History of Effingham county, Illinois, Part 5

Author: Perrin, William Henry, d. 1892? ed
Publication date: 1883
Publisher: Chicago, O. L. Baskin & co.
Number of Pages: 650

USA > Illinois > Effingham County > History of Effingham county, Illinois > Part 5

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The territory comprising Effingham County was taken from Fayette County. Fayette was taken from Bond, and Bond from the good old mother county of all the counties in Illinois- St. Clair. In the royal train of daughters of St. Clair County this would, properly speak- ing, be a great-grand-daughter,

This county is just thirty days the junior of Cook County. Chicago was then a small, out- lying precinct of Crawford County, that so worried the Tax Collector when he had to go there to collect the taxes, as it would cost him always more than the entire tax to defray expenses.

The act incorporating Effingham County proceeds in the usual phrascology of such enactments, and defines the boundary lines as follows :

" Beginning at the northwest corner of Jas- per County, running south with the line there-

of to the southeast corner of Township No. 6, thence with the line dividing Townships 5 and 6 to the northwest corner of Township 5 north, in Range 4 east, thence north with the town- ship lines to the northwest corner of Section 19 of Township 9 north, Range 4 east, thence east with the section line to the northeast cor- ner of Section 24, Range 6 east, thence south with the township line to the southeast corner of Township 9 north, thence east to the north- east corner of Township 8 north, in Range 7 east, and thence south with the range line to the place of beginning."

The act appointed John Haley, James Gal- loway and John Hall Commissioners " to lo- cate the seat of justice for Effingham County."

' It then recites that "the said Commissioners, or a majority of them, are hereby required to proceed to examine the said Commissioners (sic?) respectively, at any time they may agree upon previous to the 1st day of November next, and, with an eye to the best interests of said counties, shall select a suitable place for the seat of justice."

" The Commissioners respectively are hereby empowered to receive from the owner of such land as they may select for the purpose afore- said, a donation of not less than twenty acres. Or they may receive donations in money, which shall be applied to the purchase of lands for such purpose, and, in either case, they shall take good and sufficient deeds therefor, grant- ing the land in fee simple for the use and ben-

HISTORY OF EFFINGHAM COUNTY.

efit of said counties. The Commissioners, if they sball seleet lands belonging to the Gov- ernment, shall purchase a half quarter-section for the use and benefit of such county, pro- vided they shall receive donations in money sufficient to make such purchase or purchases."

The act proceeds to state that "when the Commissioners shall have made the selections of land for the county seats of the two coun- ties, they shall report their proceedings to the Reeorder of Crawford County for Jasper and to the Recorder of Fayette County for Effing- ham." It then requires the Recorders of these counties to keep the same in their respective offices until the said counties shall be organ- ized, when they shall transmit the same to the Clerks of the County Commissioners' Court of the aforesaid new counties respectively."

If the Commissioners for this county, Messrs. Haley, Galloway and Hall, ever made a report of their proceedings in selecting a seat of justice for this county to the Recorder of Fayette County, as the law required. it can- not now be found in the records. There is no doubt but they did. They selected Ewington, and named it in honor of Gen. W. L. D. Ew- ing, then a leading lawyer and afterward a prominent politician of the State, who resided at Vandalia.

Why the county was named Effingham is not known. The bill to incorporate the county was the work of Gen. Ewing, William Linn and Joseph Duncan, and it is said the name was the suggestion of Gen. Ewing. James and Joseph Dunean had donated the twenty acres mentioned in the legislative aet when they instruet the Commissioners, all three of them, to act " with an eye to the best interests of the county." How they expected three men to go about the business with " an eye " we cannot imagine.

After the Legislature incorporated the coun- ty, matters seem to have remained quiescent until the 20th day of December, 1832, when

the Legislature passed an act authorizing Effingham County to hold an election " to elect three County Commissioners, a Sheriff and a Coroner." The designated places of clection were Ewington, and the house of Thomas I. Broekett, and further designating Jacob Slo- ver, John Loy and Levi Gorden as the Judges of the election at Ewington, and William Thomasson, M. Brockett and Jonathan Park- hurst the Judges at Brockett's. This election was held January 1, 1833. No record of it can be found. Theophilus W. Short, Isaac Faucher and William J. Hankins were elected the first County Commissioners, and they proceeded to organize the County Commissioners' Court in Ewington on the 21st day of January, 1833, by the appointment, first temporary and then permanent County Clerk, of Joseph H. Gilles- pie, who at once entered upon the discharge of his duties.

Henry P. Bailey had been elected Sheriff at the above-named election. John C. Sprigg had been appointed February 15, 1833, Circuit Clerk of the county by Judge Wilson. Sprigg's com- mission bore date, Vandalia, February 15, 1833.

