History of Crawford and Clark counties, Illinois, Part 32

Author: Perrin, William Henry, d. 1892?
Publication date: 1883
Publisher: Chicago : O.L. Baskin & Co.
Number of Pages: 826

USA > Illinois > Clark County > History of Crawford and Clark counties, Illinois > Part 32
USA > Illinois > Crawford County > History of Crawford and Clark counties, Illinois > Part 32

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

The first cause ever tried in Clark County was on Monday, April 17, 1820, in which Thomas Wilson was plaintiff, and William B. Areher, executor of Lewis Bohn, deceased, was defendant. It was an appeal case from the judgment of Charles Patrick, justice of the peace. At this term there were five cases doeketed, three of which were con- tinucd. Whether our pioneer ancestors were any more given to mendacious tattling than their posterity ean only be conjectured. But it seems that alleged slander was a fruitful source of litigation in early times. But the juries of the day either considered eharacter and reputation of little worth, or else the of- fensive statements were true, as the defend- ant in these suits was seldom found guilty, and when convieted, the damage awarded was insignificant. The following cited ease will serve as an example for all the rest: Sarah Concway v. George W. Catron. Suit for slander. Damages claimed, $5,000. Fifteen witnesses sworn. Jury retire, who, after mature deliberation come into court and say, we, the jury, find the defendant guilty, and assess the plaintiff's damages to

six and a fourth cents. Joseph Shaw, fore- man. Quite a considerable discount from the original elaim.

The first court in Darwin was held on Thurs- day, May 8, 1823. It was held in the tavern of John MeClure, as were the two succeeding terms. The fourth was held at the house of Jacob Harlan, and afterward in the court house. The arguments of counselors in those days were not embellished with quota- tions from numberless text books, nor forti- fied with culled decisions from a half century of Supreme Court reports, for they had no library of hundreds of volumes to repair to at their pleasure. But in salient points of plain, fundamental law as uttered between the lids of Kent and Blackstone, their argu- ments were fully up to the standard of to-day.

The appended lists embrace the names of all the judges who have held courts in Clark, with their respective terms of service, and also the names of all the prosecuting attorneys:

Thomas C. Brown, Sept., 1819, to April, 1820; William Wilson, Chief Justice, April, 1820, to May, 1825; James O. Wattles, May, 1825, to Nov., 1825; James IIall, Nov., 1825, to May, 1826; James O. Wattles, May, 1826, to April, 1827; William Wilson, April, 1822, to April, 1835; Justin Harlan, April, 1835, to Oet., 1835; Alex. F. Grant, Oct., 1835, to May, 1836; Justin IIarlan, May, 1836, to May, 1841; William Wilson, May, 1841, to May, 1849; Justin Harlan, 1849 to 1861; Charles H. Constable, 1861 to 1866; Hiram B. Decius, 1866 to 1872; Oliver L. Davis, 18:2 to 1879; William E. Nelson, Colonel B. Smith, Oliver L. Davis, Jacob W. Wilken.

PROSECUTING ATTORNEYS .- Jolin M. Rob- inson, Edwin B. Webb, Orlando B. Fieklin, Augustus C. French, Gardner B. Shellady, Aaron Shaw, Alfred Kitehell, John Seholfield, James R. Cunningham, Silas S. Whitehead, John L. Ryan, Thomas L. Orndorff.

