History of Madison County, Illinois With biographical sketches, Part 31

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 31

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The county was now a year and a half, and its govern- ment just one year old; and as our judges concluded to have an overhauling of the public cash-box, Josias Randle having officiated as clerk, and having procured many little articles for his office, presented a claim for $115.532. and had it allowed. The sheriff came in with a claim of $96 223, which claim was also allowed, and taken as a voucher in his settlement. William Ottwell and John Kirk- patriek, who had served as judges of clection in 18i2, re- ceived each $6.00 for their services. William Rabb and Jacob Whiteside presented their claims as judges of the court of Common Pleas. How Mr. Rabb came to bring in this claim is inexplicable, for the records do not contain his name as officiating as a judge. Mr. Ribb was a justice of the peace, and represented the county in the second territo- rial Legislature-1814 aud 1815. Isom Gillham, sheriff, now came into court and made a settlement of his labors as collector and acting treasurer of the county. From his report it appears that the total revenue of the county, in its first year, amounted to $466.843, to wit :

RECEIPTS :

From Thomas Kirkpatrick, tavern license $ 6.50

From Abraham Prickett, Merch int license. 15.00

From Sam'IG. Mooss, probably Morse, ) merchant license 15.00

From Squire Davidson, three fines . 2 50

From the Court, one fine, James Green 1.00

From tax-levy of 1813 . 426.84}

Total . $406.84}

EXPENDITURES :

To Isom Gillham, ex-officio services $75.00, attending election in 1812, 86.00, by one day's attending the let- ting of the jail $2 00, by services in two criminal cases, U. S. of America, vs. Robert Pulliam $12.10, by the price of three quarts of whiskey, in letting the jail, 81.123, amounting in the aggregate to . . . . $96.22} To Josias Randle, services as clerk and sundries . 115.531 To John G. Lofton, twenty-one days attending as judge of probate . 42.00

To George Cadw ll. six days' attendance as judge,

$12.00, and listing property for taxation per 1813, twenty days . 32.00

To Jacob Whiteside, five days, as Judge of Com- mon Pleas . 10.00

To William Ribb, four days' attendance as such 8.00

$303.76₮

Surplus . $163.08₺ Thus ended the first year with a snug little sum hoarded up for future use.

The court next proceeded to scleet a grand jury to serve at the June term, 1814, of the Circuit Court. A former term of this court was held in February, 1813. The grand jury of that term had to be convened by order of the Judge (of the circuit court), as the court of Common Pleas had

skillful mechanie, of Prairie Du Pont, St. Clair county. While his pious neighbors said: "True as gospel," or a grim In lian-fighter cried : " Sare as de uh," Dall would qualify his assertions by the words: "Sure as a Creamer lock and double tricker, by (i. ...! "

* Pulliam kept a tipling house, and had been indieted by the first grand jury of the county for selling liquor without license. Michael Dodd, a constable, had informed and testified against Pulliam. A fight soon followed, in which Dodd got worsted. Pulliam was fined $1 50 for this fight. Michael Dodd was quite a character in his day ; some of our older residents relate a number of anecdotes about him. He was a great admirer of the celebrated Creamer guns, made by a 16

122

HISTORY OF MADISON COUNTY, ILLINOIS.

not yet been organized The records of the first three terms of the circuit court are not in existence,-and the meagre account given in these pages of said three terms was gath- ered from a few papers which have remained on file. The names of the grand jurors having served at the first term- February 1813, have not been preserved. The second grand jury convened in the county was composed of the following "gentlemen freeholders," to wit .: William Rabb, foreman, John Clark, Benjamin Stedman, William C. Davidson, Samuel Judy (sometimes spelled Judah, neither of which is correct, as the family name largely aud favorably known in Switzerland, the native home of the colonel, is Tschudi), James Renfro, James Kirkpatrick, Francis Kirkpatrick, Josias Right, John Robinson, Martin Woods, William Pur- viance, Samuel Brown, Joseph White, Solomon Preuitt, Samuel G. Moore, Jobn Mckinney, Charles Gillham, James Wright, William Ottwell, Isaac Gillham, sr., John Kirkpat- rick, and Robert McMahan.

