History of Crawford and Clark counties, Illinois, Part 35

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 35
USA > Illinois > Crawford County > History of Crawford and Clark counties, Illinois > Part 35

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gave up the position by request, and J. F. Alexander was chosen president of the com- pany in his place.

By the charter the company was authorized to issue first mortgage bonds, not to exceed $12,000 per mile. The capital stock was made $3,000,000, which could be increased at an annual meeting by a majority of stock- holders in interest, as they should direct. The road was completed to Highland, July 1, 1868. The first regular passenger train did not run to that point until August 20th following. By consent of the railroad company, Gen. Wins- low, as contractor, was paid $120,000 for labor expended on the line, to the 10th day of Feb., 1868, and at his request was released from his contract. The same was ratified and accepted by the company at their meeting, March 13, 1868. The company entered into a contract, February 10, 1868, with Thomas L. Jewett and B. F. Smith, of Ohio; Geo. B. Roberts, of Philadelphia, and W. R. MeKeen, of Terre Haute, in the firm name of MeKeen, Smith & Co., to complete the road at an early day. At the same time and place, an agreement was entered into, leasing the St. Louis, Vandalia & Terre Haute Railroad to the Terre Haute & Indianapolis Railroad Company. In the re- port of the president of the Vandalia Compa- ny, made to the stockholders at the annual meeting, held at Greenville, January 6, 1872, he says :

" When on the 10th day of February, 1868, the contract was made insuring the comple- tion of your road, another contract was also made, providing for its forming a part of a continuous railroad line from St. Louis (via Indianapolis) to Pittsburgh; and for perfect- ing this object your line was leased for a pe- riod of 999 years to the Terre Haute & In- dianapolis Railroad Company, for the joint interests of the company and the several rail- road companies forming the said line. Under this lease the lessees were to work your road

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at their cost and expense, and to pay to your company 35 per cent of the gross earnings, first paying therefrom all interest due on the bonds of the company, and all taxes assessed against the property of the company, advanc- ing any deficit in the amount needed to meet these liabilities, and paying the surplus (if any remained) of the 35 per cent to your company. Your board, in view of the light traffic usually done upon a new line, reduced the proportion due your company of the gross earnings to 30 per cent, provided that after payment by the lessees of the road, out of the "0 per cent re- ceived for that purpose, if any surplus re- mained, it should go to your company."

From small earnings from the time the road was opened, first to Highland and Green- ville, in 1868, and finally through to Terre Haute, July 1, 1820, it has developed a mar- velous increase of business, not only to the road, but to the farming and all other indus- tries along the line. The whole cost of the road, and equipment of the same to July 1, 18:0, when the contractors turned the road over to the lessees, was $7,171,355.89, which was increased steadily as the line was more fully developed by "rolling stock " and "betterments," etc., on the road, until the last report of the treasurer, W. H. Barnes, made the total costs of the road and equip- ment to October 1, 1880, $8,330,410.75. The amount of business done over the line for the year 1881, aggregates $1,565,515.04, and the rental due to the company from the lessee for the year ending October 31, 1881, was $469,354.50, and for the same time $424,- 827.04 was earned in carrying passengers; $43,490.57 for express, and $90,835.98 for mail services.

The first regular passenger train over the whole line, on schedule time, was on the 12th day of June, 1870, and as mentioned before, the contractors turned over the road, as per

contract, to the Terre Haute & Indianapolis Railroad Company, July 1, 1860.

The St. Louis, Vandalia & Terre Haute Railroad is 158 miles from East St. Louis to the eastern line of the State, and seven miles from State line to the Wabash river at Terre Haute, and about 25 miles in Clark County.

The Wabash Valley Railroad was the next project in which Clark County became inter- ested. This project came up while the " Brough" road was on hand, and before work wholly ceased upon it. The Wabash Valley road ran north and south, the survey conforming substantially to the present Wa- bash, St. Louis & Pacific. It was one of the railroad projects growing out of the old inter- nal improvement fever. On the 5th of May, 1855, by a vote of the people, $50,000 were subscribed by the county, to aid in the cou- struction of the road. A line was surveyed from Chicago to Vincennes and work com- menced. The work was vigorously prose- cuted until the grading was fully half done, when for lack of funds and from other causes, work was eventually discontinued and the project, for the time being abandoned.