The late Judge Harlan, with his prodigious

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memory, possessed an inexhaustible store of anecdotes, of old time courts, gleaned from his long years of individual experience as judge, and many were the amusing stories he related to the writer of early days, and two we will here repeat: In one of the southern counties of the circuit, a long, lank and cadaverous specimen, and as verdant as the backwoods he hailed from, was elected sheriff. He was clever and good hearted, and had a stentorian voice. At the first court after his election he walked into the room, carrying a heavy rifle, and dressed in a cos- tume at once unique and picturesque. He wore the inevitable wamus, and his nether extremities were encased in a new pair of bright, pea green unmentionables, except a ten inch abbreviation of each leg was pieced out with cloth of blue. His first words were: "Well, Jedge, I'm the sheriff, what'll you have?" "Convene court, Mr. Sheriff." "Do what, Jedge?" replied the sheriff, the word "convene" having floored him. "Open court, Mr. Sheriff." This was done in a tone that shook the rafters. Not a juryman was pres- ent, and the judge inquired, "Where is the panel, sheriff?" "Where is the what, Jedge?" "Why, the panel, the jury." "Oh! they're round somewhar, and I'll hunt 'em up." In a few minutes he returned, and said: "There's going to be a fight over at Brayley's, and they won't come 'till arter its over." "Mr. sheriff," said the judge sternly, "I command you to bring the jury here forthwith." "All right, Jedge, I'll fetch em." And seizing his rifle he marched over to Brayley's, and in a tone full of meaning, said: "Boys, the old man over thar is madder'n a hornet, and wants you omediately. I'll give you jest one minit to git, and the chap that aint trottin' then, I'll drop," bringing his gun to his shoulder. It goes without saying, that the jury was speed- ily impaneled.

No irreverence is intended by the following,

but is merely to show the ignorance and stu- pidity of an officer, and a practical joke of early days: Among the hangers-on at the court, was a fellow named Murray, occasion- ally a jury man or bailiff. He was a great favorite with the judge, who liked him for his many genial qualities and sunny nature, but he was an incorrigible wag. Taking the sheriff aside after the first adjournment, he told him privately as a friend, that he had been talking to the judge, who was well pleased with his promptness and efficiency, all except his manner of adjournment. But that he, the judge, felt some delicacy in tell- ing him, for fear of wounding his feelings. That the adjournment ought to be made in his loudest tones, so the outside world could hear, and that under the new code, the ad- journment should be closed with "so help me Jesus Christ and General Jackson, Amen," as this was a Democratic county. He urged him to say nothing, and at the next adjourn- ment, both surprise and please the judge. The sheriff, aware of Murray's intimacy with the judge, believed him implicitly. That evening, at the proper hour, the judge ob- served, "Mr. Sheriff, adjourn court." At a nod from Murray the officer braced himself and with a roar that awoke the echoes for a mile or more, he yelled: "Oh! yes; Oh! yes; the honorable Circuit Court is now adjourned until to-morrow morning at nine o'clock, so help me Jesus Christ and General Jackson, amen!"

The court was adjourned, and the sheriff near losing his position for contempt, until Murray explained, and received a severe rep- rimand.

Clark County with a distinct organization extending through sixty-four years, from the morning till the twilight of the nineteenth century has had but very few officers in some departments. Owing to the absence of some of the old records, it is difficult to collate an

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HISTORY OF CLARK COUNTY.

accurate list of all those who have been hon- ored by the citizens of the county with posi- tions of profit and trust. Especially is this the case with regard to the treasurers and coroners. It is a fact to be remarked, how- ever, that in all the offices since the formation of the county but one vacancy has been oc- casioned by death, and but three from resig- nation. Owing to the then large area of the county, and the sparse population, the duties of some of the pioneer county officers were extremely arduous. In the listing of taxable property by the treasurer, and the collection of the revenue by the sheriff, the isolation of the settlements necessitated long and te- dious journeys, through a wilderness without roads, leagues often intervening between habitations. Judge Stockwell relates that he once collected the taxes throughout the county, and walked through deep snow over the site of the present town of Charleston, Coles county, at the time the surveyors were laying it out, and at the end of a week, he found upon comparing, that he had traveled a mile for each cent of revenue he had re- ceived. At the December term, 1819, of the commissioners' court, the following appears of record: "It appearing to the court, that William Lockard, treasurer, has been put to much trouble in taking a list of taxable pro- perty this present year, that the sum allowed by law is not sufficient to compensate liim, therefore court do allow him extra of his al- lowance by law, which amounts to only nine dollars and ten cents for this present year, the sum of fifteen dollars." No doubt this was considered ample remuneration for listing the property of a county at that time com- prising one eighth of the entire State. To-day the sum would scarcely complete the assess- ment of a school district. In the summoning of jurors, witnessess, etc., the serving of a single process often involved a journey of a hundred miles. Yet the salary of the sheriff

