USA > Illinois > Fulton County > History of Fulton county, Illinois > Part 21
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The records then quaintly proceed in the following strain : "On motion it was ordered that the above described buildings, agreeably to previous agreement, are set up and sold to the lowest bidder. Agreeably to said order the jail was set up and offered to the public, and was finally strieken off to Ossian M. Ross, for the sum of $276, to be paid in State paper. The court-house was then ordered set up
Hon. Hugh R.Colter The first School Teacher,-County Clerk, Circuit Clerk and Probate Justice in Fulton County
LIBRARY OF THE UNIVERSITY OF ILLINOIS.
HISTORY OF FULTON COUNTY. 245
to the public, which was done, and it also stricken off to Ossian M. Ross, for $500."
Laying out Roads .- For many years the petitions for roads ocen- pied a very large proportion of the Court's time and attention, and consumed more space to record than all other proceedings. They are similar in construction, and it would be useless, and worse, to speak of them as often as they occur. At this meeting a petition was presented from sundry citizens " for a road running from the town of Lewistown through the village of Peoria in said county." The present thriving city of Peoria was only a " village," while Lew- istown was able to wear the more exalted name of "town." View- ers were appointed, as was the custom, and the road viewed and thought to be of " practical utility," and was then ordered by the Court to be opened.
First Treasurer .- John Eveland, the gentleman who was ap- pointed Treasurer at the first meeting of the Court, " neglected to appear and take his engagements in Court as the law directs." Thomas L. Ross was then appointed and qualified. Thus, John Eveland lost the honor of being the first Treasurer of this grand old county. Why it was that he did not qualify we know not. It is true the labors were light, and the remuneration was proportion- ately small; vet, probably his own business affairs would not per- mit him to assume the duties of an office so responsible.
First Grand Jury .- The Sheriff was then ordered to summon persons to compose the grand jury " for the next term of the Cir- «nit Court," which was to have been held at the court-house on the second Monday of October, 1823 ; but from the Circuit Court records it is evident that no Court was held until the following spring, when another jury was summoned, which, although composed of almost the same men, we give in its proper place. The following persons were chosen at this time as grand jurors: A. C. Ransom, Joseph Ogee, Elijah Wentworth, Elijah Putman, Benjamin Seaville, Stephen Chase, John Totten, George Brown, John Eveland, Ros- well B. Fenner, Thomas L. Ross, William T. Davison, Hazael Put- man, Amos Eveland, George Matthews, John Wooleott, Norman Seaville, Theodore Sergeant, David Gallintin, William Higgins, Isaac Swan, Peter Wood, Charles Gardner and James Eveland.
First Marriage .- The first record of a marriage in the county, or the first license or certificate of which any record is made, is the fol- lowing: " The second of July, 1823, H. R. Colter joined together Thomas L. Ross and Susan Nye in the bonds of matrimony, both of lawful age, and by virtue of license from proper authority." Who the " proper authority " was we are unable to say, as we have on record no other evidence of this marriage than the above. The first marriage license issued, as recorded, was not until about a year after this.
Commissioners Paid for Locating County-Seat .- The Court met Sept. 1, 1823, and, among other transactions, allowed H. R. Colter
16
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HISTORY OF FULTON COUNTY.
$4 for services performed in locating the seat of justice for the county. Stephen Chase was then given a like amount. Whether John Totten, the other member of the commission, ever received any pay we do not know ; and as no record is made of it, suppose he did not.
