History of Madison County, Illinois With biographical sketches, Part 30

Author: Brink, W.R. & Co
Publication date: 1882
Publisher: Edwardsville, Ill. : W. R. Brink & co.
Number of Pages: 698


USA > Illinois > Madison County > History of Madison County, Illinois With biographical sketches > Part 30


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izing it here, also, was inaugurated. It must have been provoking to see a desirable population turn their backs t the beautiful lands on the east bank of the Mississippi and cross over to select inferior land for their settlements. Hon. Jos. Gillespie tells an anecdode of a rawbonded Tennesseean passing with his family and property through Edwardsville on his way to Missouri. Being asked why he would not rather remain here than move further on, he opened his big mouth, saying: " Your sile is rich and fertile and the country is fine, but God dern ye, a man is not allowed to own niggers here." But to return to the subject, it should be stated that the ordinance of 1787 was prospective only and did not affect the condition of the French slaves or their descendants.


The legislature of Indiana passed various aets in Septem- ber 1807 (Illinois was at that time a part of Indiana) by which at least a temporary and modified form of slavery was effected. Negroes were brought into the state or terri- tory and there held as indentured servants. This act pro- vided that the owner of a person owing labor (slave) may bring such person into the territory and agree with him before the Clerk of the Court of Common Pleas of the county upon a term of service after the expiration of which the slave should be free. The ignorance of the poor blacks was taken advantage of for most of them would just as readily bind themselves for ninety-nine as for ten or fifteen years. The reader will find a number of such contracts below. The Clerk of the Court, Josias Randle, made a sarcastic remark on the margin of the contract by which Jack Bonaparte sold himself to Joshua Vaughn for ninety years, to wit: "Jack Bonaparte will be a free man on the 15th of March, 1905."


If an indentured slave refused to work the owner was allowed to take him to another state or territory, i. e., to sell him to some slave trader in the south. Slaves under the age of fifteen were held in servitude until the age of thirty-five or thirty-two according to sex. Owners had to give bond that slaves who would become " free " after their 40th year of age, should never become a county charge. The children of these registered slaves remained in servi- tude until they were twenty-eight and thirty years old according to sex.


The early records of the county give the following account of negroes held in bondage :


SLAVES IN THE COUNTY.


Sylvania-Betsey Holts registered-Feb. 25, 1815, a negro girl, agert 10 years, named "Sylvania " to serve 22 years-she was to be free on the 17th of May, 1837.


Jack Bonaparte-sells himself to Joshua Vaughn on the 15th of March 1815, for 90 years.


Benjamin-13 years-registered by Micajah Cox, Sept. 18, 1815 to serve 22 years-and to be free January 1st 1837.


Frankay, a negro woman, aged 23 years formerly owned by Etienne Pensoneau of St. Clair, and by him " transferred " to Samuel Gillham together with her girl baby, 1 year cl 1 for $500., U. S. currency to him in hand paid ; the deed is still in existence.


Frank, negro boy aged 13, registered by John McKinney, Oct. 19 1815, and to serve 22 years -will be free in 1837.


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HISTORY OF MADISON COUNTY, ILLINOIS.


Tamor -- a negro woman, lately purchased by Will. B. Whiteside, is registered for 20 years service March 8, 1811, to be free in 1834.


Henry, mulatto boy, aged 11 years, registered by John W. Johnson, April 11. 1816, also by same.


Mariah, a ninla'to woman, brought to this territory by the said Johnson to serve 17 years .- April 11 1816.


.lggy, negro wench 22 years; brought to the territory by James Reynolds, is registered for 60 years-to be free in 1876.


Vat, a blackman, 17 years old, brought in the territory by Michael Dodil and by him registered to serve 35 years from May 31, 1816-to be free in 1851.


Isauc and Diek, negro boys aged 7 and 6 years; registered by Lou Jackson June 3d, 1816.


Tom, colored boy 11 years old, registered by Martin Jones, Feb. 5, 1816.


