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 44
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HISTORY OF IROQUOIS COUNTY.
Shankland, John Paul and Daniel Fry. The record shows no report, but the board in committee of the whole selected lots 9, 10, 11 and 12 in block 2 in South Middleport, and recommended that the court- house be permanently located on them. The report was adopted, and $8,000 appropriated, in addition to the $4,000 of insurance money, for the purpose of erecting a court-house on the lots designated, on condi- tion that they, together with "twelve other lots in South Middleport of an average value of unsold lots in said South Middleport, should be conveyed to the county by good and sufficient deed, in consideration of the permanent location of said court-house ; and provided, also, that the citizens should donate the further sum of $1,000, to be paid in money on the completion of the same." Daniel Fry, John Paul and Joseph Leonard were appointed to procure a deed to the lots, and besides, to procure plans and specifications, and to receive bids for building the court-house. A proposition was then submitted by James Fletcher, attorney for the citizens of Middleport, to rebuild the court- house on the old site, to be in all respects like the one burned, except the jail, provided the supervisors would let them have the insurance money, $1,000, in county orders, and the old material to be found in the ruins. They offered to erect the house during the year, and to enter immediately into contract and bond, with good security, to per- form their engagement. Fry moved to adopt, which was lost by tlie following vote: Ayes- D. Fry, J. L. Martin, E. S. Hamilton, Alvin Harroun, Thomas Stump, - 5. Nays-K. Shankland, J. H. Jones, E. K. Farmer, P. Gendron, C. H. Wood, Isaac Beyea, Joseph Leonard, A. G. Willard,-8. John Paul and W. H. Shotwell were absent.
The Wilson House was rented at $200 per annum, to be used for offices and storing the records. The old school-house in Middleport, owned by William Frees, was leased for terms of the circuit court, and was declared to be the court-house of Iroquois county during the same. The original plat of Middleport was enlarged May 9, 1859, and two of the lots (9 and 10) selected by the board for a court-house site lay within that corporation. As soon as it was known what action had been taken, the president and trustees passed an ordinance, on May 6, reducing the corporate limits to the original boundaries, leaving the new site wholly without the town of Middleport, where the seat of justice was located by the commissioners in 1839. It had been located there in pursuance of law, and the constitution provided that "no county seat should be removed until the point to which it is proposed to be removed shall be fixed by law, and a majority of the voters of the county shall have voted in favor of its removal to such point." An injunction was sued out to restrain the board from completing the
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HISTORY OF IROQUOIS COUNTY.
proposed removal and erecting a court-house, or spending any funds of the county for that purpose on the lots which they liad selected. McNeill, Chamberlain, Fletcher and Joiner were solicitors for the complainants; and Randall, Roff, Clark and Walser for the defendants. This case was heard at the June term, but no decree was entered on the records of the court, and it is a reasonable inference that the injunction was sustained. This issue was made a prominent feature of the local cam- paign of that year. There were two tickets in the field and three candidates for representative : the republican ticket, on which Addison Goodell was the nominee for the legislature; and the people's ticket, so-called, selected from both political parties somehow without a con- vention, on which James Fletcher, a war democrat, was candidate for the general assembly. Charles Sherman was announced just before the election as a democratic candidate for representative, not with the hope of being elected, but to draw off votes from Fletcher and secure the success of Goodell - all in the interest of the removal. Fletcher was the champion of the mediate locality. Goodell, in a published card, thus defined his position : " It is my opinion that a large number of citizens desire the privilege of testing the wislies of the voters of the county as to whether the county seat shall remain where it is or be removed to the village of South Middleport; and should I be elected. a member of the state legislature, I will use my influence to secure the passage of a bill enabling the voters of the county to change the county seat from Middleport proper to the village of Southi Middle- port." Goodell was elected. A delegation of the principal citizens, both from the old town and the new, attended the legislature at its sitting in the winter of 1862-3, James Fletcher, C. F. McNeill and Judge Chamberlain for the former and Micajah Stanley, A. B. Roff, Dr. William Fowler and Ray W. Andrews for the latter. Each went before the senate committee on counties with a bill embodying their respective aims. That urged by the first party proposed to make all of section 32 and that part of section 31 east of the river the seat of jus- tice. Commissioners friendly to the old town were named. If a re- moval was voted, they were to select a site about half way between the two places, taking into consideration the interest of the two towns, its nearness to the railroad, and the consequent convenience to the people of the county. The second party proposed to the committee, and to Fletcher and McNeill, who were present, to withdraw their own bill and accept the one described, if they would amend it so that eitlier the commissioners to locate the site for the county buildings should be elected by the people, or that the supervisors to be elected in the fol- lowing April should be authorized to make the selection ; in either
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HISTORY OF IROQUOIS COUNTY.