Here then, February 15, 1833, the whole county legal machinery was put in motion, and Etlingham became in fact as well as in name a live, active, absolute county. The County Court at this term merely organized and ad- journed, no county business being transacted. The court met in session again February 4. Its first official aet was to divide the county into two voting and election precinets. The voting place of one being Ewington, and Levi Jordan, John Loy and Jacob Slover were ap- pointed Judges. The other precinet voted at T. I. Brockett's, and John Martin, William Brockett and William Thomasson were the Judges. Court adjourned. It met again the next month, March, and its first act at this ses- sion was the first time in the life of the county that it made an order on the Treasurer, as fol- lows :

HISTORY OF EFFINGHAM COUNTY.

"Ordered, that thirty cents be paid the County Clerk for postage and one dollar for services, and also one dollar to each of the Commissioners, and one dollar to John Broom for services as Constable at this term of court."

From this very little fountain flows a peren- nial stream that will always flow and never stop .*

In May, 1833, the first Circuit Court con- vened in Ewington. Theophilus W. Smith, Presiding Judge, and John C. Sprigg, Clerk of the Court. Henry P. Bailey, Sheriff. The grand jurors were Seymour R. Powell, foreman, Martin Davenport, John Trapp, John Gana- way, Hiekman Lankford, John P. Fairleigh, Kinton Adams, James Levitt, Alfred Warren, James Hudson, James Martin, Newton E. Tar- rant, James Neal, Stephen Austin, Harrison Higgs, John Martin, Charles Gilkie, Levi Jor- dan, Levi Self, Thomas I. Brockett, James White, Robert Moore, Samuel L. Reed.

The petit jurors were Uriah Moore, Thomas Williams, Ben Campbell, John Mitchell, John George, John Allen, Jacob Slover, Joseph Nes- bitt, Andrew Martin, Jesse White, James Ilowell, Amos Martin, Richard Cohea, Andrew Lilly, John Maxwell, Dan Williams, Duke Rob- inson, Henry Tucker, James Porter, William Tibbs, Jesse Fulfer, Enoch Neaville, John K. Howard, Michael Robinson.

There were four cases on the docket, name- ly : John Beasley vs. Robert Moore, trespass on the case; Andrew Bratton vs. Simeon Perkins, appeal ; John Maxfield vs. John W. Robinson, ditto ; William MI. MeConnell vs. Jacob Slover, sci fa to foreclose. There were three lawyers at this court, namely : A. P. Field, Levi Davis, W. L. D. Ewing. Of these Levi Davis, of Alton, is the only sur- vivor. The grand jury returned three indict- ments into court : T. W. Short, for selling liq-

uor without license, William Crisap, adultery, Martha Hinson, fornication, and adjourned its labors.

At the June term, 1833, of the County Com- missioners' Court, the only business was the following order :

" That J. H. Gillespie be allowed for elerk- ing on day of sale of lots, 1.50, ordering bonds, .50. 2 quoirs of paper for to make rec- ord books, 50 cts. Rent of house for holding court in, 1.50."

These record books, for which " 2 quoirs of paper" were purchased, "for to make," are lost. A fact much to be regretted. At this term of the court, James Turner succeeds Fan- cher as Commissioner, but there is no explana- tion how this came about. The County Court appointed John Loy County Treasurer, and William J. Hankins County Surveyor. In 1833, there was a public auction of lots in the do- nated twenty-acre part of the town of Ewing- ton, S. R. Powell, auctioneer, and J. H. Gilles- pie, clerk. Twenty-two lots were sold. The highest price paid was $64, by Hankins, and the lowest was $8.123. The average price per lot was $24.46. About ten times their value NOW.

The county court made an order to T. W. Short for $1.87}, "for whiskey furnished on the day the lots were sold." The county was divided into three road districts, and Road Su- pervisors appointed, Andrew Bratton for Dis- trict No. 1, Jonathan Parkhurst, No. 2, and John Broom, No. 3. The subjects of county and cart roads was of the first importance to the people. Among the first aets of the Commis- sioners was to order N. E. Tarrant and Joseph Rentfro to lay out a cart road from Ewington to the county line, in the direction of Wither- spoon's mill, in Shelby County. Another road was made, a county road, and ordered worked, namely, a road from Fairfield, via Ewington, to Shelbyville.

The Government had commenced work on

*The first Constables in the county, John O. Scott and John Broom, attended upon this court. A license to sell goods was granted to John Funkhouser, and at the next June term Eli Cook was granted a similar license.