Some years after the close of the late war, it was revived under the title of "Chicago, Danville & Vincennes Railroad," and as such it was completed to Danville. A new com- pany-" The Paris & Danville "-was then formed, and under that title the road was built through this county in the winter of 1874-5, and during the next summer it was completed to the Ohio and Mississippi road at Lawrenceville. A more complete history, however, will be found in Part I. of this vol- ume, and hence a repetition is unnecessary here.

The only railroad that Clark over enjoyed until the completion of the Vandalia line, was a horse railroad with wooden rails, run- ning to the quarries on the Wabash, and was

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used for transporting stone to the Wabash valley. It was known as the " Williams Railroad," and was considered quite an insti- tution, by those who had never seen a rail- road.

The Terre Haute & Southwestern Railroad was an enterprise in which Clark County took an active interest, particularly the south- east part of the county. At one time, it seemed almost certain that the road would be built, but from a lack of either funds or stamina, or a little of both, it failed, and prob- ably will never be revived.

The Danville, Olney & Ohio River Railroad, passing through the western portion of the county, has been recently constructed. When properly completed and equipped, it will prove a valuable and good paying road.

Conclusion .- Written history, as a rule, is generally too formal, dignified and scholastic, to interest the mass. Of broadest scope, it requires too much nieety and precision as to circumstances and dates, and too much mul- tiplieity of detail. It requires, in order to be perfect, so much minuteness, and so many unimportant facts, as to often render it weari -. some. Hence, the reader is requested not to consider the foregoing pages an elaborate history, or finished production, but more properly as a sketch of the county in which we live, and one, too, that is not written up to the level of critical perfection ; and the critic who expects or demands elegance of diction, grandeur and purity of expression, nicety of language or precision of words, will be disappointed.

Though a sketch, and of course admitting of anecdote, excursive digressions, and a flex- ible texture of narrative, yet, for the most part, it is essentially historic. The writer has humbly endeavored to narrate within its pages some of the physical and moral features of our

county, its formation, settlement, local divis- ions and progress; the habits and customs of the early pioneers, interspersed with indi- vidual incident. He has striven to execute his task with candor and fidelity, though pro- foundly aware that many inaccuracies and imperfections exist. Stating facts from the records, and on what appeared to be good authority, and avoiding as much as possible all false coloring and exaggeration. How far he has succeeded is submitted to the judgment of his fellow citizens of the county.

Much of the early history of the county has been lost through the unusual mortality among our aged citizens, who have passed away in the fullness of years and honors, after living long, useful and eventful lives; after their early dangers and privations were but stirring memories of the forever past, they laid down their burdens, and "slumber in the sanctuary of the tomb, beneath the quiet of the stars." But much yet remains, and we have endeavored to record as we could, some of the events and ordeals of those early days; some of the habits, customs and incidents in the lives of those heroic men and women who, forsaking the comforts of civilization, and braving death and danger in countless forms, plunged into the wilderness and transformed it into peaceful and happy homes for their descendants. We have recorded them as the customs and manners of our day and time, which will remain long after we have passed to the silent dust.

In conclusion, while it would be rather in- vidious to name the kind friends from whom the writer has received substantial aid and encouragement in the preparation of this sketch, yet it would be indeed rude if he did not return to them his humble and grateful acknowledgments.

Nol Crews

CHAPTER VII .*

BENCH AND BAR-THE EARLY COMERS AND WHO THEY WERE-SOME COMMENTS ON THE PROFESSION-FIRST LAWYERS-BIOGRAPHIES AND CHARACTER SKETCHES-

ANECDOTES OF FICKLIN AND LINDER-OTHER LEGAL LUMINARIES, ETC.

"Time when the memory of man runneth not to the contrary." -Blackstone.