August Term, 1814. John G. Lofton, Thomas Kirkpat- rick and George Cadwell, on the bench. Samuel Lce, and Andrew St. John, were licensed to keep taverns, because they were men of good character, and will probably keep orderly houses, for which license they had to pay $5.00, and $4.00 respectively.

The Court House, with a view of its site, was mentioned at this term for the first time. T. G. Davidson was appointed supervisor of a new road, beginning at the northwest branch of Cahokia creek, opposite the Court House of Madison county, and ending at the bank of the Mississippi river, where Jacob Whiteside formerly lived.

December Term, 1814. The court met at Kirkpatrick's, and immediately adjourned to Samuel G. Morse's; no reason given for this sudden and abrupt change of base .- Charles R. Matheny, a young aspirant for the bar and forensic honors, received, by order of court, a certificate as to being a man of honesty, probity and good demeanor.

Samuel G. Morse was granted license to keep a tavern, and paid an annual tax of $5.00. He too was considered to be a man of good character, and that he would probably keep an orderly house. Should it be possible that this license affair was the cause of the sudden adjournment from Kirk's to Morse's? The diligent caterers of our days would certainly have intimated to the "court that an excellent lunch " had been prepared for the occasion, and that besides mine host was celebrating his birth-day for the fourth time in 1814. George Cadwell was also licensed to keep a tavern, at the same rate and on the same suppositions mentioned in the Morse case.

William Ottwell heretofore employed to build a jail for the county reported, that his work was completed and ready to be turned over to the authorities. The judges walked over to view and inspect the edifice, whereupon it was received as built according to plans and specification. Ott- well received $194.00 for the building. This jail was con- structed of logs, and perhaps lined with plank, on the nar- row square in lower Edwardsville, and served as a common prison until 1822.

The last will and testament of Benjamin Young, late of

Madison county, was produced in court at this term, and it being the first document of the kind brought into court, its contents are here introduced at length :

FIRST WILL OF RECORD.

In the name of God Amen. I, Benjamin Young, of Madison County, Illinois Territory, being weak in body considering the uncertainty of this mortal life, but being of sound and perfect mind and memory, blessed be Almighty God for the same, do make and publish this my last Will and Testament, in manner and form following, (that is to say), First : I give and bequeath unto four children, viz , Joseph Thomas, Loui-a, Delinda, and Ulisses Young, one certain section of land lying and being in the Indiana Ter- ritory, Franklin county, on the waters of White Water, now in the hands of my uncle John Carson, living in the State of Ohio, who is my lawful attorney, to be equally divided between them. Secondly: I will that my black mare and my rifle gun be sold. Thirdly : I will that all my notes of hand, bonds or other obligations, now in the hands of John G. Lofton and William Gillham, Esquires, be appropriated to the payment of my lawful debts. And lastly : as to all the Rest, Residue and Remainder of my personal estate, goods and chattels, of what kind and nature soever, I give and bequeath the same to my beloved wife, Sally Young, to be and remain at her own disposal forever. I also hereby constitute and appoint John G. Lofton and William Gillham, Esquires, above named, executors of my last will and testament.

In witness whereof, I have hereunto set my hand and seal, the 20th day of December, in the year of our Lord, Eighteen hundred and Thirteen.

BENJAMIN YOUNG, [SEAL].

Signed, scaled and acknowledged in the presence of us,

JOSIAS RANDLE. - JOSIAS WRIGHT.

January 18th, 1815.

JOSIAS RANDLE, Recorder, C. M.

