History of Lee County, together with biographical matter, statistics, etc., Part 28

Author: Hill, H.H. (Chicago) pbl
Publication date: 1881
Publisher: Chicago, H.H. Hill
Number of Pages: 910

USA > Illinois > Lee County > History of Lee County, together with biographical matter, statistics, etc. > Part 28

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The trip to Chicago consumed eight or ten days, the net results of

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which were a few sparing comforts, - perhaps a pail, a pound of tea, a little coffee and some "factory," a few nails, a barrel of salt, and occa- sionally a jag of lumber ; but rarely did one journey suffice to purchase so many needful articles. Will the reader suppose that these early settlers were chained to a hard lot ? Far from that was their condition. Although they were mostly poor and toiled hard, yet their surroundings were such as to take the sting from poverty ; for there was no " society " with its absurd conventionalities, and they found that labor stimulated an appetite devoid of fault, and inclined them always to health and refreshing slumber.

- tall, and strong, and swift of foot were they,

Beyond the dwarfing city's pale abortions ; Because their thoughts had never been the prey Of selfish care or gain ; the wilds were their portions, No sinking spirits told them they grew gray, No fashion made them apes of her distortions.

* * *

Motion was in their days, rest in their slumbers; And cheerfulness the handmaid of their toil;

Nor yet too many, nor too few their numbers ; Corruption could not make their hearts her soil.

The lust which stings, the splendor which encumbers, With the free pioneers divide no spoil."

All within a radius of many miles were neighbors; friendship and equality prevailed, and selfishness was as rare in those times as the noble qualities we have named are in these. Mutual dependence fos- tered a spirit of true sympathy, and every hand was ready and never forgot to assist, either in the smaller or the greater offices of kindness. No man or woman could excuse himself or herself from neighborly acts, nor would they have done so if they could. Such meanness would have been equivalent to banishment from the community. Neither was hospitality limited to friends, for it would not then have been hospitality, but it was extended even to the stranger, whom they greeted with thrilling welcome, smiles of joy, goodly cheer, and for whom they made a ready place of comfort at their glowing hearth- stones and plain, but tidy boards. In the broadest humanity they asked, " Who is my neighbor ?" Not like "a certain lawyer," " will- ing to justify himself ;" but to answer only as the unhampered soul in its natural vigor can, just as the Great Master taught. The desire to secure emigrants was very great, and every inducement in the form of entertainment, and assistance to find claims, was tendered to those who proposed to become actual settlers; and some went so far as to divide their own claims to secure near neighbors. It should be recorded of Mr. Searles that he was conspicuous for his efforts in this direction. In a few years population became comparatively numerous. Work on

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HISTORY OF LEE COUNTY.

the old Central railroad was an instrument which added not a little to the increase. The failure of that mammoth enterprise left some laborers too poor to get away, while others were too much pleased with the country to depart.

It would be impossible to give a complete list of the early settlers, but some not yet spoken of may be mentioned.

In 1839 Cyrus Davis and his son Cyrus A., Massachusetts men, improved a home on the S.E. ¿ Sec. 15; this land is now Wyman's addition to Amboy. In 1840 John Hook and his brother William and their parents, all from Maine, located their home at Rocky Ford in the month of February. Aaron Hook, another son, had emigrated to Bureau county two years before. Reuben Bridgman began an im- provement on Sec. 10 in 1840. Joseph Farwell came in 1841 and settled on the N.E. + Sec. 22. On this tract the original plat of Am- boy was located. Jesse Hale arrived in 1841; and Samuel Bixby, a " Green Mountain Boy," emigrated from Steuben county, New York, in 1844, and bought the claim of Joseph Gardner. Lyman Bixby migrated to these parts the same year.

Joseph Appleton came to the country as early as 1841 or 1842 ; sub- sequently he returned to his native state of New Hampshire, married, and in 1844 brought his family and settled on the E. ¿ of N.W. ¿ Sec. 22. This is now Gilson's addition to Amboy. Josiah Davis, brother to Cyrus, improved the W. ¿ of N.W. ¿ Sec. 22 about the same year of Appleton's final settlement.

