History of Du Page County, Illinois 1876, Part 2

Author: Du Page County (Ill.). Board of Supervisors; Richmond, C. W
Publication date: 1877
Publisher: Aurora, Ill. : Knickerbocker & Hodder
Number of Pages: 268


USA > Illinois > DuPage County > History of Du Page County, Illinois 1876 > Part 2


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Voted, That a written notice from one of the committee shall be given to the defendant, or to his wife, previous to any suit pending before them.


Voted, That our whole proceedings from the commencement shall be published in the three Chicago newspapers, and likewise in the Milwaukee Advocate ; that a committee of three be appointed to draft


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HISTORY OF DU PAGE COUNTY.


or prepare our proceedings for publication. £ The following named persons were elected said committee : Russell Whipple, Eli Northam, Warren Smith, including the Secretary.


Voted, That the Secretary shall record all decisions made by the committee respecting claims.


Voted, That this meeting adjourn to the 6th day of August next, to meet at the house of Thomson Paxton.


DECISIONS.


We, the subscribers, have taken into consideration the right of claim in dispute between J. Warren and J. Maxwell, and award that the 160 acres shall be equally divided between said claimants.


CHARLES SIDDERS, F. STOLP, WM. J. STRONG,


L. WARD, r Committee.


Cook County, Illinois, 5th March, 1836.


It was the decision of the committee that Mr. Warren had shown a right to the east eighty, by an agreement, and that Mr. Warren therefore has nothing more to leave out with regard to the above named lot.


WARREN SMITH, THOMSON PAXTON, JOHN GREGG, F. STOLP,


Committee.


Jan. 17, 1837.


The committee agreed that the disputed quarter section within the furrow between Williams and Hines should be equally divided between said Williams and Hines, the division line to run with the road. Williams shall take the north half and Hines the south.


Entered, Feb. 4th, 1837.


We, the committee of the " Big Woods Claim Protecting Society," give judgment on the case wherein James Dyer is plaintiff and David McKee defendant, on a lot of prairie east of David Mckee's field : That the said David McKee pay the said James Dyer one hundred dollars, and have all the improvements made by the said Dyer ; other- wise, if the said David McKee refuse to pay the above mentioned sum to the said Dyer, he shall have the said lot of land as his lawful claim, to dispose of as his.


COUNTY CLAIM SOCIETY.


A society was formed for similar objects in 1839, called the " DuPage County Society for Mutual Pro- tection." We give some extracts from its records :


At a meeting of the settlers of DuPage County, held at Naperville


21


COUNTY CLAIM SOCIETY.


on the 28th of October, A. D. 1839, Russell Whipple was called to the chair, and James C. Hatch appointed Secretary. Whereupon the following report was read to the meeting :


At a meeting of the settlers of DuPage County, held at Naperville on the 29th of September last, to take measures for securing their rights and interests to and in their respective claims, a committee of ten was appointed to draft rules and regulations to present for the consideration of this meeting. In compliance with which said com - mittee respectfully beg leave to present the following :


Situated as we are, upon government lands, which have, by the industry of the settlers, already become highly valuable; and, inas- much as our claims lie in such a variety of shapes, and are of such different dimensions that they cannot in any manner correspond with the government survey, it appears necessary, in order to prevent the most fearful consequences, that the lines of our respective claims should be established previous to the government survey, and we ourselves bound by the strong arm of the law to reconvey, as herein- after mentioned, to our neighbors, whenever these lands are sold by the order of the general government, so as to keep our claims as they are now established ; and, to accomplish this end, we recommend the following regulations :


First-We do hereby form ourselves into a society to be called the "DuPage County Society for Mutual Protection," and agree to be governed by such prudent rules and by-laws as the society may here- after adopt, not inconsistent with the laws of the country ; and that we will make use of all honorable means to protect each other in our respective claims, as they may hereafter be agreed upon and recorded ; and that we will not countenance any unjust claim set up by specu- lators or others ; and we declare that the primary object of this society is to protect the inhabitants in their claims and boundaries, so that each shall deed and re-deed to the other, as hereinafter mentioned, when the government survey does not agree with the present line, or lines which may hereafter be agreed upon.


Second-That there be a committee of five appointed at this meet- ing, three of whom may form a Board of Arbitration to decide, from legal testimony, all disputes respecting the lines or boundaries of any claim, for which they may be called together, with the costs of the arbitration, and the party, or parties, who shall pay the same.


