History of Bureau County, Illinois, Part 36

Author: Bradsby, Henry C., [from old catalog] ed
Publication date: 1885
Publisher: Chicago, World publishing company
Number of Pages: 776

USA > Illinois > Bureau County > History of Bureau County, Illinois > Part 36

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law. Senator L. D. Whiting. of this county, now so long a member of the State Senate that he is called the "father of the Senate," has furnished us an interesting account of the long struggle there has been on this sub- ject, the years of failure by the farmers and the final triumph that has only now come to those who have sought to adjust the law to this modern necessity. The constitutional convention of 1870, he informs us, upon bis motion, took up the subject and, while it did not pass a provision at all broad enough in his opinion, yet it was a provision intended to enable the Legislature to do something for the public relief. The enemies of drainage regarded the little provision in the constitu tion-a provision that Mr. Whiting told the gentlemen who drafted it, "was too small a provision for so great a subject "-and they therefore allowed it to be inserted in the new constitution. The Legislature soon under- took to pass laws giving force and effect to this provision, but all the prominent attor- neys of the State who were consulted said that under it nothing practical could be enacted by the Legislature that would afford relief, and at the same time stand the tests of the court. Mr. W. tells us he reported measures that were smothered in the judiciary committee, as they treated all measures unless they carefully looked over them and first "extracted all their teeth." The Legislature passed acts, but, as he informs us, he finally got a declaratory law, or provision under the drainage act, partially smuggled through the two houses, by sandwiching it all in a meas- ure purporting to be about something else, and it thus became a law. But here again the attorneys and the courts were of one voice, and there was apparently no hope of relief. A case arose in the county and a short account of it will be a general history of what was being done generally. One man

drained his land by tiling a low, marshy part thereof, and he run his drain for an outlet to the public road, and ended it in a culvert in the road. When the rains came his neighbor discovered that this tile materially increased the flow of water on to his land, and he commenced suit. A jury of farmers heard all the facts of the case, and decided there was no damage for which the upper farmer should pay. The case went to the appellate court and was reversed and sent back for a new trial. Again upon trial and appeal the same results came, and the appel- late court sent back instructions that the law must be enforced, that the act was a trespass. Here was nearly the same con- flict of opinion between the people on one side, and the attorneys of the country on the other side, as was the case in the contest with the railroads in regard to "vested rights," when the lawyers claimed the Legislature could not give relief. Many intelligent men realized that the whole theory must be changed; that even if the lawyers had the proper views of what the old law was on the subject, that the surroundings here in the great State of Illinois were superior, far above old precedents, and that it was not only good sense and sound policy, but an imperative necessity to re-enact the law on this point, and make it possible to put into practical effect this great and needed work in Illinois.

Just now we are informed that the Supe- rior Court of our State has reversed its former rulings, has been compelled to lay aside precedent and decide that the superior public interest, justice to the many, and common sense, are the law; that a man may drain his land, may carry the water the natural way for it to run, and deliver it at bis boundary- line, and the owner of the ad- joining land must take care of it and pass it

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along in the form and manner he may choose. This is a great victory of justice, of good sense, of necessity, over the learned in the technicalities of the law, and it is a plain proposition that it will give a tremen- dous impulse to tile draining in the State, and will add many millions to the value of Illinois farms. Could anything be plainer than the proposition, that if our farmer wants to drain his land, he may do it; that his hands should not be tied by a stubborn neighbor; that he may do this with the least damage to adjoining land, but that he may do it completely, and if his act compels the stubborn neighbor to improve his land by putting down tile, that all are benefited in the end? The law may well step in and compel the stubborn neighbor to benefit himself; bnt formerly, the very measure he could successfully resist was not only an injury to his more enterprising neighbor, but to himself also, so long as he sat sullenly upon his supposed rights under the old con- struction of the law.