Hunnah, black woman, recently brought to territory by Henry Hays and by him registered for 21 years from June 12th 1816 until 1837.


Amy, black woman, 21 years old, brought into the territory by Wm. Savage, registered for 30 years service, from June 10th 1816-will be free in 1846.


Adam, black man, 21 years of age, registered by Robert Pulliam- indentured for 36 years from June 21, 1816-to be free in 1352.


Lucy, black woman, 25 years of age, and 3 children, Frank 7 Reu- ben 6 and Silvy 2 years ; board to be paid-registered by Samuel Judy for 20 years from Oct 11 1816to 1836.


Maria, negro girl, 11 years old, registered by James Gingles.


Robert, blackman, 24 years, sold himself to James Henryford, for 50 years from Dec. 30th 1816.


Bill 11, Tom 9, negro boys-registered by same party same day.


Ephraim, aged 18, sold himself to Whaley Moore for 21 years ; Jan- 11, 1817.


Hark, Winn, Debb, Moriah Caroline, Lou'sa, and Barkley, 7 negro children, registered by Benjamin Stephenson, lately from Randolph coniy, La., Jannary 15, 1817.


Milley, a black girl aged 18 years, registered by Joseph Carroll.


Ved, a blackman, aged 21 years, bound himself to John Wilkins for 80 years from May 12, 1817 to 1897.


Mary, Chaney, and Lydia, 3 negro-children, registered by Jacob Lurton, May 12, 1817.


Abby. negro woman of 35 years, and Willis her boy of 17 years, bound themselves to said Jacob Lurton for 50 years from May 12, 1817.


Matilda, black woman, aged 20 years, bound herself to Thomas Hempstead for 70 years from June 7, 1817.


Richard, a negro man, bound to George Moore until Oct. 1818 ; was sold to George Richard for $100, June 23, 1817. Hence it would ap- pear that the services of an able bodied man in those days were worth about $50 per year and clothes.


Peter, aged 17, bound himself to William Scott for 99 years from Nov. 6, 1817.


Temp, a negro girl of 17 years, bound herself to Will. Hoxsey for sixty years from Dec. 1, 1817.


Dusry, black woman of 24 years, bonnd herself to Mrs. Francis l'atliam for 99 years from Dec. 8, 1817.


Jennie, a negro woman of 45 years, bound herself to James Gray for ten years from Dec. 24, 1817.


Fanney, aged 22 years, bound herself to said Gray who had brought her to this territory, for 50 years from Dec. 24, 1817.


Richard, aged 5, Kissey, aged 3, and Jesse aged 1 year were also reg- istered by the said Gray on said day.


James Suggs, alias James Singleton, a black man, bound himself to Samuel Judy for 12 years from January 2nd, 1818.


MMolley, a black woman aged 45, bound herself to Joel Starkey for 40 years from January 2, 1818.


Sarah, aged 19, bound herself to John Wallace for 90 years from January 6, 1818.


Charlotte, aged 23, brought to the territory by Peter Branstetter,


bound herself to him as servant for 90 years from January 13, 1818.


Jarret, boy 15 years, bonnd himself to Joseph Conway for 30 years Feb. 18, 1818.


The foregoing statement mentions the names of slaves and inden- tured servants, 47 in all, prior to the state organization. This list is followed by a


REGISTER OF FREE PEOPLE OF COLOR,


made in pursuance of an act to prevent the migration of negroes and mulattoes into the territory, and for other purposes.


The county records contain the following memorandum in referenc, to this matter to wit :


Friday September 15, 1815. The reason, why the following free people of color were not registered within the time limited by law, is that the knowledge of the said act did not come to our hands in time it not being published until a few weeks previous to the present date. Certified by me JOSIAS RANDLE, C. C. C. M. C.


This day personally came James Suggs Singleton with Phillis his wife and four children, to wit : James, Isac, John and --? to be entered on record as the law directs.


James S. Singleton, 45 years old, black, 6 feet high manumitted by John Edgar of Kaskaskia.