IN the very first steps of organization in the county there were no local lawyers here. In fact, the legal machinery of the county had been all fully put in working order be- fore even the legal circuit riders came to gladden the hearts of the people with their imposing presence, seedy plug hats, and the singular combination of store clothes and home-made shoes and socks. But courts were a necessary part of the legal start of a county -justice had to be administered, quarrels adjudicated, rows settled, naturalization granted, and many other little things that could only be performed by this august body, were a pressing necessity, and the court, therefore, was among the early comers. Lawyers, then, especially to the county mu- nicipality, were much more esential than now, for in the very first essentials toward making a new county the assistance of trained legal minds were indispensable. The people could themselves move in the matter of forming a new county only so far as to talk up the project among themselves, and agree upon the bounda- ries, etc., but after this, at every step they must have the aid and guidance of lawyers. They had to reach the Legislature and a formal peti- tion duly signed had to be drawn; not only this, but a draft of a bill creating the county, defining in proper technical and accurate

words the new county's territory, naming three commissioners and defining their duties, etc., and to whom but a lawyer could they go for all this? The work of these men, then, was of the greatest importance, as they were the foundations upon which rests the future of the little municipality. Their advice to the people, their work in the matter of legal documents, were to remain with us in the long time and for the weal or woe of the unborn generations. But soon after the county or- ganization came the first term of the Circuit Court, and with it the lawyers to see after the little business that might perchance be there needing their learned attention. This array of traveling lawyers was but a meager crowd, but the work awaiting them was light, and the fees were ranged down to coon-skin cur- reney prices. This meager caravan, however, as they traveled on horse-back, from county to county, constituted the early Bench and Bar. It was the court, and the "circuit riders," of the early fraternity, and without drawing invidious distinctions, the moving procession was constituted of some of the most valuable of our pioneer people. Their life was a hard one, their work often difficult and perplexing; they braved the heat and cold, the storms and floods, and all over the vast circuits (then embracing more than half the State), with their wardrobes and their law libraries in their saddle-bags-which, often, with all their clothes, they carried on their heads while their horses were swimming the

* By H. C. Bradsby.

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HISTORY OF CLARK COUNTT.

swollen streams. They traveled from one county seat to another, where often they would not find more cases on the docket than there were numbers of them, and these frequently unimportant and frivolous, the hotel accommodations meager and rude, and packed with perhaps a rough-and-tumble lot of hunters and trappers, who had come to town to have a jolly good time and make night and day hideous with their orgies. If the judge got a private room he was in luck, be- cause generally the rooms were all in one, and all over this were beds on the floor, and on cots, as thick as they could be placed, and all the night long the chances for sleep were few and far between. Then below this vast sleep- ing room was the hotel bar-room, where drinking and "stag-dances " often rioted in noisy fun the most of the night, to the screeching of a cracked fiddle handled by some yahoo who could worry the very soul in agony of all within ear-shot of his hideous caterwauling. The writer hereof will never forget hearing Judge Koerner, upon one oc- casion, somewhat like that above mentioned, express his exasperated feelings. The judge would be perfectly quiet in his cot for some time and then flounce over, pouch out his lips and blow, and, talking to himself ap- parently, say, "d-n dot feedling." And thus the long night was interminably drawn out.

The Circuit Court held generally biennial sessions in each county. The judge was the great man, of course, upon the recurring great day of the assembling of the court. The Bar was much like the nightly courtiers attending upon royalty, and it is not wonder- ful that they inspired the greatest respect and awe from all the people as they went in triumphal procession over the country. Even the clerks and sheriff's and other local officials of the court, by virtue of their right to ap- proach the bench and bar upon something

like terms of familiarity, and exchange words with them, were temporarily greatly enlarged and magnified and sometimes doubtless great- ly envied by the common crowds. But soon after the organization of each county came the local lawyer-the dweller among the people-and thus some of the glamour that invested the profession of law passed away. Soon, too, these increased in numbers, and as law and politics were synonymous terms, and, in their electioneering, they more and more mixed among the people, generally coaxing and wheedling them out of their votes, kissing babies, patting frowzled-headed, dirty faced boys; flattering the rural sun- flowers, kissing the blarney stone and dealing out thickened taffa to the old beldames, and hugging like a very brother the voters, and dividing with them their supply of plug tobacco, and tipping the wink to the blear- eyed doggery keeper-making spread eagle speeches everywhere and upon all possible occasions, and thus the work of breaking down the one great barrier between the pro- fession and the people, and their mingling in diseriminate herds, went on, until a lawyer got to be simply a human being, "nothing but a man," as the boy said when the preacher for the first time dined at his mother's house.