Pay for Assessing the Taxes .- The Treasurer, Thomas L. Ross, then also Assessor, was allowed the enormous amount of $16 for "taking a list of the taxable property of this county." When we consider the size of the county, which included all of the northern part of this great State, we can realize to some extent the small amount of property there was to assess and the value the honorable Court put upon Assessor Ross' labors. But Mr. Ross did not do all of the assessing, nor did $16 include total cost for assessing the entire county. No ; for in the same act we find that the "Treasurer was ordered to pay A. C. Ransom $4 for taking the taxable property of Chicago, in said county, and collecting the same," so soon as he, said Ransom, should pay the money thus collected over to the County Treasurer. Thus we see there is a small amount more to be added to the $16. The assessment of Chicago, which was then in this county, was let out to another party. But the $4 it must be remembered was Ransom's remuneration for both the assessment and collection of the taxes of that place. Now, allowing Ransom as much for collecting the taxes of Chicago as for assessing them, we have $2 for the labors of each, which, added to the $16 allowed Mr. Ross, would make $18, as the full and total amount for assessing one-third of the great State of Illinois, and, too, only a little over a half century ago. This was the first assessment ever made of this territory so far as we are able to discover. We were enabled to go into further details in regard to this tax of Chicago, and figure the value of the property of that city at that time. Ransom never re- ceived his four dollars, nor did the county ever become the possessor of the amount of taxes collected by him. Ransom was a defaulter. He collected the money, consigned it to his own coffers, and went about his business, leaving the honorable Court to vent their indig- nation in passing orders for him to "hand the taxes over to the Treasurer immediately." Thus we see that the very first man in Chicago who ever handled publie moneys defaulted, and many in that great city have admired Ransom's course and "gone and done likewise." Sept. 3, 1823, the Court peremptorily ordered Ransom to hand over the money, but he did not comply. Nov. 30 of the same year two citations were issued against Abner Eads and Am- herst (. Ransom to appear at the next term of the Court and account for taxes collected in Chicago. The pioneers were generally very striet in having officials give " good and sufficient bonds" for the faithful performance of their duties and to insure the safety of public funds, but it appears that Ransom gave none. The Sheriff, how- ever, was the collector of the county, and to him the Court looked for Ransom's default to be made good. Accordingly at the next
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HISTORY OF FULTON COUNTY.
term, Ransom not having put in an appearance, the full amount of taxes collected at Chicago was charged up to Sheriff Eads. This fell sorely upon the indignant Sheriff, and he appealed to the Court to be released. The Commissioners were at first immovable, but finally, at the June term, 1825, he "was given $11.42, being the amount dedueted from his account as taxes collected at Chicago." The assessment was made at one-half of one per cent; therefore, if $11.42 was this proportion of the whole value of the property of Chicago, that would reach the large amount of $2,284.
First Petit Jury .- Let us return to the September meeting of 1823. The jail was completed and received, and Stephen Chase, Deputy Sheriff, was ordered to have the key to said jail. A traverse or petit jury was then selected for the Circuit Court which should meet the second Monday in October : Joseph Moffatt, Samnel Daugh- erty, John Griffin, Wm. Eads, Aquila Moffatt, James Fulton, Seth Fulton, William Clark, David D. Harkness, James .P. Harkness, Peter White, M. G. Fitch, Thomas Covell, D. W. Barnes, Wm. Smith, John Pixley, Chas. Sergeant, Reuben Eveland, A. W. Wil- liams, Reuben Fenner, Ossian M. Ross, John L. Bogardus, Edward Carney and Isaac Eveland.
Another Ferry .- John Griffin and Aquila Moffatt were granted a license to run a "ferry across the Illinois river from and opposite the village of Peoria." The Commissioners persisted in having Peoria a " village !"
The County Divided into Militia Precincts .- Among the pioneers " training" or "muster day " was one which was looked forward to with feelings of pleasure. We give a description of drill-day in this volume, page 212. It was necessary to have a well organized militia to repel any invasion of the Indians, which at that time were numerous. The Commissioners' Court in its official capacity took note of this, and accordingly they ordered " that the county of Fulton and all the attached part thereof compose one battalion dis- triet, and is hereby attached to the 17th regiment of Illinois militia." The county was then divided into three company districts, and an election for the first company district ordered to be held at the court- house Saturday, September 1, 1823, for choosing a major. John Woolcott, Stephen Chase and David Gallintin were appointed judges. An election was ordered at the house of JJoseph Ogee "in the village of Peoria," on the last Saturday in September, for the same purpose. Edward Carney, Wm. Eads and Peter Wood were appointed judges. The third company district was ordered to hold a meeting at the house of John Kinzie, in Chicago, on the same day and for the purpose of choosing a major and company officers. John Kinzie, Alex. Woolcott and JJohn Hamlin were appointed · judges.
Fine for Selling Whisky .- In June, 1823, S. Daugherty was fined $10 by the Court for selling whisky to the Indians at Peoria,
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HISTORY OF FULTON COUNTY.