HISTORY OF EFFINGHAM COUNTY.

the National road in 1829 in this county, and a considerable force was stationed at the Little Wabash, engaged in building a bridge across this stream. Workmen's shantics had been constructed, and this fact, no doubt, caused Ewington to be selected as the county town. They were very rude, miserable pens and sheds, and yet the first people there, as well as the first Circuit Courts, utilized them as tempo- rary resting places.

The work on the National road in this coun- ty stopped in 1833, a little west of Ewington. The bridge across the Little Wabash, although expensive, was a tumble-down affair. It was soon washed away, and the stone abutments were carried off by the people to wall their wells and for foundations for their buildings.

The new county was thus left much as na- ture had made it in regard to roads. A pony mail, at first weekly, was carried from Terre Ilante to St. Louis. Another mail route, of the same kind, was from Fairfield to Shelby- ville. When the streams raged the mails stopped. But as there were few people here, and still fewer that could read and write, and as letter postage was 25 cents, and not prepaid at that, it was probably a blessing that the people were not smothered with our mod- ern avalanche of mail matter. Nevertheless, a crying want of the people-a want not yet wholly satisfied, although many thousands of dollars have been washed toward the Gulf in the form of bridges-was roads, and passable bridges across the streams. The Commission- ers made commendable efforts to supply this want. But they were not skilled civil engi- neers, nor were their contractors, apparently, that did the work. But they had this great advantage of the present. They built cheap structures, and when they floated away upon the muddy torrent, they left at least the conso- lation that they had not bankrupted the un- born generations to come.

The court notified contractors to send in

their bids for a number of contemplated bridges in the county. James Cartwright and T. W. Short, John Funkhouser and Gillen- waters, among others, seem to have been the principal builders. There were neither pens, paper nor circumloeution wasted in, these im- portant business papers. For instance : " I will build the bridge across the Wabash at Brockett's for $588. (Signed) John Trapp." Or this : "I will dam the work agreeable to the present contract for one hundred and fiff- teen dolls if high water dont prevent. T. J. Gillenwaters."

Can the school-teacher improve on this :

" James Cartwright, bid for Brig $158.00." Or,

" I will do the work at Ewington bridge for a dollar less than any responsible bidder.

"JouN FUNKHOUSER."

These papers were not addressed to any person or thing. They were without date or flourish of any kind. E pluribus unum.

The next pressing public necessity after roads and bridges, seems to have been a county jail, induced probably by the following : On the 30th July, 1833, John Cooper was ar- raigned before Esquires Gillespie and Han- kins for larceny. The preliminary examina- tion resulted in the following commitment : "it was adJudged by us that thar was proba- ble ground for his guilt and hes failed to give security for his appearance at the next cir court he was committed to the jail of Shelby county as there was no jail being provided in this county." To this incentive was soon after added the circumstance that one Charles Lewis was arrested for a horse-thief. And during 1834-35, Sheriff Bailey certifies that nearly every able-bodied man in the county was paid in county orders for at one time or another guarding Lewis. The fact is, the expense of holding this man a prisoner for more than a year cost the county double all other county expenses except bridges. In 1833, a jail was

HISTORY OF EFFINGILAM COUNTY.

built, made of logs, and was locked with a very fair padlock: There was not money enough, it seems, to buy the lock for some time, but as the door swung outside the Sheriff propped it good and fast with leaning poles and rails. We will do the court the justice to mention that this was intended only as a temporary structure. It answered very well to hold men while they were sleeping off their drunks. In fact, it did in its time keep safe sober criminals when it was constantly sur- rounded by well-armed, vigilant guards. The architect and superintendent of this public structure was T. W. Short. The county paid him $10 for his services. Levi Jordan and James Kral were paid $496 for building the jail.

At the March term, 1834, appears the follow- ing order : "Ordered that the coart proceede to a point a county treasurer for the present Year. What a pon it a peared that John Loy and T. J. Gilenwaters was aplicants it apears that John Loy is apointed."

The election of a Treasurer being so suc- cessfully completed, the following county leg- islation was had : " Ordered, That no Tavern- Keeper or Grocery Keeper in this County shall charge more than twenty five cents for a meals vituels and Twenty Five Cents for a Horse feed Lodging 12} Cents. Twenty five Cents for a quart of Whiskey and twelve and a half Cents for a pint of Whiskey, not exceed- ing fifty cents a quart for Brandy, Wine and Gin and not exceeding eighteen and three fourths Cents per half pint for Brandy Wine and Gin Rum at the same as Brandy Wine and Gin."

Bless their good old souls ! They gave no heed to those vile decoctions, lager beer, apple- jack aud black strap !

