History of Iroquois County, together with Historic notes on the Northwest, gleaned from early authors, old maps and manuscripts, private and official correspondence, and other authentic, though, for the most part, out-of-the-way sources, Part 43

Author: Beckwith, H. W. (Hiram Williams), 1833-1903
Publication date: 1880
Publisher: Chicago : H.H. Hill and Co.
Number of Pages: 1180

USA > Illinois > Iroquois County > History of Iroquois County, together with Historic notes on the Northwest, gleaned from early authors, old maps and manuscripts, private and official correspondence, and other authentic, though, for the most part, out-of-the-way sources > Part 43

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HISTORY OF IROQUOIS COUNTY.

obtained a title to by means of the laws aforesaid, or any of them." All the old contracts were canceled and restored to him, and lie returned the $50,000 of railroad stock. being released from his obli- gation to pay for the same. This he made a pretense of giving to the county, all of which was for effect, and to have material in hand for defense and to keep down clamor, when in fact it was nearly worthless. In 1864 the county obtained a reissue of this stock, and four years afterward sold it to William H. Cruger, vice-president of the comp ny, for $4,000.

At the annual meeting in September, 1860, A. B. Ives, a noted real-estate lawyer, of Bloomington (having been employed by a committee previously appointed), read a report to the board of supervisors concerning the validity of the sale by the court and board jointly, October 16, 1856. Having reviewed the contracts with Tallman, and the several acts of the legislature, he held that the county court had never been divested of jurisdiction of the swamp lands ; that the joint sale was consequently void or voidable; and that the one mnade April 22, 1859, by the court, the only compe- tent authority, was binding in law.

A few scattered details and items of information is all that re- mains to complete the account of this once engrossing theme and fruitful source of controversy. From October 15, 1855, to February 25, 1858 (the first and last dates of sale), there were sold by the county, exclusive of the sales to Tallman, 16,155 acres, for which it received $18,360.69; and there were due November 1, 1861, from purchasers holding certificates, $1,282.40. Under the act of Feb- ruary 14, 1855, the county sold 14,490 acres of these lands. On April 22, 1859, when the sale was renewed to Tallman, the court passed an order declaring that where the purchasers of swamp lands complied with the law of 1859 they were entitled to deeds, and the judge of the court was directed to execute clear conveyances, requir- ing the lands to be drained when they were intended to be put to cultivation. By virtue of this order deeds were given under the provisions of the act of 1859 for the lands sold under the act of 1855. The court becoming satisfied that these deeds, not being authorized by the law of 1859, were invalid, at the October special term, ordered new ones executed. At a special term, November 1, 1861, the court instructed Judge Chamberlain to make a deed in fee-simple to Tallman for all the swamp and overflowed lands "donated to this county, . .. whether all or any part of them have been patented or certified to the state or county or not, ex- cepting, however, out of such deed any of the lands heretofore

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duly sold by the general government, or by this county, and also those heretofore conveyed to said Tallman by John Chamberlain as such county judge." There were smaller deeds to Tallman, convey- ing in the aggregate about 1,000 acres. The act of 1857 authorized the county judge, whenever he should be satisfied, either by report of the swamp land engineer "or by other evidence, that any portion of the swamp lands which have been sold are thoroughly drained," to convey the same by deed in fee-simple. One of these minor deeds to Tallman recites that he had furnished satisfactory evidence to the court and to the county judge that the lands were thoroughly drained. This is the only one in which any pretense whatever is made that the lands had been drained, and it is a notorious fact that neither spade nor implement of any other kind ever broke the sod to drain them, except as it was done by actual cultivators upon them. The act of 1855 required the lands to be drained within eight months from the date of sale; before the expiration of the contract of Octo- ber 16, 1856, the act of 1857, by which the time for drainage was ex- tended to two years in the judgment of the county court, took effect ; at the end of two years the act of 1859 became a law, investing the court with an absolute discretion in this matter. The sole intention of the grant was the drainage and reclamation of the lands for the health of the people and the development of the country. Never was a thing more "provided for" in laws and contracts, and yet more completely legislated out of existence. There have been pat- ented to the state, of swamp and overflowed lands, (about) 63,580 acres ; and the number concerning which proofs are on file in the general land office, showing the character of the lands entered with cash and land warrants, and which are unadjusted, is 32,000, making a total of this class of lands in Iroquois county of 95,580 acres .* Tallman realized from this bargain in swamp land funds of the county, which were paid over to him by the treasurer on the order of the county court, $10,427.10. The cash indemnity which he received from the land office for swamp lands, entered with cash and land warrants, by virtue of his contract with the county, amounted to $15,664.56.+ The amount of land which passed to Talhnan was about 47,000 acres. It was sold by him at prices ranging from $1.50 to $5.50 per acre. Tallman acquired the equitable rights of the county in the 32,000 acres of unadjusted swamp lands which lie along the Central railroad. Legislation is pending in congress to dispose of the claims of states against the government, growing ont of this subject.

