USA > Illinois > St Clair County > Historical encyclopedia of Illinois and history of St. Clair County, Volume II > Part 10
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"In pursuance of a law passed by the Legis- lature of Illinois Territory on the 10th of De- cember, 1813, at the village of Kaskaskia, for the purpose of fixing on a place for holding courts in the counties of Madison, St. Clair and Johnson, and by virtue of a written order is- sued from the Court of Common Pleas, directed to us, Commissioners of the county of St. Clair, to meet on the 25th of January, 1814, at the dwelling house of Col. William White- side, for the purpose of fixing the seat of jus- tice for the said county of St. Clair, we, the Commissioners, met agreeable to order, all be- ing present, and made no decision for want
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of the law and the proper officers required to administer the oaths in that case.
"We then adjourned and appointed to meet on Monday, the 14th of February, at the vil- lage of Cahokia, and we met accordingly, and postponed our decision for further considera- tion and view of situation and place; then ap- pointed to meet at the dwelling house of George Blair, and met accordingly, all being present.
"A majority could not agree; then we again postponed our decision, and appointed to meet on Tuesday, the 10th of March, at the said dwelling house of George Blair. A majority of said Commissioners have agreed, and fixed the county-seat of St. Clair County on the land of George Blair, and have marked a place for that purpose, about twenty-five rods northeast from the dwelling house of said George Blair, in his cornfield, and we, a majority of said Commissioners, further report that the said George Blair has proposed and agreed to give a donation for the use and benefit of the said county of St. Clair, of a public square contain- ing one acre of land, for the purpose of erect- ing public buildings thereon, and to relinquish twenty-five acres of land adjoining next around the public square, and he also proposes to give every fifth lot of land of the twenty-five acres, exclusive of the streets, a donation for the use and benefit of the county."
This report, dated March 10, 1814, and signed by Isaac Enochs, James Lemen, John Hay, Na- than Chambers and Jacob Short, was presented to and accepted by the court at the April term. It was ordered that a court house and jail be erected at the new county-seat, at Clinton Hill, or Compton Hill, as the place was known be- fore it took the name of Belleville. Blair en- gaged to provide a suitable place for the June session of the court that year, and was paid six dollars for hauling the benches and tables away from the old court room at Cahokia.
At the September (1815) term of the Court of Common Pleas an order was adopted for building the Court House, and the contract was let to Etienne Pensoneau. The Court House, a two-story frame building, was finished and accepted September 10, 1817. As the contract price ($1,525) was only partly paid, and the county still owed $1,200, the Sheriff, in June, 1819, was ordered to sell as many county lots in Belleville as would bring enough money to
clear the debt. This Court House was on the public square at Illinois and Main Streets in Belleville, near the site of the old market house, which was removed in 1852. Thus were laid the foundations of the present goodly capital city of the county. At that time the Ridge Prairie and Badgley settlements had been made by the Lemens, Ogles, Badgleys, Kinneys, Whitesides, Phillipses, Riggses, Var- ners, Redmans, Stouts, Pulliams and others. and the Eymans, Stookeys, Millers, Teters and others had begun the work of civilization south- east of the county-seat.
In 1827, the Court House had become too small for county business. Accordingly, under the direction of William Fowler, a new court house was built, fronting on the public square. It was finished in June, 1831, at a cost of about $3,189.85.1 Later, when the fourth Court House was built, this one was sold to W. Friedlander for $106.
