USA > Illinois > Union County > History of Alexander, Union and Pulaski Counties, Illinois > Part 13
USA > Illinois > Pulaski County > History of Alexander, Union and Pulaski Counties, Illinois > Part 13
USA > Illinois > Alexander County > History of Alexander, Union and Pulaski Counties, Illinois > Part 13
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99
HISTORY OF CAIRO.
April 15, 1851, S. Staats Taylor succeeded M. A. Gilbert, as Agent of the Trustees of the Cairo City Property. At that time, only about fifty acres, along the Ohio River, near its confluence with the Mississippi River were cleared. The rest of the grounds were mostly covered with a dense growth of tim- ber. The buildings and other improvements made by the city company, from 1837 to 1842, had nearly all fallen and decayed, or been removed. Only a few buildings re- mained, and they were in a tumble-down condition. The Central Railroad had made arrangements to commence the construction of its road, and desiring privileges within the city of Cairo, and the right of way from the north to the south limits of the town, on June 11, 1851, Thomas S. Taylor and Charles Davis, the Trustees, living in New York, entered into a contract with the rail- road company to construct and maintain levees around the city. The consideration paid the railroad, in addition to the right of way through the city, was 487 acres of land, this land mostly on each side of the track and the levees around the city, with certain tracts extending to the rivers on each side of the city. This agreement provided that the railroad company should encompass the city with a levee or embankment of adequate height to exclude the waters of the rivers at any then known stage or rise of the same; that this embankment or levee should be so formed or graded as to furnish a street or roadway, as nearly level, transversely, as might be deemed proper, of not less than eighty feet in width, and, beyond the street or roadway, to slope toward the river, on a descent of one foot in five, to the natural surface of the land, which ¿slope was to have been continued toward the river, to low water mark.
As this agreement and contract was event-
ually the most important to the city com- pany, to the town and to the railroad, and led finally to misunderstandings and lawsuits between the two companies, and to much dis- cussion and disputes among property holders in the city, and as they have never been properly understood by the many interested therein, we give them here entire, together with the correspondence arising therefrom between the railroad, the city company and the property holders:
" AGREEMENT.
" The Illinois Central Railroad Company, with the Trustees of the Cairo City Property. June 11, 1851.
" Memorandum of an agreement made pro- visionally, this 11th day of June, 1851. be- tween Thomas S. Taylor and Charles Davis, of the first part, and the Illinois Central Railroad Company of the second part.
"1. It is hereby mutually agreed, that proper deeds, conveyances and instruments necessary to secure the performance of this agreement, shall be executed by the respect- ive parties hereto, when prepared in due form of law and with accurate descriptions.
"2. It is also agreed, that the site of Cairo City, substantially as shown on a map. thereof made by H. C. Long, dated June, 1851, and annexed hereto, 'shall be estab- lished by the parties of the first part, and maintained by thew against the abrasion and wear of the waters of the rivers, and that all the constructions, of whatever nature, for the purposes of forming, maintaining and pro- tecting the site of the city, shall be made by and at the cost of the parties of the first part.
"3. It is agreed, that this site shall be encompassed entirely by a levee or embank- ment of adequate height to exclude the waters of the rivers at any stage or rise of the same now known, to be established, for
6
100
HISTORY OF CAIRO.
the purposes of this agreement, by the en- gineers of both parties, which shall be so formed and graded as to furnish a street or roadway as nearly level, transversely, as may be deemed proper, of not less than eighty feet in width, and, beyond the width adopted for the level_street or roadway, to slope toward the rivers, on a descent of one foot in five, to the natural surface of the land -which slope is to be continued toward the river, to a point to be selected by the en- gineers at low water mark; but a level sur- face (transversely) may be introduced between the slope of the levee or embankment and the slope down to the low water mark, in case the width of the bank between the water and the levee should make it necessary or expedi- ent, and it should be so arranged by the en- gineers of both parties. All of which em- bankment, or levee, or slopes, and inter- mediate level, if any there be, shall be made, formed and graded by and at the cost of the parties of the second part.