* Hitt's Report, p. 11.

+ Hitt's Report, p. 35.

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HISTORY OF IROQUOIS COUNTY.

It would be curious to know what these lands cost Tallman, and it will be expected that some statement on this point will be made, but it is not our province to speculate ; nevertheless, there are some facts, though dimly preserved, bearing on this topic, which are legitimate history and ought not to be omitted. There is an indi- rect allusion in one of White's articles to Morgan's having sued the county for interest on some of the bonds ; and also for bonds claimed under his contract. Until forced to do so by public opinion, Cham- berlain refused to deliver them, or some part of them, on his esti- mates. Those outstanding at the date of the sale to Tallman were nearly all of recent issue. We are not well favored with informa- tion on this head, even after diligent research, but prefer to believe that they were about thirty-five per cent below par, though common report makes the discount considerably greater. We remember hav- ing seen a newspaper published about the time of which we write, which stated that the bonds were worth sixty-four cents on the dol- lar. As some confirmation of this, at the June (1857) special term of the county court, a bond was presented by S. M. Ayres, and as Tallman was bound to pay it, and the swamp fund belonged to him, the court ordered it received, and that Ayres be credited on the note held against him for borrowed swamp funds, the sum of $650.

It is interesting to know something of the history of the manage- ment of the swamp land grant in other counties. "Of sixty-eight counties interested in the swamp land acts, but five have sold out their interest to speculators, the remaining counties have been judi- cious in the disposal of their swamp lands. Most of these lands have been drained and the country has been made healthier, and the revenues of the state, as well as the health of the counties largely increased. " * In taking leave of this topic we may be excused for adding, that if wisdom could have controlled in the management of this rich interest, Iroquois county might have had a source of rev- enue for many years to come ; at least it might now have been free from debt. This is to be modified by the condition that the same wisdom which was lacking in 1856 should not afterward have been wanting to resist the many temptations to prodigality through which our country has since passed. But with the experience of the past twenty years vividly before us, we have the most solemn doubt if prudential action would have held the ascendency and made the most of this magnificent donation ; and, after all, perhaps it ought not to be regretted that it went at the time and in the manner that it did.

* Hitt's Report, p. 11.

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HISTORY OF IROQUOIS COUNTY.

ATTEMPT TO DETACH A PART OF IROQUOIS COUNTY TO FORM FORD.

A strong effort, begun in 1856 and maintained till 1859, was made to detach the southwest corner of Iroquois county, and unite it with that part of Vermilion county which is now Ford. The leading men of Loda, chief among them Adam Smith (deceased April, 1880), con- ceived the scheme of detaching a part of Iroquois, and making their village the county town of the new county .. If they could secure the division, there was no doubt, owing to the peculiar, chance-shape of the proposed county, that they could succeed in this purpose. The petition that was laid before the legislature from these movers con- tained about 150 names of residents in the southwest corner, and sev- eral hundred of the citizens of Vermilion. A county was to be formed in any event; the only opposition was to the dismemberment of Iro- quois, and this was exerted from two opposite quarters. James Mix was interested in Prospect City (Paxton), and wanted the seat. of justice at that place. This was enough to make him an opponent of the Loda movement. There was little following in the county outside of Loda township. Meetings were held in various places, and vigor- ous efforts made on both sides. At an adjourned meeting held at the Loda hotel December 20, 1856, a verbal report, designating the bound- aries of the new county, was made by Capt. J. M. Hood and David S. Crandall, committee. It was voted to embody thie suggestions in a petition to be submitted to the citizens of Iroquois and Vermilion counties, and these gentlemen, with R. D. Foster and I. O. Butler, were appointed to draft it, with power to change the north line of division indicated by the committee. Addison Goodell, George Shafer and Moses Walker were appointed, with power to increase their num- ber, to circulate the petition for signatures in the limits of the pro- posed new county. Messrs. Hood and Crandall were unanimously elected to carry the petition to Springfield, and lobby in the interest of the petitioners. A committee on finance, consisting of Addison Goodell, I. O. Butler, C. O. Barstow, Adam Smith and R. D. Foster, was appointed, with the privilege of adding to their number. On the 23d a meeting of the citizens of Onarga was held, to remonstrate against the proceedings at Loda, and to organize for effective resistance. to the project. R. W. Andrews, W. P. Pierson, E. Knight, W. H. Skeels, Dr. J. L. Parmalee and Joseph Thomas were chosen a commit- tee to draw up a remonstrance against any portion of Iroquois county being taken to forni a new one. The following persons were selected to canvass the county : W. P. Pierson and Capt. E. Doolittle, Onarga ; Thomas Magee, Wygant; W. B. Young, Chebanse; Alonzo Taylor, Ash Grove; Dr. E. K. Farmer, Milford; W .. B. Lyman, Beaver ;