Phillis Singleton, 55 years old, yellow, 5 feet high together with children above mentioned, aged respectively 20, 13, and 12 years, black and all manumitted by Ogle of St. Clair county.


Charles Barton, 43 years old, yellow, manumitted by John Adair of Kentucky.


Phebe Burton, his wife, mannmitted by Ogle of St. Clair.


George, William, Eliza and Polly, their children, free born.


Louvisin Vanderburg, wife of Samuel Vanderburg (no further re- marks -. )


Sarah, formerly owned by John Dudley, then by John Smith, then by John Fulton and lastly by Robert Reynolds; was by him regis- tered as entitled to her freedom on the 1st of September 1825.


Charity Richards (wife of George Richards) 18 years old, manu- mitted by Ogle of St. Clair


Benjamin, David and Joseph-her children, free born.


Chty Smith, 21 years old, wife of Cupid Smith yellow, manumitted by John Kirkpatrick of Madison county.


Billey and Isaac, her children-free born.


This concludes the list of free negroes then living in the county-twenty, all tokl.


In order to point out the rigorous conditions of the inden- tures mentioned herein, the following proceedings in the Circuit Court of Madison county in May 1818 are here in- troduced. The cause is entitled, George, a black man, vs Robert Whiteside, his master, in May term 1813. The suit was brought to recover damages.


The case was tried before a jury on the 29th of May. The jurors were Owen Evans, Edmund Randle, Alexander Byram, David M. Gillham, Joshua Dellap ain, Thomas G. Davidson, Chad Brown, Richard Brownfield, Samuel Thurs- ton, Aaron Sutton, Henry Brown and William Scott. Their verdict was for the defendant.


On motion of the plaintiff by his attorney the following bill of exceptions was filed :


Be it remembered that on the trial of this cause the de- fendant offered the following deed as evidence in bar of the plaintiff's action, to wit : Illinois Territory, Madison county, know all men by these presents that I George, a negro man formerly the indentured servant of Uel Whiteside of said county, for and in consideration that Robert Whiteside of


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HISTORY OF MADISON COUNTY, ILLINOIS.


said county at my special instance and request, first to him expressed, to purchase the right, title, interest and claim of said Uel Whiteside to my services for fifteen years yet to come and whereas said Robert has exhibited to me satisfac- tory testimony of his having purchased from said Uel Whiteside all his right and claim and pretentions to my ser- viees as his indented servant for fifteen years yet to come, and in consideration also of the following articles to be given and delivered to me by said Robert at the expiration of my term of service with him, to wit: one horse, one yoke of young steers and plow, one ax and one hoe. I do hereby bind and oblige myself to serve said Robert Whiteside for the term of fifteen years from the date hereof, in the same manner as indented servants under the laws of this territory are bound to serve their masters, an I, for every day I lose by voluntarily absenting myself from the service of the said Robert Whiteside, without his consent first had and obtained. I do promise to serve him at the conclusion of the aforesaid period of service two days for every one so lost, and should I at any time, before my time be completed with him, run away from his, said Robert Whiteside's service, then and in that case I do hereby authorize and empower him, to pursue me and if necessary, use force to bring me back to his service and if necessary, BY FORCE OBLIGE ME TO EXECUTE all and every of his reasonable commun Is, and the said Robert is to find the said George meat, drink, lodging and clothing for said term of service, such as is suitable and customary for negroes to have.


In testimony whereof we do hereunto set our hands and seals this 12th day of February 1815.


Ilis


George X


SEAL


Test.


mark ROBERT WHITESIDE.


W. B. WHITESIDE.


SEIL


The plaintiff objected to the reading of said deed as evi- dence, which ohjeetion was over-ruled by the court, and the deed admitted to go in as evidence to the jury, to which opinion of the court the plaintiff excepts and prays this bill of exceptions may be signed, etc, which is done


JOHN REYNOLDS


SEAL


The irrepressible negro is now dismissed, to appear again in the celebrated suit of Madison county against her noblest citizen, . Edward Coles, the Governor of the state.