"Especially prominent among my earliest rec- ollections of Belleville, is the old Court House," wrote Hon. Charles P. Johnson, of St. Louis, a native of St. Clair County, born in 1836. "It was a solidly built brick building, square in form and, for those days, of reasonably large dimensions. On entering a wide front door, there stood, on either side, stairs leading to the upper floor, where the more important county officials had their offices. Passing over a nar- row vestibule and through a partitioned door, one stood facing the raised seat of the Judge of the court. It was placed in the center and against the north wall of the building, and immediately above it was painted, in rather ar- tistic style, the famous coat of arms of the State of Illinois. In front of the Judge's seat were arranged chairs and tables for the use of attorneys, the space allotted to these things being inclosed in a strong wooden railing. On either side of the room were benches for the use of the general public, and on both sides of the Judge's stand were seats reserved for the use of jurors. Immediately within the rail- ing was a box-like desk, wherein, on a raised pedestal, sat what appeared to my youthful imagination the most august personage in the
(1) The cost of this building cannot be accurately stated. The county drew the necessary funds from Governor Edwards. The money used was princi- pally so-called "State paper," worth at the time seventy-six to eighty cents on the dollar.
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governmental organization-the Sheriff of the county. I regret to say that this building was torn down some years ago and has disappeared forever. A more stately and convenient one has been erected in another part of the pub- lic square for the uses to which it was applied, but I doubt whether the new edifice will ever attain the same relative importance in the history of Illinois. In addition to the old Court House being among my earliest recol- lections, I must say that, by reason of my per- sonal associations with its precincts-for I was christened therein by an itinerant minister of the Presbyterian faith at a time when the con- gregation was too poor to have a church- and because of my memories of illustrious men whom I heard there in forensic and political contests, down to a period that marked the dawn of my manhood, it is to me one of the dearest and most revered spots on earth. In looking back over the period to which I refer, it strikes me as remarkable, when I consider the large number of men more or less promi- inent in the history of the State and nation who have graced with their presence that old build- ing. Of the local bar, I recall as having heard speak, on various occasions, Lyman and George Trumbull, Gustavus Koerner, James Shields, William H. Bissell, John Reynolds, Jehu Baker, William H. Snyder, Philip B. Fouke, J. L. D. Morrison, Nathaniel Niles, William H. and Jo- seph B. Underwood and John B. Hay, of the cir- cuit, Sidney Breese, Joseph Gillespie and Wil- liam R. Morrison; outside of that, Stephen A. Douglas, Richard M. Johnson, Edward Bates, A. P. Field, Usher F. Linder, Richard Yates, Will Wright; T. G. C. Davis and R. F. Wingate."
The present Court House, a stately structure of brick and stone, was completed in 1861. The County Court borrowed the necessary funds, bought materials, hired labor and superintend- ed the erection of the building. It contracted loans of $85,500, put out $18,666 in county war- rants made payable to its members, and used them to raise the funds. In 1861, the County Court issued further county orders amounting to $11,445.08 in direct payment for the new building, making the whole amount $115,111.08; and the members of the court disbursed $103,- 666 of this. In 1862 and 1863, $4,384.98 was ap- propriated to add finishing touches to the structure. In 1893, a large addition was made
to the Court House, specifically the parts now occupied by the Circuit Clerk, the County Clerk, the Probate Clerk, the County Judge, the Probate Judge and the Circuit Court.
A part of the first Court House building was also used as a jail. In April, 1812, the Court of Common Pleas contracted with Francois Turcott, Stephen Pensoneau and Augustine Pensoneau for the building, on the court house grounds at Cahokia, of a jail, to be eighteen feet long, fourteen feet wide and seven feet between floors, of good oak logs twelve inches in diameter. There were to be two rounds of logs above the, upper floor to be covered with clapboards, the roof to be weighted with heavy logs. The contract price was $200. The jail was completed October 1, 1812.
The second jail was built in Belleville, Feb- ruary, 1816, by Henry Sharp, for $360-the con- tract price. It stood on the public square, near the first Court House. It was a small log building. Its successors were better structures, each larger and stronger than its predeces- sor.
A jail was built in 1848-49 on the southeast corner of Jackson and First streets. Land there was sold to the county by Antoine Lob- singer, April 5, 1848, for $312. On the same day, Simon Eimer entered into a contract for the erection of the building. He completed it March 1, 1849, receiving for it $7,977, which was less than the contract price by $22.30.