Here, then, is another important revolu- tion in the old, musty and obsolete laws of the past, and in favor of the present; ad- justing the machinery of the law to the needs of the present. The old struggle of the people against the oppression of laws and customs that are old and whose days of usefulness passed away long ago, laws or customs that probably had their beginning in the greatest good to the people, but which have long outlived their usefulness. Not only their good, but by the general change of circumstances these measures that were once a public blessing have be- come a public and grievous oppression, a common experience in the history of civil- ization.

Again we note with a peculiar pride that this great movement had its inception

in Bureau County. It is a proud achieve- ment. Its effects will be only for good, and they will extend, like the other great move- ments born here, throughout the country, bearing perpetual fruits and blessings to the great human family.

CHAPTER XXII.

1837-COUNTY EXISTENCE COMMENCES-THE ELECTION-BUREAU TRIUMPHS-JOLLIFICATION-" SHUT THE DOOR "-FIRST HIOH- WAYS-PART OF INDIAN TRAIL STILL PRESERVED-FIRST OFFI- CIAL OFFICERS AND ACTS-LIST OF OFFICERS TO ADOPTION OF TOWNSHIP ORGANIZATION-COUNTY'S CIVIL HISTORY TO 1850- ETC., ETC.

E now return in our narrative to the year 1837, and take up the civil history of the county, which, as stated in a preceding chapter, commenced in that year. The act of the Legislature creating the county passed the Legislature and became a law February 28, 1837. By reference to the act it will be seen that it defined the limits of the county and appointed three Commissioners to locate the county seat, and appointed a day for the first county election. The only difference in the boundary lines as organized and now, is in the addition of the towns of Milo and Wheatland, which were added to the county on the formation of Marshall and Stark Counties. But the act provided that the majority of the people of Putnam County should vote a majority in favor of the new county before the act would take effect. In accordance with this act an election was held on the first Monday in March, which was a very exciting one, and many illegal votes were said to have been cast on both sides. On the west side of the river people voted almost en masse for the division, while on the east side they voted against it. A few votes were cast in

Be Votering

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HISTORY OF BUREAU COUNTY.

roused him up, to get him to go inside and go to bed. Terribly top-heavy, the sleeper sat up and finally said: "Boys, boys! I'm devilish cold-shut the door!"

At the time of the organization of the county there were two prominent roads of thorough fares within its territory. One of these was the celebrated Galena thoroughfare, or great stage road from Peoria to Galena, over which the daily four-horse coach passed each way, carrying the mails and the chief portion of travel to and from the lead mines. This passed north and south through the county, and at that time passed west of Princeton, through Boyd's Grove, Bulbonna Grove and other noted points in the western part of the county. The other was the Sac and Fox trail running east and west through the county ; and over this trail the Indians for many years made it their great highway to Canada to get their annual supplies, and also to Chicago. This was the guiding road for many of the early immigrants who came by way of Chicago. It was followed by Gen. Scott's army in 1832, from Chicago to the Mississippi River. The difference in a great Indian trail and a white man's road is in the width of the two, the Indians always travel- ing single file, and hence his route was marked by a narrow path. The writer was shown a short section of this great Indian trail, that yet remains undisturbed, except by the elements, as the Indians left it when they last passed over their noted highway. We were shown this interesting spot of ground by Mr. A. L. Steele, of Dover. It is in Dover cemetery, and to this fact is due its preservation, the original sod having never been disturbed either by the plow or by the tramping of stock, as the graveyard was en- closed some years ago. There is plainly vis- ible about thirty feet of the trail, and as it is on a slight decline of the hill, the running