FIRST EFFORTS OF COUNTY GOVERNMENT.


Iu territorial times the government of the counties was entrusted to courts of Common Pleas, who also transacted the probate business. The honorable members of those courts were called "Judges" from the day they appeared on the " Bench " for the first time, and during life. All officers held their positions by appointment, with the excep- tion of representatives and senators. Even justices of the peace were appointed by the governor, usually at the recom- mendation of the Judges of the court of Common Pleas. It


was thought that the dignity so very desirable on the bench as well as in the "'Squire's " chair, might be lost by the vulgarity of elections. The tenure of office, as a rule with but few exceptions, lasted as long as life. Who, that has ever witnessed it, does not remember with certain pride and satisfaction the gray-headed "Squires" of former years, neatly attired in their home-spun apparel, their cleanly shaved faecs, radiant with kindness and expres ive of the dignity of their position ?


The first meeting of the court of Common Pleas of Madi- son county was held on the 5th day of April, 1813, at the house of Thomas Kirkpatrick, where the Hon. John G. Lofton and Jacob Whiteside, judges, had met as directed by the governor's proclamation. Josias Randle was ap- pointed Clerk.


The business transacted at this meeting may here he briefly related. Polly Snider, orphan daughter of Joseph Snider, deceased, chose Jesse Waddle * for her guardian.


The court appointed Joseph Newman and John Kirkpat- rick road overseers. The only established public roal at that early day seems to have been the one leading from Thomas Kirkpatrick's mill on Cahokia creck southwest, past Col. Judy's to Iudian Ford, on said creek, thence to Cho)- kia, the county seat of St. Clair, the mother county. The court also appointed overseers of the poor for the four town- ships into which the county appears to have been subdi- vided, ealled respectively Shoalcreek in the East, Goshen in the center, Woodriver in the Northwest, and Six Mile in the South west.


Martin Wood, admistrator of the estate of E-ther Ewing, deceased, filed an inventory and sale bill of said estate.


This inventory was dated November 14th, 1812, is cor- reetly made out, and as it contains a pretty complete list of what constituted the personal property of an American pio neer family at the time when Napoleon Bonaparte crossed the Berezina, we introduce it here at length, also giving the values put upon those articles, goods and chattels by the appraisers, Isom Gillham, Henry Cook, ( who spells his name Kook, thus indicating his Teutonic descent, and that, in fatherland, he was known as " Koch )," Thomas Kirkpat- riek, and Ephraim Woods .- We find there a bay mare and eolt, worth $55 00; a sorrel marc and colt, $30 00; a cow and a yearling calf, $12 00 ; a bed, bolster and pillow, $8.00 ; 5 bed covers, $10.00; a flax hackle, $4.00; a set of spools, $1.50; a side saddle, $11.00; 2 pewter dishes, $6.00; a pewter basin and two plates, $200; a Dutch oven and hooks, $1.50; a sifter, 75 cents; a bell, 75 cents ; a pot, $2.00; a pair of silver knee buckles, $1.00; a pot trammel, $3.00 ; a pair of wool cards, $5 00 ; a fur hat, $5.00; a wool hat, $1.00 ; a churn, 25 eents; a hatehet, 50 cents ; a pair of steelyards, 83 00 ; 2 blind bridles, $2 00 ; a bucket of iron tin, $1.00; a clevis, 75 cents ; 2 pair of chains and hames, 84.50; an axe, $1.50; a set of plow irons, $3.00); a eurb


* The Waddle's came to the territory with James Lemon as early as 1786. The first Americans arrived in 1780, led by James Moore,- Shadrach Bond, and Larken Rutherford among them, Virginians and Marylanders. This first corps of pioneers was reinforced by Joseph Ogle and others, in 1785.