N. B. A marginal note sets forth, that this will was recorded in Book B, pages 19 and 20.

At the county election held in August 1814, William Rabb had been chosen representative of the county, and he in company with Col. Samuel Judy, Senator, had been at- tending the first session of the second Legislature of Illinois at Kaskaskia from November 14 to December 24th, 1814. This Legislature held a second session, from December 4th, 1815 to January 11, 1816, when John G. Lofton also ap- peared as a representative of Madison county.

This Deeember term of 1814 was the last term of the Court of Common Pleas. A territorial law of December 19, 1814, had provided for the creation of a county court for each county, to consist of three judges, to be appointed and commissioned by the Governor. These courts were to have, possess and exercise all the powers, privileges and jurisdic- tion and to perform the same duties, that the courts of Common Pleas of the respective counties might lawfully

123

HISTORY OF MADISON COUNTY, ILLINOIS.

have performed except so far as relates to the trial of causes civil and criminal, over which the county court shall have no jurisdiction for the trial thereof. (In this clause may be found the best evidence of the political wisdom of our pio- neers, for in giving to the county courts purely administra- tive functions, they avoided all conflicts, sure to come wherever administrative and judiciary functions are to be performed by the same authorities or individuals. ) The county courts held three sessions during the year, to wit : on the first Mondays in the months of March, June and Septem- ber. The compensation of the judges was moderate, to wit : $2.00 for every day " they shall sit."

The first term of this new court of the county of Madison was held on the 6th day of March 1815, when John G. Lof- ton, Thomas Kirkpatrick and George Cadwell exhibited to one another their respective commissions duly signed by Ilis Excellency, Governor Ninian Edwards, and authenticated and sealed by Nathaniel Pope, secretary.

The court granted to Samuel Delaplain the privilege of erecting a mill-dam on Frank's branch of Cahokia creek in Goshen township, and then had a settlement with Isom Gillham, the collector and acting treasurer of the county. Gillham reported to have collected $405.50 of the tax levy of 1814, merchant licenses of Abraham Prickett, James Stears and Kirkpatrick and Lusk $45 00, tavern licenses of Tom Kirkpatrick, Andrew St. John, Samuel Lee, S G. Morse, $19 00, fine of Bill Bridger for beating a woman 87.50, and tax on 65 writs-at 50 cts. each-$32.50, all amounting to $509 50. The sheriff took credit for delinquencies of 1813- $53.30, commissions of 74 per cent. on $289.31, land tax 828, 01, for his attention at the autumn election in 1814, 86.00, locks for the jail doors $3.00, compensation paid to the com- missioners appointed to locate the county seat, for their labors $14.00, fees paid to the judges of elections -18.00, for amount paid William Ottwell for building the jail $194.0 ), to Matthew Duncan for printing $3.00, and compensation for official duties 871.831, amounting in the aggregate to $386. 141-leaving again a surplus of $123.35}, which added to last year's surplus of $163.08} increased the reserve funds of the county to $286.433.

There seems to have been a general settlement among or with the county officials, from which it appeared that the county was then owing 844 00 to Kirkpatrick, 840.411 to Josias Randle, $32.00 to John G. Lofton and $38 00 to George Cadwell, or $154 411 in the aggregate.

1815, June 5. Willliam Jones produced his commission as treasurer of the county, issued by the Governor under the act mentioned heretofore.

The court gave John Newman permission to build a water grist-mill on Indian creek, the land on both sides of the creek being his property. George Davidson built also a grist- mill on section 5 T. 4-8 on similar conditions. Upton Smith obtained leave to build a water-mill on the northwest quarter of section 31 in T. 5-8, also on Indian creek, and Nicholas Jarrot, the mill builder, par excellence in those days, petitioned the court for permission to erect a mill-dam at Indian ford on Cahokia creek, where he intended to erect a large flouring mill.

The September term of the court was short and the busi- ness transacted of no public interest. It should be stated however that the court changed head-quarters during that term by transferring the county scat to the tavern of John T. Lusk.