" 4. It is agreed, that the location of the levee or embankment shall be such as will supply, from the excavation and removal of the earth forming the slope to the low water mark, all the earth necessary for the forma- tion, grading and construction of the levee or embankment, with only such variations in the places as the engineers of both parties may agree upon as absolutely necessary.
" 5. It is agreed, that when the levee street is formed and graded, of a width of not less than eighty feet on top, and the slope of the levee wharf formed and graded, that the same shall be considered as com- pleted under this agreement, and that no further protection or construction, such as paving, planking, etc., shall be required of the parties of the second part; but all re- pairs, works or constructions which may thereafter become essential or necessary for
the preservation, maintenance and repair of the levee or embankment shall be made by and at the cost of the parties of the second part; and such as may be essential and neces- sary for the preservation, maintenance and repair of the level in front of the levee or em- bankment, and of the slopes or levee-wharf, shall be made by and at the cost of the parties of the first part, except in front of those parcels of land to be appropriated to the parties of the second part, extending to and into the waters of the rivers, where the level, slopes or levee-wharf shall be maintained and re- paired by and at the cost of the parties of the second part, but not so far as to dis- charge the parties of the first part from the agreement to establish and maintain the site of the city No. 2.
"6. It is agreed, that the parties of the second part may, whenever they may see fit, lay down, construct and operate a single or double line of rails, of such form or rail, gauge and manner of construction as they may deem judicious, upon or along the levee or embankment or any part thereof; and may use the same for the transportation of passengers, goods and merchandise, by steam or other power-subject only to such reason . able and just rules and regulations, as to the use of their tracts, as may be made and imposed by the proper authorities of Cairo City for the time being, but no rules or reg- ulations shall be imposed, or if imposed need be respected, which, in effect, would essentially effectually impair or entirely de- stroy its right of constructing and operating the tracks on the levee or embankment.
" 7. It is agreed, that cross-levees or em- bankments shall be made and maintained by and at the cost of the parties of the second part, of adequate height and width for the purposes proposed for them, which shall cross from the levee or embankment on the
101
HISTORY OF CAIRO.
Mississippi to that on the Ohio, one of them on and upon the strip of land marked on the map A, and the other on the strip of land at the northern boundary of the city, marked B; but no public streets or highways are to be laid out upon these levees or embank- ments, except to cross the same nearly or exactly at right angles; and the tracks and rails laid thereon are not to be subject to any rules or regulations other than those which are imposed upon the parties of the second part by their act of incorporation and the laws of the land.
" S. It is agreed, that the parties of the second part shall proceed with due diligence in the construction of the cross-levee or em- bankment on the lower strip marked A, and of the levee or embankment below the same, and entirely around the point of the city, at the confluence of the rivers. as shown on the map; but that they may postpone to such time as they may deem reasonable and proper, the construction of the eross-levee or embankment on the upper strip of land, marked B. and the levees or embankments to connect with those previously constructed on the lower portion of the city.
"9. It is agreed, that the parties of the second part may locate their railroad įfrom the northern line of Cairo City, upon the line of the width of roadway [shown on the annexed map. being 100 feet, to a point to be established and fixed by the engineers of the two parties, in the northern line of the cross strip of land, marked A on the annexed map, and below and south of that point on and over all the land colored blue on said map, to be surveyed and described by metes and bounds; and also on and over all the lands colored blue on the annexed map. above the northerly line of the strip marked A, on each river to the northerly line of the city; and also on and over the strip of land
marked B, including in the preceding de- scription the station lots, depot grounds and levee wharves shown on the said map.
" 10. It is agreed, that when the above location shall have been made according to law, that the deeds of release and eession shall be made, executed and delivered by the parties of the first part, to the parties of the second part, in the consideration of the agree- ment on their part for the construction and maintenance of the levees, embankments and slopes above described, of all the lands and premises to which reference has heretofore been made, and which are to be particularly surveyed and accurately located and de- seribed, to hold the same absolutely in fee simple, for the uses and purposes of the said railroad and its business, and for the trans- portation of passengers, goods and merchan- dise and the station accommodations, storage. receipt, delivery and safe keeping of the same, and for the machine and repair shops. engine and car houses, turn-tables, water tanks, and generally for all the wants and requirements of the railroad service, so long as the said parties of the second part shall continue to use, ocenpy and operate the same for the purposes above intended.
