USA > Illinois > DuPage County > History of Du Page County, Illinois (Historical, Biographical) > Part 8
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As an historic record, a list of those who first
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HISTORY OF DU PAGE COUNTY.
joined the society is inserted : John Warne, A. E. Carpenter, James Dyer, John Mosier, Joseph Fish, J. M. Warren, John Maxwell, Cornelius Jones, John Ogden, Phineas Graves, William Hall, David Crane, James Brown, Frederick Stolp, Nelson Murray, Taylor S. Warne, Jesse B. Ketchum, Barton Eddy, David McKee, J. S. P. Lord, Joseph Wilson, Warren Smith, Henry M. Waite, Lyman King, Luther Chandler, Gilbert S. Rouse, S. H. Arnold, Jos- eph Stolp, Reuben Anstin, Charles Arnold, Levi Leach, Elihu Wright, Nahan Beardsley, S. Hurlbut, Darias J. Lamphear, Walter Ger- main, John B. Eddy, John Gregg, Samuel Mosier, Orrin W. Graves, B. Tubbs, Jr., Joseph Thayer, Thomson Paxton, L. Ward, Charles Brown, Charles Sidders, James Hymes, Nathan Williams, William J. Strong, Robert Hopkins, Jesse Graves, John Stolp, Allen Williams, A. Culver, Thomas N. Paxton, Dennis Clark, Amander P. Thomas, Alfred Churchill, R. S. Ostrander, A. W. Beardsley, George Laird, George C. Howes, Samuel Paxton, William Williams, George Monroe, Harvey Higbee, N. H. Thomas, Enos Coleman, Linus L. Coleman, Eli Northum, Zerah Jones, Reuben Jones, George S. Blackman, Blackman & Winslow, William E. Bent, J. B. & E. Smith, Ira Wood- man, Alden S. Clifford, William Hill, John Fox, Nathan Williams, Alanson Arnold, Eleazer Blackman, Anrin Ralph, John Sidders, Russel Whipple, Sheffield Mills, Jonas Lamphear, Will- iam R. Currier, Manus Griswold, Isaac Barnes. These gentlemen bound themselves, in the pe- nal sum of $1,000 each, to protect and assist each other in their respective elaims, as per the decisions of the committee they had appointed to represent and define their rights.
Their meetings were to be twice a year, or oftener if necessary, and the next one met on the 6th of August, 1836, at the house of Thomas Paxton. This was by the provisions of their compact to be the date of their annual meet- ing.
A new committee was chosen at this meet- ing, consisting of William J. Strong, Thomson Paxton, John Gregg, Warren Smith and Fred- erick Stolp. At this meeting, it was made the duty of the Secretary to record the description of each elaim of the different members, who were to give the same to him within ninety days. The meeting was adjourned to meet again at the same place on the 4th of February the sue- ceeding year.
As already stated, the Big Woods' Claim Protecting Society was the first one of its kind established here ; but previous to its organiza- tion a company of land speculators had entered the Big Woods, and laid claim to several sce- tions of its best timbered land, and for the better security of their lands had built a rail fenee around it. The gentlemen composing this so- eiety gloried in the name of the Land Pirate Company, but their piratical exploits in monop- olizing the timber wanted for the use of the settlers never achieved sufficient notoriety to be lionized as marine highwaymen were by Byron in " The Corsair," for not long after the forma- tion of the Big Woods Society the fence they had built around their claim disappeared, and nobody ever knew who hanled the rails away any more than it was known who, under the guise of Indian plumes and paint, only sixty years before this event, had went aboard the English ships in Boston Harbor, and emptied their tea chests into the sea. One of these tea destroyers survived till about the date of this Big Woods Company's birth, having in his lat- ter years revealed his identity, and, perhaps, some of those who moved away the offending rails, by means of which it was hoped to retain the timber of the Big Woods, may yet tell how it was done, and who did it. Possibly the old veteran of Boston Harbor had set them up to the business.
Land speculators at the time of the formation of this society, were almost as numerous as the actual settlers. They made a business of mark-
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HISTORY OF DU PAGE COUNTY.
ing out claims in a similar manner to settlers, and, after making slight improvements on them, selling these claims to settlers at a large profit. Against this grievance there was no remedy, for it was optional with the settler to purchase his claim or go farther West and make one from the great domain west of the Fox River, between which and the Rock River no claims had been made, except along their immediate banks.
