USA > Illinois > Fayette County > History of Fayette County, Illinois > Part 5
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"MANUAL LABOR SEMINARY."
t An Act to incorporate the Fayette County Manual Labor Seminary. SECTION 1. That Harvey Lee, William Walters, James Black, Charles Prentice, Asahel Lee, William Linn, Moses Philips, J. M. Morse, N. M. McCurdy, Robert Blackwell, and Francis B. Hickman, be, and they are hereby created a body corporate and politic, by the name and style of the "Trustees of the Fayette County Manual Labor Seminary," and by that style and name to have perpetual succession. The said seminary shall be located on some eligible situation, in the township in which the town of Vandalia is located.
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Among the liberal provisions of the charter may be mentioned. * * * * *
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SEC. 6. The said institution shall be open to all denominations of Chris- tians, and the profession of any particular religious faith shall not be required of those who may desire to become students in said institution. * * * * * * *
Szc. 8. This act shall be in force from and after its passage. (This bill having been laid before the council of revision, and ten days having inter- vened before the adjournment of the general assembly. and the said bill not having been returned with the objections of the council, on the first day of the present special session of the General Assembly, the same becomes a law. Given under my hand, the 11th day of July, A. D. 1837. Though the law was undoubtedly a good one its powers since were never carried out. A. P. FIELD, Secretary of State.
PRIVATE LAWS AFFECTING FAYETTE COUNTY.
An Act disposing of the public property in Vandalia. Approved Feb. 19th, 1839.
SECTION 1. P. 134. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the house on the public square
* Laws of session of 35.
t Private Laws, 1837. # Private Laws, 1839.
in Vandalia, now occupied and used as a state-house, be, and the same is hereby granted to the president and trustees of the town of Vandalia, and to the County of Fayette, to be owned, occupied, and be used by the said corporation and county, in severalty as follows: The west half of said bouse. making the centre of the passage below and above the line of division, sball be used and occupied by the county as a court-house, or place of holding courts for said county, and for public offices, and shall be under the control of the county commissioners of said county, as other public buildings: the east half of the said house shall be under the control of the said President and Trustees of the Town of Vandalia, and used for school purposes. and such other purposes as said president and trustees may deem for the interest of the inhabitants of the town, with this condition, that if at any time here- after, a county seminary shall establish in said county. the said east half of said house, or such part thereof as may be required, shall be used and occu- pied for that purpose, under the control and direction of the authority which may govern the said seminary.
SEC. 2. The county commissioners of Fayette County may select a suffi- cient number of stoves, chairs and tables out of the state house for the use of the court-house and clerks' offices, which shall be delivered over to then. by the persons having charge of the same, and the president and trustees of the town shall also select the same description of articles for the use of the part of the house, granted to the corporation; and all furniture remaining in the house, after the selection aforesaid, shall be delivered over to the president and trustees, of said town, to be sold under their directions, and the proceeds of sales vested in a library, for the use of the inhabitants of the town.
SEC. 3. The square on which the State-house stands shall forever remain a public square, subject to be enclosed and used as at present, and never to become private property
SEC. 4. All the lots owned by the State, situated in Vandalia, which have not been appropriated to some use, are hereby granted to the county of Fayette, and the County Commissioners of said county are hereby authorized to sell said lots, and appropriate the proceeds of such sale to the making or re pairing of bridges in the county of Fayette. This act shall be in force from the date at which the public offices shall be removed from Vandalia.
The Seminary mentioned above lived only for a short time, and the Trus- tees subsequently sold out its interest, in the public building formerly used as a State-house to the county, since which time the entire building hus teen used for county purposes.
The following certificate and letter is inserted for the purpose of showing the change public opinion has undergone in relation to slavery, between the years 1817 and 1839 :
The certificate explains itself, and goes far to prove how very unenviable was the position of our colored brethren in the early part of the present century. It is not at all surprising that the negro Nelson should endeavor to make his escape from a master who took so little interest in him, that he could furnish no discriminating marks to distinguish him save those he had caused to be inflicted at the whipping-post.
SHELBYVILLE, March 26th, 1817.