was but fifty dollars per annum. County treasurers were appointed by the commis- sioners, and the office was not one usually from which the incumbent retired rolling in wealth. In addition to his allowance for assessment services, he received two per centum com- mission on collected revenues, which, in exceptional years, amounted to as much as four dollars, which swelled the aggregate of his annual salary to as much as thirty dollars. Charles Patrick, a pioneer treasurer, in an ex- hibit of the fiscal concerns of the county, re- ported that the levy of the previous year was two hundred and fifty dollars, and that all outstanding orders, except two for a dollar each, had been redeemed, and these remained in the treasury, not otherwise appropriated, the sum of sixteen and one fourth cents. He also suggested and recommended a reduction in the tax levy of the then current year. No doubt he had the interest of the tax payers at heart, and perhaps was desirous to avoid the weighty responsibility of having as muelt as three hundred dollars in the county coffers at one time. The clerk of the circuit and commissioners' courts, for one person filled the dual position, was paid about in the same pro- portion.

The salary of Jacob Harlan for the year 1824 was but $74.25, which amount included the sum of $6.87} expended for years' sup- ply of stationery. For every dollar then paid, we now pay hundreds for the same articles. But these were the days of real frugality and economy. All legal instruments and docu- ments, summons, deeds, assessment lists, county orders, election notices, and in fact every instrument, was written out at length, as printed blanks were very rare and exc ed- ingly costly. In 1824 the clerk was ordered to procure one quire of printed blank deeds, and the same cost $9 in Vandalia, the nearest press in the State, besides seventy-five cents postage to Darwin. This was the last pur-

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HISTORY OF CLARK COUNTY.

chase of blanks for many years. And it should be borne in mind that the salaries of these officers were paid generally in State bank notes, then very much depreciated. Though the county was small in population and extensive in territory, yet when we com- pare the cost of conducting affairs then with that of to-day, one is astounded at the con- trast, and is a convincing argument that ad- vanced civilization and refinement are expen- sive luxuries. The population at the time re- ferred to was about one eleventh as large as it is to-day, and it would be natural to pre- sume that the business of the county, and the cost of conducting it, would increase in the same ratio as the inhabitants. But such is not the case in the matter of expenses, which have grown enormously and far beyond all rea- sonable proportion. It is safe to say that the present cost of maintaining any one of the important county offices for one year would have defrayed every county expense in that day, including all courts, jurors, elections, salaries of officers, stationery, etc., for five years.

The following county judges have worn the judicial ermine since the organization of the county. In early times they were appointed by the Legislature and were paid by fees:

Samuel Prevo, 1819 to 1823; Charles Neely, 1823 to 1825; Jacob Harlan, 1825 to 1835; Uri Manly, 1835 to 1843; Stephen Archer, 1843 to 1853; John Bartlett, 1853 to 1854, resigned; John Stockwell, 1854 to 1857; William C. Whitlock, 1857 to 1869; William R. Griffith, 1869 to 1873; Justin Har- lan, 18:3 to 1877; William R. Griffith,* 1877 to 1882; Eth Sutton, 1882.

The commission of Samnel Prevo, first Judge of Probate, is among the county files,

and is the oldest document of the kind in the county. It is dated February 12, 1821, signed by Shadrach Bond, Governor, and Elias K. Kane, Secretary of State, and the usual formula, " To whom all these presents shall come, greeting:" reads, " To all who shall sec these presents." The first instrument ever re- corded in the county, however, was the stock- mark of Charles Neely, bearing date May 26, 1819. The judge of the Circuit Court ap- pointed its clerk, and the county commissioners their clerk, though one person usually filled both positions. And it was not uncommon for the offices of probate judge, circuit and county clerk, and justice of the peace, to be held by one individual. Jacob Harlan officiated in three of these capacities for years.

