USA > Illinois > DeKalb County > History of DeKalb County, Illinois > Part 27
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"SEC. 4. That all that tract of country beginning at the south-east corner of township thirty-seven north, range two east of the principal meridian, thence north to the north-cast corner of township forty-two north, range two, cast of the third principal meridian, and thence along the northern boundary of township forty-two in ranges three, four, and five, east of the third principal meridian, thence south on the south-east corner of township thirty-seven north, range five east, thence west on said township line, to the place of begin- ning, shall form a County to be called DeKalb.
" SEC. 5. The Counties of Stephenson, Boone, and DeKalb hereby created shall be organized in the following manner, to wit : for the purpose of fixing the permanent seat of jus- tice of Stephenson county, the following persons are appoint- ed commissioners, viz : Vance L. Davidson and Isaac Cham- bers, of Jo Daviess county, and Minor York of Ogle county, who, or a majority of them, being duly sworn before some justice of the peace of this State, faithfully to take into view the convenience of the people, the situation of the settlements, with an eye to future population and eligibility of the place shall meet at the house of William Baker in said county, on the first Monday in May next, or as soon thereafter as may be, and proceed to examine and determine on a place for the
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permanent seat of justice for said county, and designate the same : Provided, that said county seat shall be located on lands belonging to the United States, not occupied by the citizens of said county, if a site for said county seat on such lands can be found equally eligible, or upon lands claimed by citizens of said county ; but if said location shall be made upon land claimed by any individual in said county, or any individual having pre-emption right or title to the same, the claimant or proprietor upon whose lands, claim or pre-emp- tion right the said seat of justice may be located, shall make a deed in fee simple to any number of acres of said tract, not less than twenty to the said county ; or in lieu thercof such claimant or owner or owners of such pre-emption right shall donate to the said county at least three thousand dollars to be applied to building county buildings, within one year after the locating of said county seat, and the proceeds of such quarter section, if the county seat shall be located upon government lands as aforesaid, or the proceeds of such twenty acres of land if it be located on lands claimed or owned by an individual or individuals ; or the said three thousand dol- lars in case such claimant, or owner or owners shall elect to pay that sum in lieu of the said twenty acres, shall be appro- priated to the erection of a sufficient court house and jail ; and until public buildings are erected for the purposes, the courts shall be held at such place as the county commissioners shall direct.
"SEC. 6. An election shall be held at the house of William Baker in said county, on the first Monday of May next, for one sheriff, one coroner, one recorder, one county surveyor, three county commissioners, and one clerk of the county commissioners' court, who shall hold their offices until the next succeeding general elections, and until their successors are elected and qualified; which said election shall be con- ducted in all respects agreeably to the provisions of the law regulating elections : Provided that the qualified voters present may elect from among their own number three quali-
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fied voters to act as judges of said election, who shall appoint wo qualified· voters to act as clerks.
SEC. 7. For the purpose of fixing the permanent county seat of Boone county, the following named persons are hereby appointed commissioners, viz : John M. Wilson of Will county, James Day of LaSalle county, and James H. Woodworth of Cook county, who or a majority of them being first duly sworn before some justice of the peace of this State, as required in the fifth section of this act, shall meet at the house of Simon P. Doty, in said county, on the fourth Monday in April next, or as soon thereafter, as may be, and shall proceed as is required in the fifth section of this act, to locate the county seat of said Boone County.
SEC. 8. For the purpose of fixing the permanent seat of justice for the county of DeKalb, Benjamin Thruston of LaSalle county, James Walker of Cook county, and German- icus Kent of Winnebago county, are hereby appointed com- missioners, who or a majority being first duly sworn before some justice of the peace of this State, as is required by the fifth section of this act, shall meet at the house of Frederick Love in said county, on the first Monday in June next, or as soon thereafter as may be, and shall proceed in all respects as is required in the fifth section of this act, Provided, That the qualified voters of Kane county shall meet at the usual places of holding elections in said county, on the first Monday in May next, and vote for or against the county of DeKalb, and if a majority of said voters shall be in favor of making the said county, then the county of DeKalb shall be created, but if it shall appear that there is a majority against the division, then the said county shall remain as it now is.