Provided-It does not appear that such dispute has previously been decided by an arbitration held by the agreement of the parties, which


22


HISTORY OF DU PAGE COUNTY.


shall be a bar against further proceedings of said committee, except as to matter of costs.


Third-That each of the said committee shall be entitled to one dollar per day for each day officially engaged.


Fourth-That in all cases where the parties cannot establish their lines, either by reference to their neighbors or otherwise, both parties may at any time, by giving to the other ten days' notice of his or her intention, call out at least three of the Board of Arbitration to decide the same, and their decision shall be final.


Fifth-That there be one clerk appointed at this meeting who shall keep a fair record of all transactions of this Association, and also of all descriptions of claims presented to him for record : Provided, that there is attached thereto a certificate from all who have adjoining claims certifying to the correctness of such description, or a certifi- cate signed by a majority of any arbitration met to establish any line or lines of said claim ; and that the said clerk shall be entitled to twenty-five cents for recording each claim and certificate.


Sixth-That it shall be the duty of every settler to present to the clerk a definite description of his or her claim, either from actual sur- vey or otherwise, and also to set his or her hand and seal to a certain indenture, drafted by Giles Spring, Esq., of Chicago, for this Society.


Seventh-That there be a committee of three in each Precinct ap- pointed at this meeting for the purpose of carrying into effect the sixth regulation.


Eighth-That the settlers on the school lands ought to obtain their lands at Government price.


Ninth-That we will firmly and manfully protect all who conform to the above regulations previous to the first day of January, 1840.


Which report and regulations were unanimously adopted, and ordered to be embodied in a constitution.


Thereafter, on motion, a committee of six was ap- pointed by the Chair to nominate a Board of Arbitra- tion and Clerk, viz :


Lewis Ellsworth, Elihu Thayer, Luther Hatch, Cor- nelius Jones, Job A. Smith and David S. Dunning, who, having retired, returned and reported Lyman Meacham, Erastus Gary and Stephen J. Scott, Board of Arbitra-


23


THE PRECINCT COMMITTEES.


tion, and P. Ballingall, Clerk, which nominations were approved.


Whereupon it was moved and adopted that the follow- ing persons be the Precinct Committees, viz :


NAPERVILLE PRECINCT-Stephen J. Scott, Henry Goodrich, Na- than Allen, Jr.


WEBSTER PRECINCT-John W. Walker, James C. Hatch, Pierce Downer.


DEERFIELD PRECINCT-Luther Morton, Perus Barney, Moses Stacy.


WASHINGTON PRECINCT-Lyman Meacham, Smith D. Pierce, Capt. E. Kinny.


ORANGE PRECINCT-Job A. Smith, Wm. Kimball, Luther F. San- derson.


DUPAGE PRECINCT-Warren Smith, Lorin G. Hulbert, Alvah Fowler.


BIG WOODS PRECINCT-John Warne, Levi Leach, Wm. J. Strong.


Resolved, That this meeting adjourn till the first Monday in Janu- ary, 1840. RUSSELL WHIPPLE, Chairman.


JAMES C. HATCH, Secretary.


At a meeting of the "DuPage County Society for Mutual Protection," held at Naperville the 6th day of January, A. D. 1840, in pursuance of adjournment, Russell Whipple took the chair, when, on motion of Mr. George Martin, it was


Resolved, That the time for recording the claims of the members of this Society, in order to secure the benefits of the ninth resolution of the meeting held on the 28th of October last, be extended till the first day of March next.


On motion of Mr. James C. Hatch :


Resolved, That the claims belonging to members of the Society which lie on the line of or in another county, shall be entitled to rec- ord and protection on the members complying with the fifth regula- tion.


On motion of Mr. Lyman Meacham :


Resolved, That when a claim belonging to a member of this Asso- ciation shall border on that of a non-resident, or that of a person out


24


HISTORY OF DU PAGE COUNTY.


of the State, or on land not occupied, the same shall be recorded, if a certificate from the adjoining claimants be attached thereto, certify- ing to such non-residence, absence or non-occupancy, and that there is no dispute concerning the same.


On motion of Mr. William J. Strong :


Resolved, That any member of this Society who, in an arbitration, fails to establish his claim before the Board of Arbitration, shall pay the costs thereof within six days from the decision being pronounced ; and, failing to make such payment, he shall cease to be a member of this Society.


Resolved, That this meeting adjourn until the first Monday in March next. P. BALLINGALL, Clerk.


At a meeting of the Society, held at Naperville, on the 6th day of March, A. D. 1840, in pursuance of adjournment, Stephen J. Scott was appointed chairman.