We certify that Michael Collier, Jr., Had a Negro Man Ranaway on the first day of September Last named Nelson five feet seven or eight inches High, about twenty-four years of age well made to his height He is Mark'd on the Back by the whip at the whipping-post no other marks Recollected
ALBERT BRITES JNO. HALL BENJ. LOGAN A. SMITH JOS. SINNALL
The certificate above contains the imperfections in spelling and punctua- tion, of the original.
Most of the readers of this work are familiar with the law of requisition, pertaining to fugitives from justice from another State. On the 6th of May, 1889, an act was passed by the Legislature in the State of New York, rela- tive to the detention of such fugitives. The Governor of that State trans- mitted copies of this law to the Executive of each of the States of the Union, to the end that reciprocal laws might be enacted by such States. The following is a copy of the letter accompanying. The Act, signed by William H. Seward, then Governor of the State of New York, to Thomas Carlin, the then Governor of the State of Illinois.
STATE OF NEW YORK.
EXECUTIVE DEPARTMENT, 1
Albany, May 20th, 1839.
HIS EXCELLENCY, THOMAS CARLIN, Governor of the State of Illinois.
SIR :- I have the honor to transmit a copy of a Law of this State, passed at the recent session of the Legislature, entitled " An Act to authorize the arrest and detention of fugitives from justice from other States and Territo- ries of the United States.'
It is the opinion of the Legislature of this State that the general welfare would be promoted by the enactment of similar laws in the several States and Territories. I respectfully submit the subject to your Excellency's con- sideration. I have the honor to be Very Respectfully,
Your obd't servant,
WILLIAM H. SEWARD.
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HISTORY OF FAYETTE COUNTY. ILLINOIS.
The capital was removed to Springfield in 1839, as provided by the act of 1833. Vandalia rapidly declined in population, and for a number of years it seemed destined to disappear. It recuperated, however, and is now & thriv- ing and important city with a population larger than ever before. The open- ing of two trunk lines of railroad which intersect at this point, and the steady growth of the country in population and wealth, have all conspired to aid in its prosperity.
The increase in population for the twenty years ending in 1870, was as follows :-
1850
8,075
1860
11.189
1865
15,967
1870
19,637
and is now 1878, estimated at
25,000.
FAIR GROUND RAID.
During the late civil war, public sentiment in Fayette County, was divided as to the policy of the government during the prosecution of the war. A series of unfortunate circumstances occurred, which served to increase sectional ani- mosities. In 1863 the Prov. Marshall, Jas. F. Han, with thirteen soldiers commanded by Capt. Somerville. went down to Seminary township to arrest some deserters. One of the soldiers was shot from the road-side, supposed to have been done by one of the deserters. No deserters were found. The command however arrested three citizens, to be held as kind of hostages, un- til the deserters should be surrendered ; as they were returning to Vandalia, and in passing a school-house on the road near Robert Mitchell's place, they were fired upon by parties in ambush, and Capt. Somerville was wounded in the arm. A short time thereafter the arm was amputated, from the effects of which he died. Marshall Han brought the three men to Vandalia. They were taken thence to Olney, Ill., the headquarters of Col. O'Kane, Marshall of the district.
At this time there was an organization in the County which claimed for its object the protection of the citizens, from what they termed arbitrary arrests. They assembled at the fair ground in numbers variously estimated at from three to five hundred men, officered and equipped with shot-guns. rifles, re- volvers, etc., ready to defend what they misconceived to be their rights. These men were congregated principally from Fayette and Bond Counties, with the avowed purpose of rescuing the three citizens who were taken to Olney by the marshall. After being stationed at the fair ground for a short time, they were removed some distance west of Vandalia, where they went into camp. Fresh arrivals increased the number to about seven hundred.
A public meeting was called in Vandalia, and a committee appointed, consisting of Mathias Fehren, Col. Fred Reaman, Michael Lynch, Jacob Fouke aud C. W. Higinbottom, were sent down to Olney to secure if possible the release of the three men. The committee had an interview with Col. O'Kane, who afterwards sent a small detachment of soldiers to Vandalia. The crowd on learning that they were likely to come in contact with United States troops, speedily abandoned their warlike attitude and dispersed on the evening of Aug. 27, 1863.
The above combination we are informed had no connection with the Kling- man gang, who committed several depredations in the County.
CHAPTER X.
BENCH AND BAR. RECOLLECTIONS OF THE EARLY BAR BY COL. FERRIS FOREMAN.