SEC. 9. The county and circuit courts of said Boone and DeKalb counties, shall be held at such place as the county commissioners' courts shall respectively appoint, until the county buildings are erected, and the times of holding the circuit courts in the counties hereby created, shall be fixed by
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the circuit Judges in whose circuits the counties respectively are situated.
"SEC. 10. And elections shall be held in said Boone and DeKalb counties, for county officers in the following manner viz : In the county of Boone, at the house of Simon P. Doty, on the first Monday in May next, and in the county of DeKalb at the house of Frederick Love, on the first Monday in July next, and shall be required and conducted in the same manner as is prescribed in the sixth section of this act, when the same is applicable.
"SEC. 11. It shall be the duty of the clerks of the county commissioners courts of the counties hereby organized, to give notice at least ten days previous to the elections to be held as is above provided in said counties, and in case there shall be no clerk in said counties, it shall be the duty of the clerk of the commissioners' court of Winnebago county, to give notice of the elections to be held in the counties of Stephenson and Boone, and for the election to be held in the county of DeKalb notice shall be given in like manner, by the clerks of the com- missioners' court of Kane county.
SEC. 12. The citizens of the counties hereby created, are entitled in all respects to the same rights and privileges as are allowed in general to other counties in this State.
"SEC. 13. The counties of Stephenson and Boone shall continue to form a part of the county of Jo Daviess, until organized, and when organized according to this act, shall continue attached to the county of Jo Davies in all general elections, until otherwise provided by law. The county of DeKalb shall continue to form a part of the county of Kane, until it shall be organized, and shall vote with the county of LaSalle in all general elections, until otherwise provided by law.
"SEC. 14. The commissioners appointed to locate said county seats, shall receive the sum of two dollars per day for each day necessarily spent by them in discharging the duties imposed on them by this act, to be allowed by the county
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commissioners, and to be paid out of the county treasuries respectively.
" SEC. 15. The judges of elections shall deliver to each officer elected, a certificate of his election. The poll books shall be retained by them until the clerk of the county com- missioners' court shall be qualified, and then deliver the said poll books to such clerk, who shall make and transmit to the Secretary of State an abstract of the votes given at such election, in the same time, manner, and form as is required of clerks of county commissioners courts in elections in other counties in this State.
" SEC. 16. After the election of county officers as herein provided, the persons elected county commissioners, are here- by authorized to administer the oaths of office to each other, and they are severally authorized to administer the oaths of office to all other county officers. And said commissioners shall within ten days after their election, meet together as a court, and lay off their county into justices districts, and order elections to be held for justices of the peace and constables at a time to be fixed by them ; and justices of the peace and constables clected and qualified, shall hold their offices until others are elected and qualified under the law providing for the election of Justice of the Peace. The clerks of the county commissioners' courts shall deliver to each person elected justice of the peace and constable, certificates of such elections ; and each person elected justice of the peace is hereby author- ized, upon executing bonds as required by law to enter upon the duties of his office, and to exercise and perform all the duties of justice of the peace as fully as though such person had received a commission from the governor. This act shall be in force from and after its passage.
APPROVED 4th March, 1837."
