USA > Illinois > McHenry County > History of McHenry County, Illinois, Volume I > Part 3
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PIONEER CONDITIONS
Mills, log schoolhouses and villages soon made their appearance and if unlike in that respeet, to those who in December, 1620, left the Mayflower for the bleak coast of New England, they brought no min- ister with them, that necessary element of organized society, was not long behind the forerunners of civilization, and preaching in barns, school and private houses was done to audiences more attentive, if less fashionable than now. These itinerant ministers found beneath every "shake" roof a hearty welcome to the table and a no less hearty one to the "shakedown" for the night, unless the host provided with that rarity in those days, a spare bed.
The rate of taxation for the early settlers was one percent on the following schedule: slaves, or indentured, or registered negroes or mulatto servants, stoek in trade, horses, mules, asses, and neat eattle above three years of age, swine, lumber, and one-horse wagons, eloeks, watches, ete., but none was levied on bank or railroad stoek, piano or silverware. The tax of 1837 for this county realized $370.86.
Among the curiosities of aneient legislation is a tavern license of 1837, costing eight dollars. So that the landlord might not swindle his thirsty customers, the board established the following prices for liquors : brandy, rum or gin, pints, 25 cents; wine, 371/2 eents; whisky, 121/2; beer or cider the same meals, 371% eents; lodgings, 121% eents; while a span of horses could chew hay all night for 25 eents.
OLD SETTLER'S ASSOCIATION
Not until 1868 was there any successful effort at organizing an old settler's or pioneer's society in this part of the state. Indeed it is singular that with the class of American-born people who settled this
HISTORY OF MCHENRY COUNTY
county that such a society was not formed long before 1868. And then it was combined with Lake County. The original meeting was at Libertyville, Lake County. The committee in charge decided that there should be held in Mellenry, Wednesday, September 8, 1869, a reunion of the old settlers of the two counties. This meeting was hekl and of it the Woodstock Sentinel said the next week: "The largest assemblage of people that had ever assembled in MeHlenry County, entirely exceeding the most sanguine expectations of its originators, and astonishing all present by the brilliantly successful manner in which all the arrangements were conceived and carried out.
"The officers of the meeting were: William M. Jackson, president ; II. N. Owen, secretary; J. II. Johnson. marshal, and George Gage, orator. Four bands of music were in attendance. The meeting was called to order and a song, 'Way Out West,' very effectively sung. Hon. George Gage delivered an eloquent oration, treating of the history and the pioneer life of the counties of Lake and MeHenry,
"At the end of the oration, the audience partook of two barbecued oxen and other light refreshments. Toasts were offered and several short, witty and at times very pathetic speeches were made."
On October 14, 1875, the pioneers of these two counties held a reunion at MeHenry. The officers that season were: William A. Me- Connell, president ; Charles II. Bartlett, Nelson Landing and E. Gridley, vice-presidents for Lake County ; E. G. Ayer, George Gage, N. Donnelly, vice-presidents for MeHenry County. J. H. Johnson was marshal and that celebrated Illinois character-Hon. John Wentworth, "Long John," delivered the address. Several bands of musie were present ; the crowd was large, but a rain set in and this marred the occasion. The exercises elosed with a ball at the Riverside Hotel in the evening.
No regular organization had been effected, however, until May 10, 1876, when at a meeting held at MeHenry village the Old Settlers Association of MeHenry and Lake counties was organized and adopted a constitution.
The second reunion was held at MeHenry, June 14, 1877.
The next meeting was held June 13, 1878, on the Fair Grounds at Woodstock. There were fully 5,000 people present. The reunion was opened by singing the Star Spangled Banner. Rev. R. K. Todd offered the prayer. The address was by Joel H. Johnson, but the oration of the day was by Hon. John F. Farnsworth. Other speakers were B. W. Ray- mond and Judge Morrison of Chicago. Mrs. Margaret Gillian, the first white woman who came to this county, was present, and naturally re-
Charles R Barnes
IHISTORY OF MCHENRY COUNTY
ceived much attention. A ball game and an evening dance coneluded the exercises.
On February 26, 1880, officers were elected for the ensuing year and the reunion that season was held at Wauconda.
On September 6, 1883, the reunion was held, at MeHenry and was a grand success. An original poem composed for the occasion by Peter Goff, of Chicago, was presented but not read on account of the time being short.