The land south of the Indian boundary line having been surveyed about the year 1830, came into market in 1835. Much of it rested under claims, and a collision of interest came up when the land was offered for sale at the land office in Chicago. Speculators began to bid on it as high as $10 or $15 per acre, and quite a num- ber of actual settlers lost the lands on which they had settled and made improvements ; but the sale had not proceeded long till the claim- ants asserted their rights, backed up by too for- midable an array of force and influence for the speculators to set at defiance, and no more bid- ding on lands under a settler's claim was ven- tured on. The same year, in 1835, the lands along Fox River were partly under claims, and from Joseph Tefft, M. D., a present resident of Elgin, the writer has learned the extent of set- tlements from the present site of Aurora, then known as Waubonsie's Village, to Elgin at that time.
Mr. Tefts came from Madison County, N. Y., and, after making a short stop at a place called the Yankee settlement, on the Desplaines River, he passed through Naperville, and thence to the Fox River, in the autumn of 1835. Where Aurora now is, he found on the west bank of the river a log cabin, where Mr. Wilde lived on land he had claimed. On the east bank were some settlers also, but not more than two or three. Two and a half miles up the river was the Indian burying-ground, where mounds like those in our cemeteries were raised over graves. Here were newly- made graves, for the country was still occu-
pied by a remnant of Waubonsie's subjects. Besides those buried in the ground was the body of a child, incased in birch bark, attached to the limb of a tree far above their reach. where it swung to and fro in the wind. This custom of depositing the remains of young children in trees, thus incased, was not unusual among the Indians. Perhaps it was to rock them to sleep. A Mr. MeNemar then owned a claim at the place, including the Indian ceme- tery. Farther along, a man named Clybourne had a saw mill on a branch of the Fox River coming in from the west, near the present site of Batavia. At the present site of Geneva lived James Herrington, who then kept a store at the place, depending on custom from settlers from a large radius of country around. At the present site of St. Charles lived Mr. Fer- sons, father of Reed Fersons, on the west side of the river. Four miles to the north lived Rice Fay. who came to the place the year be- fore, and had raised a few vegetables and some corn for family use. Not long afterward, Mr. Teffts having made a claim and settled a short distance above him on the river, he came to his cabin to buy a few potatoes, but no per- suasion could induce him to sell them ; but, just before leaving, he gave him some, in which respect he was not unlike many other pioneers. Mr. Fay had a large family. and ground all their cereals for bread in a coffee mill during the winter of 1835-36.
Farther up, where the army trail crossed Fox River, lived Mr. Kendall in a log cabin on his claim. Above him, Ira Minard had a claim on the ground now occupied by the Elgin Insane Asylum.
Mr. Minard, Reed Fersons and B. T. Hunt were the founders of St. Charles.
At Elgin was a log cabin on the west side of the river where Jonathan Kimball lived, who was subsequently Justice of the Peace at Elgin. Phineas Kimball lived on the east side, imme diately north of the present site of the depot.
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HISTORY OF DU PAGE COUNTY.
North of him lived Ransom Olds, and the next who came were James T. Gifford, the founder of Elgin, who built a house near where Mr. Or- lando Davidson now lives ; Hezekiah Gifford, who built a house where George S. Bowen lives, and Dr. Tefft, who settled in South Elgin and now lives in Elgin.
There had been a large Indian village be- tween the present city of Elgin and Dundee, where about three acres of land still bore the marks of their rude agriculture. Similar signs were also apparent at South Elgin, where even some of the tent poles of the Indians were standing where their frail tenements bad but recently stood.
When the inhabitants of these places changed their residence for a winter's hunt, or to make a visit to a neighboring town, sometimes they all went together, with the papoose baby straped to a board which was lashed to the back of the mother. The next two oldest put one each into saddle-bags, and thrown across the back of the pony as we used to take a grist to mill in the olden time. The father then mounted the pony, and then all were ready for a march, the patient squaw having the hardest part, as she tugged the papoose along by the side of her lord, whose leggings her hands had ornamented with porcupine quills or beads.
Fox River was then full of fish, which were caught by the settlers and sometimes salted down for table use in the winter. Beyond these beginnings on the river-bank westwardly, was a waste of prairie presenting no attraction to the settler till the Rock River was reached. To the north no settlements had been made till the vicinity of Green Bay and Fort Howard was reached. To the east was the mushroom town of Chicago, waiting the completion of the canal as a voucher for ultimate grandeur. Be- tween this germ cell of a city and the Du Page was first a dismal swamp, drained in its western verge by the Desplaines River, on the banks of which Mr. Barnardus Lawton had established
a hotel that old settlers still hold in grateful remembrance.