The jail being off the hands of the court, and a secure place provided for the surplus part of the community, the following proceed- ings were had with a view to restraining the

running at large of other stock : "Ordered, that the letting of the bilding of an Estray Pon be let to lowes and mos responcible bider on the 13 day March in the town of Ewington to be sitawated on the north west corner of the Publick sqare of the following description to Wit Sixty fete Sqare the ponnells ten fete long the posts to be of Mulberry hewen eight inches sqare two feet in the groun and seven fete and ahalf above the two fete in the to Scorched the Railing to be of White Oak tim- ber such as will not spring either hewen Sawed or Split to be not over six inches wide nor under three thick oll of which shal be in com- plyance with Law regulatin the building of Estray Pons and that the Clerk Advertise the sam by pasting written notices."

At March term, 1835, contract made to build court house. Contract price $580.37}. Built same year by Hankins & Cartwright.

December 11, 1829, Robert Moore purchased at the Land Office in Vandalia the east half of the southeast quarter of Section 7, Township 8 north, Range 5 east-the first land entry ever made within our county limits.

July 9, 1830, Riley Howard entered the west half of the southwest quarter of Section 11, Township 7, Range 4. September 30 of the year, Robert Moore entered the east half of the northeast quarter of Section 18, Township 8, Range 5.

In 1831, there were four land entries-R. Peebles and W. H. Brown in Section 7, Township 5; Alfred MeDaniel the northeast quarter of the northeast quarter of Section 2, Township 6. Range 5, and some Polanders en- tered a half quarter-section in the northwest part of the county. There were no entries in 1835. Several small tracts in 1833, then there were a very few scattering entries until 1838. This year and 1839, the land market was act- i've for this county, due to some extent that it was these two years that marked the advent of the Germans that have built up Teutopolis

HISTORY OF EFFINGHAM COUNTY.

and now own a large portion of the surround- ing country.

The first deed recorded in the county bears date February 27, 1833, Isaac Fancher and Amy Fancher, his wife (her mark), to T. J. Gillenwaters; consideration $500, and conveys by quit claim east half of northwest quarter of Section 36, Township 8 north, Range 5 east. The officer vouches that he " examined the wife separtely," etc. Then follows a number of deeds by different men and their wives in which there is nothing of special interest until one is reached that is signed by T. W. and Sally Short. Sally was the first woman that ever in an instrument of record in the Circuit Clerk's office who did not make "her mark." The land market continued exceedingly dull, and entries few and scattering over the county until 1852-53. Then people began to realize that a railroad was coming-coming like a ray of light and hope. To this stimulant of the land market was added the enactment by Con- gress of what was known as the "Swamp Land Act." by which, upon proof by the coun- ties that certain land were "swamp and over- flowed lands," the Government would give all such lands to the respective counties (really first to the State and the State to the counties) that were not entered, and if entered, then the Government would refund the entry money in kind.

In 1856, Congress had passed the " Bit Act." In other words, it said that all lands that had been a certain number of years in the market could be entered for 12} cents per acre, provided the applicant therefor made oath that he was buying for his own use and for actual settlement and cultivation. It is as- tonishing what a spontaneous uprising of actual and intended farmers this act made in a night, in and around Vandalia, of all classes of men, women and even school children. The act was a wise one, and it closed the Vandalia and all other land offices in Illinois, except Springfield,

where the others were taken to. Thus all the lands became corporate and private property, and in one way or another have been made to contribute their share to the wealth of the country.

In 1835, the County Court removed Loy from the Treasurer's office and elected Sam Huston, and at the same time appointed Huston a Commissioner to take the county census. The enumeration of the people was carefully made and, from the best data now to be found (Huston's books being lost), the entire popula- tion was about one thousand or one thousand and eight in the year 1835. These settlements still were Blue Point, Ewington, on the Lower Wabash, on Fulfer and Second Creeks and in Union Township.

Loy was County Treasurer in 1833 and 1834, and his 2 per cent for the funds for two years amounted to $8.87₺. Or in other words, the entire funds the county possessed for two years was $443.75.

From the organization of the county until some time in the " forties" the entire tax upon all property was five mills on the dollar. The whole revenue from taxes in the county the first year was $50. The next year it rose to $58 The increase upon these figures was very gradual. Indeed, so much so, that in 1837 the total revenue collected in the county was $122.27.

The heaviest taxpayer in 1837 in the county was John Funkhouser, $5. The next heaviest, Robert Moore, $3.25; John Martin, $3. Then followed John McCoy, Presley Funkhouser, Riley Howard, W. J. Hankins, Bartholomew McCann, William Freeman. C. Duncan and John Trapp, $2 each. T. J. Gilleuwaters paid $1.75. There were 142 names on the tax book, and they averaged 864 cents eaeh.