The ninth annual reunion and pienie of the Association was held at Slausser's Park, Hainesville, August 21, 1884. Hon. L. L. Mills, State's Attorney from Cook County, was the chief speaker. Portions of his address, all so full of true sentiment, must here find space for they will interest the present-day reader of local history, even as it will those yet unborn. While it has been, said that "History Repeats Itself," this is not true in the instance of pioneer life, for remember there is but one set of pioneers or first settlers in any given community, hence let us reeall the beautiful words of the speaker as they fell from his lips on that hot day in August, thirty-five years ago:
"Fifty years ago this was a wilderness, without roads, except In- dian trails; with forests deep and dark; with prairies of tall grass; with only jealous savages to welcome, and a eabin of logs for the home of the immigrant. Here, then, came and began this intense history of development, the young pioneer. He had journeyed from the rock- bound coast of New England, or neighboring places; his eonveyanee was a rude wagon; his companions, the young wife and prattling babe ; his weapon of defense, the implement of his industry, the ax with the honest blade.
"Every age has its type of manhood : the ancient seulptured beanty and the philosopher ; the Middle Ages painted the battles of rival coun- tries and placed their heromaking art in the gallery of time. The hero of the nineteenth century is the pioneer. He seeks discovery all round the world. He is Livingstone in Africa, the Aretie explorer, foolish or wise in the enthusiasm of his time, facing the freezing storm to find the open sea; above all, he is the sturdy youth who cleaves the forests, wins lands waiting with fertility, builds towns and cities and ereates States.
"The old settlers of Illinois are of the class whose type is the heroism of the age. They laid the foundation of the State. Their spirit and toil none even now can know; the Western wilds of half a century ago are beyond our horizon ; the Indian almost seems like a figure in a romance ;
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HISTORY OF MCHENRY COUNTY
the log cabin is supplanted ; the ax and the plow are minor implements compared with recent inventions. The vicissitudes of the pioneer, his hardship in forest and field, his unfailing pluek and spirit and his in- domitable will and industry are a heritage for youth and an inspiration for the generations hereafter.
"It is well that we meet these pioneers; they teach us a thousand lessons. They were brave enough for Western wilds, persistent enough to make long and wearisome and dangerous journeys through a strange land and to a strange destination. They had the breadth of vision to know the limitless possibilities of the West, the spirit to develop them and the courage and persistence of success.
"From this beautiful place in nature they look abroad today. Every eye is elear to see the grand result-great, wide-spreading farms, with homes of comfort; barns filled with cattle, and granaries accustomed to splendid harvests; the dark woods made beautiful for pastures; the school house in every hamlet and the church beckoning the hearts of men to higher things.
"The enjoyment of the old settlers is an inspiration to the young. By toil and bravery and manly character they won this day and have the right to claim its triumph. To us the lesson comes that enterprise is the true spirit of the times, bravery the honoring characteristic of the Amer- iean, patient industry the foundation of his success, and the school and the church the climax of his civilization. In the atmosphere of this eele- bration we learn that there is no maxim higher than manhood, no adage superior to industry and courage, and no sueeess greater than a com- munity composed of men and women who love labor, erect homes, and in law and peace are friends together under the protecting guidance of re- ligious sentiments.
"To Lake and MeHenry counties we may say your beginnings were made by splendid men, your woods were hewed by their industrious for- estry, your fields were tilled and made fallow for the future by their toil, your schools and churches were builded by their sentiments.
"And in all the story of this magnificent growth no fact is a greater continuation of the pioneers endeavors than the patriotism of these eoun- ties. How many hundreds rushed to the defense of the flag in those sad days when the nation's life was threatened ? Regiments went forth from Lake and MeHenry counties, and in them today there is not a graveyard where a soldier does not lie, dead from his country's battle. There is seareely a home from Waukegan to the western limits of MeHenry county that does not mourn a boy or man who died for his nation.
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HISTORY OF MCHENRY COUNTY
"Thus the spirit of the pioneer expressed itself in the heart of the patriotie son; and the sentiment of the ax and plow in the early ad- vanees of the first settlers, to make the state, was proelaimed again by the voices and sustained by the stout arms of the farmer boys who fought for and saved the nation."