water has at one time washed it out several inches in depth. Thus we trace the footprints of people who have long since passed away, and like the crawling of the worm or the walking of the bird upon the plastic mud, making their imprint that becomes hardened stone, and is covered by the deep soil, to re- main hidden for ages, and finally is brought to the surface and attracts the attention of the scientist and historian, who there reads the history and writes the story of the habits and lives of these apparently insignificant birds and insects and the long, immeasurable path that lies between their worthless lives and the present. Many years ago, yet within the memory of men still living, it was no un- common sight to see hundreds of Indians on this trail at one time. The last was in 1837, when the last of the Indians were being re- moved from Michigan to the west of the Mis- sissippi. Mrs. James G. Everett tells us she was, on the occasion of the passing through the county of the last large body of Indians, teaching school just west of Princeton. She was then new in the West, and knew but lit- tle of the Indian character. She was occu- pied with her school when the red men began suddenly to swarm about the building. She was terribly frightened, but some of the chil- dren had heard at home about the Indians going to pass that day, and explained to their teacher that they would not harm them, and in a little while the cavalcade passed along. But she thinks the work in the school room that day was largely a failure. N. Matson says that the first obstruction in the way of fencing up the land that occurred ou this Indian trail, between Rock Island and Chicago, was caused by a fence of Robert Murphy in the spring of 1837.

The first meeting of the County Commis- sioners' Court convened in Princeton, June 7, 1837; Robert C. Masters, William Hoskins

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and Arthur Bryant, Commissioners, and Cy- rus Bryant, Clerk. They were sworn into office by John H. Bryant, Esq. Cyrus Bry- ant gave bond as Clerk, with Thomas Epper- son and B. L. Smith as sureties. Nathaniel Chamberlain was the first County School Commissioner, and gave bond, with Thomas S. Elston, John M. Gay and R. T. Temple- ton, sureties. The first official act of the Commissioners was to appoint Degrass Salis- bury County Treasurer, who gave bond in the sum of $15,000, with Thomas S. Elston and John H. Bryant as sureties. The precinct of Greenfield was fixed as a voting precinct, in- cluding nearly all the northern half of the county, and Jonathan T. Holbrook, John Kendall and Joseph Fassett were made Judges of Election, and the house of Tracy Reeve was the voting place. Brush Creek Precinct was described, and Brown Searl, Job Searl and Harmon Kellums were made Judges, to vote at the house of William Hoskins. In June, 1839, a part of Dover Precinct was taken from Greenfield and a new district made; and Brush Creek Precinct was also changed and a part thereof taken to form Hall District in September, 1838. At this first meeting Windsor District was formed and Morris Spalding, Joseph Robinson and Amariah Robinson made Judges, to vote at the house of Augustus Langworthy. Also the Princeton District, and John Musgrove, Elijah Smith and Benjamin L. Smith were Judges, to vote at the house of Stephen Trip- lett. Also Coal Creek Precinct, and Samp- son Cole, Thornton Cummings and Moses Ste- phens were the Judges, and the voting place the house of Thornton Cummings. A reso- lution was passed requiring the Commission- ers appointed by the Legislature to locate the county seat, to meet in Princeton on the 20th day of June, 1837, and make such selec. tion. A tax of one-half per cent was ordered

to be laid on all personal property in the county, "except neat cattle under three years old;" and a tax of one-fourth per cent on all taxable lands in the county for roads and bridges. It was ordered that the Circuit Court be held in the "Congregational Meet- ing-house" in Princeton until a place could be provided. John H. Bryant was ordered to procure a suitable "table and pigeon box" for the Recorder's office; $15 was appropri- ated to purchase plank to cover the bridges across the sloughs on Main Bureau, near Elijah Smith's, and for this purpose Enos Matson was appointed agent; $50 was ap- propriated for the bridges near Robert C. Masters' and near Simpson Huffaker's, and James G. Foristols and Robert C. Masters was appointed to attend to the work. Arthur Bryant was authorized to expend $5 on the bridges in Town 16, Range 9 east, and Will- iam Hoskins was authorized to expend $15 on the public roads in Town 16, Range 11 east.