Southward of the Du Page settlement-we must remember that at this date of which we now speak, 1835, it belonged to Cook County- was a country settled more and more densely the farther one went, till he reached Edwards County, opposite St. Louis.
These were the surroundings of what is now Dn Page County, when the claimants of land here first put down their stakes, not to be pulled up again, and united their wisdom in council at the Big Woods, for the purpose of uniting their musele, if necessary, to protect each other in getting deeds of the lands which their labors were about to make valuable. In this there was no law but the higher law to protect them, and this they were bound to employ. That dis- putes, and what are called old-claim feuds, arose, is true, but they had their origin in the same misconception of the principles of justice that give rise to law suits now, and not in the action of the league.
A society having similar objects in view as the Big Woods Society, was formed in Naper- ville October 28, 1839. It was called the Du Page County Society for Mutual Protection. For a record of this society, we quote from Richmond & Vallett's History :
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 Du Page 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 pre- sent for the consideration of this meeting, in com- pliance with which, said committee respectfully beg leave to present the following:
Situated as we are upon Government lands, which have, by the industry of the settlers, already be- come highly valuable, and inasmuch as our claims lie in such a variety of shapes, and are of such dif- ferent dimensions that they cannot in any manner correspond with the Government survey, it appears necessary, in order to prevent the most fearful con-
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HISTORY OF DU PAGE COUNTY.
sequences, 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 hereinafter 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 ac- complish this end, we recommend the following regulations:
First. We do hereby form ourselves into a so- ciety, to be called the Du Page County Society for Mutual Protection, and agree to be governed by such prudent rules and by-laws as the society may hereafter adopt, not inconsistent with the laws of the country; and that we will make use of all hon- orable means to protect each other in our respective claims, as may hereafter be agreed upon and re- corded; and that we will not countenance any un- just claim, set up by speculators or others ; and we declare that the primary object of this society is to protect the inhabitants in their claims and bounda- ries, so that each shall deed and redeed to the other as hereinafter mentioned, when the Government survey does not agree with the present lines, or lines which may hereafter be agreed upon.
Second. That there be a committee of five ap- pointed at this meeting, three of whom may form a board of arbitration, to decide from legal testimony, all disputes respecting the lines or boundaries of any claim to 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 ap- pear that such dispute has previously been decided, by an arbitration held by the agreement of the par- ties, which shall be a bar against further proceed- ings of said committee, except as to matter of costs.
Third. That each of the said committee shall be entitled to $1 per day, for each day officially en- gaged.
Fourth. That in all cases where the parties cannot establish their lines, either by reference to their neighbors or otherwise, either party may, at any time, by giving to the other ten days' notice of his or her intention. call ont at least three of the board of arbitration, to decide the same, and their decision shall be final.
Fifth. That there shall be one Clerk appointed at this meeting, who shall keep a fair record of all transactions of this association, and also of all de- scriptions 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 certificate
signed by a majority of any arbitration, met to es- tablish any line or lines of said claim; and that the said Clerk shall be entitled to 25 cents for recording each claim and certificate.
Sixth. That it shall be the duty of every settler to present to he Clerk, a definite description of his or her claim, either from actual survey or other- wise, and also to set liis 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 appointed at this meeting, for the pur- pose of carrying into effect the sixth regulation.
Eighth. That the settlers on the school lands ought to obtain their lands at Government prices.
Ninth. That we will firmly and manfully pro- tect all who conform to the above regulations pre- vious to the 1st day of Jannary, 1840.
Which report and regulations were unanimously adopted, and ordered to be embodied in a consti- tution.
Thereafter, on motion, a committee of six was appointed by the chair, to nominate a board of ar- bitration and Clerk, viz., Lewis Ellsworth, Elihn Thayer, Luther Hatch, Cornelius Jones, Job A. Smith and David S. Dunning; who, having retired, returned and reported Lyman Meacham, Erastus Gary and Stephen J. Scott Board of Arbitration, and P. Ballingall, Clerk; which nominations were ap- proved of.
Whereupon, it was moved and adopted, that the following persons be the precinct committee, viz .:
Naperville Precinct-Stephen J. Scott, Henry Goodrich, Nathan Allen, Jr.
Webster Precinct-Jobn 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, William Kim- ball, Enther F. Sanderson.
