USA > Illinois > Massac County > History of Massac County, Illinois with life sketches and portraits > Part 4
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In 1809 there were but two counties, St. Clair and Ran- dolph. The first territorial legislature increased the number to five by the addition of Madison, Gallatin and Johnson, in (1812); and Jackson, (1816); the four latter constituting Southern Illinois.
CONGRESSIONAL HISTORY.
Shadrach Bond, Benjamin Stephenson, and Nathaniel Pope succeeded each other as territorial delegates to congress, (1809-1818). When Illinois was admitted it constituted one
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MASSAC COUNTY.
Congressional district, from 1818-1833. This period was cov- ered by the sixteenth to twenty-second congresses, inclusive. Daniel P. Cook of Kaskaskia, a Democrat, represented the State in the XVI., XVII., XVIII., and XIXth Congresses from 1818 to 1827, when Joseph Duncan, Democrat, of Jackson and Morgan counties, succeeded him and served during the XX., XXIst and XXIInd Congresses, 1872-1883.
February 13, 1831, the state was divided into three dis- tricts and an election ordered on the first Monday in August, 1832. Gallatin, Pope, Johnson, Alexander, Union, Jackson, Franklin, Perry, Randolph, Monroe, St. Clair, Washington, Clinton, Bond, Madison and Macoupin counties formed the First district. Massac was not yet formed. Charles Slade, Democrat, Belleville, was elected, soon died and was succeed- ed by John Reynolds, Democrat, Belleville, who continued through the XXIIIrd and XXIVth Congresses, 1833-1837. Amos W. Snyder, Democrat, Belleville, was chosen during the XXVth Congress, (1837-'39), and Reynolds then succeeded him through the XXVIth and XXVIIth congresses, 1839-'43.
March 1, 1843, the state was redistricted, and Massac hay- ing been formed, Feb. 8, 1843, was included in this apportion- ment. Along with thirteen other counties of Southeastern Illinois it constituted the second congressional district, there being seven in all. John A. McClernand, democrat, Shawnee- town, represented this district from 1843-'53.
August 22, 1852, the state was divided into nine districts, Massac with seventeen other counties in Southern Illinois, con- stituted the ninth. Willis Allen, Democrat, Marion, served from 1853 to 1855; Samuel S. Marshal, Democrat, McLeaus- boro ,1855-'59; and John A. Logan, Democrat, Benton, 1859-'62; April 4th, 1862, Logan resigned, entered the federal army and was succeeded by W. J. Allen, Democrat, Marion.
April 24, 1861, thirteen districts were constituted, and Massac, with fourteen other Southern Illinois counties, consti- tuted the thirteenth district. An error was made because the state was entitled to fourteen Congressmen, hence the first case of a Congressman-at-large, or elected by the vote of the whole State. William J. Allen was re-elected in 1863, and served till
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HISTORY OF
1865, during the XXXVIIIth Congress. He was succeeded by A. J. Kuykendall, Republican, Johnson county, 1865-'67; Green B. Raum, Republican, Metropolis, 1867-'69; John M. Crebs, Democrat, Carmi, 1869-'73; and John A. Logan had been re- turned as Congressman-at-large as a republican, 1867-'71, when he resigned and took his seat in the Senate.
July 1, 1872, there were constituted nineteen districts in the state, Massac county with nine other contiguous counties forming the eighteenth district. Isaac Clements, Republican, Carbondale, served from 1873-'75; William Hartzell, Democrat, Chester, served 1875-'81; when John R. Thomas, Republican, succeeded him from Metropolis and served five terms success- ively, 1881-'91.
April 29, 1882, the state was divided into twenty Congres- sional districts and Massac, with nine others, constituted the twentieth. John R. Thomas served three terms under this ap- portionment and was succeeded in 1889 by George W. Smith, Republican, Murphysboro.