The Commissioners then selected the fol- lowing as the first grand jurors in the county: Jonathan S. Colton, Robert Scott, Moses Thichnor, John Hall, Stephen B. Fel- lows, David Nickerson, John McElwaine, Tracy Reeve, Aaron Mercer, John Ament, Marshall Mason, Peter Ellis, George Bennett, Cornelius Corss, Elijah Smith, Thornton Cummings, James G. Everett, Roland Mose- ly, James Howe, Morris Spalding, Robert Clark, Austin Bryant, Amariah Watson. When the grand jury met, Gilbert Kellums, Lyman Howe, J. H. Olds and Stephen Smith and Mr. Spalding were placed on the jury to fill vacancies.

The following were selected as the first petit jury: Butler Dunham, James Smith, Brown Searle, Arthur Thornton, James G. Swan, James Seaton, Curtis Williams, De- marcus Ellis, Obediah Britt, James G. Foris- tol, Henry Thomas, Simpson Huffaker, Elias

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Isaacs, Joseph Fassett, Aquilla Triplett, Will- iam H. Wells, Benjamin Newell, Sampson Cole, Enoch Pratt, Elijah Merritt, Joseph Beeler, Erastus Sherwin, Michael Kitterman, Caleb Cook.

It is a notable fact that the first order ever made upon the County Treasurer was for the purpose of bettering and making new roads and bridges in the county.

On June 22, 1837, a special term of the Commissioners' Court convened in Prince- ton. Benjamin Mitchell and Peter Butler took an oath to faithfully consider the inter- ests of the people and the situation of the settlements, "having an eye to the future population," in locating the county seat. And on the same day they made a written report, in which Princeton was named as the county seat, the report saying: "We have determined to select the public square in the town of Princeton, on the west side of said square, designated as Lot No. 33, as near the center as practicable; Provided, D. G. Salis- bury, Thomas S. Elston and John H. Bryant shall execute a bond, approved by the County Commissioners, for $7,500, and a bond to execute a deed for eight and one-half acres of land, payable to said Commissioners, for the purpose of erecting a court house and other public buildings." Twenty dollars was paid Peter Butler and $15 to Benjamin Mitchell for services in locating the county seat. Except allowing a few orders, this was the business of the special term.

At the August term, 1837, appeared Lyman Howe and prayed for a writ of ad quod dam. num," which was granted. At this term R. T. Templeton was appointed County Treas- urer. He gave bonds of $15,000, with Cyrus Langworthy, W. O. Chamberlain, John M. Gay and Thomas Epperson as sureties.

An election was held on the 7th day of August, 1837, resulting as follows: Degrass

Salisbury, Probate Justice; Robert T. Tem- plegate, Treasurer; Thomas Mercer, County Clerk. The following were elected Justices of the Peace: Justin H. Olds, William Frankeberger, Daniel Bryant, Nathaniel Applegate, Silas Trimble, Augustus Lyford, Caleb Moore and Tracy Reeve; the following Constables: John G. Reed, Benjamin Cole, Joseph Frank, William C. Sycler, Carlton W. Combs, John Howe, Moses M. Thompson and James Cheney.

Jonathan T. Holbrook, with David Hol- brook as surety, gave bond to keep hotel.

John Clark, Jesse Perkins and Robert Stuart were appointed to locate a road from the bridge on Bureau, near Peters' saw-mill, to run to David Nickerson's house, "where Wherry now lives;" thence to the bluff on the Illinois River near David Searls'; from there to Henry F. Miller's, near the Spring Mill farm; then to the bluff near Ezekiel Piper's house; then to the east side of Will- iam Hoskins'; then to an intersection with the road leading to Ottawa and Coles' Ferry, between the forks of said road and William Hoskins'. The Commissioners considered the return of Howe's ad quod damnum writ, and refused to grant him permission to build on the land designated. An order was made to Cyrus Bryant of $20 to purchase suitable records for the Circuit Clerk.

A bond dated the 2d of June, 1837, for $7,500, and signed by Thomas S. Elston, Degrass Salisbury, John H. Bryant, Elijah Wiswall, John M. Gay, Noah Wiswall, Cy- rus Langworthy and S. B. Fellows for the purpose of securing the public buildings of the county. It was approved by the court.