Frances H. Northway removed to this township in 1844 and entered the S.E. ¿ Sec. 3. Orres Adams came with his family the same year, also David Searles and Alvan H. Thompson. Hiel Lewis reached this place from Pennsylvania in 1842, and Miles and Joseph in 1845.

In 1846 Seth W. Holmes entered the E. ¿ of S.W. ¿ Sec. 9, where he has since resided. Elijah and Warren Hill joined the settlement in the same year; and Henry C. Shaw came to Binghamton and en- gaged in the manufacture of the Doan plow.

The Hills established themselves on the school section, which, by the way, was all sold for sixty cents per acre.

In 1849 John M. Blocher settled north of Amboy, where the Shaw heirs now live. The Blunt farm was opened very early by a man named Hawley, who stayed a short time and then removed to another neighborhood.

SQUATTERS' ASSOCIATION.

Until the fall of 1844, when the first land sales were held at Dixon, the inhabitants of Amboy township (the reader will understand that for convenience we use names by anticipation) were squatters. The country had been surveyed into townships but not into sections; and

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when the last survey took place a general rectifying of lines occurred; not unfrequently the partition divided a claim in twain, and then would follow a trade with a neighboring squatter, one or the other perhaps taking up a new location.

It does not require much penetration to discover that anterior to this time, in the absence of all regulations for maintaining themselves in their homes, there would not have been wanting vexatious sources of disagreement, which would have ended in confusion, if not in some- thing worse. As the individual disposition is to infringe private as well as public rights, so the spontaneous movement of a community is toward the general security by opposing and restraining the smaller with the collective force. Nine years elapsed from the first permanent settle- ment of the township till the land came into market; during the first two years, and until immigration began to assume some importance, the danger from trespass or claim-jumping was too small to excite notice, but in 1837 the people in this vicinity banded together with those having a common center at Inlet Grove, for mutual protection, and the settlement of disputes respecting claims. Somewhat later the Palestine Grove Association was organized, and held its meetings at Sherman Hatch's and Wm. Dolan's. All necessity for it having ceased, in 1847 it was discontinued. The people were everywhere thus organized into associations, with meeting-places convenient to their locality. These were every one independent of the other, but as their objects were kindred, each was at all times ready to help enforce the authority of a neighboring organization on call. They were known as "Grove Associations," and the assemblies were called "grove meet- ings." From a few fragmentary papers, relics of the Inlet Society, for whose use we are indebted to the courtesy of Ira Brewer, Esq., of Bradford township, we are able to present a partial yet tolerably clear view of the powers assumed, the business transacted, and the manner of procedure adopted. The earliest document, the constitution, the original draft of which is in the handwriting of Joseph Sawyer, bears date at "Inlet, Ogle county, Illinois, July 10, 1837," and the sub- scribers, sixty-six in number, set forth their purposes in the following preamble : "The encouragement that congress gave to the pioneers of this country stimulated the present inhabitants to sacrifice property and ease, and commence a long and fatiguing journey in order to better themselves and their offspring,-not only to encounter the fatigue of a long and expensive journey, but also the privations to which they were exposed in consequence of the scarcity of the comforts of life, as well as the inclemency of the weather in open log cabins. Everything considered, we think it no more than right, just, and honorable that each man should hold a reasonable claim, and at the land sales obtain

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HISTORY OF LEE COUNTY.

his lands at congress price." They express their willingness to be governed by rules and regulations based upon equity, and adopt a code, a summary of the chief features being that they " voluntarily agree to join together in defense of their honest claims as far as prudeney and honorable principles dictate," and declaring that those which "have been established in the Grove shall be considered honest claims and defended as such." Provision was made for a committee of five to be chosen by the inhabitants to decide "in regard to the honest right and title to claims "; for the rejection of one or more of the committee by either contestant, and for the removal of the entire committee for cause at the pleasure of the citizens. A clerk kept the "proceedings of the Grove," which were to be free for the inspection of all concerned. Every rightful claimant was to be respected and defended as though he had a warranty deed for his land. The seventh and last article is in these words :

