Historical encyclopedia of Illinois and history of Winnebago County, Volume II, Part 19

Author: Bateman, Newton, 1822-1897. cn; Rogers, Thomas H; Moffet, Hugh R; Selby, Paul, 1825-1913. cn
Publication date: 1903
Publisher: Chicago : Muncell Pub. Co.
Number of Pages: 972

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The completion of the Atlantic cable was cele-

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HISTORY OF WINNEBAGO COUNTY

brated August 17, 1858, by the citizens of Rock- ford with great demonstrations of enthusiasm. On that day the Queen of England and the Presi- dent of the United States exchanged messages. The event was celebrated in Rockford by a salute of fifty guns, fired by the City Greys, and the church bells were rung. Public exercises were held in the evening at the courthouse. Addresses were made by James L. Loop, Judge Miller, E. W. Blaisdell, Judge Church, William Hulin, and Dr. Lyman.

In 1860 the census of the city of Rockford, taken by Thos. Boyd, showed a population of 7,046, and 8,117 in the township. In 1836 there were 350 white inhabitants in the county, which included Boone and the eastern half of Stephen- son. In June, 1837, after Winnebago had been reduced to its present size, the county had a population of 1,086. In 1839 the village of Rock- ford had 235 inhabitants, and in December, 1845, there were 1,278. In 1840 there were 2,563 in Rockford Township, and in 1855 there were 6,620.

CHAPTER XI.

INTERNAL IMPROVEMENTS-NEW STATE CONSTITUTION.

RIVER AND HARBOR IMPROVEMENT-HISTORIC CON- VENTION OF 1847-CONSTITUTIONAL CONVENTION AT SPRINGFIELD-NEW CONSTITUTION ADOPTED NAVIGATION AGITATION-BOARD OF COMMIS- SIONERS FOR RIVER IMPROVEMENT APPOINTED- FUND CREATED-OPERATIONS BEGUN-SHIP CANAL PROPOSED-PLAN TO CONNECT LAKE MICHIGAN WITH MISSISSIPPI RIVER-FAILURE OF THE SCHEME-SIMILAR CONVENTIONS HELD TWENTY YEARS LATER-OTHER TRANSPORTATION PLANS- RAILROAD CHARTER IN 1836-SURVEYS FOR PLANK ROAD IN 1844-INCORPORATION OF THE CHICAGO AND ROCK ISLAND PLANK ROAD COMPANY- NO PLANK ROAD EVER CONSTRUCTED UNDER THAT CHARTER-THE ONLY SLAVE EVER FOUND IN WINNEBAGO COUNTY.

RIVER AND HARBOR IMPROVEMENT.

Prior to 1846 Chicago was a port of delivery only, and belonged to the district of Detroit. The former city was made a port of entry by Act of Congress in 1846. Some improvements had been made in the harbor previous to 1839, when the work was discontinued for want of funds. A bar had formed, which extended across the entrance of the channel, so that vessels could enter only in fair weather, and even then with considerable difficulty. It was only in response to the unremitting efforts of citizens, by memorials and personal influence, during the years 1839-41, that Congress, in 1843, appro- priated $25,000 to continue the improvements. The next year $30,000 additional were appro- priated for the same purpose. Up to this time $247,000 had been expended; yet the harbor was still incomplete, if not positively dangerous. John Wentworth, Chicago's able representative in Congress, had secured the incorporation of another appropriation in the river and harbor bill of 1846, by a decisive majority; but Presi- dent Polk interposed his veto.

HISTORIC CONVENTION OF 1847.

The president and the minority in Congress were thus committed against the policy of river and harbor improvement. This course provoked general criticism, and especially in the West ; and resulted in the call for the famous river and harbor convention, which met in July, 1847. It was one of the most notable events of the period. Preliminary conferences had been held in Chicago, Detroit, Buffalo, and New York, and such encouragement had been received that a meeting was held in Chicago, November 13, 1846, to complete the arrangements for the conven- tion. William Moseley IIall, who took the initiative in calling the convention, was from 1845 to 1848, agent at St. Louis of the Lake Steamship Association, connecting by Frink, Walker & Company's stage lines, and later by Illinois and Michigan canal packets, with Illinois River steamers to St. Louis.