June 9th, 1893, the number of districts was increased to twenty-two and Massac placed in the twenty-second. This is the last apportionment, but will be changed, 1901, by the legis- lature and the number increased under the census of 1900. George W. Smith, Republican, Murphysboro, has represented the district for six successive terms, 1889-1900. He is his party's nominee for the seventh term, subject to the election in Novem- ber. L. O. Whitnel, Democrat, Vienna, is his opponent. It will be seen that every Congressman until 1865, was Democrat- ic, when the Republicans elected A. J. Kuykendall. Successes alternated until the first election of John R. Thomas, Republi- can, over William Hartzell, 1879, since which time the Re- publicans have remained in power.
JUDICIAL HISTORY.
The constitution of 1818 established a supreme court of one chief and three associate justices. Inferior courts were subjects of legislation.
By an act of the Legislature, January 7, 1835, all laws re- quiring justices of the Supreme Court to hold court in the
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MASSAC COUNTY.
various counties was repealed. By act of Jan. 8, 1829, the General Assembly had been directed to elect one circuit judge to be assigned to a circuit north of the Illinois river. In addi- tion to this the act of 1835 created five more circuit judges to hold court in the counties to which they might be assigned. This number was increased from year to year until by an act of Feb. 10, 1841, the whole judicial organization of circuit judges was wiped out of existence and the General Assembly by joint ballot directed to choose five additional associate justices of the supreme court, who were to preside in connection with the three associates and chief justice then in office. Nine judges performed circuit duty in the nine circuits reorganized by the same act and continued to do so until the changes wrought by the constitution of 1848.
The constitution of 1848 established a supreme court of three judges-one elected from each of three divisions of the state for nine years. Nine judicial circuits were also estab- lished, subject to change in number by legislation. Each judge served six years, and required two terms at least of circuit court annually to be held in each county.
The constitution of 1870, created a Supreme Court of seven judges, elected by the people and to serve nine years. The state was divided into seven supreme divisions. Appellate Courts might also be created by legislation. The Legislature accordingly created four appellate courts in 1877. The Su- preme Court assigns the duty of holding appellate court in each appellate division to three circuit judges-one to preside-for a term of three years. Circuit courts-"The People's Tribunal" -were also constituted by the constitution and have original jurisdiction of all causes in law and equity arising between man and man. They also have appellate jurisdiction over cases from the inferior courts. Perhaps 95 per cent of all causes never go beyond these courts. Each county shall have two terms, at least, annually. Circuit judges serve six years.
The legislature in 1873 divided the state into twenty-six judicial circuits, outside of Cook county, and ordered the elec- tion of one judge to each circuit. In 1877, the number of cir- cuit judges was increased by creating thirteen circuits of three
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HISTORY OF
judges each, twelve of whom were assigned to appellate duty upon the organization of those courts. In 1897 a new appor- tionment of judicial districts was made, constituting seventeen districts instead of thirteen. The salary of a circuit judge is $3,500 annually.
Early courts for people of this section were held in Ben- ton, Jonesboro, Vienna, etc. When Massac county was organ- ized in 1843 the first term of circuit court convened on the third Monday of October, 1843. The judge, however, did not arrive until Tuesday, and the record says, "Present, the Hon. Walter B. Scates, associate justice of the Supreme Court of the State of Illinois, and presiding judge of the third judicial circuit of said state." Judge Scates continued to preside until the October term, 1847, when he was succeeded by the Hon. William A. Denning, associate justice of the Supreme Court. Judge Denning was relieved at the June term, 1854, by Hon. W. K. Parrish, a circuit judge, in and for the third judicial cir- cuit. Hon Wesley Sloan, commissioned judge in the nine- teenth circuit, March 19, 1857, succeeded Judge Parrish at the April term, 1857, and presided continuously until the Novem- ber term, 1867, when Hon. John Olney succeeded him. Judge Olney presided until the May term, 1869. Hon. David J. Baker succeeded him. Judge Baker successively presided through the long period reaching to the November term, 1877, which was held by Judge John Dougherty. Judge Baker resumed this bench in the following April term, 1878. Judge Monroe C. Crawford held the November term, 1878, Judge Oliver A. Harker the April terni, 1879, when Judge Baker again resumed the bench of Massac county, continuing until April term, 1884, during which year Judge O. A. Harker was the presiding judge. During the April term, 1885, Judge David J. Baker again pre- sided. At the special August and regular November term, 1885, Judge Robert W. McCartney presided and continued un- til the November term, 1891, except the November term of 1888, when Judge George W. Young presided.