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HISTORY OF IROQUOIS COUNTY.

Winslow Woods, Crab Apple; J. Strickler, Concord, and Samuel Williams, Belmont. Dr. A. N. Crawford, E. Knight, William A. Davis and W. P. Pierson were named to correspond on this subject with the three county papers : "Iroquois Republican," "Middleport Press," and "Garden State," the latter publislied at Loda. Meetings were held subsequently ; but the account is carried far enough to afford a view of the thorough preparations by each party to canvass the sub- ject. The petition and the remonstrance were presented to the legis- lature, and a bill was introduced to carry out the object of the former. Mix attended the session and used his influence against it. The repre- sentative, Franklin Blades, harmonized with a large majority of liis constituents in opposition to it, and when a motion was made to sus- pend the rules and take up the bill, he announced his determination to resist its passage. The motion did not prevail, and afterward the bill was stolen, and so never came to a vote. Not having been able to enlist Blades' support, and the measure having failed ingloriously through theft of the bill, as it would likely have done had it reached a vote, Crandall came home and assailed Blades with caustic vehemence through the columns of his paper, the "Garden State," charging that he had promised his influence in favor of the project; whereupon Blades, replying through his own organ, the "Republican," denied the accusation in the same withering style and bitter spirit. On Sep- tember 13, 1858, the republican convention, for the selection of a can- didate for representative, was held in Middleport, and Capt. Hood, of Loda, was nominated by one vote over his competitor, C. F. McNeill. This was understood to be a triumph for the division of the county. Hood was elected. The work of getting up petitions and remon- strances was repeated. Judge Chamberlain and Ray Andrews were at this time in attendance on the general assembly to influence swamp land legislation, and James Mix was also there to lobby the bill estab- lishing Ford county. These men killed Hood's bill, which was the end of the whole question.

PUBLICATION OF THE PROCEEDINGS OF THE BOARD OF SUPERVISORS, ETC.

At the May (1858) special term of the board of supervisors two important measures were passed. On these points there had arisen a general demand. One provided for the publication of the current proceedings of the supervisors, accompanied by a resolution that " the · board approve of the copying or searching for the purpose of publish- ing a general synopsis of the transactions of the county courts and boards of supervisors previous to this meeting of the board." This last was only permissive and amounted to nothing but a gerrymander

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HISTORY OF IROQUOIS COUNTY.

to rid the board of an attempt of Ray Andrews to create influence for himself, besides preventing expense to the county. The "Republican " had teemed with appeals in this matter. At this session both that and the "Press " came forward with propositions to publish the proceed- ings free of charge if furnished by the county clerk. Up to this time there had been no such publication, and of course the people could have little knowledge of how the public business was managed, or of the condition of their affairs. Ray Andrews had been the central figure in all the proceedings of the board. It is surprising that he should have had so much influence, and it seems paradoxical that, well known to be without principle, and corrupt, his support of any measure, or his antipathy to it, was nearly certain to bring it to successful issue in the one case, or to be fatal to its chances in the other. It is hard to believe that those in whose nostrils his reputation was inodorous should not have firmly opposed him. He was energetic, insinuating, unscrupulous. His push and manners made him agreeable to a large class with whom it was an easy matter for him to become a lail-fellow on short notice. It long has been, and likely long will be, that a vigorous, unprincipled character, capable of much harm, will inspire a certain degree of timidity and passivity. In all bodies, too, a few men of strong character rule, while the majority are either echoes or gaping spectators.