CLERK OF CIRCUIT AND COUNTY COMMISSION- ERS' COURTS.

William B. Archer,* 1819 to 1822; Jacob Harlan, 1823 to 1836; Jonathan N. Rathbone, 1836 to 1837;Uri Manly, 1837 to 1842; Newton Harlan, 1842 to 1848; William B. Archer, 1848 to 1852; William P. Bennett, 1852 to 1860; Thomas W. Cole, 1860 to 1872; Daniel J. Davidson, 1872 to 1880; William B. Hodge, Jr., 1880-elected for four years.

In 1836, the circuit and county clerkships were separated, the latter being made elec- tive. Jonathan N. Rathbone was chosen to the office September 5, 1836, and served until March, 1837, when he resigned, and Joshua P. Cooper was appointed to fill the vacancy, and served until September of same year, when Darius Phillips was elected and held the office until 1851, when he resigned. Phillips was an able and competent officer; was an old resident, and was county treas- urer for one or more terms. By accident he became crippled in his right hand, and ac-

* It will be seen by the foregoing list that Judge Griffith, as well as all the other officers whose terms of office expired in 1881, held until the general elec- tion of 1882, as provided by legislative enactment.

* W. B. Archer resigned as clerk Commissioners Court, March, 1820, and as circuit clerk, May, 1822, and was succeeded in each position by Jacob Harlan.

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HISTORY OF CLARK COUNTY.

quired the art of writing with his left, and was an accomplished scribe. He was very popular for a time, and possessed the unlim- ited confidence of the entire people. But at last he was suspected of being connected with that extensive and thoroughly organized horde of murderers and thieves, which infested the Mississippi valley, and for a long time defied the law, and was under the leadership of the notorious Bob Birch, of Anderson township, this county, whose capture, escape, and final breaking up of the gang is so thrillingly recounted by Edward Bonny, a renegade member, as was generally believed. Phillips was accused with being in constant commu- nication with the gang in this county, and forewarning them with needful information concerning legal prosecutions, etc. So con- firmed became this suspicion that, in 1851, the regulators gave him an unmerciful whip- ping, his shirt being cut into ribbons. Im- mediately after the castigation, he climbed upon a stump, and in a brief but affecting speech to the regulators, resigned his office, and in a short time left the country. Howard Ilarlan, Sr., filled the vacancy, by appoint- ment, until the succeeding fall, when John Stockwell was chosen, and served until De- cember, 1853. Allen B. Briscoe was elected in November of same year, and was re-elected five consecutive terms, and was succeeded by the present incumbent, Harrison Black, De- cember 1, 1St:, who was re-elected in 1882, for the term of four years.

Clark, since her organization, has had twenty-four sheriffs, as follows:

Isaac Parker, 1819 to 1820; John Welsh, 1820 to 1823; Joseph Morrison, 1823 to 1824; James P. Jones, 1824 to 1831; John Stock- well, 1831 to 1838; James Lockard, 1838 to 1842; William P. Bennett, 1842 to 1848; Samuel MeClure, 1848 to 1850; Thomas Handy, 1850 to 1832; Samuel McChire, 1852 to 1834; Horace E. Ritchie, 1854 to 1856;

Morrison Spenny, 1856 to 1858; John B. Bris- coe, 1858 to 1860; Nicholas Hurst, 1860 to 1862; Andrew J. Smith, 1862 to 1864; Tim- othy H. Connely, 1864 to 1866; Joseph A. Howe, 1866 to 1868; Timothy H. Connely, 1868 to 18+0; Samuel Lacy, 1870 to 1812; Warren Bartlett, 1812 to 1876; William T. Flood, 1826 to 1818; William H. Beadle, 1848 to 1880; Henry Sherman, 1880 to 1882; Jacob N. Farr, 1892-elected for four years.