O state in the Union can boast of greater legal talents than Illinois. In the past her sons have occupied the foremost rank in a profes- sion the most noble engaging the attention of man. And in the present she is assuredly not behind the standard as established by such men as Douglass. and Lincoln. The following interesting memoir of Col. Foreman will prove entertaining and instructive.
In the spring of 1836, I arrived at Vandalia and found Alexander P. Field, Levi Davis and W. L. D. Ewing practicing law at that place. Col. Field was then and some years thereafter secretary of state, and Davis was auditor of state. Davis and Foreman became associated as partners in the practice of the law until the year 1838, when the seat of government was removed to Springfield, at which time Davis and Field both left with the seat of goveru- ment, though both of them kept up their practice in Fayette County for some years thereafter. Ewing was more of a politician than lawyer. Foreman continued in the practice until the war with Mexico, in which having served twelve months he remained in Vandalia up to the spring of 1849, when he went to California, where he remained some sixteen years. As early as 1836 prac- ticing lawyers were in the habit of traveling upon the circuit, many of the Counties in those days having no resident lawyers. Field was a successful advocate. His oratorical powers were of no common order. His reputation as an advocate and criminal lawyer was known and appreciated beyond the limits of his own state.
In the year - - an affray took place between two members of the Legislature of Wisconsin, in which one of them was killed in the hall of
legislation. Col. Field was sent for, and after a long and serious litigation he was successful in acquitting the assailant in the fight. The accused, James Vinezard and his attorney. have both gone to render their account and to re- ceive the judgment of a higher than an earthly tribunal. Field, after prac- ticing some time in St Louis, Mo., removed to New Orleans, La., where he died within the last two years while attorney-general.
Genl. Ewing, after the removal of the seat of government from Vandalia, was elected to the legislature and speaker of the house of representatives in the year 18-, was afterwards, in the year 18-, elected auditor of public accounts, and while holding safd office expired at Springfield, the 18- Levi Davis, soon after his term of office expired, removed to Alton, Ill., at which place he has since remained, enjoying a lucrative practice up to the present time. Davis is a native of Maryland, and is remotely related to David Davis, present U. S. senator.
Genl. Shields, from the year 1836 to the close of the Mexican war and even later, was a regular attendant upon the Fayette County Circuit Court. His military as well as political history is too well known to the country at large to need a recapitulation here. He is still enjoying a green old age on his farm in Missouri, with the plaudits of his adopted countrymen.
The history of the bar would be incomplete were the name of James W. Berry omitted. Mr. Berry occupied the post of clerk of the circuit court for full a quarter of a century, with honor to himself and to the benefit of the public. Col Berry occupied a position as ex-secretary, that but few are able fully to fill. His hospitality, kindness and genial disposition rendered him a favorite with all classes of community. The poorest man received his kind- ness and attention equally with the wealthy. As a humorist he had few equals, and was the life of any company in which he might find himself. Hunor- able and chivalrous to a fault, his word was never doubted.
Usher F. Linder, Attorney-General, elected 1836. Before the removal of the seat of government from Vandalia, Mr. Linder was frequently in atten- dance upon the circuit court-then presided over by Sydney Breese, now and for years a judge of the Supreme Court of Illinois.
As an orator, Linder was surpassed by few, in our state. Besides as a legis- lator his record is of a respectable character. He was a member of the legislature when the first internal improvement bill was passed, and was one of its warmest supporters, claiming credit therefor as many others did, until it broke down of its own weight.
During the session of the legislature in those days, the lobby, or as it was then called the third house, held its sessions almost every evening. presided over by an old lawyer named James Whitney, better known as My Lord Coke.
The proceedings of the third house were at times characterized by mirth and humor; at others, questions of the most grave character, such as never occupied the attention of the legislature then in session.
In fact the writer of this gives it as his decided opinion, that the debates in the third house (which were open to all), and its influence caused the passage of the Internal Improvement Bill which involved the state in millions and for years hung like an incumbrance upon the body politic. After the state had expended millions upon the system without having a mile of railroad in successful operation, and taxes began to tell fearfully, the Fathers of the sys- tem as is usual in cases when the plans prove abortive, were making excuses for their actions, or in the language " went to crawfishing," alleging that they were in favor of a particular railroad, but that they were compelled to sup- port the system as a whole or lose their own particular measure.