Hons. Joseph P. Robarts, Oliver A. Harker and A. K. Vick- ers were elected judges for this, the first circuit, June 1, 1891, and re-elected June 7, 1897. During this time they have each
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MASSAC COUNTY.
served upon the bench of Massac county. Judge Robarts is now assigned to this county.
LEGISLATIVE HISTORY.
When the first territorial legislature was elected, Oct. 9, 10, and 12, 1812, there were five counties, St. Clair and Rau- dolph, created 1795, and Madison, Gallatin, and Johnson, or- ganized Sept. 14, 1812. This legislature comprised five council- men (Senators) and seven representatives. Pierre Menard was president of the council. Thomas Furgeson was the council- man from this territory then comprised in Johnson county. He held the position from 1812 -- the first session-until the close of the early session, 1816, when John Grammar, then of Johnson county, succeeded him, having previously been the representative. Grammar was a member of the council when the state was admitted. Joseph Palmer was the representa- tive from Johnson county from 1816 to 1818 and Samuel Omel- veney became a member of the last session from the newly formed county of Pope.
By the constitution adopted upon the admission of the state, 1818, the number of representatives must not be less than twenty-seven, nor more than thirty-six until the population equaled 100,000 inhabitants, the senators were to be at least one-third the number of representatives and not more than one-half. Massac county being a part of Johnson and Pope counties until 1843, was represented in the General Assembly of Illinois by the Senators and Representatives from the dis- tricts in which they were apportioned. From 1818 to 1848 the adoption of the second constitution, Senators from Pope were Lewis Barker in the first, second, third and fourth assemblies (1818-'26); Samuel Alexander, fifth, sixth, seventh and part of eighth, (1826-1833); John Raum, part of eighth, and succeeded by James A. Whiteside in ninth and tenth; J. Worthington Gibbs, the eleventh and twelfth; George Waters, the thirteenth and fourteenth; Thomas G. C. Davis, afterwards of Massac county, and a member of the constitutional convention of 1848, of the fifteenth. The Senators from Johnson county were Thomas Roberts of the first; Milton Ladd of the second and
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HISTORY OF
third; John Ewing of the fourth and fifth; Willis Allen of Franklin county, afterward State's Attorney in Massac county, served during the fourteenth and fifteenth sessions.
The Representatives from Pope county up to 1848 were Hons. Green B. Field; Robert Hamilton; William M. Alexan- der; Edward Robertson; Samuel Alexander; James A. White- side; William Sims; Charles Dunn; Jonathan Dairman; John W. Read, afterwards Sheriff of Massac county; George T. Wa- ters; Philip Vineyard; William Rhodes; Joseph Diarman, and Wesley Sloan.
Johnson county has furnished Isaac D. Wilcox, William F. McFatridge; John Bridges; Joseph L. Priestly; John Oliver; Benjamin S. Enloe; John Dement; Andrew J. Kuykendall, and Enoch Enloe.
The constitution adopted in 1848 gave the senate twenty- five members and the house of representatives seventy-five un- til the population should reach one million, when the number in the house could be increased to 100. By section VII., the state was divided into twenty-five senatorial districts.
Alexander, Union, Pulaski, Johnson, Massac, Pope and Hardin comprised the first senatorial district. This appor- tionment stood until 1854. The Senators were William Y. Da- vis, Johnson county, sixteenth session; Andrew J. Kuykendall, Johnson county, seventeenth and eighteenth. The senatorial district did not, as now, coincide with the representative dis- tricts. Thus Massac, Pope and Hardin were allowed one rep- resentative and they were as follows: Wesley Sloan, Pope county, during three successive terms -- the sixteenth, seven- teenth and eighteenth. Judge Sloan proved a most effective member in the statutory revision.