The present jail was built in 1885 on the site of Anderson's brewery, on First Street between Illinois and Spring Streets. The cost was $22,753. Risdon A. Moore, a member of the County Board at that time, superintended its construction. The county has lately made additions to the building at a cost of $11,000.
The first movement to buy land for a St. Clair County poor-house was started at a special meeting of the County Commissioners' Court in Belleville, January 17, 1844. The members of the County Court were Richard Bradsby, Daniel T. Moore, Simon Stookey and William McClintock, the latter County Clerk. The court appointed Samuel Chandler and Simon Stookey to select land suitable for the site of a county farm. At the March meeting of the court that year they reported that they had bought forty acres of land (the present site), of Henry L. Million, for $450.
COURT HOUSE, BELLEVILLE.
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HISTORY OF ST. CLAIR COUNTY.
The first building was erected by George Eckert and Simon Eimer, at a cost of $846.37, and was opened as a poor-house December 5, 1844. John Wright and wife, as Superintend- ent and Matron, respectively, were employed at a salary of $150 a year for both.
March 8, 1845, the court ordered that "the respective Justices of the Peace in each Jus- tice's district of the county be hereby appoint- ed as agents of the court, for the purpose of in- quiring after and sending to the poor-house all such persons as they shall judge to be recog- nized as paupers by the laws of this State." June 6, 1845, Drs. William G. Goforth and Ed- ward B. Price were appointed physicians of the poor-house, at a salary of $50 a year for attendance and medicine. They were re-ap- pointed the second year at a salary of $70. The Superintendent reported an expenditure of $1,228.32 in 1847-48.
June 17, 1848, Oliver Lawrence was appoint- ed Superintendent at the same salary that Mr. Wright had received. Doctor Hunter and Dr. John B. Gray were appointed physicians at $50 a year. They resigned in December following and were reappointed at a salary of $100 a year "until otherwise ordered by the court." The expenses for the year 1848-49 were $963.67.
In September, 1849, Charles Weber was ap- pointed Superintendent, and Dr. Daniel La Field Oatman physician. In 1850 Dr. Caspar Thrall was made physician to the poor-house. April 15, 1850, James Affleck was allowed $127 for carpenter's work and Oliver Lawrence $15 for a cow for this institution. Dr. Edward W. Dill was appointed physician in April of that year. December 14 James Scott was made Superintendent.
August 6, 1853, Judge Niles was authorized "to contract for, and let a new poor-house, to serve as an infirmary and hospital, and an ad- dition to the present house on the east there- of." The contract was awarded to James Af- fleck for $5,500. June 15, 1854, Dr. W. S. Van- Cleve, druggist, was employed to furnish drugs to the poor-house, and Philip Pfadler became Superintendent at a salary of $300 per year.
The following have been appointed physi- cians to the poor-house in the years specified. Each served until the year indicated in the next appointment. In 1851-Drs. W. W. and J.
A. Roman, Dr. E. W. Dill; 1852-Dr. James A. Roman and E. W. Dill; 1854-Drs. A. H. Thrapp and W. W. and J. A. Roman; 1857- Drs. W. W. and J. A. Roman; 1862-Dr. H. H. Roman; 1864-Dr. F. Ruesch; 1866-Dr. Ferdi- nand Rubach; 1871-Drs. Rubach and West; 1872-Dr. Ferdinand Rubach; 1886-Dr. Bech- told; 1887-Dr. A. Scheel; 1888-Dr. C. G. Ray- hill; 1892-Dr. D. C. Heely; 1894-Dr. Hugo E. Wangelin; 1895-Dr. Heely; 1896-Dr. Hugo E. Wangelin; 1897-Dr. B. E. Twitchell; 1899- Dr. W. W. West, Jr .; 1902-Dr. George E. Hil- gard; 1904-Dr. A. L. Reuss; 1905-J. G. Mas- sie.
Superintendents not already mentioned have been appointed as follows: In 1857-William Kelley; 1861-Fridolin Holdener and Mrs. Mag- dalene Holdener; 1861-Conrad Frick; 1866- Peter Meder; 1885-M. F. Siefert; 1889-G. H. Trebbe; 1893-James E. Owen; 1898-Alexan- der Woods; 1903-William G. Hill.