Resolved, That James Johnson and Isaac B. Berry be allowed an- other trial in their arbitration with Harry T. Wilson, on condition that said Johnson and Berry pay one counsel fee and the whole costs of the arbitration.


Resolved, That the Board of Arbitrators shall have power to fill all vacancies occasioned by death, removal or otherwise, between this time and the first Monday in May next.


Resolved, That the resolution offered by William J. Strong, and passed at last meeting, be and is hereby repealed.


Resolved, That the line between Ephraim Collar and Timothy E. Parsons is hereby declared to be the road leading from ---


to - -, laid by Butterfield, Church & Arnold, as the same has been recorded.


Resolved, That this meeting adjourn until the first Monday in May next.


P. BALLINGALL, Clerk.


At a meeting of the DuPage County Society for Mutual Protection, held at Naperville on Monday, the 4th day of May, A. D. 1840, pursuant to adjournment, John Stevens was appointed chairman, and James F. Wight, clerk pro tem, when, on motion of Mr. P. Downer :


Resolved. That the time for settling and recording claims of the members of this Society be extended to the first Monday in June next.


25


SOCIETY FOR MUTUAL PROTECTION.


Resolved, That this meeting adjourn until the first Monday in June next, then to meet in Naperville.


J. F. WIGHT, Clerk pro tem.


At a meeting of the DuPage County Society for Mutual Protection, held at Naperville on Monday, the 1st day (being the first Monday) in June, 1840, pursu- ant to adjournment, Captain John Stevens was appointed chairman. Patrick Ballingall, Esq., having resigned the office of clerk of this society, on motion of Mr. Hunt,


Resolved, That James F. Wight be and hereby is appointed Clerk of this Society in the place of P. Ballingall, Esq., resigned.


Resolved, That the time for settling and recording claims of the members of this Society be extended until the first Monday in Sep- tember next.


On motion of Mr. James C. Hatch,


Resolved, That the clerk hereafter record no certificates of claims unless it is certified that they are the only claimants adjoining the claim or claims offered to be recorded ; or, for want of such certifi- cate, that the applicant shall make oath that no other person except those named in such certificate adjoin him.


Resolved, That the clerk notify all persons whose claims are recorded (without their having signed the settler's bond) that they sign the said bond or they will not be protected by this Society.


Resolved, That this meeting adjourn to the first Monday in Septem- ber next, then to meet at the Pre-emption House in Naperville, at one o'clock P. M.


JAMES F. WIGHT, Clerk.


At a meeting of the DuPage County Society for Mutual Protection, held at Naperville on Wednesday, the 3rd day of March, 1841, Hon. Russell Whipple was called to the chair, and Morris Sleight appointed secre- tary. After the object of the meeting had been stated by Stephen J. Scott, the following persons were ap- pointed a committee to draft resolutions expressive of the sense of this meeting, viz : Luther Hatch, Stephen J. Scott, William J. Strong and Isaac Clark. 3


26


HISTORY OF DU PAGE COUNTY.


On motion of N. Allen Jr., Esq., Aylmer Keith was appointed clerk of this Society to record claims, and the certificates for the same, and to keep the settlers' book, in place of James F. Wight.


Resolved, That the time for recording claims be extended to the first Monday of September, 1841.


The committee appointed to draft resolutions reported the following, which were adopted, with one or two dis- senting votes :


WHEREAS, It is generally believed that the public lands on which we hold settlers' claims, will be shortly offered for sale, and in order that each claimant may obtain and feel secure in the possession of his just claim, it is deemed necessary that there be a uniformity of action and feeling on the subject ; and believing that the proving up of pre- emption claims will have a tendency to create excitement and confu- sion, if not to interfere with the rights of others ; therefore, be it


Resolved, I-That we will not prove up our pre-emption claims, even when justly entitled to do so, except in cases where it may be deemed necessary to secure the claimant, but that we will not do so without the consent of a committee, to be appointed by this Union or the sev- eral towns, to settle disputes.


Resolved, 2-That any person who shall attempt to obtain a pre- emption, and thereby seize upon any part of any other person's claim, shall be deemed a dishonest man, not entitled to the protection of this Union, and shall not be allowed to purchase any other land in this county if this Union can prevent it.


Resolved, 3-That when the inhabitants of any township shall guarantee to those on the school section, and entitled to a float, that they shall have their claim at ten shillings per acre, then in such case, if they shall obtain or attempt to obtain a float, or lay one upon any other claimant's just claim, they shall be considered no better than a thief or a robber, and shall have no protection from this Union.