When the system had become unpopular, one evening the question was re- vived in the third house, and Linder being called upon to speak said that he did vote for the whole system reluctantly, but was compelled so to do to secure his own railroad. Governor Kinney, than whom no state ever pro- duced an abler natural man, arose and said Mr. Speaker, the remarks of the gentleman remind me of an incident that occurred on my farm.
Mr. S. I am a farmer living in St. Clair Co. A few years back the far- mers in my neighborhood concluded to try their hand at raising mules; mules at that time bringing a high price. Having a pride of feeling as a farmer, I determined that I would try and raise a better mule than my neighbors. Having a large fine blooded mare, after debating with myself for a long time whether I would degrade the old mare by putting her to the long-eared brute, my pride of feeling as a farmer overcame my scruples and I put the old mare to the jack.
In due course of time the old mare dropped the colt, but when the old beast turned and saw its ears, she threw up her head and tail, snorted and ran from it across a ten acre field. Maternal instinct prompted the mare to return to the colt, but when she again saw its ears she again snorted and ran from it, and if you believe me, Mr. Speaker, the old beast would never thereafter own her own offspring.
In the session of the Legislature of 1836, the Judges, there being but four members of the Supreme Court, complained to the Legislature that the busi- ness of the Court occupied but a small portion of their time.
The third House or Lobby sympathizing with the Judges took up the question, and referred it to a select Committee. A young lawyer, named G. W. Olney, made an elaborate report. The State at that time was largely infested with wolves for the destruction of which the State was paying a bounty, and in addition thereto, the Counties were paying fees to the County Clerks for taking proper proofs under the law. To relieve the State and counties of part of the expenses, the Committee recommended that the State should be divided into four districts equal to the number of Judges ; that
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HISTORY OF FAYETTE COUNTY, ILLINOIS.
each Judge should receive the carcasses in his district, and preserve them until the end of each month, at which time the Judges were to meet at the residence of the Chief Justice, when and where they should proceed to count and skin the carcasses, the Justices holding the legs, the Chief Justice to do the skinning. This was to be done by the Judges without any fee or reward, thus relieving the State and counties of a portion of the taxation imposed by the Wolf-Scalp-Law.
Orlando B. Ficklin, of Coles County, was frequently an attendant upon the Fayette Circuit Court as also the Supreme Court before the removal of the seat of Government from Vandalia.
Ficklin was a successful practitioner for many years, was elected to Congress in the year -, and served in the House of Representatives for - Terms, and returned to the practice of his profession, in which he at the present time occupies a conspicuous position. Mr. F. was born in Kentucky, re- moved early to Charleston, Coles county, Illinois, where he has always held a conspicuous position as a lawyer.
Perhaps here it may not be inappropriate to introduce an incident that occurred in my presence. During the session of the Supreme Court in 1836 then held in the room now occupied by the Clerk of the Circuit Court, the writer hereof was seated at a table, with Pirths' Digest lying before him. This was in the morning before the meeting of the Court. Ficklin entered the room, cast his eyes upon the Digest, inquired of its ownership and re- quested to borrow it. Was informed that it belonged to Mr. Butterfield. (Justin Butterfield), who was sitting across the room immediately oppo- site. F. took the book, crossed to Butterfield accosted him, " Is this your book? I should like to borrow it." B. looking over his spectacles exam- ined the book, and upon reading its title, replied : "No, D -- n the book, if there were a common hangman I would get an order of this Court to. have it carried out of the Court-room and be publicly burned upon the pub- lic square." Ficklin being at that time just fresh from Kentucky, reverenced everything bearing the name of Kentucky, whilst B. being a New Yorker, reverenced everything from New York, and hated everything from Ken- tucky.
The profession is ably represented in the county at the present time by such men as Hon. B. W. Henry, who was a member of the Constitutional Convention of 1870; Judge J. P. Van Dorsten, Ex. U. S. District Attorney; Judge Jacob Fouke, now serving his second term as County Judge; Hon. E. M. Ashcraft, Ex. State Attorney ; Robt. A. Campbell, Judge J. W. Ross, A. B. McDonald and S. H. Pettibone. W. M. Farmer, Geo. B. Chapin and B. H. Chapman are young practitioners, graduates of the Chicago Univer- sity, and are young men of ability and integrity.