From time to time, the buildings have been reconstructed and improved, as more space has been demanded. At this time they are in- adequate and public attention has been called to that fact officially.
The Belleville City Hall, at the corner of Illinois and First Streets, is a sightly and commodious structure which seems to have been built economically at a cost of $55,700. The public library has space under its roof.
The first market house and City Hall at East St. Louis, on the site of the present mu- nicipal building, was erected in 1868 at a cost of $14,500, and the City Hall was dedicated in 1869. It became the home of the public li- brary. In 1881 the City Hall and the then use- less public library were burned. The. present municipal building shelters not only the city officers but contains county officers who have established branch offices in it. The East St. Louis Public Library building, erected in 1894-95, cost-all appointments complete-$55,- 863. It was built during the mayoralty of M. M. Stephens, under supervision of a Board of Directors constituted as follows: B. C. Narsh, President; James P. Seaner, Vice Pres- ident; H. F. Parry, Secretary; G. H. Kremper, George Worstenholm, Samuel Buchanan, A. L. Keechler, M. B. Sherda, James W. Kirk. Other reference to some of these buildings is included in chapters devoted more particularly to the history of Belleville and East St. Louis.
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HISTORY OF ST. CLAIR COUNTY.
CHAPTER XII.
COURTS.
COURTS UNDER FRENCII AND ENGLISH JURISDICTION -UNDER VIRGINIA LAWS-COL. JOHN TODD LIEU- TENANT COMMANDANT-FIRST JUDGES AT CAHO- KIA - EARLY TERRITORIAL LAWS - SOME FRAG- MENTARY RECORDS - ORGANIZATION UNDER GOV- ERNOR ST. CLAIR-COURT OF COMMON PLEAS AND QUARTER SESSIONS-FIRST PROSECUTING ATTOR- NEYS - TERRITORIAL JUDGES - A JUSTICE'S AD- DRESS-FIRST GRAND JURY REPORT -- ODD PUN- ISHMENTS-A GRAND JURY OF 1796-FIRST CORO- NER'S INQUEST-IMPRISONMENT FOR DEBT-THE EARLY BAR-EARLY COURTS AT BELLEVILLE-SU- PREME AND CIRCUIT JUDGES WHO OFFICIATED IN ST. CLAIR COUNTY - PROSECUTING ATTORNEYS, CIRCUIT CLERKS AND EARLY SHERIFFS - REY- NOLDS' REMINISCENCES OF EARLY COURTS-A NOT- ABLE MURDER CASE-ENFORCEMENT OF THE ANTI- DUELING LAW - JUDICIAL CIRCUITS - UNITED STATES COURT - COUNTY COURTS, JUSTICES AND COUNTY COMMISSIONERS.
Under French jurisdiction, which extended less than a century, there were no legally organized courts in Illinois. Post Command- ants, exercising some important functions of governors, were vested with civil-military power, and they and resident priests settled such difficulties between man and man as they were powerless to prevent. The laws of France governed in descents and in all else, and the people were not taxed by the State. In a practical way, the Post Commandant (cap- tain of the local militia) was the "mayor." He superintended the police and was a kind of justice of the peace. From his decisions in the latter capacity appeal was had to the mayor commandant. The "adult inhabitants" of the village voted for the local commandant and they voted for no other official.