" 11. It is agreed, that the parties of the second part may lay down, maintain and operate their lines of tracks and rails, upon the above-described lands, in such manner and form as they may deem proper; and may use thereon steam, or other power of any kind, subject only to the general liabilities of land-owners as to the use of their property. but exempt from any special rules or obliga- tions imposed or attempted to be imposed by the parties of the first part. or any and every grantees or grantee of the Cairo City Proper- ty.
" 12. It is agreed, that the tracks or lines of rails of the parties of the second part,
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HISTORY OF CAIRO.
to be laid down on the strip of land, of 100 feet in width, running entirely around the city, shall be laid, as nearly as may be, at and under each street crossing, upon the natural level or grade of the land, in order to gain as much elevation as possible under the bridges to be erected by the parties of the first part, and each at every street cross- ing, but the grade may vary from the natural surface at all other points, as the parties of the second part may see fit.
"13. It is agreed, that the cross streets are to be located by the parties of the first part, across and over the strip of land men- tioned in the preceding article, with a space of at least 400 feet between them; and are to be graduated so as to cross the strip of land on bridges, with at least sixteen feet above the rails of the parties of the second part, for the passage of engines, and that no crossing shall be laid out to cross the tracks in any other way than with sufficient space below it for the passage of engines, and that no crossing through or upon any of the sta- tion or depot lands.
" 14. It is agreed, that the parties of the first part · are to build and maintain all the bridges or street crossings, at their ex- pense and cost, and that the parties of the second part are to drain and protect the strip of land above-mentioned, by sewers, drains, culverts and fences, at their expense and costs.
" 15. It is agreed, that the parties of the second part shall release and convey to the parties of the first part, all their right, title and interest of, in and to a certain depot lot in the city of Cairo, containing ten acres of land, conveyed to them by the State of Illinois by deed dated the 24th day of March, 1851, and also of, in and to all the roadway of the railroad heretofore located in the city of Cairo and also conveyed to
them by the above-mentioned indenture, so far as the same may not be included within the boundaries of the lands and premises, which are intended to be conveyed to the parties of the second part, under this agree- ment.
" 16. Finally, it is agreed, that in case of the necessity of any further covenants or arrangements, to carry out the purposes of this agreement, or explanatory of the same, but not essentially to impair or mod- ify the same, that both parties will proceed to adjust and execute the same, in the full spirit of mutual confidence in which this agreement has been negotiated and settled, and that in the event of any misunderstand- ing or disagreement of any kind, or in any way connected with this agreement, its pur- poses and objects, that the points of disagree- ment and dispute shall be reduced to writ- ing, and in that form submitted to the arbit- rament and decision of three referees, to be chosen in the usual manner."
This agreement was duly signed by Robert Schuyler, President of the Illinois Central Railroad Company, and by T. S. Taylor and Charles Davis, Trustees of the Cairo City Property.
In addition to the foregoing vast consider- ation of lands and privileges granted to the Illinois Central Railroad Company, 5,000 shares of the Cairo City stock were conveyed to the order of the Directors of that com- pany, by the Trustees of the Cairo City Prop- erty, as appears by the following extract from a circular published by them in Novem- ber, 1854, for the information of the share- holders, and of all others interested, or wish- ing to become interested therein:
"In the year 1851, the Trustees made the most advantageous arrangements for the property, by which they secured the con- struction of the Illinois Central Railroad,
103
HISTORY OF CAIRO.
from Cairo, as its southern terminus, to Chicago and Galena; and by which they also secured the completion of the levees of the most permanent character, and inclosing the whole site of Cairo, by the said Illinois Central Railroad Company, and at its ex- pense. These arrangements were perfected by the Trustees, by an authorized expend- iture or issue of 5,000 new shares in the 'Cairo City Property,' and by donations of the land at Cairo needed for railroad and other purposes."