WAR HISTORY .- Though lacking the halo of warlike tradition and romance; though destitute of historic personages and deeds of arms, embalmed in story and in song; though wanting memorable battle-fields, made sacred by patriot blood; though not glorified with heroic achievements in the "times that tried men's souls;" though not a county during the struggle of 1812; yet the military history of Clark, though young and limited, is honor- able, and one of which she may well be proud; one that reflects luster on her name, and credit on her patriotism; a history, every page of which has proven her sons worthy descendants of courageous ancestry. The sires and grand- sires of our early settlers had fought with un- wavering hearts through the darkest hours of the Revolution; had crimsoned the snows with bleeding feet on long and perilous marches; starving and in rags, they had counted the lonely days through that terrible winter at Valley Forge; they had lived on parched corn, and burrowed with the "swamp fox " in Carolinian marshes, only sallying from their fastnesses to strike a blow for freedom; sustained and inspired through all their hard- ships, through all their sufferings, with an un- faltering and implicit faith in their ultimate independence. Strong in their might, invin- cible in their cause, the day of triumph at last dawned, and beneath the bending skies at Yorktown, they beheld the lion of England prostrate in the dust before the eagle of Amer- ica. And from these heroes our pioneers in-

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herited the same fierce love of liberty that brooked no trammels which partook of op- pression and injustice. They, too, knew what war was. They bad threaded dangerous de- files, with Harmer, bristling with unseen and relentless foes; had stood in the gloom of death under ill-fated St. Clair, when the groans of the scalped and dying mingled with the crack of the rifle and the yells of savage vietory. They had seen the blackened ruins and charred remains of kindred at Fort Minns; had fought with Harrison at Tippecanoe, and with ringing shouts hurled back the purple tide of Indian warfare, and avenged the siek- ening butcheries of other days. They stood at New Orleans, and before their deadly rifles the flower of Britain's chivalry melted like morning mist before the sunbeams.

The first attempt to establish a military force in Clark, on a peace footing, was in June, 1821, when the commissioners proceed- ed to lay off the county into company districts for the organization of the militia. Union and Dubois townships were each a company district, and Washington and Pike composed one. County musters were required to be held at county seat the first Saturday in April, annually. Yearly battallion and regi- mental drills were had in September. Fines were imposed upon members for non-attend- ance to these, ranging from fifty to seventy- five cents. Officers were fined for neglecting to wear any and every article of uniform. At all musters, shooting matches for beef and other property, including whisky, were legal- ized by State law. At these gatherings col- leeted the best marksmen, far and near, and many were the close and exciting trials of skill. Running, jumping, wrestling, pitching horse-shoes, and other athletic sports, were indulged in, while every crowbait in the coun- ty, that could head off a steer, was paraded as a race-horse. In fact these musters were carnivals of enjoyment on the frontier, during

which our early settlers abandoned themselves to feasting, carousing and general jollity.

In November, 1804. by a treaty made by Gen. Harrison with the chiefs of the Sac and Fox nations of Indians, all their lands, Rock river, and much more elsewhere, were ceded to the government. This treaty was after- ward ratified by portions of the tribes in 1815 and 1816. But there was one old turbulent Sac chief who always denied the validity of these treaties, and by his wild and stirring eloquence at times, though usually gloomy and taciturn, incited the Indians to hostilities. He was distinguished for his courage, and for his clemency to prisoners. He was firmly attached to the British; had been an aid to the famous Tecumseh and cordially hated the Americans. This chief was Mucata Muhic- atah or Black Hawk. Under pretense that the treaties before referred to were void, Black Hawk, in the spring of 1831, with three hundred warriors, invaded the State, drove off the white settlers, destroyed their crops, killed their stock, and other violent depredations, besides committing several murders. By the promptness of the military he was quickly checked, and compelled to sue for peace, and ratified the original treaty of 1804. Not- withstanding this treaty, Black Hawk, with about six hundred warriors, again entered the State in the spring of 1832, and committed inany acts of vandalism. Great aların pre- vailed, and Governor Reynold's issued his call for two thousand troops which was promptly answered. This was the first de- mand upon the patriotism of our county. Drafting was at first resorted to fill Clark's quota, but as this entailed considerable hard- ship and injustice, volunteers were called for. Two companies of about eighty men each were quickly raised and mustered at Darwin, and reported to and were accepted by the governor. The officers of the first company were William B. Archer, captain, Danie