" Any person holding a claim must do $25 worth of work on said elaim within six months from the 10th of instant month or his claim shall be forfeited, unless sickness or something reasonable prevents." On March 16, 1839, a committee to which had been assigned the duty of reporting amendments, addressing the "grove," say they "believe it to be important that you not only live up to the spirit of the consti- tution formed in 1837, but that you amend it, and adapt it to a denser population." Already contemplating a dense population, and not yet 2,000 inhabitants in the whole county ! But then ideas are only com- parative. As amended, the constitution further provided for an annual meeting on the third Saturday of March each year, at which the presi- dent and clerk were to be elected ; it enjoined upon the latter officer the duty of giving members seven days' notice of special and annual meetings, and the calling together of the committee to hear evidence in contested cases, wherein two or more individuals pretended to rights in the same claim, and granting to either party the right of appeal from the decision of the committee to the society whose determination was to be final. The boundaries of the association were defined as extending " south half way from this [Inlet] grove to Knox, half way to Dixon, half way to Malugan, half way to Palestine and half way to Franklin Grove." Claimants actually occupying and improving land were entitled to pro- tection in a claim of one half-section. Nothing was to be construed contrary to the laws of the state or of the United States. All lands within the bounds of the association not recognized by the records of the same as "claimed" were to be considered as unclaimed. Privilege was given to any person residing within the jurisdiction of the association to become a member and have his claims recorded. At a called meeting on the 2d a general registry of claims had been made. At the annual

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meeting on the 16th George E. Haskell was chosen president for that year, and Martin Wright clerk. The committee elected consisted of Ran- som Barnes, D. H. Birdsall, Ozro C. Wright, Daniel M. Dewey and Benjamin Whiteaker. At the regular election, March 20, 1841, Messrs. Haskell and Wright were again elected president and clerk respectively, and D. H. Birdsall, David Tripp, Daniel M. Dewey, Charles Starks and Sherman Shaw committee. The president and clerk were reelected in 1842, and once more in 1843. For the former year Daniel M. Dewey, Joseph Sawyer, Benjamin Whiteaker, Charles Starks, and D. H. Birdsall constituted " the committee for the grove"; and for the latter, Daniel M. Dewey, Charles Starks, Joseph Sawyer, Benjamin Whiteaker, and Lewis Clapp.

A few extracts taken at random from their proceedings will convey a better idea of their administration of justice than any description can.

March 2, 1839. " On motion a vote was called relative to Roswell Streeter's holding the lot north of the township line (being north of the one claimed by Sherman Shaw), and decided in the negative; as also was the one east of this."

"A vote was taken on the question whether Sherman Shaw should be allowed to claim one lot north of his present one, and decided in the affirmative."

"A vote was taken whether Martin Wright should hold one quarter-section, being the two second lots lying north of the township line, and north of the two claimed by Whiteaker and Clapp, and decided in the affirmative."

"A motion was made by George E. Haskell, and carried, that all claims now made which can be satisfactorily proved by marks and evidence be entitled to the protection of the Grove as if they were en- tered, until a plat is provided embracing the tract within the Grove's jurisdiction."

A reconsideration of the vote in the case of Roswell Streeter was taken, and it was decided that he should not extend his elaim one lot farther north.

"Another vote was called to ascertain whether Sherman Shaw should have the lot contended for by Roswell Streeter, and decided in the affirmative."

" Voted that Lewis Clapp should hold one hundred rods in width north of the township line (being north of his present claim), extending the length of one lot ; and that Ozro C. Wright should have sixty rods in width and be permitted to hold the second lot north of the town- ship line (being north of his present claim)."

" Voted that Nelson De Wolf should be permitted to hold the claim of prairie that formerly belonged to Mr. Doge, but now forfeited."

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HISTORY OF LEE COUNTY.

March 19, 1842 .- " Voted that the claim of Samuel Wressell be forfeited ; also, that Samuel Cobel be permitted to take the same."

July 7. " The chairman stated the object of the meeting to be to take into consideration the difficulty which had arisen between Benoni Hannum and Martin Eastwood in regard to a certain claim lying west of Benoni Hannum's on the south side of the road."