On May 31, 1855, the following additional memorandum of an agreement was made and entered into between Thomas S. Taylor, of the city of Philadelphia, and Charles Davis, of the city of New York, Trustees of the Cairo City Property, of the first part, and the Illi- nois Central Railroad Company of the second part:
" WHEREAS, the said parties did, on the 11th day of June, 1851, make and enter into a certain agreement with each other, relative to the 'deeding and conveying certain prop- erty at Cairo, by the said first to the said second party, and in consideration thereof for the construction of certain levees and works, for the protection of the said city of Cairo from the waters of the Ohio and Mis- sissippi Rivers, by the said party of the second part; and
" WHEREAS, the said deed and conveyances have been executed, delivered and accepted, and a part of the levee to be constructed, on the Ohio River, had been begun and partly completed, and in other respects said con- tract remains to be executed; and
" WHEREAS, for the purpose of obviating misunderstanding, as well as because re- monstrances seem to render it expedient, it has been deemed best to modify the said con- tract in one or two particulars, as well as to
render more clear its meaning in others; now, therefore,
"This Indenture witnesseth, That, for the consideration named in said agreement, and in consideration of the premises, and of $1 by each of the parties hereto paid to the others, the receipt whereof is mutually con- fessed, it is agreed by the said parties as fol- lows, to wit:
"First. The said second party agrees that the levee on the Ohio River, now under con- struction, shall be completed to low water mark, which has been designated and fixed by the engineers of both parties, at a point forty-two feet below the grade line of the levees, as soon as the condition of the river will permit, and the paving in front of the lots of land conveyed by the first parties to the said second parties, under the agreement of the 11th of June, required to be done by the parties of the second part before men- tioned, shall be prosecuted and completed by the second parties with all convenient dis- patch; and the first parties shall, in like manner, prosecute and complete the pave- ment in front of the remainder of the said levee, when completed as above.
" Second. The said first party agrees, that the completion of the remaining parts of the levee agreed upon and described in the said agreement of June 11, and the construction of which was therein undertaken by the said second parties, as is herein agreed, but in no way modifying the said original agreement in this respect, except as to the time of con- structing and completing said levees, and that upon the condition of the construction of protective embankments, as hereinafter agreed.
" Third. The said party of the second part agree to maintain in good repair the protec- tive embankment, now existing, from the
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HISTORY OF CAIRO.
point of the confluence of the Rivers Ohio and Mississippi to the old cross embankment, to the height of the newly-constructed levee on the Ohio River, except so far as the engineers of both parties shall deem it advisable to deviate from the present course of the same; and in case it shall be deemed advisable to deviate from it at any point, the new em- bankment required to be constructed by the said direction shall be constructed and main- tained by the said party of the second part, to the same height and in the same manner as they are required to maintain the present embankment.
" The said second party shall and will also construct and maintain a new protective em- bankment upon the Mississippi River, from a point at the westerly end of the old cross embankment, to be fixed by the engineers of both parties, upon a location to be determined by said engineers, to connect with the track of the Illinois Central Railroad, at or near the strip of land marked 'A' upon the map or plan fixed to said agreement of the 11th of June, A. D. 1851; and the mark to be re- quired for the construction and repair of the embankments herein mentioned, shall be com- pleted before the 1st day of December next.
" Fourth. The embankments above pro- vided, but which are only provisional and temporary, substituted for the levees agreed to be constructed by the said second parties, shall be maintained and kept in repair by the said party of the second part, until the levees by them agreed to be constructed shall be built in the manner and form as prefaced in the said agreement of 11th June, 1851.
And the said second parties agree to construct and complete the said levees as fast as the business of the Illinois Central Railroad re- quires the extension of the track over and upon any portion of the bank of the Missis- sippi River, which is to be protected by such
embankment, whether upon the levee or on the inner track, and shall in like [manner construct a similar levee or levees, upon the banks of the Ohio, between the land by the strip marked 'A' upon the said map or plan, and the levee already constructed upon the bank of said river, as the business of the city of Cairo shall require it, and the parties of the first part, or their successors, shall re- quire it to be done.