The law creating the county court was amended by an act of the legislature, approved January 6th, 1816, by which the powers of the county courts were increased, giving them orig- inal jurisdiction of all demands for direct payment of money where the same shall be over twenty dollars and not exceed- ing one hundred dollars. These courts were to hold four terms each year, and the judges and clerks thereof were to be appointed by the Governor for the term of three years, . " during good behavior "

The first judges of Madison county, appointed under this act, were George Cadwell, Samuel Judy and Thomas Kirkpatrick. Josias Randle was appointed clerk.

These gentlemen met on the 5th of February, 1816 and opened court in due form. At this term the name of Ed- wurdsville is mentioned for the first time, as Thomas Kirk- patrick was permitted to construct a dam at his mill site on Cahokia creek near Edwardsville.

1816, May 6. The building of the court-house is here mentioned in connection with a statement of the county in- debtedness, from which it appears that Samuel G. Morse, the contractor, had then a claim against the county by reason of said contract amounting to 8262.50, that he previously had received 875 00 from the county, and $100 00 donated by Thomas Kirkpatrick. The county debt is stated to have amounted to $577.043. The tax levy of 1814 was similar to the one of the previous year, with the exception that the head tax of $1.00 on every able bodied single man had been omitted. The sheriff nevertheless collected said tax, and the board or court sanctioned his proceeding at this term. The tax levy of 1815 was as follows: Each servant or slave $1.00, each horse above 3 years old 50 cts., each stallion one season's rate, houses in towns, mills etc., 30 cents per $ 00, valuation, each single man $1.00, ferries $3.00 each .- August term 1816.

George Smeltzer was licensed to keep a ferry-the 4th in the county-across the Mississippi north of the mouth of Piasa. Joseph St. John, Charles Stice and John Jones re- ceived each a bounty of 75 cents for killing wolves .*

The personal estate of W. L. Smith, deceased, was found insufficient to pay the debts, to wit: $1,551-75, and it was therefore ordered, that a tract of land, containing 250 acres, situated in Randolph county should be sold ; Henry Hays, the administrator, then brought into court $1,260 bank notes belonging to the said estate, whereupon the court condemned them as counterfeit, and ordered them burned, which was done accordingly.

* There were a large number of wolves killed in the said year. The wolf-scalp certificates of 1816, have remained on file in the court- house, and the writer gathered therefrom the names of the following Nimrods: W. B. Whiteside heads the list with 14 scalps ; William Howard 9 ; Robert Tolly 8; William Hinch, Isaac Ferguson, Andy Dunnegan, and Richard Brazle, each 6, Jacob Cummings. Joseph Dun- can, William Camp and Alv. Fuller, each 5; Philip Penn, Na-

124

HISTORY OF MADISON COUNTY, ILLINOIS.

A vast amount of probate business was transacted during this term; many administrators and guardians had been cited to appear. The proceedings had were accurate, and administrators and guardians were held to render strict ac- count.

William Jones, with the assistance and under the super- intendence of the prosecuting attorney, Wm. Mears, Exq. : proved his balance as county treasurer, to wit. : $5.373 ; Joshua Armstrong was permitted to build a toll bridge across Silver creek on the road leading from the "settlement," to the United States Salines, and to charge the following rates : Teams 25 cents, man and horse 12} cents, and men alone 6} cents.

1416, November 4th. A very cold day. The records state,-Julge Cadwell was absent, and Messrs. Kirkpatrick and Judy adjourned to the Clerk's office, the court house not being prepared for the court's sittings. The work of the court was confined to the probate business exclusively.

1817, February 12th. William Jones, having been ap- pointed Judge, took the seat of Thomas Kirkpatrick, and in connection with George Cadwell and Col. Judy, proceeded to business.

Thomas Reynolds was granted permission to establish a ferry on his " Improvement," on the Illinois river, two miles above its confluence with the Mississippi.