This year, 1837, was noted as the first in the series of the regular Septennial wet seasons that have recurred every seven years since that time. From the first breaking up of winter, the rain poured down daily, with very few days exception,
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until late in the autumn. The windows of heaven were opened, the rain descended, and the floods came. The country was inundated : the roads would have been impassable if there had been any roads : the crops were poor and sickly, for want of sufficient sunshine. Shabbona, the sagacious old Indian, had predicted the wet season. He had asserted that as far back as Indian tradition reached, every seventh year had been similarly visited with a superabundance of rain-with almost constant storms and flood, and swollen streams. Seven years before, the soldiers at Fort Dearborn, then the only white inhabitants of the country, had made record of a similar year of constant storms and endless floods ; and it is certain that on every succeeding seventh year, such seasons have recurred. All of those who have resided in the county during the suc- ceeding four septentriades, will testify that 1844, 1851, 1858 and 1865, were each seasons of extraordinary moisture, and noted as wet summers. Whether there may or may not be anything mystical or magical in the number seven, whether this recurrence may have anything to do with the Scriptural seven years of plenty and seven years of famine, with the seven days of the week, the seven ages of man, the seven vials of wrath, the seven seals, seven trumpets, seven witches, or seven Pleiades, certain it is, that most of the old residents admit the regular return of this seventh year of floods and storms, and plan their farming operations with reference to it. It is worthy of remark, however, that the last of these wet seasons, which occurred in 1865, was but a comparatively moderate specimen of the kind. The floods began in July, and would have attracted no very marked attention, but for the general looking for and expectation of it.
A wet season in those early times, was different from what it is at present. It caused far greater inconvenience. Then, the country had no artificial drains, no broken and open soil to drink up the showers; it was all covered by the thick, tough sod of the native prairie, into which the rain penetrated with difficulty. It flowed off into the lowlands or sloughs,
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and being undrained, remained there, 'till evaporated by the summer's sun, making them almost impassable for teams. The country, ever since its first settlement, has been growing more and more dry. Lands that ten, or even five years ago, could not bear a team at any season of the year, now are constantly passable : and that is remarked, even in places where there is no artificial drainage or cultivation of soil in the vicinity to account for it. This year is also memorable in the annals of the country, as the occasion of one of those commercial crises, when speculation and extravagance having reached its culmi- tion, there comes a financial revulsion which sweeps fortunes away like autumn leaves before the whirlwind. Thousands of embryo cities had been laid out all over this western country, and lots were sold in them at enormous prices. Chicago, which during this and the previous year, had been rapidly settled and built up to a city of several thousand inhabitants, had excited the amazement of the country by stories of the immense fortunes so suddenly made by the advance in her ands. What had occurred there, it was argued, would soon occur in all the young cities farther west. The legislature of the previous winter had chartered thousands of miles of rail- road which it was expected would stimulate an almost magical growth of cities and towns. Chicago became a market for the sale of towns. They were sold there at auction. Eastern people caught the mania, and town plats were sent to them for a market, and were greedily purchased. But now came the crash. Multitudes of men, ambitious of making a speedy fortune, had gone into debt for the purchase of these inchoate cities. They were unable to meet their obligations, and una- ble to dispose of the lands. Confidence was now gone, and with it, the beautiful castles they had built in the air vanished like the mists of the morning ; the brilliant-hued bubbles burst and disappeared. The nation was whelmed in general bankruptcy. But the spirit of speculation had not yet reached the section of country embraced in this County. The storms of the commercial world swept harmlessly by the little commu-
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nity of quiet farmers gathered here to make their living by the peaceful pursuit of agriculture. There were indced some embryo towns laid out, and their proprietors were contending for the location of a county seat, but lots were cheap as yet. Any man could have one or more if he would build upon it and become a resident. A village palt was staked out on the north side of the Kishwaukee-then called the Sycamore river-and another about the residence of Rufus Colton at Coltonville. The Kishwaukee river then, like all of the streams of the conntry, much larger, more rapid in its flow than now, was supposed capable of furnishing good water power. A tract of two miles square, enclosing the present village of Sycamore, had been claimed by an association un- der the name of C. Sharer & Co. It was composed of Chris- tian Sharer, a wealthy capitalist of N. Y., Clark Wright, E. Wherry and Mark Daniels. They built a dam and a large mill race, whose channel is yet to be seen, and upon it Robt. Crawford had commenced to build a factory, designed to manufacture chairs and other articles of furniture. Eli G. Jewell had a blacksmith and wagon shop in the borders of the grove, near the present residence of Roswell Dow, and had, also a small collection of goods for sale in his little log house. It was regarded as one of the smart rising towns of the county, and as a possible county seat. At Coltonville also, the proprietor had a little store, and his spacious log house was a well known point for travellers. Colton and the few settlers who lived in the vicinity, were confident that there would be the future seat of justice for the County.