case the choice to lie between Southi Middleport and the point be- tween the towns. This proposition was not accepted by Fletcher and - McNeill. The intermediate location insisted on by the old town rep- resentatives was on the N.E. { of S.W. ¿ Sec. 32, close by the residence of S. G. Bovie.
The bill, which was approved February 11, was drafted by A. B. Roff, and declared that if a majority of all the votes cast should be "for removal, then the said town of South Middleport (consisting of South Middleport and Stanley's addition thereto) shall be and remain the permanent seat of justice of said county." March 17 was fixed for the election. This satisfied both sides; the one because they were not aware of the fatal defect in it, and the other because they were aware of it, and could secure no better advantage on which to hang their hopes,-and nothing but the blunder of the other party had given them this. The legislature adjourned until June, and the lobbyists came home to engage in the short but heated canvass which was to follow. The act did not require a donation of the court-house site if the vote should be for removal, an unusual omission in such a case. An attempt to make capital out of this led Micajah and Rebecca Stanley to give to the county a bond of $1,000, binding themselves to convey "four full- sized lots or their equivalent in quantity of selected land not laid off in lots," provided the county seat should be relocated at South Middleport. This campaign document was offset by another of similar kind signed by G. B. Joiner, C. R. Brown, E. Bowman, M. V. B. Harwood, W. S. Kay, Mary A. Troup, William Frees, W. F. Keady, J. L. Horton, Lewis Troup, C. F. McNeill and George King, binding themselves to rebuild the court-house in the old town in every respect as good as the one destroyed, upon payment to them of the insurance money collected, provided that the county seat should be permitted to remain. Then Stanley renewed his obligation, increasing the donation to eight lots. As the discussion advanced, and quibbles were raised and flaws pro- fessed to be found, both parties were driven to amend their bonds, to keep even before the voting public. Twenty-eight of the principal citizens of Middleport filed another bond, binding themselves to sub- scribe for $5,000 of stock in the Kankakee and Iroquois River Slack- water Navigation Company. The last periodical movement in this matter had occurred only the summer before. The advantages of such improvement to the county had always been given roseate colors, and it was now regarded as only necessary to incur an obligation to aid this enterprise to be a piece of effective campaign capital, though it is not apparent what benefit could have been derived from this work by the general public, in which the new town would not have been equally
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HISTORY OF IROQUOIS COUNTY.