Resolved, 4-That it is the duty of this Association to take meas- ures to secure to claimants on the school section their claims at Govern- ment price.


Resolved, 5-That the protection of this Union will not be extended to any person who shall either take or purchase a school section float, except the township refuse to guarantee, as in the third resolution.


27


SUBORDINATE CLAIM SOCIETIES.


Resolved, 6-That the several townships in this county call meet- ings, and make such arrangements and adopt such measures as may be thought necessary with regard to their claims at the approaching land sale.


Resolved, 7-That the proceedings of this meeting be forwarded by the Secretary to the Land Office in Chicago, asking of the Register and Receiver to act, with regard to lands in this county, on the spirit ' of the resolutions here passed.


Resolved, 8-That the proceedings of this meeting be signed by the Chairman and Secretary, and published in the Chicago papers.


Subordinate claim societies were organized in each of the precincts of the county ; the settlers pretty gener- ally joined them, and many difficulties were adjusted by this means among the squatters. The hard times which followed the crisis of 1836 and 1837, discouraged speculation somewhat, and but few were able to purchase the land which they had improved, and some were una- ble to do that in care and cultivation which was desira- ble for even the time being. The pledges made by the members of the claim societies were uniformly carried out, and all honorable men gave no cause of complaint to their neighbors. In a few cases, some, less scrupu- lous, refused to deed lands in their possession to the rightful owners, and, in consequence, quarrels and some- times suits at law were the result.


SURFACE.


The surface, in general, of this county consists of upland, rolling prairie. There are, however, numerous groves ; and the Du Page River, which has its rise in the northern part of the county, is skirted with forests of thrifty growing timber. In addition to the facilities thus afforded for timber and fuel, the inhabitants in the


28


HISTORY OF DU PAGE COUNTY.


western part have recourse to the Big Woods, which lie partly in this county.


The West Branch of the DuPage is a stream of con- siderable size, and affords numerous sites for the appli- cation of water power. Besides several saw-mills, and other manufactories, there are flouring mills situated upon this stream at Warrenville, Naperville, and at Hobson's.


There are no other streams of much importance in the county ; yet it is well watered by the smaller streams and springs. On the prairie, the soil is a deep black or brown humus; and, in the timber, a light or colored sandy clay soil, or loam.


The remains of a Mastodon, consisting of the skull and other parts of the skeleton, were found, some years ago, in a slough, not far from the village of Wheaton.


The deposits of the Drift, in this county, consist of loam, blue clays, and hard pan, with here and there, amid the mass, seams and pockets of sand and gravel. Boulders of granite and various other stones are found, in some localities, on the surface of the ground, and are frequently met with in excavations. Large deposits of rolled boulders, chiefly of limestone, occur in the Drift deposits. These may be observed near Prospect Park, and Bloomingdale.


Underlying the alluvial surface of the whole county are alternate beds of grayish white and gray limestone, which answers excellently well as building stone. About half a mile west of Elmhurst, a light gray or nearly white limestone is quarried. The deposit of the quarry is fifteen or twenty feet. The rock here exposed is


29


GEOLOGICAL FEATURES.


found no where else in the county. Passing to the southward about three miles, we find the nearest outcrop on the western bank of Salt Creek, on land owned by Mr. Torode. About nine feet in thickness of thin- bedded limestone is here exposed; the upper two or three feet porous and yellow, the remainder light drab or gray in color. The only remaining outcrops of rocks are found in the western fork of the DuPage River at Naperville and below. On the south-western bank of the river, at Naperville, there is a section consisting, at the base, of an even texture light drab or buff limestone, about six feet of which is exposed in the excavation. The layers increase in thickness below, and form excel- lent building stone. This bed is overlaid with about nine feet of a thin-bedded yellowish or dark buff lime- stone, closely resembling the rock of Torode's quarry in York.


Going from Naperville in a south-easterly direction, along the western bank of the stream, we find, at a dis- tance from the town of about a mile, limestone, apparently the same as the upper beds at Naperville. Still further on, at Kimball's mill, a thickness of eight or nine feet, probably of the lower bed, is shown at the western end of the mill dam. The same beds are also exposed on the opposite bank, some 200 yards above the dam. Below the mill, the lower beds of buff limestone appear along the western bank of the creek for a short distance. and have been quarried at one or two points. It disap- pears, however, under the Drift, before reaching the county line.