On motion the constitution was read by the clerk.

" It was requested that Mr. Hannum make a statement in relation to the subject.

" A motion was made and carried that Mr. Hannum become a mem- ber of the association, and his claim be recognized by the constitution.

"A motion was made and carried that no member should withdraw from the society without leave of the association."

January 21, 1843 .- " The chairman stated the object of the meet- ing, namely, to take into consideration the adoption of such measures whereby we all may be protected more effectually in our claim rights.

" Voted that a committee go to Dixon and get a bond drawn for this purpose." Benjamin Whiteaker and D. H. Birdsall appointed.

January 28 .- "Article " read and unanimously adopted. Com- mittee of five, consisting of Daniel M. Dewey, Joseph Sawyer, Charles Starks, Daniel Frost, and Adolphus Bliss, appointed to circulate it for signatures.

" Voted that those members who have signed the article may have the privilege of erasing their names at the next meeting, provided all the members of the association do not sign the same."

February 2 .- Committee to circulate bond reported and was dis- charged. New committee appointed, composed of Charles West, Thomas Dexter, Martin Wright, Joseph Sawyer, and William Church.

February 17 .- " On motion it was carried that Joseph Sawyer, Lewis Clapp, Charles Starks, Daniel Frost and Sherman Shaw be a committee to go and see those members of this association that have not signed the bond, and obtain their signatures if possible.

The purport of this bond is to us as much a matter of conjecture as to the reader; but to throw some light upon it, as well as upon cognate points of interest, we copy the entire report, which was evi- dently made to the association about this time, or a little before. The chirography is that of Mr. George E. Haskell-a beautiful, lady-like hand. If any evidence were wanting to show the character of these early settlers in intelligence and scholarship, this report is all that would be required.

"The committee appointed to inquire into and investigate the necessity and propriety of adopting some more effectual means of se-

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curing claims embraced within the limits of this association, would respectfully submit the following report :

"In the examination of the subject submitted to their investigation your committee cannot but revert to the principles that have given rise to this association, and operated thus far to continue it in existence to the security and happiness of the community which it embraces. Thrown together as its members have been from various states of our Union, and possessing all the traits of character peculiar to those who have been reared under different circumstances, it affords a happy illustration of the tendency of our republican institutions, in implant- ing, nonrishing and keeping alive a spirit of equality and just regard for the rights of all, together with that predisposition to establish and maintain inviolate the social compact wherever the citizen of our country may be found. Actuated by this spirit, the inhabitants of this community early embraced the opportunity of bringing into prac- tical operation the principle of self-government, upon a point which legislative enactment could not reach, and which they have pledged their honor to support; and it is a source of mutual congratulation that thus far its tendency has been to produce the most beneficial results. The claims of all have been respected, and a just regard had to the growth and prosperity of the neighborhood, in the accom- modations afforded to all that wished to unite themselves to this com- munity in nearness of settlement. The plighted honor of the asso- ciation has been kept good, and from the indications around it would seem that all which was contemplated in the original organization of this compact is to be fully realized. Such is undoubtedly the case. But a change in our circumstances is about to take place. The rightful owner of the soil upon which we are located is to call upon us for his due, and that, too, at a period not far distant. Some, and it is to be hoped all, the members of this association will be able to answer the call and obtain a title to the land which they now claim. Under circumstances even of this character it would appear, perhaps, that the constitution adopted by this association might afford a sufficient guarantee for the rights and privileges of all, but a mature consideration of the subject has convinced your committee that such is not the case. In paying for 'land, whether at the general land sales or under the preemption law, the individual so paying receives his title to the same, which no right of the claimant can ever reach. This, of course, is a settled and incontrovertible point. Now it is well known and understood that there are individuals settled upon these lands embraced within the limits of this association, who by entering under the preemption law, in consequence of being located on one eighty of a quarter-section can carry the other with it, and thus deprive their neighbor of what,