The convention assembled in Chicago July 5, 1847. Winnebago County was represented by thirty delegates, as follows : Daniel S. Haight, Anson S. Miller, S. G. Armor, Thomas D. Robert- son, William Hulin, Spencer Post, Charles H. Spafford, O. Jewett, J. A. Wilson, Jason Marsh,

abram & Davis

HISTORY OF WINNEBAGO COUNTY

Newton Crawford, Cyrus F. Miller, Goodyear A. Sanford, W. A. Dickerman, R. R. Comstock, Jesse Blinn, J. B. Peterson, Austin Coltou, Shepherd Leach, C. A. Huntington, J. M. Wight, J. B. Johnson, Samuel Cunningham, Horace Miller, E. M. Miller, W. P. Dennis, H. Barross, D. Corey, M. H. Regan, Dr. Carpenter.

EARLY NAVIGATION PLANS.

The early settlers foresaw that this section of country could not become prosperous without improved facilities for transportation. At that time the navigation of Rock River seemed to offer the most feasible solution of the problem. On January 11, 1840, a meeting of the citizens of Winnebago County was held at Rockford. There was no newspaper in the town until some months later, and the only report of the con- vention was published in John Wentworth's paper, the Chicago Democrat, in its issue of February 12th. The purpose of the meeting was to consider the expedieucy of asking Congress for a graut of unsold land in the valley of Rock River, the proceeds to be applied to the improve- ment of the stream. Dr. Goodhue was chosen president ; George Stevens, George W. Lee and Charles I. Horsman, vice presidents ; John C. Kemble, secretary. Resolutions were introduced by George W. Lee, and unanimously adopted. Dr. Goodhue, George W. Brinckerhoff, and Dan- iel S. Haight were chosen a committee to cor- respond with the people of the counties on the river on the subject of the resolutions. This convention did not lead to any practical results. The agitation, however, was continued for some years. On February 28, 1844, the Rockford Forum announced that the steamboat Lighter from St. Louis would ascend Rock River on the opening of navigation in the spring. Patronage was solicited; and the Forum advised the citi- zens to make exchanges of grain for provisions. The Lighter arrived in Rockford in the latter part of June. On the 1st of July the steamer made a trip to Roscoe. The visit of the Lighter renewed the interest in the improvement of the river and on July 13th a meeting was held at the courthouse to consider the subject. Com- mittees were appointed, resolutions adopted, and on November 22, 1844, a river convention was held at Sterling. William Pollock, who had been employed to make a survey, presented a report. He stated that he had made an examin-

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ation of Rock River from the mouth of the Peca- tonica to Sterling, a distance of about oue hun- dred miles ; and estimated that the total cost of removing all obstructions between these points at $4,366.75. This was an insignificant sum, and was probably far below what the actual cost would have been. The general government had done nothing in response to the petition seut in 1840 ; and the assistance of the state legislature was invoked. On February 25, 1845, an act was approved for the improvement of Rock River. Duncan Ferguson, of Winnebago, John Dixon, of Lee, Spooner Ruggles and William W. Fuller, of Ogle, and Theodore Winn, of Whiteside, and their successors were made a body politic and corporate under the name of the "Board of Com- missioners for the improvement of the naviga- tiou of Rock River." For the purpose of crea- ting a fund for making these improvements, it . was provided that a tax should be levied for the year 1845, of seveu and one-half mills on every dollar's worth of assessable personal property in Wiunebago, Ogle, and Lee couuties.

OPERATIONS BEGUN.

In October, 1845, operations were actually be- gun at Rockford, under the direction of Alonzo Hall. A cofferdam about 50 feet wide was built through the rapids. A wheel at the lower end, propelled by the current, baled out the water. A steamboat channel was excavated in the autumn and winter, and the rock piled out- side the dam. The "improvement" ruined the ford; and was absolutely useless for naviga- tion, as the rapids at the mouth of the river in ordinary stages of water would not float a steamer. Similar attempts at improvements were made in the other counties during the year. The money which remained on hand after these expenditures was to be refunded pro rata, as provided by the law, to the counties from which it had been collected.