About 1752, there was established at Kas- kaskia what the French powers that brought it into existence called the "Court of the Audi- ence of the Royal Jurisdiction of Illinois." Ac- cording to Judge Breese and others this was a court of record. In 1763 French authority on this continent was superseded by English au- thority, and General Gage, as head of all Brit-
ish forces in North America, extended English laws over the Illinois Country. In 1765 Cap- tain Stirling came to Fort Chartres, bringing Gage's proclamation and with it authority to establish a purely military government. The French Commandant, St. Ange, who surren- dered to Stirling, had made wise regulations concerning land titles. His administration had been successful and popular. Many of the inhabitants departed with him; those who re- mained regarded the English as their heredi- tary foes and respected neither their manners nor customs, their trade regulations nor their laws. Stirling was succeeded, in December of that same year, by Major Robert Farmer. After him came Col. Edward Cole in 1766; Col. John Reed and Col. John Wilkins, Septem- ber, 1768. The latter established a court of seven Judges that convened monthly at Fort Chartres. Rocheblave, the English Command- ant, who was of French birth and who sur- rendered to Col. George Rogers Clark, in 1778, permitted this court to lapse. It seems to have been so unpopular that there was no respect- able demand for its continuance. The people wanted the jury. It is probable that the adjudi- cation of all disputes was again virtually in the hands of the priests.
COURTS UNDER VIRGINIA .- Clark established courts that became popular. The Judges were Frenchmen, and they were elected by the peo- ple. There was an appeal from their decision to Clark himself. Justice's courts were estab- lished at convenient points. His chief adviser was the just and patriotic Father Gibault (see "Gibault, Pierre," Vol. I. of this work), whom the people loved and who was a force for good. In 1779 Col. John Todd (see "Todd, John," Vol. I.), a Virginia lawyer, came to Kaskaskia as "County Lieutenant for the coun- ty of Illinois," and superseded military rule with civil government. Jean B. Barbeau, Nich- olas Jans and Charles Charleville were "chosen by vote of the people" Judges of the Courts of Cahokia, Prairie du Rocher and Kaskaskia. The jurisdiction of these courts cannot be defined now. Whether their decisions were final is not known. Under French rule all capital cases were referred to the Superior Counsel. of Louisiana. Colonel Todd's courts convicted and sentenced so-called witches and sorcerers, who were publicly put to death. An election of civil officers, including Judges, held
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HISTORY OF ST. CLAIR COUNTY.
under Todd's authority, was the first general exercise of the elective franchisé in the terri- tory now embraced in the State of Illinois. Colonel Todd remained until 1782. His suc- cessor was Timothe de Montbrun, a French- man, who does not appear to have made judi- cial history. In 1784, Illinois passed from the jurisdiction of Virginia to that of the United States.
EARLY TERRITORIAL LAWS .- It has been seen that before the organization of St. Clair Coun- ty laws were administered very imperfectly. They were a mixture of civil laws as adopted by the French, arbitrary enactments of Brit- ish commandants at Fort Chartres (see "En- cyclopedia of Illinois," first volume of this work), and such regulations as had been insti- tuted by Virginia authorities. Treason, mur- der, arson, rape, and horsestealing on a sec- ond conviction were capital crimes. Burglary was punishable by whipping (not more than thirty-nine lashes), as also was the obstruc- tion of lawful authority. Perjury and larceny were punishable with whipping, the latter with whipping and a fine of fourfold the amount stolen. If the condemned was not able to pay, the Sheriff had to bind him to servitude under the direction of the court, for a period not long- er than seven years. Forgery was punishable by sentence to the pillory for not less than three hours and the imposition of a fine of double the sum involved. Hog stealing was punishable by twenty-five to thirty-nine stripes and a fine of fifty to one hundred dollars. Al- tering or defacing marks on cattle or horses was punishable by a fine of five dollars. A sec- ond conviction subjected the culprit to the same fine, two hours in the pillory and to be branded on the left hand with the letter "T."
FRAGMENTARY RECORDS .- The following frag- mentary extracts from early court records are here quoted:
"Beaulieu vs. L. Le Compte .- "Present, Jo- seph Bowman, Esq., W. Langlois, Captain Touranjo, William Gratiot, at Cahokia, Thurs- day, February 21, 1778.
"Baptiste Bastieu, negro of M. Saucier, called and examined touching his poisoning the negro of Marie Laurent, of St. Louis, as said negro had declared.
"Questioned whether he gave any cake or anything else to said negro?