Uel Whiteside was licensed to locate a ferry a small dis- tance above Portage des Sioux, at Chiltron's improvement

Samuel Gillham, and Joseph Meacham were licensed to run a ferry across the Mississippi at the mouth of Little Piasa. This ferry was intended to divert the constantly increasing number of immigrants from Smeltzer's ferry, which was located some five or six miles further north.

A new road was laid out in the interest of this ferry. It extended from Sealy's mill at Milton, on Wood river, to Gillham and Meacham's ferry, in the town of ALTON. This is the first time that the name of Alton is mentioned in the records of the county-12th of February, 1817.

In pursuance of au act of the last session of the legisla- ture, the court now procceded to lay off the county into townships, to wit. : Six Mile, Big Prairie, Wood rirer, Goshen, Silver Creek. The boundaries of these townships are mentioned on another page of this chapter.

The court-house, built by Samuel G. Morse, was received by the court as being finished during this term, and the sheriff, acting as treasurer of the county, was ordered to pay the contractor the sum of $262,50, balance due him. It is difficult to state the exact cost of this log-hall of justice. It seems, however, that the county paid $337.50. and that Hon. Thomas Kirkpatrick ha i also contributed $100.00 as a do- nation, making the total cost $437.50. This court-house was

than Daniels, Thomas Cummings and James Eathels, each 4; Jesse Starkey, Samuel Whiteside, and Isom Gillham, each 3; Field Jarvis, Joseph Iloward, Andrew Wallace, G. Patterson, and James S.eele, each 2; Abraham Howard, John Johnston, Abraham Char- lock, William Scott, John Thomas. Dial Davis, Samuel Davidson, Moses Archer, Joseph St. John, and Jacob C. Gillham, each 1,-121 in all.

a rough and uncouth building, and was kept in use but a few years.

The first pauper mentioned as a county charge was one James Prichard, who had been taken in charge by George Richardson, on the 22d of December, 1815, and kept by him until the 22d of December, 1816. Mr. Richardson charged and received $40,00 for it from the county.

1817, June 11th. Joseph Conway a d Abraham Prickett were appointed to superintend the making of a Judge's Bench, and other benches necessary for the court-house of Madison county, to be furnished by A. O. Kelly, the cabi- net-maker These benches were completed during vacation, and Mr. Kelly received his pay, $58.50, on the 14th of Oc- tober, 1817.

The circuit elerk was permitted to make a window in the court-house, at his own expense-if he thought proper.

There were seven ferries licensed by the county, at rates varying from $2 00 to $12.00 per annum. Smeltzer paid $12.00, Dejailais, Cheek, Meacham, each $5.00; Isom Gill- ham $3.00; Uel Whiteside and Thomas Reynolds, each $2.00 per annum.

The sheriff' reported to have collected the following amounts for the year 1816 :

Taxes-as per assessments $607.80

Merchant licenses, four, each $15.00 60 00

Tavern licenses, collected . 20.00

Total 8687.80

And produced the following vouchers :

George Richardson, on act. of panpers $40 00

S. G. Morse, bil. court house contract 262.50

County Judges' salaries . 110.00

Wolf scalps . 14.50

Constable fees 4.00

Coroner fees

7.75

Attending elections

12.00

Delinquencies 47.00

County orders paid 74.50

Fire wood and house cleaning . 2 25

Per centum for collecting revenue . 57.00

Ex-officio salary, seventeen months 70.00

Total $701.70

Balance due the sheriff .

$13.70

This account was examined, found correct, and approved.

George Coventry obtained a license to keep a tavern in Edwardsville, for which he paid $7 00, while Joshua At- water acquired the same privilege for $4.00. Samuel Jacka- way established a tavern at Reynolds' ferry on the Illinois river, and paid $4.00 for his license.

On application of James Mason to remove the jail of this county in the town of Edwardsville to that corner of the public square directly opposite, or back of the court-house, it is ordered that leave be given him to do so, provided it be done without expense to the county, and that the jail be left in as good repair as it now is.