But the fact remains that in the early set- tlement of the State, and in the first forma- tion of the laws and customs of the different counties, these gentlemen had much to do, and to their glory be it said, they did their work wisely and well, and the proud State of Illinois, and her royal train of daughters -- the 102 counties-are imperishable monu- ments to their industry, patriotism, ripe judgment and incorruptible integrity. We have here the fourth State in the Union, and it was eager and swift in the race for the third place. The next decade will place her second, and a few brief years may, nay, doubtless will, put her at the head of the

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HISTORY OF CLARK COUNTY.

great column of States, and toward this grand consummation a meed of praise will always be duc these good men-the early Bench and Bar. The first session of the Circuit Court in Clark County was held in Aurora, as stated in a preceding chapter, the first county seat, on the 20th day of Sep- tember, 1819. Judge Thomas C. Browne presiding, and W. B. Archer, clerk, and the first case ever entered upon the Circuit Court docket was a little appeal case, from the docket of C. Patrick. Wickliffe Kitchell ap- peared as the plaintiff's attorney, and John M. Robinson for the defendant. This first case of the court's docket, bear in mind, was not at the first term of the court, for, accord- ing to the record, there was no case put down for trial at this court. The records are models of their kind, and we much doubt if any county in the State can show records in their organization, that would compare with these in their completeness or mechanical execu- tion. Every paper, every certificate and each proper entry are all in their place and are models that have never yet been improved upon. These splendid records should be preserved by the county, as one would the apple of his eye, and the time will soon come when these books will be a just and fitting monument to the first county officials, especi- ally the clerk of the court.

In April, 1820, the second term of the Cir- cuit Court for the county convened, Judge William Wilson presiding. There were only four cases on the docket, and two of these were for slander. At this term of the court appeared as attorneys, John McLean, John M. Robinson, Wickliffe Kitchell, Mr. Nash, and Henry W. Dunford. At the September term, 1820, William P. Bennet was enrolled as a practicing attorney. At the May term, 1821, the clerk, W. B. Archer, makes this ex- planatory entry: "Be it known that the sheriff, clerk of the court, suitors, etc., at-

tended at Aurora, the seat of justice of Clark County, on Wednesday the 23d day of May, 1821, and until 4 o'clock of Thursday, the 24th day of said month, and no judge appear- ing to form a court, the people dispersed." At the October term, 1821, Nathaniel Hunt- ington and Jacob Call were enrolled as at- torneys. At the May term, 1822, JJacob Har- lan acted as clerk pro tem., and John M. Rob- inson appears upon the records as the first State's attorney for the county of Clark, John Jackson enrolled as a regular attorney.

In 1823 the county seat was moved from Aurora to Darwin. In 1825 Hon. James O. Wattles succeeded Wilson as Circuit Judge. At the November term, 1825, Judge James Hall held a term of the court, and at this term T. C. Cone was enrolled as an attorney. Then in 1826 Judge Wattles again presides, and at the April term, 1827, Wilson is again on the bench. In 1831 Edwin B. Webb ap- pears as the State's attorney.

O. B. FICKLIN .- In 1830, now fifty-three years ago, in a memorable day in September, appeared in the little town of Darwin, the Hon. O. B. Ficklin, " on horseback." Judge Ficklin says he can distinctly remember the day, because it was just as the little town was in the greatest state of excitement over finding a den of snakes. He thinks if the whole village had been suffering an attack of jim-jams they could not have had a worse at- tack of snakes. When found, the reptiles were intertwined into an immense roll, larger than a bale of hay, where they had apparent- ly gathered to go into winter quarters. When disturbed they started in every direction, and the people en masse had armed themselves and were working away in the slaughter like men threshing wheat with old-styled flails. The old judge says his arrival was wholly eclipsed by the serpents, but he congratulates himself that he has stayed longer than the snakes, at least longer than that particular

