of the new county was to be Benton. The proposition failed to receive the requisite number of votes, and Benton County was not formed. If the proposition had been adopted, Waverly would, no doubt, have become the county seat.

County Changes .- The history of the seat of county civil government for some time after the organization of Illinois County by the Vir- ginia House of Delegates, in October, 1778, is somewhat obscure. During many years it was peripatetic as to the portion now embraced in Morgan County. The administration of civil government was necessarily irregular by rea- son of the vast extent of the original county, and the disturbed state of the country, grow- ing out of the Indian, English, French and Spanish contentions for the possession of the same. During these years the seats of the civil and military governments that were sev- erally established by the contending and suc- cessful forces and claimants were located at different and widely distant points, and from these that authority was attempted to be ex- ercised. The legislation and authority first asserted and enacted by the Virginia House of Delegates having finally been permanently established and continued under successive changes to the present time, all other action of a civil character from other sources has been superseded by the regular continuity of ad- ministration from the original act of Virginia in 1778. Col. John Todd, of Kentucky, hav- ing been appointed Commandant of Illinois County by Governor Patrick Henry, as pre- viously stated, proceeded to organize the mili- tia. That accomplished, he next entered upon the work of providing for the establishment of civil government. He thus became the founder of republican and civil government in Illinois. He ordered au election of civil and judicial officers for Kaskaskia and Cahokia. This was

626

HISTORY OF MORGAN COUNTY.

the first exercise of the elective franchise in Illinois.1 The officers chosen were, with one exception, either by birth or descent, French.

The office of Commandant was continued till February 1, 1788, when Gen. Arthur St. Clair was appointed Governor of the Northwest Ter- ritory, serving from 1789 to 1802. After his ar- rival on April 27th he issued an order at Kas- kaskia in March, 1790, organizing a new coun- ty, which was named after himself, and includ- ed the country within the borders of the pres- ent State of Illinois northward to the mouth of the Little Mackinaw Creek on the Illinois River. The county was divided into three judi- cial districts; a court of common pleas was established, and three Judges were appointed- namely: John Edgar, of Kaskaskia; John Bap- tiste Barbeau, of Prairie du Rocher, and John de Moulin, of Cahokia-each to hold the courts for and in the district of his residence. These seats were named by Governor St. Clair. Ca- hokia became the county-seat after Randolph County was set off in 1795.2

St. Clair County was re-established April 28, 1809. Belleville became the county-seat in 1814. Madison County, including what is now Mor- gan County, was the first county set off from St. Clair County, after the organization of Illi- nois Territory, in 1809, and was the third coun- ty formed within the Territory. It was organ- ized September 14, 1812, and named for Presi- dent James Madison. Edwardsville, settled in 1812, named in honor of Governor Ninian Ed- wards, became the county-seat.

Greene County, named after General Na- thaniel Greene, was cut off from Madison County, and organized January 20, 1821. Car- .

rollton became the county-seat. The northern boundary was established as it now exists. All that country north to, and beyond the Illinois River, was attached to Greene County for judi- cial purposes. From the foregoing it will be seen that what is now Morgan County has had a number of, and widely distant county seats.

County Seat Located .- Morgan County, named after General Daniel Morgan, was established by act of the General Assembly, January 31, 1823. By that act Samuel Bristow, John Clark and Henry Fahnestock were appointed a commit- tee to fix upon a temporary seat of justice for the county. The first place chosen was the house of Mr. James G. Swinerton, situat- ed about six miles southwest of the present city of Jacksonville, and a mile and a half northeast of Lynnville, where the first court was held. The first Circuit Court was held by Judge John Reynolds, on the third Monday of April, 1823, in a log cabin owned by Dr. Cad- well, near Mr. Swinerton's house. The com- missioners finally selected a place called "Olm- stead's Mound," now called "Allison's Mound," about eight miles west of Jacksonville and about one and a half miles north of Lynnville, as the temporary seat of justice.

By an act passed January 6, 1825, John How- ard, Abraham Prickett and John T. Lusk, of Madison County, were appointed commission- ers to fix upon a permanent seat of justice for the county. They were required to meet at the house of James Deaton on the first Monday of March, and, after being duly sworn, were "to locate the permanent seat of justice of said county at the most eligible place, as near the center of the territory as practicable, having due regard to the present and future popula- tion." The commissioners met on the day ap- pointed, and settled on the present site of Jack- sonville. The county offices and all county business were removed from the temporary county-seat at Olmstead's Mound. The first term of the Circuit Court met in the new seat of justice on Tuesday after the second Monday in May, 1825. John S. Sawyer was the Cir- cuit Judge, Dennis Rockwell Clerk, and Joseph M. Fairfield Sheriff. (One account says: "The first Circuit Court was held at Jacksonville in September of 1825. The grand jury was called in and sworn, and sent out to deliberate un- der some forest trees near by. The by-stand- ers gathered around the jury, and all hands took part in the proceedings. The traverse (or

(1.) The recent discovery of the "Kaskaskia Records" has shown that there was an earlier election of local officers conducted in accordance with the methods that had prevailed under the French administration.

(2. ) According to Moses' History of Illinois, three seats of justice were established in Illinois county under au- thority of Col. John Todd as Commandant, after the or- ganization of the county by act of the Virginia House of Delegates. These were located at Kaskaskia, Cahokia and Prairie du Rocher, the first being the headquarters of a deputy commandant, while the same deputy commandant had jurisdiction both at Cahokia and at Prairie du Rocher. This condition was continued, at least nominally, until the organization of St. Clair County in 1790 by act of Gover - nor St. Clair, when the new county was divided into three districts for the management of public affairs, with Ca- hokia as the county-seat, although by what was considered an arbitrary act by Governor St. Clair at the time, the county records were removed in 1795 fron Cahokia to Kas- kaskia. This was followed about the same time by the di- vision of St. Clair into two counties-one retaining the name of St. Clair and the other named Randolph, with Cahokia as the county-seat of the former and Kaskaskia of the latter. Cahokia remained the county-seat of St. Clair county until 1814, when the seat of justice was trans- ferred to Belleville.

МИР. Арм

627

HISTORY OF MORGAN COUNTY.

petit) jury, when trying a case, was accommo- dated with seats, made of split logs, inside the house, and when the trial closed, they were sent out into the grove, under the charge of a constable, to make up their verdict, and the constable often had much trouble to prevent the parties and witnesses from participating in the deliberations. In one instance he entirely failed, and the contending parties got into a rough and tumble fight, and the constable called on the jury to aid in keeping the peace, and in attempting to do so, all parties, jury, bystanders and constables, got into a general row; the lawyers and people left the court, and the grand jury left their shade trees, and all ran to the scene of action. Several fights were going on at the same time, and all this increased the confusion, which grew hotter and louder, until the Judge himself, and the Sheriff also, repaired to the jury room, alias, the field of battle, and by an effort quelled the fray. The Idea of imprisoning the offenders was out of the question, as there was no prison within eighty miles, and to punish them by a fine would have been fully as useless, as in nine cases out of ten, they had no property but a gun, and as the law then was, that could not be taken for debt or fine any more than you could lawfully take a piece of the owner's ear for the same purpose.")

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Historical encyclopedia of Illinois and history of Morgan County, Part 126

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913. cn; Short, William F., 1829- 4n Publication date: 1906 Publisher: Chicago : Munsell Pub. Co. Number of Pages: 1286

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913. cn; Short, William F., 1829- 4n
Publication date: 1906
Publisher: Chicago : Munsell Pub. Co.
Number of Pages: 1286