interested. The contest, as waged by the two places, was evidently enough a game of bluff. The new town followed with a bond also to aid the same project with a like subscription. It was charged that by a removal the county would become liable for damages, as certain par- ties had paid for the locating of the seat of justice at Middleport with town lots, and to prevent this from influencing taxpayers a bond was made by ten citizens of the new town to guarantee and indemnify the county against all damages on this account, resulting from the transfer. Eight of the leading townsmen also executed a bond, binding them- selves in the sum of $20,000 to erect and finish the court-house in every respect as good as the old one, and in addition, to pay the county $500 on the completion of the same, with which to furnish it, and thius save the people, as they said, from being taxed for this purpose, pro- vided that the county seat should be removed to South Middleport, and the obligors should be permitted to use the $4,000 of insurance money. Middleport having filed an agreement to pay the county $2,000 in case the site should remain and the county build the court- house, the new town filed another bond, agreeing to pay a like sum if, on removal to South Middleport, that place should also be released from its obligation to erect it. Numerous points were raised, and other agreements of less importance made. Every electioneering de- vice was brought into requisition. Statements and affidavits were ban- died about, and forfeits freely offered ; the validity of the bonds was denied by the rival interests, and the old town, to disprove the charge against theirs, submitted the one obligating them to build the court- house to Judge Drummond, of the United States district court, and to Judge Manierre, of the Cook county circuit court, for their opinion, both of whom pronounced them good and sufficient. Circulars and addresses were issued broadcast, and all the traslı which could be man- ufactured in connection with this subject was made to cumber the can- vass. It is but just to observe that the new town. discussed the main issue and the cognate questions with superior candor and sincerity. The old town, conscious of its feebler prospects, strove with the spirit of desperation. As the question was to come before the people, stump orators from both places traversed the county on foot and on horseback, wading through mud and swamps and sloughs, holding forth at every school-house where a knot of listeners could be collected, with as much earnestness and vehemence as if a mighty fate was suspended over the people, and would be decided by the coming verdict at the polls. If it seem strange that the old town people should make such prodigious exertions when they knew that the site could not be relocated under an unconstitutional law, it is explained by this fact, that this canvass would
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HISTORY OF IROQUOIS COUNTY.
be the real battle, without regard to the imperfections of the law ; for if the result should be against them, the record of the prevailing wishes of the county would give their opponents a prestige which would certainly be fatal to their future prospects. So every energy and resource which one party brought to their aid spurred the other to. redouble their vigor. The last echo of the conflict came from the new town in a bond, which in gaming parlance, as well as in the language of the agreement itself, was "a hundred dollars better." We quote it almost entire, as a curiosity and reminiscence of this struggle. Tlie obligors, Charles Sherman, Micajah Stanley, A. Dalton, A. B. Roff, C. Secrest, William Fowler, John Fagan and A. Munson, "propose and agree, inasmuch as George B. Joiner and other citizens of the town of Middleport have filed their agreement to pay the county of Iroquois $2,000 toward building the court-house in case it remains at Middle- port, and inasmuch as the undersigned have filed their agreement to pay the county of Iroquois $2,000 toward building the court-house in South Middleport or Stanley's addition thereto, and as we understand said parties intend to make an additional offer of several hundred dollars just on the eve of the election, to prevent us having the oppor- tunity to compete with them, therefore we propose and agree to pay to the county of Iroquois a sum of money (in addition to the $2,000 filed by us) equal to whatever sum may be pledged and secured by good and responsible parties and persons, and filed by said parties or any person or persons on behalf of the town of Middleport in the Iro- quois county court before March 17, 1863, in addition to the $2,000 already pledged by them. And we do hereby agree and bind ourselves to do, pay and perform whatever said parties may or will become obli- gated to do, pay or perform by virtue of any bonds, notes, agreements or other instruments that may be filed in the Iroquois county court' be- fore the day of the election, to wit, March 17, 1863, by them, for the purpose of building a court-house and saving the people from taxation, and we agree to be bound by the same obligation they may file, save and except that ours shall be payable on condition that the county seat be removed to South Middleport or Stanley's addition thereto, by vote of the people, on March 17, 1863. And we further agree to pay to the county of Iroquois, on the same conditions of the above agreement, the sum of $100 over and above, and in addition to all such sum or sums of money that we have agreed to pay, and making the amount $100 better to the county than the said parties of and on behalf of Middleport have or may be obligated to pay before March 17, 1863."