On the first Monday in May of this year, in accordance with the provisions of the bill, an election was held in the thirty-six square miles, composing Kanc County, to determine whether the new County of DeKalb should be set off. The Geneva interest favored the division, as it made that town more central in that County, and would make its continuance as the county scat, more probable, but a part of the present Kane County was opposed to the division. It was so contrived
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however, that they had no opportunity to express their opposition by their votes. The traveling this spring, was extremely bad. The mud was unfathomable, the rain continuous. The Sheriff of Kane County was unwilling to start out on the long and tedious journey necessary to post the notices of this election, and readily accepted the offer of Mr. Madden, who was going that way, to do it for him. Report says that the shrewd Madden was careless about post- ing notices of the election in precincts unfavorable to the division of the county, while all of those precincts in favor of it, were fully notified. The result was a huge majority in favor of division, no vote whatever being held in considerable parts of that county. It having been decided that the new County was duly set off, the Clerk of Kane County issued a call for an election to be held at the residence of Frederic Love, at which there should be chosen three County Commis- sioners, one Sheriff, Recorder, and Coroner. It was held on Monday, the 3d of July, 1837. The two parties which as is well known, are indispensable to every well-arranged and conducted election, went by the name of claim-jumpers and anti-claim-jumpers, and divided on the question of sustaining or abolishing the claim associations. The people came from all parts of the County, and in large numbers. With their wagons and horses distributed over a large space, they presented the appearance of an animated camp-meeting. After the usual amount of log-rolling, caucusing, and liquoring, the polls were opened, the votes cast and counted, and a large majority were found to be in favor of the Anti-Claim-Jumpers' ticket. This was :
County Commissioners-Rufus Colton, Robert Sterrett, Levi Lee.
Sheriff-Joseph C. Lander.
Recorder-Jesse C. Kellogg.
Surveyor-Eli Barnes.
Treasurer-Lysander Darling.
They were an excellent and able body of officers ; probably 47
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none more intelligent or better adapted to their work, have since filled those offices.
Rufus Colton was an active, stirring, shrewd New Englander, formerly editor of a Vermont paper-a warm friend-a fair, uncompromising enemy. R. Sterrett of Somonauk was of Penn. origin, always a decided Democrat-an honest, reliable, truc man. Levi Lee of Kingston, was a shrewd, intelligent man, active in the temperance cause. He filled many public offices, and was of late, a member of the Legislature of Wisconsin. Jesse C. Kellogg, the Recorder, was of Vermont puritan stock, has been for thirty three years, and still is one of the worthiest citizens of DeKalb County, active in every good work, the uncompromising foe of all wrong and oppression. Captain Barnes, for over thirty years a venerated citizen of this County, died in 1867, leaving a large family of descendants here. Sheriff Lander, an honest, pleasant old Indianian, had all of the peculiarities of speech and dialect of the Hoosicr race. Lysander Darling was a pleasant, kind-hearted, honest popular citizen, said to be the first settler in Sycamore.