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HISTORY OF MADISON COUNTY, ILLINOIS.


bridle, 50 cents; two shovels, $1 00; 5 books, $3.25; wear- ing clothes, $8.00; a sickle, 50 cents; 5 acres of corn stand- ing in the field, $30.00 ; a red cow and calf, $11,00; a black do. $11.00; a black steer, $8.00; a yearling steer, $4.00; another pot trammel, $2.50; a counterpanc, $1 00; 2 bed quilts, $8.00 ; a meal bag, 75 cents : a bay horse $45.00, and the "improvement," $80.00-aggregating $421.50. The appraisers had overestimated the values, for all the property was sold at public auction for $338.623. Thomas Gillham bought the silver knee-buckles for $1,00, and the fur hat for $4.50; Henry Cook paid $4.00 for the flax hackle ; Martin Wood, the administrator, bought the "improvement" for $27.75. All articles bought by him were sold below ap- praised values, and it may be presumed that he bought them for the family ; there seems to have been no bidding against him. A big wheel, not inventoried, was sold to Zudok New- man for $25.00, and " Davis Stocktain " bought a number of hogs, not inventoried, for $13.50.


The estate of Prudence Carterland, mentioned at the same term, was of about the same value as the one above, but, of course, no knee buckles had to be inventoried in this case.


Thomas Kirkpatrick obtained license to keep a public house-a tavern-for or because he is a man of good character and will probably keep an orderly house. It is to be presumed that old Tom did really and actually keep an orderly house, for he had his license renewed from year to year, and never a complaint was made against him in court. Only once in the many years of his tavern life may Mr. Kirkpatrick have given offence. The records state the Judges met in December 1814, at Kirk's and immediately adjourned to the house of Samuel G. Morse. Sam also kept a tavern, it was newer than Kirk's and perhaps his grog a little stiffer. Kirkpatrick was taxed $6 50 for his license, which amount he paid to Isom Gillham, the sheriff, as per Gillham's report of April 1814. This money was probably the first that graced the treasury of Mulison county. The court which had granted him the license, next stipu- lated a schedule of prices for all commodities to be had at the tavern. A square meal should not cost more than a quarter of a dollar, for corn or oats he was allowed to charge one bit per gallon, and hay or fodder for the night was 123 cents, rum or wine 373 cents per half pint measure, gin 25 cts., and peach brandy or whiskey 12} cents per half-pint measure.


The August term 1813, was held at the tavern of Kirk- patrick, who, by this time, had become one of the Judges himself. John G. Lofton presided.


Two new roads were laid out at this time, oue leading fromn Thomas Kirkpatrick to the bridge on Long Lake. George Barnsback, William Ottwell and Micajah Cox had acted as viewers and reported in favor of opening this road. The other from said bridge southwest to near William Rad- cliff's on the Mississippi river, a few miles above the St. Louis ferry, Josiah Cummings, Alexander Waddle and John Clark viewers.


The revenue law in force at the time provided, that for the purpose of raising a tax upon land, lands should be divided into three classes. The Mississippi and Ohio Bot-


toms were to be considered first-rate, all other located land second rate, and all claims to land that had been confirmed by proper authority, were to be considered as third-rate, until they had been located. Persons owning such con- firmed claims, or third-rate lands, were held by law to list the quantities for taxation ; a fine of $5 00 was imposed for every 100 acres not so listed, one half of the fine went to the territory, the other half to the informer. The territo- rial tax levy on land was a fixed amount per 100 acres and according to rate of land, to wit: Mississippi, Ohio and Wabash bottoms $1.00 per 100 acres, all second rate lands 75 cents per 100 acres and all unlocated and confirmed claims 37} per 100 acres (Laws of Illinois, December 1812.) ยท A law levying a license tax of $40.00 on every billiard table in the territory, payable to the territorial treasury was enacted December 24, 1814. Another act of the same date created the office of County Treasurer. Such Treasurers were appointed and commissioned by the Governor. It was their duty to receive and disburse all funds of the county and to account for them once a year to the Court of Common Pleas. These accounts had to be made up in the presence and under the direction and advice of the territorial attor- ney, who was paid a fee of $10 00 for every settlement thus superinten led. The compensation of the Treasurer was a per centum of his receipts and disbursements, to wit : five per one hundred. The Treasurer was made ex officio assessor and his compensation fixed at $2 00 per day.