Du Page Precinct-Warren Smith, Lorin G. Hul- bert, Alvah Fowler.
Big Woods Precinct-John Warne, Levi Leach, William J. Strong.
Resolved, That this meeting adjourn till the first Monday in January, 1840.
RUSSELL WHIPPLE, Chairman.
JAMES C. HLATCHI. Secretary.
At a meeting of the " Du Page County Society for Mutual Protection," held at Naperville, the 6th day of January, A. D. 1840, in pursuance of ad-
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HISTORY OF DU PAGE COUNTY.
journment, 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 1st day of March next.
On motion of Mr. James C. Hatch,
Resolved, That the claims belonging to members of this society which lie on the line of or in another county shall be entitled to record and protection, on the member complying with the fifth regulation.
On motion of Mr. Lyman Meacham,
Resolved, That when a claim belonging to a mem- ber of this association shall border on that of a non- resident, or that of a person out of the State, or on land not occupied, the same shall be recorded if a certificate from the adjoining elaimants be attached thereto, certifying to such non-residence, absence or non-occupancy, and that there is no dispute concern- ing 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 January, A. D. 1840, in pursuance of adjournment, Stephen J. Scott was appointed Chairman.
Resolved, That James Johnson and Isaac B. Berry be allowed another 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, re- moval 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 But- terfield, Church and Arnold, as the same has been recorded.
Resolved, That this meeting adjourn till the first Monday in May next.
P. BALLINGALL, Clerk.
At a meeting of the Du Page County Society for Mutual Protection, held at Naperville, on Monday. the 4th day of May, A. D. 1840, pursuant to adjourn- ment, 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.
Resolved, That this meeting adjourn to the first Monday in June next, then to meet at Naperville.
J. F. WIGHIT. Clerk pro tem.
At a meeting of the Du Page County Society for Mutual Protection, held at Naperville, on Monday, the 1st day (being the first Monday) in June, 1840, pursuant to adjournment, Capt. John Stevens was appointed Chairman.
Patrick Ballingall, Esq., having resigned the office of Clerk of this society, on motion of Mr. Ilunt,
Resolved, That James F. Wight be and is hereby 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 September next.
On motion of Mr. James C. Ilatch,
Resolved, That the Clerk hereafter record no cer- tificates 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 snch certifi- cate, that the applicant shall make oath that no other person except those named in such certificate adjoin him.
Resolved, That the Clerk shall 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 adjonrn to the first Monday in September next, then to meet at the Pre-emption House, in Naperville, at I o'clock P. M. JAMES F. WIGHT, Clerk.
At a meeting of the Du Page County Society for Mutual Protection, held at Naperville, on Wednes- day, the 3d1 day of March, 1841, Hon. Russell Whip- ple was called to the Chair, and Morris Sleight ap- pointed Secretary.
After the object of the meeting had been stated by Stephen J. Scott, the following persons were ap-
D. Struckmann (DECEASED)
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HISTORY OF DU PAGE COUNTY.
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.
On motion of N. Allen, Jr., Esq., Alymer 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 committeee appointed to draft resolutions reported the following, which were adopted, with one or two dissenting 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 pos- session 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 ex- citement and confusion, if not to interfere with the rights of others; therefore be it
Resolved, 1. That we will not prove up our pre- emption claims, even when justly entitled to do so, except in eases where it may be deemed necessary to secure the claimant; but that we will not do so with- ont the consent of a committee to be appointed by this union or the several 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 ean pre- vent it.
Resolved, 3. That when the inhabitants of any township shall guarantee to those on the school sec- tion, and entitled to a float, that they shall have their claim at ten shillings per aerc, 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.
Rosolved, 4. That it is the duty of this association to take measures to secure to elaimants on the school section their claims at government priec.
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 town- ship refuse to guarantee, as in the third resolution.
Resolved, 6. That the several townships in this
county call meetings, and make 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, and ask of the Register and Receiver to act with regard to lands in this county on the spirit of the resolutions liere passed.
Resolved, 8. That the proceedings of this meeting be signed by the Chairman and Secretary and pub- lished iu the Chicago papers.
Subordinate claim societies were organized in each of the precincts of the county ; the set- tlers pretty generally 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 specu- lation somewhat, and but few were able to pur- chase the land which they had improved, and some were unable to do that. 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 neigh- bors. In a few cases some less scrupulous refused to deed lands in their possession to the rightful owner, and, in consequence, quarrels and some suits at law were the result.
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