SHIP CHANNEL PROPOSED.

This failure, however, stimulated further ef- fort. The promoters of the scheme became more audacious than before. Not only was it decided to make Rock River navigable to the mouth of the Pecatonica; it was now also proposed to seek the aid of the government in the construc- tion of a ship canal which should connect Lake

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HISTORY OF WINNEBAGO COUNTY

Michigan with Mississippi River. On Jannary 1 and 2, 1846, a ship canal convention was held in Rockford. Delegates were present from northern Illinois and southern Wisconsin. Mar- tin P. Sweet, of Freeport, said this section needed a railroad to the east, and free naviga- tion to the south, so that the people could have a choice of markets. He believed the govern- ment should aid in constructing such a water- way. A committee was appointed to draft reso- Intions expressing the sense of the convention. On Friday, January 2d, the committee presented its resolutions, which were nnanimonsly adopted. It was declared that in the judgment of the con- vention, the project of connecting the great lakes with the Mississippi River was purely national in its character; that the cheapest and best mode of effecting this communication was by means of slack-water navigation of Rock River, and by a properly constructed canal connecting it with Lake Michigan; and that the comple- tion of this work in connecting the Atlantic ports on the east with the Gulf of Mexico on the south wonld form a strong bond which would unite more firmly the North and the Sonth for mutnal defense. A committee was appointed to draft a memorial to the proper authorities for the survey of the route, and to present a memo- rial to Congress, praying for the construction of a ship canal. Ship-canals, however, are not constructed by resolution, and the usnal results followed. In the winter of 1865-66 the subject was revived, and February 22d a convention was held at Rockford. Letters were read from General Stephen A. Hurlbut, of Belvidere, Hon. John F. Farnsworth, and others. Another con- vention was held at Beloit, March 15th. Bnt better railroad facilities had by that time in- definitely delayed, if not forever defeated the construction of an inter-state waterway. Had it not been for the advent of the railroad, the improved navigation of Rock River would in time have been recognized as a public necessity.

OTHER TRANSPORTATION PLANS.

The improvement of navigation facilities was not the only means by which the settlers songht relief from imperfect transportation. Chicago was the nearest grain market. The only com- mnnication with that city was by stage and wagon. In the spring and autumn months, when the deep soil of the prairies was saturated

with water, the journeys were slow and tedions. A farmer who had drawn a load of produce to Chicago often received a disconraging margin of profit. A charter had been obtained in 1836 for a railroad between Chicago and Galena. The connty, however, was thinly populated, and the people were too poor to make subscriptions. Moreover, eastern capitalists had little confi- dence in the future of Illinois. The state was burdened with debt; and many of the people openly advocated repudiation, This nncertainty about a railroad continned more than ten years. Meanwhile the citizens were considering other plans. In 1844 preliminary surveys were made for a plank road from Chicago to Rockford.

A committee of citizens residing on the pro- posed ronte was held at Elgin, September 20, 1844. This committee had been chosen to col- lect facts relating to plank roads, and to for- nish estimates of cost. J. Young Scammon, of Chicago, and Jason Marsh were members of this committee. Edward B. Talcott, an experi- enced engineer, was sent by the committee to Canada to examine the plank roads there in nse, and to ascertain their cost and manner of construction. On the 19th of November the com- mittee submitted its report, also a detailed state- ment prepared by Mr. Talcott. He estimated the cost of the road at $312,731.29. Pnhlic meet- ings were held along the line.

CHICAGO AND ROCK RIVER PLANK ROAD COMPANY.