* * *
"Eighth. The parties of the second part shall examine the Mississippi bank, on the tract of land conveyed to them for a station, and take all necessary steps to protect the same from further abrasion until the con- struction of the permanent levees, according to the said agreement of the 11th June, 1851, at their own expense.
" They shall, in like manner, examine and protect the point of the Mississippi River, where the abrasion has affected the old em- bankment, and do what is necessary to pro- tect it for the same period, at their own ex- pense.
" They shall also survey the Mississippi River banks opposite the point nearest the Cache River, and shall do at their ex- pense, what is in the report of the surveyors necessary to protect the same from further abrasion or inroads; provided such work shall not exceed in expense the sum of $20,000; and provided also, all the work herein pro- vided for, as well as the said provisional temporary embankment, shall be constructed under the joint superintendence of the en- gineers of the two parties, and be proceeded with as early as practicable."
This agreement concludes by specifying that the original agreement is to remain in full force, except where modified by this.
It is then duly signed and acknowledged by W. H. Osborn, President of the Illinois
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HISTORY OF CAIRO.
Central Railroad, and by the Cairo City Property.
There were many causes occurring, be- tween the dates of this first and second agreement, that led, finally, to the adoption of the additional and explanatory second agreement between the two interested par- ties, the leading ones of which are yet the un- written though important part of the city's history.
In accordance with the terms of the first agreement of 1851, the Illinois Central Rail- road, in a short time after the adoption of the articles, proceeded about the work of making new levees, and to construct these ac- cording to the terms of the contract.
In order to the better understanding of the work done by the road, it is proper to ex- plain that the levees, as completed under the supervision of Miles A. Gilbert, were constructed near the banks of the two rivers, - and circling and coming together at the south upon the line now occupied by the levee. The north cross-levee was upon a ridge of ground commencing near the present Illinois Central Railroad stone depot (about Tenth street), and running directly west to the Mis- sissippi River, inclosing about six hundred acres. By the contract with the Central road, the north cross-levee was to be ex- tended, or carried north, so that the levees would inclose about thirteen hundred acres of ground, or to the position substantially as now constructed.
The new levees along the rivers were lo- cated inside the old levees, and, where prac- ticable, their dirt was used on the new ones.
The President and Directors of the Illinois Central Railroad Company were, unques- tionably, in good faith anxious to fulfill their contract; construct strong and really protect- ive levees; stop the abrasion of the natural bank on the Mississippi side, and further the
interest of their road and the city, and help build a great city here. But their work upon the levees soon began to drag; to meet uu- accountable obstructions; to work at loose purposes, and often to assume the appear- ances of undoing good work that had been before done, and tearing down instead of building up. This inexplicable course of circumstances would often menace the very existence of the city; greatly astound and exasperate the Cairo City Property, as well as the President and Directors of the Central road.
The secret of these studied wrongs that so greatly injured the city, and from the evil effects of some of them it has hardly re- covered yet, was this: The Chief Engineer of the Central Railroad -- a man named Ash- ley-and it is alleged other officers, and among them R. B. Mason, the Superintend- ent, had conceived a daring scheme of specu- lation, whereby they purchased a great deal of real estate in and around Mound City, and in order to make this valuable they un- dertook to destroy Cairo, and thereby make Mound City the actual terminal point of the road. And Engineer Ashley evidently an- ticipated that his official position in con- trolling the work in Cairo would enable him to carry out this purpose.
That such was their cunning scheme, which Ashley boldly attempted, is strongly evi- denced by this incident, as well as many others that occurred in the year 1854, as follows:
A contractor upon the levee work, named Dutcher, brought on a force of six hundred or more laborers to work on the road and levees, and commenced to cut down the old levees, and, as he stated, for the purpose of erecting the new ones. But the new ones were left with great gaps, and often there were long stretches where there were no ap-
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