George Cadwell was appointed Commissioner to list the property in the county for taxation for 1813 and it was ordered by the Court that the following species of property be subject to taxation at the following rates: Each able- bodied single man $1.00, each negro slave $1.00. (Subse- quently negroes were assessed as personal property and taxed accordingly ; as seen in subdivision of this chapter under the captiou of "From 1818 to 1830," each horse, mule or ass 50 cts., each stud horse at a season's rate, (prac- tical and just,) Baker's ferry on the Mississippi $1.00, Samuel Gillham's ferry $1.00, W. B. Whiteside's ferry $1.00 and Walker's ferry $3.00. Houses, lands and water- mills were ordered to be appraised. The lists were made by Cadwell as ordered and the taxes so extended were collected ; they did not amount to much, to wit: $426.84, or about the 1000th part of the tax levy of 1875. The lists were not preserved, having been utilized with other documents and files as waste paper and sold for old rags. It would indeed be of interest to learn now who was the Croesus in 1813, and how much it took to be considered as such. The num- ber of taxpayers must have been very limited, there were then only 161 men subject to road labor living in the county, and it is not probable that the number of families exceeded the above number. In our days where the theories of Thos. R. Malthus and others have taught the timid to dread the dire consequences of over-population the average number of individuals to a family is considered to be about five, but in pioneer times it is safe to take six as the average. The names of those 161 road hands are introduced in the pioneer chapters, and are therefore here omitted.


William Rabb-sometimes called Robb-made applica-


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HISTORY OF MADISON COUNTY, ILLINOIS.


tiou to the court for permission to erect a mill-dam for a grist mill to be erected ou Cahokia creek in section 20, town 3-8.


The court appointed a jury composed of Samuel Judy, foreman, John Gillham, Thomas Gillham, John Nix, Michael Squire, John Newman, William Grotts, William Wingfield, Peter Hubbart, John Barnets, Ileury Cook and Sylo Jeneson to view this mill-site and to report to the court at the December term 1813. This report is recorded worded as follows :


The lands overflowed by the erection of such dam belong to the United States, and the damage will be very ineon- siderable, in fact there will be no damage to the United States as the lands are already frequently overflowed and utterly untillable, no mansion house, curtilage, or garden will be overflowed by the erection of such dam, fish of passage will not be obstructed by it, said stream or creek is not navigable at present, and the health of the neighbors will not be annoyed by the stagnation of waters occasioned by the erection of said dam, as there are no settlers residing in the vicinity.


The logie of the last sentence is very striking. As there were no settlers there, their health would certainly not be annoyed, while the frogs, lizards aud turtles would rather enjoy the dam and greater spread of water.


During the December term 1813, there were three new roads laid out ; one leading from the Indian ford on Cahokia Creek to Savage's shoal on Wood River, was placed under the management of Josiah Vaughan, as overseer, the second led from Kirkpatrick's mill to George Moore's place ou Indian ereek, with Ephraim Wood as supervisor ; and the third under management of Henry Hays extended from the bridge on Long Lake, south through six mile prairie to the county line.


The ferry rates heretofore established for the territory of the county by the Court of Common Pleas at Cahokia were now regulated by the Court of Madison county, who ordered that the following charges should be lawful : Loaded wagon, $2.00; light wagon, $1.50; carts, $1.00; man and horse, 75 cents; lone man, 25 cts., cattle per head, 12} ets. ; sheep or hog, 64 cts. ; and merchandise 12} cts. per 100 lbs. These ferry rates were frequently changed, and besides they were not uniform as to the various ferries in existence.


William Ottwell was again appointed assessor of the county.


April Term 1814-Judge Lofton was absent, and the public business transacted by Kirkpatrick and Cadwell. Thomas G. Davidson, a Justice of the Peace, paid into the court three fines by him collected, to wit : from Robert Pulliam, assault aud battery, $1.50, and 50 cents each from Thomas Watkins and John Conaway, for a similar offence .*




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