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under the articles of our association, is considered justly his right to purchase of government. Again, many of the claims of the settlers are made according to imaginary lines, which, it is supposed, may be the lines established by the general survey, and will thus em- brace their claim in a certain section, quarter-section, etc., as the claim- ants themselves have marked them out. But respecting this there is great uncertainty. The survey may accord with the claim lines, and it may not. Instances have been mentioned, in the late subdivisions that have taken place, where townships in some cases have overrun and in others have fallen short. Thus a particular number of a sec- tion, or its quarter-section, may embrace one man's claim and part of another's, and the certificate, instead of giving him what was his, gives him what belonged to another, and deprives that other of his right. These two difficulties, it would seem, are the most important that pre- sent themselves to the consideration of this body at present, and to your committee they appear matters of consequence, and to call for some remedial action. If it be the case that anything interfere to pre- vent the settlers from obtaining a title to their just claims, which it is competent for this association to remove, it is but justice that its powers be exerted to that point. By its constitution all its members are entitled to call for such action; for who can resist the conviction that every member who has subscribed to it is pledged in his honor to assist in affording his neighbor all the assistance consistent with hon- orable principles in securing his claim against the encroachments of his neighbor? And if that security may necessarily extend to a legal obligation, to take effect after the land sale, does not his honor here plighted require that he should cheerfully accede to it? It mnay, how- ever, be presumed on the part of some that if such be the case the honor here pledged may be a sufficient guarantee from the purchaser of another man's claim to render him a title when the certificate from government is procured. But your committee cannot come to that conclusion. The association, as it now stands, presents a body of indi- viduals mutually dependent on each other; consequently what may be the interest of one must be the interest of all to a greater or less extent; and as the life of this association is co-existent with the life of claims, it is only during that period that its members are privileged with an appeal to its principles or jurisdiction. The purchaser, then, with his title in his hands, acknowledges no respect but to the law which secures the soil, and may forever stand aloof from him who has trusted in vain to his honor. Again, experience plainly proves that power, when once obtained, is likely to be abused. The individual to-day surrounded by circumstances that constrain him to act with pro- priety, and to deal out justice to all with whom he may stand con-

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nected, to-morrow, by a change of circumstances, may be ready to hold at bay all whom he had before respected. This principle in human nature, so generally applicable that any deviation from it is accounted an exception to a general rule, behooves men, as they regard their own peace and that of those around them, to guard well against it, and where or when can they be called upon more imperiously than in this association and at this time ? It is a call not only to secure effectually a right, but to perform a duty which respects the well being, future prosperity, peace and harmony of the social compact, of which each settler forms a part. To your committee it would seem that no reas- onable objection could arise in the mind of anyone to secure his neighbor by a legal obligation to take effect conditionally after the land sales may have taken place. This undoubtedly would prevent any disturbance whatever, and is so clearly predicated upon the golden rule that any man who might dissent [from it, would seem not to be actuated by those principles ; and if he could not now show himself willing to comply with them it cannot be considered safe to predict that he would at any time hereafter. It is therefore recommended to this association that they adopt the following resolution :

"Resolved, That the members of this association who may now have their claim limits marked and defined, be each separately and in- dividually required, as soon as it may be required of them by an ad- joining claimant, to enter into a bond with such adjoining claimant, conditioned that if he, the person so required, shall purchase or cause to be purchased of government any of the lands embraced within the adjoining claimant's claim lines, acknowledged and defined according to the customs of the grove association, he will convey by deed to such adjoining claimant (upon said claimant's furnishing the money to pay for the same to the government) all the land which he may have so purchased within his (the requiring claimant's) claim lines as above specified, within thirty days after such purchase. And further, that all those whose claim limits are not specifically defined shall immedi- ately proceed to have their lines clearly marked out according to the custom of this association, and enter into the bond as herein named and required of those whose boundaries are defined ; and upon failure of any member to comply herewith he shall cease to be a member of this association, and shall no longer be entitled to its protection. All of which is respectfully submitted.

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History of Lee County, together with biographical matter, statistics, etc., Part 28

Author: Hill, H.H. (Chicago) pbl Publication date: 1881 Publisher: Chicago, H.H. Hill Number of Pages: 910

Author: Hill, H.H. (Chicago) pbl
Publication date: 1881
Publisher: Chicago, H.H. Hill
Number of Pages: 910