With the proceedings of this term ended the official duties of the so recently organized county courts. The legis- lators, ever anxious to make laws, and more so to repeal

125

HISTORY OF MADISON COUNTY, ILLINOIS.

them, had passed an act-January 12th, 1818-by which the administration of county affairs was entrusted to the various justices of the peace, similar to our present system under township organization. The affairs of the several counties of Virginia had been well conducted in this manner. The last or third territorial legislature con- vened at Kaskaskia on the Ist of December, 1517, and ad- journed on the 12th of January, 1818. Madison county was represented in the Senate, (Legislative Council), by Judge John G. Lofton ; it was impossible to ascertain who the representatives were, who at any rate, did not attend the sessions.

1818, January 12th. Justices in attendance : Thomas G. Davidson, Micajah Cox, Rodolphus Langworthy, John Howard, Joseph Meacham, Amos Squire, John McKinney, Jesse Starkey, John Springer, Joseph Eberman, Joshua Armstrong, John Hone, Hail Mason, Abraham Prickett, and J. T. Lusk. The name of Big Prairie township is abol- ished, and " Greenfield " substituted -afterwards Alton. The wolf scalp bill of 1817 was presented to the court, and it appeared that $137.75 had been paid for the killing of 220 wolves, in or near the "settlements."

The court ordered that all the claims against the county should be presented at the April term of this court, and that no claim should be considered which had not been presented at said term. The court granted two more ferry licenses on the Illinois river, viz. : To Jabiz Ferries, on sections four- teen and twenty-three, town eleven, range two, west ; and to George Cadwell, at a place called Movare Terrie, (probably mauvais terres, band lands), on the Illinois river. Dr. Cadwell seems to have worked his way up north,-his name was found among the early settlers of De Witt county, where he had pitched his tent before the "winter of the deep snow."

1818, August 3d. Hail Mason, J. T Lusk, and the Rev. Green P. Rice were appointed a committee to contraet for the building of a well on the public square in Edwardsville, of the following dimensions : four feet in diameter, to be walled as high as the water will rise, with stone, and the remainder with good brick. The well when walled to be 23 feet in the elear, and also for the building of a substantial frame, and the procuring of windlass and rope.

1818, December 9th. Last meeting of the justices' court. The well mentioned above was completed at an expense of $192.04. The sheriff made settlement of his tax collection ; they had amounted to $720 80, while the expenses reached the enormous amount of $355.92. The territory of Illinois had now ceased to be, and the justices' courts ended with it. Madison now a county of the State of Illinois, entered upon its mission with an empty treasury, and a debt of $255.92.

TIIE CIRCUIT COURT IN TERRITORIAL TIMES.

The records of this court are incomplete; the first volume, containing the minutes of its proceedings during the terms held in February and June, 1813 and 1814, is not to be found in the circuit clerk's office; in fact, it has been known for years that the book was missing. A meager account of

the proceedings of the May and September terms, 1815, of this court was discovered by the writer in the first volume of the records of the court of common pleas.

From various files still in existence, it appears that the Hon. Jesse B. Thomas officiated as Judge during the period mentioned, and continued on the bench until March, 1818. Court was held at the house of Thomas Kirkpatrick. Ben- jamin Stedman was the foreman of the first grand jury of the county, as appears on an indictment returned into court in February, 1813, and signed by said Stedman as foreman of the grand jury. The victim of this indictment is Robert Pulliam for beating and wounding Michael Dodd, a consta- ble. Another indictment again-t Pulliam for selling liquor in quantities less than one quart, to Michael Dodd and Bolin Green, preceded the one above. It was signed by Daniel Gillmore, prosecuting attorney. A third indictment against Pulliam for keeping a disorderly house was prose- euted by George Davidson. In the first case, Pulliam was found not " gilty," as Thomas Gillham, foreman of the jury expresses it; in the second case, Pulliam plead guilty, and was fined, and in the third, the jury could not agree.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Madison County, Illinois With biographical sketches, Part 31

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

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