The other matter referred to, which had also been well ventilated in the "Republican," was the repair of the court-house and the furnish- ing of a jail. An undisguised prejudice existed against Middleport, which detracted from the disposition to improve this, or to erect new buildings. While the walls were substantial and sufficient, they did not inclose enough space, being but forty feet square; the inside of the building was dilapidated and crowded ; there were no vaults for the records, and they were liable to destruction at any time by fire ; the treasurer had no depository for the safe-keeping of funds, and large amounts, when there were such, had to be taken to Chicago and placed on deposit. The old log jail liad long since been abandoned as utterly unfit for use, and prisoners were confined at Kankakee. This was an unavoidable expense, for the board had early devoted its atten- tion to the purchase of a poor-farm and the building of bridges, which had diverted most of the county funds from other objects. A serious obstacle, besides, was the lack of building material within easy trans- porting distance. But at the meeting in question, A. C. Mantor, D. B. Gardner and M. Hogle were appointed to examine the court- house and ascertain what repairs were necessary, and whether it were better to build offices entirely disconnected from that building, with

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HISTORY OF IROQUOIS COUNTY.

instructions to report a plan and the cost at the sitting in June. They reported in favor of an addition of twenty-five feet to the east side, which would make the court-house 40×65 feet, and also proposed the erection of prison apartments in the basement. The suggestions of the committee were concurred in, except that the addition was made on the west side, and vaults were constructed in the court-house instead of erecting a separate building for the records. Inside, the house was entirely remodeled and refitted. The circuit court room was trans- ferred to the upper floor and all the offices were removed below, where the cells and the vanlts were arranged.

C. R. Brown, A. C. Mantor and George B. Joiner were the com- mittee appointed by the board to supervise the improvement. On July 19 they let the contract to M. and J. Hogle. The job was to be turned over by the contractors by the first day of December. The heavy rains of the season interfered with the progress of the work, and de- layed the completion of the contract till the latest moment. On the 22d the board closed its December session, and on that day the same building committee was continued and authorized to contract with the Hogle brothers " for the completion of the jail and cells, the furniture, shelving, and the recess for the vaults, seating the court room, and making the judge's stand and desk." The jail consisted of three cells, inclosed on the south and west sides with oak studding, spiked or bolted together, on the inside of which was another row of the same device lined on both sides with No. 16 iron; the north wall of the cells was fonr or five feet from the brick wall of the court-house, leav- a narrow corridor, and that and the east side were made in the same manner, and lined on the inside also with iron. The floor was laid of joists, edgewise, covered with iron in the cells, and overlaid with floor- ing. The ceiling, too, of the cells was likewise sheeted with iron. The whole expense, including commissioners' fees and cost of plan and specifications, was $7,218.58. When this improvement was completed the court-house had cost the county a sum estimated from $10,000 to $16,000. The county offices were occupied February 1, 1859. The vanlts, wanting ventilation, turned out altogether worthless, and the records were never kept in them. It was early found that the jail would not answer expectations concerning its security. Before the close of the year it became necessary to strengthen the cells and increase the safety of the prisoners by an additional wall on the north side, composed of heavy plank spiked together transversely; the insertion of a strong grate window in the partition between the corridor and the sheriff's office ; an additional door made of heavy plank placed inside the hall door, to be well secnred by locks, and the apartments to be ceiled over-

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HISTORY OF IROQUOIS COUNTY.