February 27, 1854, Alexander, Union, Johnson, Pulaski, Massac, Pope, Hardin and Gallatin constituted the twenty- fifth senatorial district until 1861. Andrew J. Kuykendall of Johnson county served during all this time. Pope, Hardin, and Massac formed the second representative district as before and George W. Gray, Massac, Wesley Sloan, Pope; W. H. Green, Massac, served during the time, Hon. W. H. Green serving two terms.
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MASSAC COUNTY.
By an act of Jan. 31, 1861, Alexander, Pulaski, Massac, Union, Johnson, Pope, Hardin, Gallatin and Saline were formed into the first senatorial district and continued so until theadop- tion of the constitution, 1870. Hon. W.H. Green, Massac, served as Senator in the twenty third and twenty-fourth General As- semblies. He was the last democratic senator, being succeed- ed in the twenty-fifth and sixth by Hon. Daniel Munn of Alex- ander, now of Cook county. During this time Massac, Pope and Johnson continued as the second representative district and was represented by Hons. Thomas B. Hicks, Massac; Wil- liam A. Looney, Johnson; Phil G. Clemens, Pope; and Jona- than C. Willis, Massac.
By the constitution of 1870, the twenty-seventh General Assembly, convening Jan. 4, 1871, there were fifty senators from twenty five districts. Alexander, Pulaski, Massac, Union, Pope, Johnson, Gallatin and Saline made the first district. Si- mon K. Gibson, Gallatin, was chosen Senator and soon after died. He was succeeded by William G. Bowman, Alexander. The other Senator was T. A. E. Holcomb, Union. Pulaski and Massac sent one representative to this assembly, William R. Brown, who was the most influential member in making the ap- portionment under the new constitution. Beginning with the twenty-eighth General Assembly, which convened Jan. 8, 1873, there were by virtue of the apportionment of March 1, 1872, under the new constitution, fifty-one senators, each represent- ing a senatorial district containing the number of people ob- tainable by dividing the population of Illinois by the census of 1870, by fifty-one, which number of senators is fixed by the constitution and is unchangeable. The senators serve for a term of four years and the districts were numbered from one to fifty-one, beginning at Alexander county and ending with Cook. This was only for the numbering of the districts under the first apportionment, which is done every ten years. The even numbered districts, however, elected new senators in 1872 and the odd numbered in two years following, thus having what is termed "hold-over" senators in cach assembly, insuring ex- perience in legislation in that body. Hon. Charles M. Ferrell, Hardin, Democrat; Samuel Glassford, Johnson, Republican;
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HISTORY OF
Andrew J. Kuykendall, Johnson, Republican, were the Sena- tors until the apportionment of 1882.
By the same apportionment of 1872 each senatorial district elects three members of the lower house in each General As- sembly every two years. What is termed minority representa- tion was also established by the constitution, which seeks to give the party having a majority of voters in a district two rep- resentatives and the party having the minority vote one repre- sentative in the lower house. Each voter may, therefore, vote, one vote each, for three candidates, two of one party and one of another. Instead, however, if the voter's party has the two candidates, he may vote his three votes for the two, giving one and one-half votes each or he may give all three votes to one candidate. This is termed "plumping." In several districts three candidates of one party have been elected. The members of the lower house during the twenty-eighth, twenty-ninth, thir- tieth and thirty-first assemblies, representing the fifty-first sen- atorial district comprised of Pulaski, Massac, Johnson, Pope and Hardin were as follows: James L. Wymore and Francis Mc- Gee, Johnson county, and Newton R. Casey, Pulaski, in the twenty-eighth; Benjamin O. Jones, Massac, James R. Steagall, Pope, and Lewis F. Plater, Hardin, in the twenty-ninth; W. S. Morris, Hardin, Alonzo D. Pierce, Pope, and E. B. Watkins, Pulaski, thirtieth; James H. Carter, Johnson, Henry H. Spen- cer, Pulaski, and Thomas G. Farris, Johnson, who soon died, and William V. Eldredge succeeded him in the thirty-first; William A. Spann, Johnson, W. S. Morris, Hardin, and J. D. Young, Massac, in the thirty-second.