First Marriage in Chicago .- We find on the records the following : "September 4, 1823. Received in this office for record the follow- ing certificate, to-wit :
"I hereby certify that on the second day of July last I joined together in the holy state of matrimony Alexander Woolcott and Eleanor Kinzie, both of lawful age.
"FULTON COUNTY, Aug. 22, 1823.
"JOHN HAMLIN, J. P."
These parties lived in Chicago and were the first couple ever married in that city, so far as we have any evidence. Woolcott was quite a prominent man in the early history of that city, and for many years what is now North State street bore his name. Eleanor Kinzie. the bride, was the daughter of the famous Indian trader and first permanent settler of Chicago. We give a cut of his dwelling in this work. John Hamlin was Justice of the Peace and lived at Peoria. It may be possible that he lived at Chicago at this time, but we find him the following year as a Peoria merchant. Thus we have the simple and only official record of the first mar- riage solemnized in the great city of Chicago.
Colter, Circuit Clerk .- November 30, 1823, H. R. Colter was given $40 as full compensation up to that date for services as "Deputy Clerk of the Circuit Court ten months and Clerk of the County Commissioners Court for six months." Who it was that was Circuit Clerk we know not, but suppose there was none, as no mention is made of any, and all the writing in the early records was done by Colter. It is most likely that he was both Clerk and Deputy, as he held almost every official position. Again. we are at a loss to know where he served his ten months as "Deputy Clerk of the Circuit Court." unless it was at recording deeds, for up to the following spring no session of the Circuit Court had been held. O. M. Ross, Treasurer .- Robert Grant was appointed Treasurer in December, 1823, in the absence of Thomas L. Ross, the Treas- urer. He, however, came into Court Feb. 3, 1824, and "requested to have the privilege of resigning." This privilege was granted, and O. M. Ross appointed in his stead March 2, 1824.
Nor Commissioners and a New Clerk .- In August, 1824, an elec- tion was held, when James Barnes, David W. Barnes and James Gardner were chosen County Commissioners. They were evidently elected on the " reform ticket," for no sooner had they received the reins of government into their hands than they issued an order de- capitating Clerk Colter. The order reads as follows: "Ordered, that Hugh R. Colter be dismissed and discharged from holding the office of Clerk of this Court, for charging and taking unlawful fees when acting as Clerk of said county." Stephen Dewey was imme- diately appointed to fill his place. It appears that Colter would not willingly give up the records at the pleasure of the Court, so the honorable body "ordered. that a writ issue from this Court, directed to the Sheriff, requesting him to demand the records of this Court from Hugh R. Colter, late Clerk."
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HISTORY OF FULTON COUNTY.
A Record Book .- A small three-quire, paper-covered blank book was bought, which cost $4.50. A very high price.
Fearless Commissioners .- During the year the Commissioners pur- sued the even tenor of their way, granting petitions for roads, fer- ries, tavern licenses and election precincts ; appointing and remov- ing officers with an inflexibility of purpose that is really amusing. When they investigated a matter there were no palliating circum- stances to screen the delinquent, but the judicial guillotine cut off official heads with a refreshing impartiality. Negligent officers feared the power of the "triple C" more than Damocles feared the hair-suspended sword. They simply and plainly said "Go," and the official hesitated not but went at once, and that was the end of it.
First Marriage License .- The first marriage license that was ever issued from this county was on New Year's day, 1825, and to Lyman Tracy. Previous to this Justices of the Peace, or other officials, would perform the marriage ceremony and then send a cer- tifirate of the marriage to the Clerk's office to be spread upon the r words.
Bounty for Wolf Scalps .- Wolves were abundant in that day and were troublesome to everybody. As a motive to induce persons to kill more of them than they were doing, the Commissioners, on March 7, 1825, offered a bounty of one dollar each for wolf scalps. This order was soon repealed, however, for wolf scalps came in so fast that in a short time the county would have been bankrupt, and vet we doubt if the number of wolves would have been missed.
Estray Pen .- One of the curious provisions of the law in the times of which we are now writing was, that stock was permitted to run at large. The Supreme Court of the State reversed the common- law idea prevailing almost universally in regard to stock running at large. In consequence of this every man was compelled to fence his entire farm to protect his erops from wandering herds. The decision of the Court required stock to be fenced out instead of in. It would have been much less expensive for each man to have pro- tected himself from his own stock.