On Jannary 21, 1845, the Chicago and Rock River Plank Road Company was incorporated by special act. The commissioners appointed to receive subscriptions in Belvidere and Rock- ford were Alexander Neely, Lyman Downs, Joel Walker, Daniel Howell, C. I. Horsman and Jason Marsh. Among the commissioners from Chicago was Walter L. Newberry, who became the fonnder of the magnificent Newberry reference library in Chicago. The corporation was given absolnte right of way, with power to institnte condemnation proceedings when necessary for the purchase of land. The demand for plank roads hecame general throughout the state, and

in February, 1849, an act was passed for the construction of plank roads under a general law. Mr. Colton, in his Forum, discouraged the con- struction of a plank road from Chicago to Rock- ford. He said eastern capital conld not be secured for such a donbtfnl enterprise; and

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HISTORY OF WINNEBAGO COUNTY

predicted that "sooner far could it be obtained for a railroad on the same ground, and we fully believe that one will be built before a plank one will be completed." Public sentiment showed that Mr. Colton was a prophet without honor in his own country ; but time vindicated his claim to the gift of prophecy. No plank road was constructed, under the provisions of the charter. The thunder of the iron horse was heard in the distance ; the day of the railroad was at hand.

CONSTITUTIONAL CONVENTION.

In pursuance of an act of the General Assem- bly, approved February 20, 1847, a constitutional convention assembled at Springfield, June 7th of the same year. The delegates from Winnebago County were Selden M. Church and Robert J. Cross. The delegates from the neighboring county of Boone were Dr. Daniel H. Whitney and Stephen A. Hurlbut, both of whom were well known in Rockford at an early date. The Journal of Proceedings indicate that all of these gentlemen took part in the discussions. Upon the organization of the convention, Mr. Church was appointed a member of the standing com- mittee on the organization of departments and offices connected with the executive department ; Mr. Cross, a member of the committee on the bill of rights; Mr. Hurlbut, on the judiciary department ; and Dr. Whitney, on incorpora- tions.

Early in the session Mr. Church introduced the following resolution: "Resolved, That the committee on the bill of rights be requested to inquire into the expediency of so amending the sixth article of the present constitution that it shall provide that 'there shall be neither slavery nor involuntary servitude in this state, other- wise than for the punishment of crimes whereof the parties shall have been duly convicted. Nor shall any person be deprived of liberty on account of color.'" Mr. Cross introduced the following resolution : "Resolved, That the com- mittee on elections and the right of suffrage be instructed to inquire into the expediency of changing the time of holding elections from the first Monday in August to the Tuesday next after the first Monday in November, and the manner of voting from vive roce to ballot." Mr. Cross also led in an effort to secure in the new constitution a provision for a state super- intendent of schools, with a liberal salary.

NEW CONSTITUTION ADOPTED.

The convention continued in session until August 31, 1847, when the new constitution was adopted. It was ratified by the people March 6, 1848, and in force from April 1st next following. The adoption of this new constitution was a notable event in the transition of Illinois trom a primitive, pioneer state to a great common- wealth. Many changes were made. A section, introduced by Mr. Hurlbut, of Boone, provided for township organization in the counties, when- ever desired. The time of holding the general elections was changed from August to Novem- ber; the method of voting changed from vive roce to ballot ; the judiciary was made elective ; and many improvements were made along other lines. This constitution remained in force until 1870.

CHAPTER XII.

COURTS, BENCH AND BAR.

EARLY COURT ELECTIONS-SIX JUDICIAL CIRCUITS IN 1835-EARLY COURTS CONVENE IN DWELLINGS -FIRST CIRCUIT COURT-FIRST CIRCUIT JUDGE- FIRST PETIT JURY-FIRST GRAND JURY-FIRST COURT BUILDINGS-JUDICIARY RE-ORGANIZED IN 1841-CIRCUIT JUDGES-SEVENTY-ONE YEARS COVERED-DISTRICT AND STATE'S ATTORNEYS- CIRCUIT CLERKS AND RECORDERS-PROBATE AND COUNTY JUDGES-CLERKS OF THE COUNTY COURT -BAR OF WINNEBAGO COUNTY, PAST AND PRES- ENT-SECOND WOMAN LAWYER IN STATE FROM WINNEBAGO-MASTERS IN CHANCERY.

EARLY COURT ELECTIONS.

Under the first constitution of Illinois, the justices of the Supreme court and the judges of the inferior courts were elected by joint ballot of the legislature. This made the courts in a sense the creatures of the legislature rather than a co-ordinate branch of the government. The legislature is always governed more or less by partisan expediency, and the reflex action

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HISTORY OF WINNEBAGO COUNTY

upon the judiciary compromised its independ- ence.