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Poorman, first lieutenant, and Royal A. Knott second lieutenant. Upon arriving at the rendezvous, Captain Archer was assigned to the staff of the commanding general with the rank of colonel, and Royal A. Knott was elect- ed captain. The officers of the second com- pany were John F. Richardson, captain; Woodford Dulaney, first lieutenant, and Jus- tin Harlan, second lieutenant. Both these companies served with distinction until the war was ended.

The next call upon Clark for the military services of her sons, was in the war with Mexico. One company of about seventy-five men was raised and mustered at Marshall, and officered as follows: William B. Archer, captain; Nicholas Hurst, first lieutenant, and Charles Whitlock, second lieutenant. The company left Marshall June 6, 1846, and was transported to Alton in wagons; arrived there and reported to the governor, and was by him received as company number twenty- seven, on the 9th following. The company was discharged June 27, 1846, the State's quota having been filled by previously accept- ed troops. By an act of the Legislature, of February 26, 1847, the sum of six hundred dollars was appropriated by the State to de- fray the expenses and pay for the services of the company; and Justin Harlan, Timothy R. Young and Uri Manley, were appointed a Board of Commissioners for the disburse- ment of the fund. Several members of the company, confident that it would not be re- ceived, and anxious to serve their country, enlisted in other organizations, and served through the entire war, participating in its fiercest battles, one being killed at Buena Vista. Among these were the Hon. James C. Robinson, David Dolsou, Austin Handy, Daniel and Luther Groves, and James Ben- nett.

The next occasion upon which Clark was called upon to manifest her patriotism and de-

votion to the country, was the war of the re- bellion 1861-5. It is unnecessary to refer to the causes which precipitated that stupen- dous struggle, that most gigantic civil war that marks the history of the world, for they are familiar to all.

On the 4th of March, 1861, on the marble in front of the national capitol, in the pres- ence of thronging thousands that surged like an ocean around their feet, stood two men, Abraham Lincoln and James Buchanan, one old and gray, and bowed by responsibilities and years, gladly laying down the burden of his power and august position over a great people, for the quietude of a peaceful home; the other, accepting the thorny glories of the White House, and outward bound into the wild turmoil of contending hosts and heroic deeds. The strife of opinions and clash of factions which had been waxing deeper and stronger between the North and South con- centrated after Lincoln's election, and the heart of the Nation was almost rent in twain before he took the inaugural oath. Already had a Southern government been organized; already had the Palmetto flag kissed the sky at Montgomery. And when these two men shook hands, it was a supreme moment por- tentous with mighty events-the commence- ment of an epoch grand and terrible in the history of our country. And when Abraham Lincoln solemnly swore to preserve intact the Constitution and Union of his fathers, peace veiled her face, and shuddering, fled before the darkening pall and lowering gloom of intestine war. No one realized the com- ing terror, or thought how easy it was for a war of passions to verge into a war of blood. The idea of a rebellion that would rend our fair country for long and cruel years, that would fill the whole length and breadth of the land with widows and orphans, was not recognized as a possibility. The people hoped against hope that the calamity of war would be

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History of Crawford and Clark counties, Illinois, Part 32

Author: Perrin, William Henry, d. 1892? Publication date: 1883 Publisher: Chicago : O.L. Baskin & Co. Number of Pages: 826

Author: Perrin, William Henry, d. 1892?
Publication date: 1883
Publisher: Chicago : O.L. Baskin & Co.
Number of Pages: 826