Each settler had recorded in a book kept by the County Clerk, certain car-marks and brands adopted by him for marking his stock, and by which he could identify his cattle and hogs. The vast prai- ries were then in their native condition, free from fonces, cultivation or any sort of improvements. By many they were thought to be worthless for all practical farming purposes, except to furnish graz- ing for stock. Horses and cattle often wandered into adjoining counties. There were, however, means by which such stock might be recovered. In each county-seat was an estray pen wherein all unclaimed and unknown stock was confined. Notice was quite often published of the number, kind and marks of the stock taken up. At the March term, 1825, an estray pen was ordered to be built.
Road Tax .- Persons were required to work on the roads to pay their poll-tax then as now. The schedule of labor prices for this
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HISTORY OF FULTON COUNTY.
work was as follows: "One day's work 623 cts .; for one pair of oxen 373 ets. ; wagon 25 ets. ; plow 123 ets."
Census .- June 10, 1825, H. R. Colter was ordered to take the census of the county. We do not know the result, as his report was not seen.
Bids for Assessment .- At the December term, 1826, the Clerk was ordered to give notice in three public places that " sealed pro- posals will be received by this Court on March 1, 1827, for taking the assessment of the taxable property of Fulton county for 1827-28."
County Rerenne .- The amount of the tax of the county for 1828 was only $176.68. This was not as much as it was in former years, but then Peoria, Chicago and all of the northern portion of the State were attached to this county. Peoria county was cut off from Fulton in 1825, and then that county included all north of it to the State line. Knox county, 'tis true, still remained attached to this in 1828, but that being the year the first settler located in that county it could not be expected that any revenue would be derived from there. When Knox county was formed it was attached to this for judicial purposes, and the first election held in that county was ordered by the Commissioners' Court of this county. It constituted the entire county one election precinct, and ordered an election in 1828 for Justices of the Peace to be held at the house of Stephen Osborn. Oscorn, Stephen Gum and Nicholas Voiles were ap- pointed judges.
A New Court-House Built .- The old log court-house soon began to need repair, and indeed some of the more aristocratic thought the county should have a new one, a building more in keeping with the wealth and progress of the county. Accordingly, in March, 1830, the Court advertised for bids both for the repair of the old log house and for the erection of a new frame building. Abraham W. Williams wanted $475 to put the old one in proper repair. John McNeil offered to build a new one for $649 and the old log one. After a short canvass of the bids the contract for building a new court-house was given to MeNeil. This building did service for a few years when it, too, was abandoned and the present structure erected. The old frame court-house now stands one block west of the square in a dilapidated state. When it was erected no doubt it was one of the finest and largest public buildings in the State.
Trouble with Officials .- The first use that Fulton county had for a Coroner was, so far as we can find any evidence, in March, 1831, and even then it was not to hold an inquest. Gen. Isaiah Stillman had been appointed Treasurer, and called upon the former Treasurer, John McNeil, for the moneys, books, etc., belonging to the county and in his possession. He (McNeil) reported to the Court that the Sheriff, Chas. Newcomb, who was also Collector, refused to pay over the whole amount of county taxes. It was therefore ordered that a citation be issued directed to the Coroner, or any Constable,
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HISTORY OF FULTON COUNTY.
requiring the Sheriff to appear and show canse, "if any he hath," why judgment should not be entered against him. This is the first mention of a Coroner in these records, and we are unable to find who filled the position up to the year 1831, save for the first term.
Merchants' License .- At the April term, 1831, a license was re- quired for the selling of merchandise. Twenty dollars was charged for this license.
Paupers .- Joshua Stinson, the first pauper, and Parmelia Fair- child, the second one, were ordered "let out to the lowest bidder by the year."