At the December term, 1837, Jonathan Colton, David Robinson and John H. Bryant were appointed to locate a road from eighty rods west of the center of Section 32, Town- ship 16, Range 9, to the house of Austin

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Bryant, and south of the house of Roland Mosley, to the southwest of Section 27; thence to the house of Christopher Corss; also a road from the starting-point of the above east to a point not to exceed thirty rods west of the east line of Section 32.

And Jonathan S. Colton, Robinson and Robert Clark were directed to locate a road " from the center of Section 16, Township 16, Range 9; thence south on the quarter section line two miles; thence to the saw- mill now occupied by James How." Robert Stuart, Roland Moseley and Alby Smith were ordered to locate a road from Princeton to Greenfield, "making James Garvin's, Sylvester Brigham's, Elias Isaac's, and the south end of Dimmick's Grove points on the road." Robert Stuart, Martin Zearing and Aaron Mercer were appointed to lay off a road from the Leeper Mill to the town line between Ranges 9 and 10.

At an election held in October, 1837, Benjamin L. Smith was elected County Clerk, and William Frankeberger and John Searle elected Justices of the Peace, and Moses Thompson, Carlton W. Combs, Jacob Young and James Wilson were elected Constables.

Aaron Mercer, Robert Stuart and Justin H. Olds were appointed to review a road from Princeton via the Searle settlement to the county line, between this and La Salle counties.

An order was made allowing Sheriff Lang- worthy $63 for expenses in prosecuting Mc- Broom and Stuart, charged with passing counterfeit money. These were two noted criminals in the early days of the county.

Justin H. Olds, Robert Stuart and James Garvin were appointed to view a road asked for by Thomas Epperson and others, com- mencing at Leonard Roth's Mill, thence easterly towards Peru, to the county line.

The county was divided into eighteen road districts, and Asa Barney, Caleb Haskel, Daniel Radcliffe, Amariah Watson, Jesse Perkins, William Mann, John Hall, John Clark, Chauncey D. Colton, Stephen B. Fellows, William Cowan, Lewis Chilson, Thomas J. Stephens, Ezekiel Thomas, Ly- man Stowel, Peter Ellis, Nathan Rackley and Zenas Church were appointed Super- visors. One hundred dollars was appro- priated in 1838 to build a bridge across Bureau, on the road from Princeton to French Grove, and Arthur Bryant was ap- pointed to superintend the building of the same. Benjamin L. Smith was appointed to go to St. Louis and procure 'seals for the Clerk's offices. At the March term, 1838, it was resolved to release the persons on the $7,500 bond, mentioned heretofore, that the parties signing the same be released on the following conditions: " To build a jail and jailor's house," and to deed to the county the half acre of land on which the Congre- gational Church meeting-house stands, to- gether with the house thereon, and to deed to the county one-fifth of a five-acre lot owned by William O. Chamberlain, also 34x42 feet on Lot 31, on the public square adjoining lot owned by Fellows & Downing. Pyrena B. Ellis went before Squire Joseph Brigham and made oath "that Thomas J. Cole was not the father of said child." This is probably the only instance that ever happened in the county of exactly this kind.

At the election August 6, 1838, the following officers were elected: Recorder, Robert Garton; Sheriff, Cyrus Langworthy; Coroner, David C. Searle; Commissioners, Robert Clark, William Hoskins and Tracy Reeve; Constables, Daniel Elliott, Allen S. Lathrop, Obed W. Bryant, Gilbert Clement, Alfred Anthony and C. R. Searle. Agreea-

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ble to a "drawing by lots," as the law di- rected, the Commissioners took office as follows: Three years, Robert Clark; two years, William Hoskins; one year, Tracy Reeves. The grand jurors chosen for the second term of the Circuit Court were: Moses Stephens, Sampson Cole, Caleb Cush. ing, Alexander Holbrook, Joseph Robinson, Daniel Radcliffe, Rufus Corey, Solomon Sapp, Nathaniel Chamberlain, Jr., Joel Doolittle, Joseph Honghton, Charles Phelps, William Wherry, Robert A. Leeper, Job Searle, Henry Miller, Peter Savage, John Elliott, Samuel Mohler, Joseph Frank, John M. Gay, James W. Green and John Kendall.