The soil of the prairies is always productive, and


30


HISTORY OF DU PAGE COUNTY.


yields good crops by proper tillage. As a whole, in the elements of material prosperity, this county is not behind any other territory of equal extent in this part of Illinois.


The chief staples are corn, wheat, rye, oats and pota- toes ; but barley, buckwheat, peas and beans are culti- vated to some extent. Considerable attention is given to fruit raising. Some varieties of the grape are grown, and the produce is abundant. The Black Locust was early planted extensively for timber and shelter, but has proven a failure, in consequence of the attacks of the Borer. Evergreens do well; and the different species of Maple, Larch, Mountain Ash, and various other trees of the ornamental class are generally introduced. The forests furnish a good variety of shade trees. Of the Sugar Maple, Elm, Ash, Butternut, and Soft Maple, large quantities are transplanted to the farms and vil- lages, every season.


The DuPage County Agricultural and Mechanical Society was formed in 1853.


The design is to promote a friendly intercourse among the citizens, as well as improvement and enterprise in the cultivation of the soil, the raising of stock, and the manufacture of useful farming and household utensils.


The place of meeting of the annual fair, which is held about the middle of September, is now fixed at Wheaton, where are located the fair grounds owned by the Society.


From the records of the Society we subjoin a few historical items :


A meeting to organize the DuPage Agricultural and Mechanical Society was held at the Court House, in


31


THE AGRICULTURAL SOCIETY.


Naperville, October 19th, 1853, at which meeting a committee, consisting of Lewis Ellsworth, James G. Wright and Rev. Hope Brown, was appointed to draft a constitution for the government of the Society. At a meeting held the following day, the constitution, as sub- mitted by the committee, was adopted. The first officers, elected October 20th, 1853, were as follows : President, Lewis Ellsworth, of Lisle ; Vice Presidents, E. D. Hills, of Bloomingdale, James C. Hatch, of Lisle, Hiram Bristol, of Naperville ; Recording Secretary, James G. Wright, of Naperville; Corresponding Secretary, Henry M. Lyman, of Downer's Grove; Treasurer, Amasa Morse, of Lisle.


The first annual meeting of the Society was held at Naperville, January 10th, 1854, when by-laws presented by the Executive Committee were adopted. The first and second fairs of the Society were held at Naperville.


The third fair was held at Wheaton.


At the annual meeting of the Society, held at Danby, January 13th, 1857, the subject of permanently locat- ing the fair grounds was discussed, and a committee was appointed to draw up the specifications of the require- ments of the Society for a permanent location.


At a meeting held at Wheaton, March 25th, 1857, a committee was appointed to examine such grounds as should be offered to the Society for that purpose.


At a meeting of the Society, held at Danby, June 25th, 1857, the grounds were permanently located at Wheaton, on lands donated by J. C. and W. L. Whea- ton.


32


HISTORY OF DU PAGE COUNTY.


The Society was incorporated by Act of the Legisla- ture, Feb. 12, 1857. It was re-organized under Act of the Legislature creating a Department of Agriculture, Feb. 10th, 1872.


The officers of the Society are President, Secretary, Treasurer and Board of Directors.


SCHOOLS.


Few counties offer to their youth better opportunities for instruction in the higher departments of education than DuPage. In addition to the free High Schools which have been established in the larger villages, we have three incorporated Colleges, two Seminaries and several private schools. . Nothing more than a general view is here attempted.


EVANGELICAL MELANCHTHON SEMINARY, ELMHURST.


This is a Theological Seminary for the education of ministers for the German United Evangelical Church. The plan of the founders is to rear a University with liberally endowed professorships. The institution was originally located at Lake Zurich. It was moved to Elmhurst in 1869.


FORT HILL SEMINARY, NAPERVILLE.


This school for young ladies, conducted by Miss S. B. Skinner, for many years maintained a standing which ensured for it liberal patronage. It deserves mention here, although now discontinued, since it preceded most other educational efforts in the neighborhood, and, in its suggestion, encouragement and promotion of higher culture, intelligence and good taste, as well as christian knowledge and sound piety, it has been of much influ-


33


COLLEGES OF DU PAGE COUNTY.


ence and value, and source, we think, of enduring and extensive benefit.


The Naperville Academy was erected in 1853. In 1860 it was purchased by the District, and has since been a free public school.


There are Parish Schools of the Roman Catholic Church in Naperville, Winfield, Milton and York, hav- ing an aggregate of 350 pupils.


LUTHERAN COLLEGE, ADDISON.




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