On Tuesday, the 11th of July, 1837, the first regular session of the County Commissioners' Court for DeKalb County was held at the house of Rufus Colton. The selection of a place of holding Courts before the county seat was fixed and buildings erected, was left to the decision of the County Commissioners ; and they concluded that no more convenient place could be found than the spacious and comfortable log house belonging to the head of the Board of Commissioners. It was a substantial structure, eighteen fect by twenty-four, made of hewn logs, furnished with doors and a window, chinked up with none of your common mud, but with good lime mortar. Altogether, it was a spacious and superior building for those times. But liberal as were the accommo- dations, they were yet rather too limited for the convenient transaction of public business, in addition to the ordinary routine of the housekeeper's duties. So as the day was fair and warm, a table was placed out of doors on the shady side
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of the house, at which the Commissioners being seated, the Sheriff made proclamation in good Hoosier style, of the opening of the Court, and they proceeded to business. This Commis- sioners' Court was not intended for the trial of suits. Its duties embraced those which are now accomplished by the Beard of Supervisors. The County had been ransacked to find a suitable book for Record, but at last Mr. Clerk had procured an old merchant's ledger, a little used, and in it the first recorded transactions were minuted. The first formal action of the Board was to select and appoint Jesse C. Kellogg as Clerk of their Court, and the next was the important business of laying out five election precincts, and justices' districts. They were :
First, Kingston district and precinct, commencing at the northwest corner of the County running south twelve miles, thence northeast crossing the Sycamore river so as to include Benjamin Stephens' land, and then north to the County line.
It was ordered that elections be held in this precinct at the residence of Levi Lee. George H. Hill, John Whitney and Jonas Hait were appointed its judges.
The second was Sycamore precinct, including the northeast corner of the County, and extending as far south as Charter Grove, but not including the present village of Sycamore. The elections were to be held at a school house near Lysander Darling's, and William A. Miller, James A. Armstrong and Samuel Cory were made its judges.
The third was named Orange district, and comprised the territory south of the Sycamore district as far as Lost Grove, in the present town of Cortland. Elections for this district were ordered at Rufus Colton's house, and Frederic Love, James Root, and Eli Barnes were made its judges.
The fourth was named Somonauk district, and comprised the territory south of Orange district, ten miles in width, and about twenty in length to the south line of the County. Elections were ordered to be held at the house of Woodruff and Lane; William Davis, Frederic A. Witherspoon, and Simon Price were made judges.
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The fifth district was called Paw Paw, and comprised the southwest portion of the County. No recorded provision was made for elections in this district, and it was subsequently abolished, but afterwards upon the indignant protest of some of its people, was re-established.
In October, the Commissioners appointed by the Legislature to fix the County seat, met at the house of Mr. Frederic Love as directed by the law of organization. They were received by the citizens representing the three competing points with all of that cordiality that was to be expected toward men upon whose decision important interests depended. Escorted by a large number of residents of the County, and men who were interested in the decision of the question, they spent most of three days in riding about the region, viewing the country and comparing the advantages of the rival locations. There seemed to be little to choose between them. One of the Commission- ers, Mr. Walker of Plainfield had been a member of the Leg- islature with Mr. Madden. IIe was also an intimate friend of Mr. Harvey Maxfield, who had recently visited this section of country and came back with a glowing account of its attractions, and of the advantages of the present location for a county seat. He had also reported to Walker a remark said to have been made by Madden to the effect that he had secured Walker's appointment as Commissioner, and expected to control him so far as to induce him to locate the County seat upon his own claim at Brush Point. This naturally aroused opposition in the mind of Mr. Walker.
Much to Madden's chagrin, he found his friend prejudiced against his own point, and unable to see its advantages. The inhabitants of the little collection of log houses on the bank of the Kishwaukee north of the present County seat where the village had been laid out, had become convinced that their village was upon ground too low to secure its location as the seat of justice, and they combined to assure the Commission- ers that the place where they intended the village should be, was on the higher ground upon the other side of the stream.
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This being agreed upon, on the third day of their travels and explorations, the Commissioners determined upon placing it where the Court House now stands, and in the presence of quite a crowd of interested observers, they set a long pole upon the green prairie, placed on it a streaming flag, and declared it to be the location for the County seat of the new County of DeKalb. Captain Eli Barnes now advanced, and christened the new town by the name of Orange. No objection was raised to this, and for some years thereafter, the point was called by that name. Some objection had been made to the exact spot selected, by parties who thought the land a half mile south more favorable. This was admitted, but it was decided that this spot was as far out on the broad prairie as the center of the town ought to be placed, and here it was put.
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