"Answers that said negro met him, and after salutations, said negro says: 'I am told you
intend fighting with me.' I asked for what; he said, 'On account of Martin's wench.' ‘Oh, brother,' says I, 'we shall never quarrel for that; besides, she is everyone's. . Aft- er which, said negro said he had a pain in his breast. I asked him if he had overstrained himself; he said not, unless it was by carrying thirty bushels of corn that day into the garret; and that he neither ate nor drank with him, nor even gave him a pipe of tobacco.'
"Baptiste, the negro of M. Robert, declares that he did not see Bastieu give cake or any- thing else to eat or drink to M. Laurent's ne- gro.
"The other negro, Levellier, examined, says he was at no place with the negro of M. Lau- rent, except at his master's house, where he gave him a glass of wine as he was going off, and that he did not see Bastieu with him.
"Friday, 8th of January, 1779. Beaulieu vs. Le Compte-plaintiff demands proof of what he has advanced to Mr. Langlois; that he, M. Beaulieu, said to his negro, 'Take care, don't confess anything or you will be hanged.' De- fendant says he heard it from Jean Racette, who says he heard it at this court house the day the negroes were punished, but of whom or from whom he don't know.
"Louis Louisgout, sworn, says that M. La Croix told him in the street, after the negro of Le Compte was whipped, that M. Beaulieu staid in the court house with him, and that La Croix said, 'I believe Beaulieu tells his negro, 'don't confess or you will be hanged.'"
The above is but a fragment. Complete judicial records prior to the organization of the county cannot be found. Another fragment, dateless, speaks of a court of committees at Cahos (Cahokia) with Lieutenant Perrault as President, and M. Graciot (probably Gra- tiot), Girardin and Trotier as members. This session may have been held about the year 1780, as is indicated by this incomplete record:
"M. Martin complains that he has sold sev- eral articles to M. Wells, a trader, and that he received continental money in payment thereof, but as the money is now cried down in the vil- lage, he demands additional pay."
The records do not show whether he main- tained his claimn. This court of committees of Cahos, sometimes called the Court of Common Pleas of Cahokia, was superseded in 1795. Jean Baptiste Barbeau was its last President.
ORGANIZATION UNDER ST. CLAIR .- In 1790,
4
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HISTORY OF ST. CLAIR COUNTY.
Governor St. Clair organized the government of the Northwestern Territory and the judiciary of St. Clair County. He appointed Justices of the Peace throughout the county, but their jurisdiction was limited in civil matters to twenty dollars, and in criminal cases they had no authority except as examining courts. In those days a jury trial before a Justice of the Peace had probably not been thought of.
Governor St. Clair also appointed Judges of the Court of Common Pleas, or "quarter ses- sions," as it was sometimes called, who held office at his discretion; but he rarely exercised his power to dismiss officers so appointed. These courts held sessions four times a year. The Governor and the Judges in the North- western Territory adopted the common law of England and the British statutes in aid there- of, to the fourth year of the reign of James I. of England. These laws provided for trial by jury, and recognized all other appendages that are found in the common law applicable to our government. The habeas corpus was secured to the people and such other fundamental principles as are provided for in the various State constitutions. St. Clair County was di- vided into three judicial districts, and the courts held their sessions in each district-one at Cahokia, one at Kaskaskia and one at Prairie du Rocher. The Judges, Sheriff and Clerk had jurisdiction throughout the county, but no citizen could be sued outside of his district. A writ dated at Cahokia would not run at Kas- kaskia. In 1790, John Edgar (see "Edgar, John," Vol. I.), was Judge in the Kaskaskia district, Jean Baptiste Barbeau in the Prairie du Rocher district, and John du Moulin in the Cahokia district. William Biggs (see "Biggs, William," Vol. I), was Sheriff, and William St Clair, Clerk. Grand juries were organized in each district. French inhabitants who had pledged fealty to Virginia were permitted to retain their laws and customs with reference to the descent and conveyance of property.
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