Under the apportionment of 1882, Saline, Gallatin, Hardin, Pope and Massac formed the forty-ninth district until the ap- portionment of 1893. During this time William S. Morris, Republican, of Pope, served four years; John Yost, Republi- can, Gallatin, four years, and Thomas H. Sheridan, Pope, four years, as senators. During this apportionment, the Republi- can members in the house were Robert W. McCartney, Massac, and William H. Boyer, Saline, in the thirty-third; James M. Gregg, Democrat, Saline, John Yost, Republican, Gallatin, Simon S. Barger, Republican, Pope, and W. V. Choisser, Dem- ocrat, in the thirty-fourth; William G. Sloan, Republican, Sa-
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MASSAC COUNTY.
line, Simon S. Barger Republican, Pope, and J. F. Taylor, Dem- ocrat, Pope, in the thirty-fifth; William G. Sloan, Republican, Saline, Royal R. Lacey, Republican, Hardin, and Hugh C. Gregg, Democrat, Gallatin, in the thirty-sixth; Fowler A. Arm- strong, Republican, Massac, Thomas R. Reid, Republican, Gal- latin, and Geo. B. Parsons, Democrat, Gallatin, in the thirty- seventh; H. R. Fowler, Democrat, Hardin, F. A. Armstrong, Massac, A. W. Lewis, Saline, Republicans, in the thirty-eighth.
June 15th, 1893 the counties of Pulaski, Massac, Johnson, Pope and Saline were formed into the fifty-first senatorial dis- trict, and Hon. P. T. Chapman, Johnson, has been the senator continuously. Fowler A. Armstrong, Massac, and Richard M. Johnson, Pulaski, Republicans, and C. A. F. Rondeau, Demo- crat, Pope, represented the district in the thirty-ninth; Joseph W. King, Pope, and William H. Parish, Saline, Republicans, F. A. Trousdale, Massac, Democrat, in the fortieth; Geo. E. Martin, Pulaski, and Oliver J. Page, Massac, Republicans, and A. G. Dabney, Democrat, of Saline, in the forty-first. The Re- publican candidates nominated July 8th, 1900, for the forty- second General Assembly at the Senatorial convention in Mound City were S. B. Kerr, Massac, and C. P. Skaggs, Saline. The Democrats have nominated L. H. Frizzell of Vienna, Johnson county, as the minority candidate for the forty-second General Assembly.
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CHAPTER VII.
COUNTY ORGANIZATION.
F EBRUARY 8th, 1843, by an act of the Legislature, Massac county was created. By that act the counties of Johnson and Pope were lessened and the following boundary line described: "Begin- ning at the southwest corner of Johnson county on the bank of the Ohio river, and running thence north with the range line dividing townships one and two, east of the third principal meridian, to Cash river, thence up to the center of the main chan- nel of said Cash river to the township linedividing townships thirteen and fourteen, thence east along said line, to the county line dividing the counties of Pope and Johnson, thence southeast so as to strike at the southeast corner of township fifteen south, six east, thence three miles south, thence east to the Ohio river, thence down the Ohio river to the place of beginning shall constitute a new county, to be called the county of Massac." The county surveyor of Pope county, G. H. Hanna, was ordered to survey the line between Pope and Massac county, before the first Monday of April.
In the same act an election of county officers for the new county was ordered for the first Monday of April, 1843, and the county clerks of Johnson and Pope counties were directed to issue notices of such election and returns from the election were made to the clerk of the county court of Johnson county, who was authorized to issue certificates of election to the offi- cers elect. Upon the election and qualification the said officers were to constitute the official organization of Massac county, as follows:
One sheriff, one coroner, recorder, one treasurer, one pro-
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MASSAC COUNTY.
bate justice of the peace, one school commissioner, three coun- ty commissioners, county surveyor, and clerk of the county commissioners' court.