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batch of them. The people were not so much to blame for overlooking him and seeing only the snakes. They didn't know him then, as well as pretty much everybody in Illinois now does; they did know the snakes, and they literally pulverized the heads of the de- scendants of the first apple vender with their heels, and with sticks, clubs or anything they could lay their hands upon. Fieklin rode up to the tavern, dismounted, carried his rather emaciated saddle-bags into the house, had his horse put up, and immediately joined the lit- tle army that was so bravely battling with reptiles. Ficklin came from Missouri to Illi- nois, and fixed his home at Mt. Carmel, and thus became a member of the Wabash bar, and entered actively upon the practice of his chosen profession. He diligently continued his studies, struggled hard to pay his light expenses of living, and by untiring energy to win a name and just fame among his fellow members of the bar. He was then but a bright, inexperienced boy, having been born in Scott County, Ky., December 16, 1808. It is not intended here to give a statistical biography of Judge Fieklin, but rather a mere outline of dates and facts, as a fonnda- tion on which to build, or place a sketch of the man mentally, morally, socially and polit- ically. His political life commenced as early as 1834, when he was elected to the Legisla- ture at Vandalia, the then State capitol. Here he first met Douglas, Lincoln, John T. Stewart, Jesse K. Dubois and many others who afterward gained wide celebrity. He describes Douglas as the little, sprightly boy of the Legislature, very bright, affable, indus- trious, and universally liked and petted by all the members. Lincoln was long, gang- ling, uncouth, and his clothes always fit badly, and he looked so awkward that his friends were always afraid he would tramp on his own feet and trip himself. But he could tell a good story; sometimes showed fair

ability in argument, and was conceded to be an opponent who would bear a great deal of watching. Jesse K. Dubois-well, everybody on the Wabash knows him, and respects and loves his memory. He was one of the kind- est hearted, most genial men that Illinois ever produced. His power with men lay in his kind, warm heart. John T. Stewart impress- ed young Fieklin as the giant among these pigmies, both intellectually and physically. He was all intellect, without thit flow of animal spirits that are generally essential to a politician. Then, too, he was more given to be a great fawyer than a great politician. His whole nature imbued him with the aristocratic ideas of the Whig party, and the Whig party in the early days of Illinois, was not well adapted to the wants and ideas of the people. Hence, Mr. Stewart never entered very seriously into polities, especially after his memorable contest . with Douglas for a seat in the United States Con rress. These were the men that Ficklin met at the State capitol in the winter of 1834. llis recollee- tion is most distinct upon the point that there certainly was not one there who then even dreamed there was not only the materials for presidents, but men who by sheer force of their intellects, and in defiance of defeats in elec- tions, would send their fame all over the globe; whose memories would endure forever. In this remarkable school for young men, Judge Ficklin measured his capabilities in many a sharp contest, and from none of these did he ever have to retire with his plumes either ruffled or plucke.l. He returned to his constituents, and in the winter of 1834-5 was chosen States attorney for the Wabash D.s- trict. In 1837 he removed to Coles County, locating in Charleston, where he has resided ever since, and entered here at once upon a large, and for those days a lucrative practice of the law. In 1843 he was elected to Con- gress. In the congressional delegation from

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Illinois at that time were Douglas, MeCler- nand and Wentworth. He was re-elected in 1844 and again in 1846, and again elected in 1850. He was a delegate to the National Democratic Convention of 1856, when James Buchanan was nominated, and also a delegate to the Charleston convention of 1860. In 18:6 he was elected to the Illinois Legisla- ture. In 1846 he married Elizabeth H. Col- quitt, of Georgia, daughter of United States Senator Walter T. Colquitt, and sister of the present U. S. Senator from Georgia, Gov. Al- fred Colquitt.

This is the briefest outline of his political life, but it is of his legal and social career that we prefer to speak more fully. He is the father, now, of the Illinois bar. A ripe scholar, a profound jurist. But his supreme gifts were an integrity and probity that were never suspected, and an intuitive knowledge of men that has never been surpassed. He had a boundless contempt for human frauds and shams, and he hated a scoundrel with an intensity that never relaxed. So strongly was this in his nature that when once started in the pursuit of a nest of rascals, he at once lost sight of fees or emoluments, and for the pure love of right and justice he pursued the vil- lain as relentlessly and persistently as the blood-hound is said to follow the fleeing fugi- tive. A history of these dens and villains that he has uncovered, and laid the heavy hand of the outraged law upon, would make an instructive book of thrilling interest. When profoundly interested and aroused, his eloquence was of the highest type-his lan- guage strong and rich, and his sentences clear- cut and as finished as the highest classics. We know of nothing of a similar kind that surpasses for pathetic eloquence, his tribute to the memory of his friend, Judge Steel, before the court and bar when he presented the resolutions of respect to the departed jurist and beloved friend. The words welled

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History of Crawford and Clark counties, Illinois, Part 35

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