CHAPTER XI.
MEXICAN WAR. CAPT. FOREMAN RAISES A COMPANY. RENDEZVOUS AT ALTON.
N 1845, in consequence of the annexation of Texas to the United States, war was commenced by Mexico. The brilliant success of the American arms is familiar to all. Immediately on the declaration of war Ferris Foreman, who was a colonel of mi- litia, proceeded to raise a company in Fayette County, which he accomplished in a single day, and of which he was elected captain.
Shortly after their organization they were ordered to rendezvous at Alton, where they at once repaired. Here Capt. Foreman was, on the 4th of July, 1846, elected colonel of a regiment of Illinois Volunteers. This company was the largest in the regiment, and numbered ninety men rank and file, and was composed exclusively of Fayette County men. After the promo- tion of Col. Foreman, Phillip Stout was elected captain ; James W. Booth (afterwards colonel of a Union regiment during the civil war) 1st lieutenant; Richard Hawkins, 2d lieutenant; -- Everett, 3d lieutenant; (a rank since abolished) and William Terry orderly sergeant. Lieut. - -Was
elected adjutant of the regiment. The regiment was a part of Shielda' brigade, and was immediately mustered in and transported by steamer to New Orleans, where they disembarked and camped on the historic battle- ground of 1812. After a stay of three weeks they were again embarked and taken in transport to Brazos. After remaining a few days, they marched about twelve miles above the mouth of the Rio Grande, and went into quarters at a place called Camp Patterson, where almost the entire regiment was attacked with the measles. Those fit for duty were ordered to proceed to Camargo, where they performed garrison duty for some months.
During their stay at Camargo an armistice was concluded between the two governments for six weeks. Negotiations for peace proving futile, at the expiration of that time, two regiments of Foreman's &d and Baker's 4th, of Shields' Brigade, were ordered to meet at or near Matamoras, and con- centrate with other brigades preparatory to a march through the country to Tampico, a distance of over three hundred miles. They commenced their march in November, 1846, and passed both Christmas and New Year's on the desolate route. They were constantly harassed by guerillas who in- fested the country. General Taylor had ordered the regiments on the Rio Grande to push on to Virleria, while he with his command followed the base of the San Nevada mountains. Taylor's intention was to go by way of Barbara Pass, thence south to San Louis Potosi, and strike for the heart
of the enemy's country. General Scott, however, countermanded the orders and changed the plan of the campaign. Taylor was ordered back to Mon- terey, and Shields' Brigade to Tampico, when they embarked for Vera Cruz, in the siege and capture of which they participated. They then proceeded to Cerro Gordo, a distance of about forty miles, driving the enemy before them, and when, after a severe engagement, they defeated them, pursued them some distance, and encamped in General Santa Anna's ranch. During the engagement the 3d and 4th regiments distinguished themselves for bravery and valiant conduct. Their term of service expiring, they were ordered back to New Orleans, where they were honorably discharged. Their ranks were so depleted that hardly more than half of their company re- turned to their homes in Fayette County.
CHAPTER XII.
COMPARATIVE STATEMENTS OF THE VALUE OF PROPERTY. ROSTER OF OFFICERS. VOTE AT PRESIDENTIAL ELECTION, 1876.
HE following tables will show the assessed value of all real estate and personal property of Fayette County, by Townships, for the years 1860 and 1877:
THE ASSESSED VALUE OF THE REAL ETATE AND PERSONAL PROPERTY IN FAYETTE COUNTY FOR THE YEAR 1860, BY TOWNSHIPS.
Names of Townships.
Real Estate.
Personal Prop'ty:
Total.
Seminary
$ 70,945
$ 38,085
$ 109,030
Sharon ..
100,280
58,929
159,209
Loudon
87,482
38,944
126,426
Wheatland
60,917
40,199
101,116
La Clede.
74,400
27,275
101,675
Wilberton
78,981
28,471
107,452
Otego
70,636
55,715
126,351
Avena
56,203
25,312
81,515
Bowling Green
67,722
25,023
92,745
Hurricane
88,769
45.174
133,943
Ramsey
96,108
37,955
134,063
Vandalia
105,185
119,627
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