The first meeting of the county board was held April 8, 1843, by S. G. Allen, Jonathan Moody, and J. T. Collier. Num- bers one, two and three were drawn to determine the term of service, resulting in Moody drawing one, Collier two, and Allen three. The bond of J. W. Carmichael as county clerk was ap- proved and adjournment taken until April 17th, when religious services, conducted by Rev. H. G. Estell, opened the delibera- tions of the board. At this meeting Johnson county orders were refused in payment of the amount of taxes due the newly organized county; William McDowell was appointed constable in Hillerman precinct to fill a vacancy. Orders were given for the reviewing of highways connecting given points over the most feasible route, which was not likely to promote very straight highways. Jackson, Washington, Metropolis, George's Creek, and Wilconsonville precincts were formed, judges ap- pointed and elections ordered. Fifteen road districts were formed and supervisors appointed; also Justice of the peace and constable precincts were established. Overseers of the poor in the various precincts to the number of six were appoint- ed at this meeting. The first order recorded is for three dol- lars in favor of the first sheriff, John W. Read, in payment for a blank book. July 4th ,1843, was the day appointed to sell on a credit of six, twelve and eighteen months' time, lots in Me- tropolis to the highest and best bidder. Elijah Smith was ap- pointed the first assessor of Massac county.
It was further ordered that sealed proposals be received for the building of the court house, all subject to refusal by the board, who would on July 5th, let the building of the court house out to the lowest and best bidder. It was also ordered that J. H. Wilcox & Co. execute a warranty deed to the county board and their successors in office for the two acres of land to form a public square lying north of said town and immedi- ately at the end of Market street. The rate of taxation for county purposes was fixed at 25 cents on every $100 valuation.
The meetings had been held in the Manville house, corner
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HISTORY OF
of Ferry and Second street. The old Methodist church was se- lected as the place to hold circuit court pending the construc- tion of a court house. On April 29th, 1843, the plan of the court house, drafted by Samuel Arnont was selected. June 6, 1843, Wilcox and McBane deeded two and one-half acres of land for a public square. The following constituted the first grand jury: Pleasant Ward, Perry Little, Hugh McGee, Wil- liam Thompson, J. B. Marbry, Burrel Anderson, Robert Whit- ton, Benjamin Connyers, Jacob C. Kidd, William Massie, J. C. Killgrove, Lewis Johnson, Jesse Simpson, C. A. Shelby, James Holmes, John Stubbs, Solomon Lytton, Reuben Smith, Isaac Davison, Hyram Golightly, Robert McCormick. All are now dead.
The petit jurors were: Perry Smith, Alfred Copeland. George Holden, William Cain, James Hall, James H. William- son, Moses B. Somers, John Looney, James T. Wilcox, John P. Choat, I. P. Hughey, A. B. Brown, A. W. Robins, Sylvester Smith, John Wilkins, Isaac D. Sugg, Edward Fleece, John Tooley, David Leech, James Turner, Levi Rice, Lyman Miller, W. W. Turner, and Young Lynn. J. P. Choat is the only sur- viving member.
March 6th, 1845, John West paid the county five dollars for a permit to erect a theater and five dollars was paid by a theatrical company for the privilege to perform September 1, 1845.
March 2nd, 1846, Valentine Owen was allowed to operate a ferry to Paducah from the opposite bank. The rate of taxa- tion for 1846 was 40 cents on each one hundred dollars' valu- ation. On September 21st, B. S. Enloe was removed from the office of commissioner of schools because he would not report according to the order of the county board and confessed him- self an embezzler. Richard S. Nelson was appointed to suc- ceed him, who was in turn removed for negligence, Dec. 22, 1846, and James Elliott appointed to succeed him. The tax rate for 1847 was 40 cents.
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