The election took place at the stated time. The " South Middle- port ticket - for removal," received 1,138 votes ; and the " Old Town
26
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HISTORY OF IROQUOIS COUNTY.
ticket - against removal," 810. The immediate impression was that the matter was now settled, and that nothing could hinder the board of supervisors from proceeding with the erection of the public build- ings. A call for a meeting was promptly made by one-third of the members, and on the 23d the board assembled "for the purpose of selecting a site for the court-house in the town of South Middleport, in pursuance of a special law passed by the legislature entitled 'an act to enable the people of Iroquois county to vote for the removal of the county seat,' approved February 11, 1863, and in accordance with a vote of the people liad on March 17, 1863." Having resolved into committee of the whole, the board adjourned to make the selection. They did not reassemble till the next morning, when their only pro- ceeding, except to adjourn again, was an order fixing 1 o'clock in the afternoon as the time at which they would have read the injunction filed in the circuit court against the board of supervisors, the county and circuit clerks, and the treasurer. This injunction was sued out the day before by W. F. Keady, C. B. Barnes and Lewis Tronp. In the bill, among other things set forth, it was represented that the act of February 11 was unconstitutional, for the reason that " the said act was not read in either the senate or house of representatives composing the general assembly, on three different days, as is required by the constitution of the state, there being no emergency declared in either house. Under the constitution, no public act could take effect until the expiration of sixty days from the end of the session at which the same had been passed, unless, in case of emergency, the general assem- bly should otherwise direct. Consequently, this act had not become a law at the date of the election. The legislature had adjourned till June. Supervisor Fry submitted resolutions, the preamble to which affirmed that " whereas the people of Iroquois county have decided by their votes, by 320 majority, that the county seat of said county shall be removed to South Middleport ; and whereas, there is an injunction pending in the circuit court of said county by which it is sought to set aside the expressed will of the people; and should said injunction not be tried before the June term, it will be too late to apply to the legis- lature (in case that should be necessary) for two years to come, there- fore " it was resolved to petition Judge Charles R. Starr, of the twen- tieth judicial circuit, to hold a special term of court to try the injunction, and thus enable the people to apply to the general assembly in June for further legislation, if found to be necessary. A committee was appointed to employ good counsel for the county. The injunction was not tried until the November term, when it was made perpetual. The case went to the supreme court on appeal, and the law was de-
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HISTORY OF IROQUOIS COUNTY.
clared unconstitutional. All this time that the old town was waging a hopeless contest the county was at growing inconvenience, and the papers and records exposed to constant risk, for want of suitable build- ings. There was no disposition shown by the supervisors to rebuild on the original site, and much less since the voice of the county had pronounced for removal. So an enforced delay until the assembling of the legislature in 1864-5 succeeded. At that session both factions were again promptly represented by lobbyists, the old town sending this time but one person-R. K. McIntyre. Some of the chief defend- ers of the place, who had been furnishing the brains in the controversy, having now acquired some interest in Watseka (the name had been changed from South Middleport, September 17, 1863), had lapsed into inactivity. An act, which was approved and became a law February 6, 1865, was obtained, designating Watseka " as laid out and platted
on the entire southeast quarter of section 32 * as the point to which the county seat of said county may be removed from the town of Middleport." The first Tuesday in April (4th), 1865, was fixed for the election, and in the event that the county seat should be established at Watseka, the board of supervisors were constituted con- missioners to select a site for the erection of public buildings ; and it was made their duty to remove the records and offices of the county within ten days after the election. At the appointed time the issue was decided in favor of removal by a majority of 831 votes. The supervisors convened at the county clerk's office on Monday, the 10th, and a committee of their number, consisting of Franklin Blades, C. F .. McNeill and Kendall Shankland, were appointed to superintend the removal of the county offices. The board then adjourned, " to meet at 9 o'clock to-morrow, in the lower room of the building occupied as a school-house, situate on lot No. 11, in block No. 20, in the town of Watseka." This building was declared to be the court-house of Iro- quois county, and the first floor was used for the county clerk's and treasurer's offices, and the county court and supervisors' room. The office procured for the circuit clerk was on lot 6, block 27. This officer moved perhaps not fewer than half a dozen times.
BUILDING OF THE PRESENT COURT-HOUSE.