The first judicial apportionment which affected Winnebago County was the act of the legisla- ture of January 17, 1835, by which the state was divided into six judicial circuits. Under this first apportionment, what is now Winnebago County formed a part of the Sixth circuit. Thomas Ford was commissioned January 19, 1835, hut he never presided over a court within the present limits of Winnehago County. Judge Ford resigned in March, 1837, and was elected governor in 1842. He was the author of "Ford's History of Illinois," an historical classic. Judge Ford was succeeded hy Judge Stone, who was commissioned March 4, 1837. Judge Stone be- came a member of the Springfield bar in 1833. Upon his elevation to the bench, he was assigned to the northwestern part of the state, and re- moved to Galena. Judge Stone was legislated out of office in 1841. He removed a few years later from the state, and died in New Jersey.

The Seventh judicial circuit was created Feb- ruary 4, 1837, and February 23, 1839, the eighth and ninth circuits were created. Judges were appointed for these additional circuits.

The act establishing Winnehago county pro- vided that until public buildings should be erected, the Circuit courts should he held at the house of Germanicus Kent or Daniel S. Haight, as the county commissioners should direct. At the first session of this court it was ordered that, pending the location of the county seat, the Circuit courts should be held at the house of Mr. Haight. An examination at the circuit clerk's office reveals the almost incredible fact that no records of this court previous to 1854, except the simple dockets of the judge, have heen pre- served. The conclusion must be drawn that this docket was the only record made at the time. Memoranda kept by individuals have given facts upon which the official records are silent.

FIRST CIRCUIT COURT.

The first Circuit court convened at the house of Daniel S. Haight, October 6, 1837. This was the frame building which stood on the northeast corner of Madison and State streets. The statute of 1835 provided that the General Assembly, on joint hallot, at that session, and every two years thereafter, should choose one state's attorney for each judicial circuit. At

this first court Hon. Dan. Stone, of Galena, was the presiding judge. Seth B. Farwell was ap- pointed state's attorney pro tem; and James Mitchell, then of Jo Daviess county, clerk. Mr. Mitchell held this position until 1846, when he was chosen superintendent of the lead mines. He was succeeded as clerk by Jason Marsh, who was appointed hy Judge Thomas C. Brown. The offices of circuit clerk and recorder were separate until the second constitution went into effect, when they were united, and this officer was made elective. The petit jurors on duty at the first term were: Edward Cating, James B. Martyn, Joel Pike, William Pepper, Richard Montague, Isaac N. Cunningham, Thatcher Blake, Henry Thurston, Charles I. Horsman, David Goodrich, James Jackson, and Cyrus C. Jenks. There were hut two trials by jury, and these were of very little importance.

The sessions of May, 1838, and April 18, 1839, were also held at Mr. Haight's house ; although, for convenience, a room in the Rockford House, on the corner west, was actually used when more room was required. The first grand jury was impaneled at the May term. 183S. The names of this jury were: Anson Barnum, Ly- man Amsden, Isaac Johnson, James Sayre, H. M. Wattles, Asa Daggett, H. W. Gleason, Sam- uel Gregory, Asa Crosby, Daniel Beers, Walter Earle, Isaac Hance, Benjamin T. Lee, E. H. Potter, Paul D. Taylor, Lyman B. Carrier, Aaron Felts, Cyrus C. Jenks, James B. Martyn. Livingston Robhins, Henry Enoch, and Luman Pettibone. Anson Barnum was appointed fore-" man. At this term the usual order was re- versed, in that the judge occupied one of the few chairs in the house, while the jury "sat on the hench."

FIRST COURT BUILDINGS.

The first building erected for the use of courts and religious meetings was built by Mr. Haight, in the summer of 1838, on the southeast corner of Madison and Market streets, on the site of the American House. It was a frame structure, ahout 16 hy 32 feet, with one story. This house, with additions, was later the resi- dence of William G. Conick. In this building were probably held the sessions of November, 1839, and April, 1840. Several of the lawyers who attended the courts in those days attained distinction in their profession. Among these

Enyd by Campbell Brothers NY

Ger, H Dennett.