Another Jail .- Necessarily, as faithful historians, we are compelled again to mar the pleasant progress of this chapter by reference to prison bars. It seems as the county advanced in wealth and pop- ulation the evil principle kept pace with it ; and, as immaculate and good as the pioneer fathers undoubtedly were, even among them there were wicked and vicious characters. The old log jail was unfit for use any longer ; accordingly, in June, 1833, a new jail was ordered built on the northwest corner of the public square, on lot . 215. Samuel Cozard built it for $674. This structure stood for many years and held prisoners rather loosely. In April, 1845, how- ever, it was burned down. There was a prisoner confined within it by the name of James Knott. His crime was the common one, at that time, of horse-stealing. Knott evidently concluded that he had been incarcerated long enough, and also that he would seek revenge upon the old prison for robbing him of his liberty as long as it had, and at the same time have some fun. Accordingly, dur- ing the night and about the hour of twelve, he liberated himself, which seems not to have been an ove-rlaborious task. He then set fire to the structure and fled. Soon the peaceful slumberers of the little village were aroused by the alarming ery of " fire." The mas- euline portion of the entire populace, and not a few women, rushed to the scene. Their jail was being licked up by the fire-fiend. Soon the greatest consternation prevailed. It was noised through the crowd that Knott was in the jail and would therefore perish. There was no key at hand, and as greatly as the early settlers des- pised horse-thieves their noble, generous hearts could not see one perish in the flames without a desperate effort to rescue him. Im- mediately battering rams were being hurled against the heavy door by strong and resolute men. Every heart was bleeding with sym- pathy for poor Knott ; and could he have had his trial at that time, " not guilty " would have been the speedy verdict. Soon the door gave way beneath the ponderous blows, and every eye was turned toward that spot of the burning structure, expecting to see James Knott, singed and burnt, run out ; but no Knott eame. Death-like silence prevailed. A moment passed in this impatient waiting, when some, braver than the others, ventured into the burning building; but James could not be found. Various rumors were then afloat about him. What must have been their chagrin, when a few
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HISTORY OF FULTON COUNTY.
days afterwards the culprit was captured in the timber! He told the story of his escape and laughed at the joke he had played upon them.
Clerk's Office .- At the same time the jail was contracted for, a Clerk's office was ordered built. The contract was let to Ephraim Brown for $318. It was to be built upon lot 182.
The Present Court-House .- During the latter part of 1836 and the early part of 1837, again the people began to agitate the ques- tion of building a new court-house. The county had grown rapidly, both in population and wealth. To further the plan a subscription was made by private individuals for the purpose. At the meeting of the Commissioners' Court, Friday, March 10, 1837, this resolu- tion was passed : "The Court being satisfied that the public inter- est demands, and the respectability and prosperity of the people require, the erection of a good, substantial court-house, suitable to accommodate the present and future population of the county, and the sum of $2,000 having been subscribed by the citizens of Fulton county towards defraving the expense of such a building. it is there- fore ordered that a court-house be built on lots Nos. 181 and 214 in the town of Lewistown, and that said court-house be built of bricks, upon a suitable foundation of stone, and to be 40 by 53 feet on the ground with a projection of the roof of 12 feet, supported by four pillars of suitable material. It is further ordered that Newton Walker, John McNeil. Erasmus D. Rice, Myron Phelps and John P. Boice be appointed a committee to make a draft of the building and an estimate of the probable expense of such a building, and that they be requested to report the same to the Court to-morrow morning at ten o'clock." This committee ( and a better one could not have been selected, nor even at this day could it be excelled) reported that a building such as was desired would cost $7,517. Newton Walker was then appointed agent to purchase material and make contracts for said building on behalf of the county. No con- tracts were ever let. however, but Walker was chosen superintend- ent for the county, and he superintended the entire work. The total cost of the building was $9.800.
It stands in the center of a small square, which is set with many large and beautiful maple and other trees. The upper room, which ocenpies the entire second floor, is used for Circuit Court purposes. It is reached by two flights of iron stairways, which are constructed in the portico, and land together on a platform in front of the door. This portico extends across the entire east end of the building. and is supported by four large stone pillars, nine feet nine inches in circumference, and extending to the top of the building. On the first floor there is a hall-way running through the building from east to west. On either side of this are offices for the county officials. Upon the south side are the County Judge's and Sheriff's offices. Upon the opposite side are two offices occupied by the County Treasurer and County School Superintendent. The Circuit
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HISTORY OF FULTON COUNTY.
and County Clerks occupy a building known as the "fire-proof," which is located west of the main building within the same square. This building is so constructed as to insure the public records from loss by fire.
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