At the May meeting, begun on the 2d, C. F. McNeill, A. S. Palmer and K. Shankland, previously appointed to receive and examine the different propositions for the location of a public square, reported, . recommending lots 4 to 13, inclusive, in block 29, which were offered to be partly donated and partly sold, about $1,600 being demanded for them. The recommendation of the committee was adopted and war-
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HISTORY OF IROQUOIS COUNTY.
ranty deeds procured. Lots 4 and 13 on the east side of this purchase were set off for a public street named Lincoln, and the remainder were declared to be the permanent public square of the county seat upon which to erect the court-house and offices. Micajah Stanley donated and conveyed to the county eight lots, in pursuance of a prior agree- mneut. Watseka had given bond to erect temporary county offices in case of removal. A proposition was now received from citizens of the town to exchange for that obligation a subscription of $2,500, on con- dition that it be applied to the immediate construction of a permanent court-house. This was accepted, and a written agreement, made May 26, 1865, with the provision that one-half be paid when the brick for the edifice should all be burned; and the giving of this sum was declared to be a release from all other obligations to furnish temporary buildings for the use of the county. Franklin Blades, C. F. McNeill and A. S. Palmer were appointed a building committee, and authorized to contract for the burning of 400,000 brick; to advertise for and re- ceive sealed proposals to build a court-house either of stone or of brick, to be 50×70 feet : the lower story twelve and the upper twenty feet high, with suitable rooms for the circuit and county courts and board of supervisors, the circuit and county clerks and treasurer; also grand and petit-jury rooms, and two fire-proof vaults. The building was required to be completed and ready for use by November 1, 1866. The committee was further authorized to adopt all the details of the plan and to let the contract. These and other instructions were given at different meetings of the board as occasion demanded. They were directed to offer in payment one half of the contract price on March 1, 1866, and the other on March 1, 1867, with the privilege, if they found it expedient to use county orders, to require the clerk to issue the whole or any part of them. At the August meeting it was re- solved that the whole cost of the " court-liouse and jail" should not exceed $25,000, and subsequently the building committee were in- structed to sell " the town lots lately donated to the county by the citizens of Watseka." C. B. Leach, architect, furnished plan and specifications, for which the board allowed him $300. On August 23 the committee opened the sealed bids in the presence of the county clerk and president of the board. Strother Moore, of Lafayette, Indi- ana, was the lowest bidder for the contract, which was awarded to him for $22,700. Charles O. Gorman, of Peoria, having made a bid to Moore for a portion of the building, upon request, it was agreed to make the contract with both of them. On November 24, when the board were again in session, the contract and bond not having been signed by the contractors, the committee were instructed to notify Moore to attend
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to that by January 1, at the expiration of which time, if that should not be done, the committee would relet the contract. They were furthermore authorized to enlarge the contract so as to include a base- ment and jail under the court-house, the total cost of the structure not to exceed $28,000.
On January 2, 1866, the contract was relet to Amzi C. Mantor, of Iroquois county, who was to furnish all the materials and labor neces- sary, and to have the building completed by November 1, " except the seating and railing and judge's desk within the circuit court room, and the inside painting of the entire building, and that said court-house and jail should be entirely completed on or before February 1, 1867." He was to receive $28,000 in installments, as follows : $10,000 March 1, $4,000 June 1, 1866 ; and $14,000 March 1, 1867. In lieu of the last payment he was to take, at his option, county orders as the work pro- gressed, but for no greater amount than the value of the labor and materials furnished, the committee to determine the amount. Mantor gave bond, withı W. B. Fleager, Benjamin Fry, Jesse Eastburn, C. Secrest, Charles Sherman, Micajah Stanley and Putnam Gaffield as sureties. In May, a new board having assembled, E. C. Hall, of Onarga, was appointed on the building committee in place of A. S. Palmer, not returned this year. The edifice was completed, and full settlement made agreeably to the contract, and at the May meeting in 1867 the board tendered Mr. Mantor their cordial thanks for the fidelity with which he had "in every respect and under all circum- stances " fulfilled liis engagements. A portion of the basement was fitted and furnished by the committee for apartments to be occupied by the jailor's family.
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