Munsell Publishing Company

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HISTORY OF WINNEBAGO COUNTY

may be mentioned : Judge Drummond, then of Galena, who removed to Chicago and became a judge of a Federal court ; Thompson Campbell, of Galena; Joel Wells, who canvassed the dis- trict for Congress ; Norman B. Judd, of Chicago ; and Seth B. Farwell and Martin P. Sweet, of Freeport. The famous John Wentworth, "Long John," made his maiden speech in Rockford, as attorney in a case that promised to bring him prominently before the public. Mr. Wentworth made frequent visits to Rockford in later years ; and for several terms he represented the Belvi- dere district in Congress. On September 12, 1840, the county purchased the abandoned building on North First street, which had been commenced by the First Congregational church two years before. The consideration was $600. The deed was executed by H. B. Potter, E. H. Potter and S. D, Preston. Since the building had been abandoned by the Congregationalist people it had been used as a carpenter's shop. When the county obtained possession the build- ing was partially finished so that the courts could be held there. The session of September 10, 1840, and subsequent sessions were held at this place, until the transfer of the courthouse to the West side.

The judiciary of the state was reorganized in 1841 by a statute which repealed all former laws authorizing the election of circuit judges, who were legislated out of office. The state was divided into nine circuits. Additional jus- tices of the Supreme court were appointed, who were required to do circuit duty. The judiciary, as thus organized, was continued until the en- tire system of an appointive judiciary was swept away by the new constitution of 1848. Under this new system the first judge assigned to cir- cuit duty in Rockford was the Hon. Thomas C. Browne, who presided at the first term of court in the courthouse completed in 1844. Upon the adoption of the first constitution he was ele- vated to the Supreme bench, and served con- tinuously thirty years, until the reorganization of the judiciary under the constitution of 1848.

Hon. Jesse B. Thomas succeeded Judge Browne in 1847, as presiding judge of Winne- bago County, and served until the judiciary sys- tem was changed in 1848. Judge Thomas first held the position of circuit judge from 1837 to 1839. In 1843 he became associate justice of the Supreme court by appointment of the gov- ernor, as successor to Stephen A. Douglas, and

was subsequently elected by the legislature to the same office. He died in Chicago, February 21, 1850.

Hon. Hugh T. Dickey was the first judge to preside in Rockford after the adoption of the second constitution. In September, 1848, he was elected judge of the Seventh judicial cir- cuit. He died in New York, his native city, June 2, 1892.

Hon. Hugh Henderson, of Joliet, succeeded Judge Dickey, and presided in 1848 and 1849. He died soon afterward, and little is known of him.

Judge Benjamin R. Sheldon succeeded Judge Henderson. Judge Sheldon was a native of Massachusetts. He came to Illinois at an early day, and resided first at Hennepin, and later at Galena. Ile was elected in 1848 judge of the Sixth circuit, which was afterward divided and he was assigned to the Fourteenth circuit. He remained on the Circuit bench until 1870, when he was elected a justice of the Supreme court, presiding as chief justice in 1877. He was re-elected in 1879, but retired in 1888. Judge Sheldon then became a resident of Rock- ford, where he died April 13, 1897. He left an estate valued at $2,000,000. He bequeathed $10,000 to the Young Men's Christian Associa- tion of Rockford, and $10,000 to Rockford Col- lege.

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Historical encyclopedia of Illinois and history of Winnebago County, Volume II, Part 19

Author: Bateman, Newton, 1822-1897. cn; Rogers, Thomas H; Moffet, Hugh R; Selby, Paul, 1825-1913. cn Publication date: 1903 Publisher: Chicago : Muncell Pub. Co. Number of Pages: 972

Author: Bateman, Newton, 1822-1897. cn; Rogers, Thomas H; Moffet, Hugh R; Selby, Paul, 1825-1913. cn
Publication date: 1903
Publisher: Chicago : Muncell Pub. Co.
Number of Pages: 972