The following were the members of the petit jury: Augustus Langworthy, Joseph W. Kinney, John W. Headley, Ellis Mer- cer, Joseph E. Smith, George Coleman, Ja- cob Galer, William Mercer, Jr., Jonathan Ireland, Joseph S. Meyers, Elias Trimble, Lazarus Reeve, Arthur Bryant, Asher Doo- little, Adolphus Tucker, Elisha Wood, Eli Smith, Noah Wiswall, Stephen Wilson, Alby Smith, Erasmus Phelps, Sylvester Brigham, Andrew F. Smith and William O. Chamber. lain.

On the 26th of November, 1838, Stephen Smith was elected County Surveyor.

On September 30, 1837, Benjamin L. Smith filed his official bond as County Clerk.

Asa Barney, Erasmus Phelps and John Long were appointed Assessors.

June 5, 1839, Cyrus Langworthy filed his bond, which was approved, as Sheriff, with Robert C. Masters and John Clark as sureties.

At the September term, 1839, of the County Commissioners' Court, William Frankeberger was the Commissioner elect to succeed Tracy Reeve. Solomon F. Denning then filed his bond as County Clerk, and gave bonds with

Thomas Elston and John H. Bryant as se- curities.

At the August election, 1839, the following county officers were chosen: D. G. Salisbury, Probate Justice; Oliver Boyle, Recorder; R. T. Templeton, Treasurer; Stephen Smith, Surveyor ; S. F. Denning, Clerk ; William Frankeberger, Commissioner. The following Justices of the Peace: Moses M. Thompson, Elijah Smith, R. C. Masters, E. S. Phelps, Isaac Delano, Obediah Britt, Justin H. Olds, Noah Sapp, Tracey Reeve, Lawson Miller, John Searle, Nathaniel Applegate, Morris Spalding and Mathew Dorr. The Constables were: William H. Wells, David Holbrook, John Phillips, Jehu Long, Theodore W. Nichols, Demarcus B. Ellis, David A. Gleem, David Perkins, P. Cootey, George W. Miller, Allen S. Lathrop, C. W. Combs, James M. Dexter and Alfred Anthony.

At a special election to fill vacancies Octo- ber 5, 1839, Harvey Child was elected Jus- tice of the Peace, and Jonathan Holbrook, Barton Anderson and John Crowl were elect- ed Constables.

For the September term of the Circuit Court, 1840, the following grand jurors were chosen: Greenbury Hall, John Parnell, John W. Hall, Job Searle, Zacariah Bushong, David Nevis, George Anthony, Abijah K. Martin, James M. Dexter, Hosea Barney, James Carroll, Simon K. Lemon, Thomas Findley, Robert Thompson, James Smith, William Cowen, Madison Studyvin, Robert Garton, William Martin, Tracy Reeve, Hor- ace Gilbert, Arthur Bryant.

Petit jurors: Elias Funderburg, Thomas Hoskins, Elias Mott, Timothy Searle, Jr., Oliver Osmond, G. W. Mennier, Louis Col- ton, Stephen Wilson, Roland Moseley, Asa B. Pendleton, Cyrus Colton, Stephen B. Fel- lows, John H. Bryant, Austin Bryant, Daniel Galer, Butler Denham, Clark Nottingham,

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History of Bureau County, Illinois, Part 36

Author: Bradsby, Henry C., [from old catalog] ed Publication date: 1885 Publisher: Chicago, World publishing company Number of Pages: 776

Author: Bradsby, Henry C., [from old catalog] ed
Publication date: 1885
Publisher: Chicago, World publishing company
Number of Pages: 776