head with two-inch plank placed crosswise. A month before this the prisoners liad almost effected their escape by digging through the wall. But these improvements did not keep pace with the enterprise and industry of the criminals. Between May 1 and the middle of Septem- ber, 1860, the jail was three times broken, and eleven prisoners escaped. The board of supervisors was in session when the last lot got away, on the night of the 11th, and they promptly comdemned the jail and ordered that the criminals of the county be taken to Kankakee and confined. But at the November meeting this was rescinded, and orders were given for securing the locks and fastenings of the doors. In the winter of 1861-2 Miles Williams and Henry Davis were con- fined for larceny, and indicted by the grand jury at the February term of court. With an auger and a saw, which had been passed in at the grate, Williams made a hole in the ceiling, through which he climbed up into the grand jury room, from which he escaped by lowering him- self to the ground with a cord inade from his bed clothing. After this the corridor was sheeted with iron overhead. Davis was tried on the 20th, and sentenced to the penitentiary for three years. On the 25th court adjourned till the following morning, and that night he under- took to break jail. Contrary to custom, he had not been locked in his cell, and this circumstance gave him opportunity to attempt escape. Not knowing that the hall door was iron lined, he built a fire against it, designing to burn through into the passage, when he could get out by way of the window. The heavy joists beneath the pine flooring had once before been burned partly through in the same place by Matt Lynch. They had now shrunk from seasoning, and when the fire penetrated the overlying boards a current of air sucked the flames through the interstices, when they were at once beyond the prisoner's control, and the dry material was swiftly lapped up by the devouring element. The fire was discovered about 2 o'clock in the morning. Some person broke in the window in the west end of the jail, but the dames poured out so that no entrance could be made. There was barely time to remove the records, which were in the east end, and the building was in ruins. Davis' body was found on the floor of his cell lying upon the breast with the head and limbs totally consunied. His mattress, burned off at both ends, covered the charred trunk. The court-house was insured in the Hartford and Phoenix Insurance Com- panies.

COUNTY SEAT CONTEST.

The rivalry between the old and new towns now waxed hot. The friends of South Middleport wanted the court-house at that place, and though the old town people would not acknowledge it, and inade a

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HISTORY OF IROQUOIS COUNTY.

gallant fight, it was a foregone conclusion that a removal must take place ; for wherever the thoroughfares of travel thread, the public con- venience requires the establishment of every accommodation, and never waits long to have the need supplied. The people of the old town at first maintained that the seat of justice had been permanently located there, and that the county had accepted 100 town lots as a considera- tion, and that in equity they were entitled to its continuance in that place. Its removal would entail on property-liolders a loss which men of little means could ill afford, and which none ought to be compelled to suffer. The hardship was apparent ; but the location of the railroad had made it inevitable that it should be borne; for no voting popula- tion were ever known to have any scruples on such a point. Discov- ering at last that it would be next to impossible to prevent a removal, they then strove earnestly for a compromise location, which had strong supporters, Judge Chamberlain being of the number. The contest is to be admired for the ingenuity, energy and game spirit displayed by the two factions, but a too close view of all the details might detract measurably from any hastily conceived admiration ; for this reason, and want of time and space, we shall only briefly outline it, believing that there is always much that should be forgotten, as well as much that ought to be preserved.

At the March term of the board of supervisors, held on the 4th, Charles H. Wood, Joseph Leonard and John Paul were appointed to settle with the insurance companies, and were given full power of adjustment, withi authority to receive the funds and receipt for the same. This committee procured an assessment of the damages to the building by three disinterested appraisers, who reported it to be $4,385.84 ; but as other parties had made proposals to rebuild for a less sum, the companies refused to pay that amount. They proposed to the committee to pay $4,000, which was accepted, and drafts were promptly drawn in favor of the county. The committee reported their doings at the May term, and were directed to deposit the money safely in Chicago, which they did as follows: $2,000 in the bank of Solo- mon Sturgis & Son, bearing four per cent interest, and $2,000 in the bank of the Western Marine and Fire Insurance Company, drawing six per cent. A resolution offered by Daniel Fry, and adopted by a vote of 8 to 7, proposed " that a court-house be built within the incor- porate limits of Middleport, as near the railroad as a suitable location can be obtained ; provided that land sufficient for all necessary county buildings be furnished the county free of charge, and that a committee be appointed to examine locations, and report to the board the most eligible site at the earliest moment." The chair appointed Kendall

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History of Iroquois County, together with Historic notes on the Northwest, gleaned from early authors, old maps and manuscripts, private and official correspondence, and other authentic, though, for the most part, out-of-the-way sources, Part 43

Author: Beckwith, H. W. (Hiram Williams), 1833-1903 Publication date: 1880 Publisher: Chicago : H.H. Hill and Co. Number of Pages: 1180

Author: Beckwith, H. W. (Hiram Williams), 1833-1903
Publication date: 1880
Publisher: Chicago : H.H. Hill and Co.
Number of Pages: 1180