If there were any tax-record books before the year 1837 kept, which is very doubtful, they are lost now. The tax record of 1837 is a little book of ten pages, made for a school

HISTORY OF EFFINGHAM COUNTY.

copy book; has a paper back, on which is a wood-cut intended, probably, to represent a school-room exhibition day. The audience is represented by four or five grown people, all sitting straight as arrows and as flat against the paper as if they had been just taken out of a hydraulic tobacco press ; a like number of similar looking children are perched in a row on benches, and a putty-faced little Henry Clay is on the rostrum. His left hand and arm is pasted flat and tight to his leg, his right arm is stiff and straight at an angle of forty-five, and you can almost hear his piping treble as he exclaims:

" How large was Alexander's paw!"

The cost of this record book could not have been less than five cents, because that was the smallest money they had in those days, and for the further reason that then it cost money to indulge in the decorative arts. It is said that the purchase of this book made a profound sensation thronghont the county and became the ruling question in politics for some time, some contending it was too pretty a book to spoil by writing in it, others holding that such extravagance would be ruinous to all, and still others saying that they believed in the county keeping in the lead in the fine arts, even if it did cost money. This public discussion evidently taught the official a lesson, because the book for the next year was made at home, and consisted of foolscap paper cut and stitched.

In 1838, W. J. Hankins certifies to the County Court the following as the total rev- enue of the county :

Tax on personal property $162 573

Real estate for 1836-37-38. 29 45

Total. .$192 02}

Marrying and Giving in Marriage .- There were weddings here when the parties nad to go to Vandalia to get the license, among the earliest of which was the marriage

of Burgess Pugh to Pamelia Jenkins, 1S29. Mrs. John O. Scott informs us she attended this wedding as a young girl. She remembers the bride had on some kind of a white dress and store shoes ; that there was chicken pie and honey for dinner. John Trapp performed the ceremony, and when it was over the groom told him he would bring him his pay in a short time in "real strained beeswax." About the same time Mike Robinson and Delilah Pugh, and Enoch Neavills and Laura Pugh, Jesse White and Katie Neavills, Mary Parkhurst and James Porter were all married.

The first marriage license issued from the county was January 21, 1833, to James C. Haden and Nancy Nesbitt. The next was March 28 of the same year, to John O. Scott and Patsy B. Parkhurst. The County Clerk was very cautious about issuing marriage licenses without first having the parents' or guardians' consent, as the following will show: " Mr. hankins ples ishne my son tieklen Mcoy licens for Marrieg for I hav noe objec- tions to the sam, Nov. 1835."

Again:

" Mr. Hankins, pleas to let +John Chadwell hav Liesns and you will oblige your friend I Kant atend to git my sell'.

" RICHARD CONEA."

It is proper to explain the above by stating that Chadwell married Elizabeth Cobea Novem- ber 19, 1835.

Micheal Broekett married Mary Thomasson August 18, 1834.

It is certified in the records that on 27th April, 1835, was " Laufley joined to gether as husban and Wife Jackson tiner, and Sin they Land."

On 13th June, 1833, Pendleton Nelson mar- ried Eliza Martins.

July 12, 1836, Alexander MeWhorter mar- ried Margaret Loy.

The following tells the story for Elizabeth Sullivan:

HISTORY OF EFFINGHAM COUNTY.

"I asserte that Eleizabeth Sullivan is over eighteen years old, and is her own agent.

" Dec., 1834. " P. A. T. SULLIVAN."

This document clears up all doubts as to whether Pat was willing to act as the agent for Lizzie in the matter of marrying or not. He evidently was not. But when he was for the last time appealed to to do something, his ruddy face glowed a little more than usual, and he stormed and raved and called for pen, ink and paper, and fixed himself at the table to fire at the County Clerk the above formidable State paper. The imagination can almost see him as examines carefully his pen, dipping it into the ink, sueking it clean, and again closely examin- ing it, before spreading himself all over the table and biting his tongue; the old goose-quill fairly creaks and sputters as he puts upon the virgin paper the truth about his daughter being " her own agent." He boldly "asertes " that she is, and holds himself ready to pummel all who doubt it or say one word to the contrary.

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History of Effingham county, Illinois, Part 5

Author: Perrin, William Henry, d. 1892? ed Publication date: 1883 Publisher: Chicago, O. L. Baskin & co. Number of Pages: 650

Author: Perrin, William Henry, d. 1892? ed
Publication date: 1883
Publisher: Chicago, O. L. Baskin & co.
Number of Pages: 650