PIONEER SETTLERS OF MICHENRY COUNTY
From the secretary's book of the Old Settlers' Association in 1884, the subjoined list of names indicates the county's first settlers, together with the date of their coming to this county :
A. Carmack 1831
S. T. Eldridge 1838
J. II. Giddings 1832
C. O. Parsons 1838
Allen Sisson
1833
John Snowden 1839
J. W. Salisbury 1833
D. E. Barrows 1839
Richard Gillian 1834
T. J. Riehards 1839
Adam Musgrove 183-1
Rebecca lloward 1839
FF. Diggins
1835
C. Hastings 1839
A. W. Beardsley
1835
O. W. Owen 1840
A. II. Hanley 1836
William Moore 18-41
Susan Hanley
1836
C. Rhodes 1842
George Gage 1836
C. M. Pendleton 1842
Mrs. M. P. Gage 1836
Henry Drake 1843
E. A. Beers 1836
L. M. Woodard 1843
Esther M. Beers 1836
(. R. Brown 1844
Samuel H. Walker
1836
Martin Metealf
1844
Mark Hieock
1836
Rev. R. K. Todd 1847
Mrs. B. 11. Ilieoek 1836
Harriet Owen 1848
Job Toles 1836
C. Kuhnert 1848
Samantha Toles
1836
Wmn. Ilutson 1849
W. H. Iluffman
1836
Peter Whitney
1849
Mary S. Huffman 1836
John M. Crane 1850
Joel II. Johnson
1836
Russell Diggins 1836
Alvin Judd 1836
T. S. Carr 1836
HI. D. Judd
1836
J. M. Kimball 1837
Win. A. McConnell 1836
J. F. Moore 1837
Neill Donnelly 1838
W. Whittemore 1837
John F. Huffman 1838
Lewis Hatch 1837
E. W. Smith 1838
S. S. Chappell 1837
E. M. Owen
1838
C. II. Tryon 1837
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HISTORY OF MCHENRY COUNTY
James B. Church
1851 Erastus Richards
.1852
Russell Diggins
1851
Sheldon Colyer
. . 1857
E. E. Richards 1852
Of recent years other matters seem to have crowded in upon the minds and actions of the old pioneer band which used to gather annually at these old settlers' gatherings, and no meetings have been held, which is a matter of regret to many.
CHAPTER IV LAND TITLES
BY GEORGE W. LEMMERS
ORIGINAL OWNERS-PECULIAR INSTANCES-ORIGINAL DOCUMENTS-EARLY DEEDS
ORIGINAL OWNERS
That the most of the land in MeHenry County was originally taken up from the government by speculators, is a statement that can easily be verified by the records of the county. Of course there were settlers who came here to find homes in obedience to the admonition of Horace Greeley, "Go West, young man, go West," but the large majority who came were either imbned with the spirit of the adventurer or those who saw in this new Eldorado the opportunity to acquire "easy land" at little expense.
PECULIAR INSTANCES
Again there were others who came to the county and to this then virgin wilderness to escape the hand of the law for some trivial mal- feasanee in their old homes or to get away from matrimonial entangle- ments that were irksome and unpleasant. An instance of this latter kind is found in the ease of William Walmsley, who came to MeHenry County sometime during the year 1845, from the State of New York, and who purchased from the government and from individuals 600 acres of land, said land being that now owned by Helen L. Beach in section 29, township 44, range 9 east, in the township of Nunda; that now owned by Louvain A. Werden in the same section of the same township; that now owned by Gilbert J. Baillergeon in section 32, of the same township; that now owned by John Lenzen in the same section of Burton Township, now owned by Delbert A. Whiting and Julius D. Smith in section 16, of MeHenry Township; and that owned by Frank L. Wattles in section 28
37
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HISTORY OF MOHENRY COUNTY
of the same township. Walmsley died, April 21, 1874, having in the meantime sold all said land to various persons. During all of the years that Walmsley lived in this county, near the village of Mellenry, he posed and was accepted as a single man, and no one ever suspected any- thing to the contrary, not knowing that he had ever been married; but September 7, 1874, twenty-nine years after Walmsley's arrival in the county, one Harty Walmsley filed bills for dower against all of the then owners of the land, claiming that she had married William Walmsley November 5, 1828, in the town of Farmington, Ontario County, N. Y., and that they had lived together several years after such marriage. She made out such a strong case that most of the parties who were sued settled with her by paying certain agreed sums of money and she gave them quit- claim deeds. Two of the parties, however, dragged the eases along through court until finally Harty Walmsley, who was then seventy-five years old when the cases were filed, passed away, and of course her canse for action died with her, as no one could inherit her dower.
The only other thing worthy of note, or to which any romanee attaches, in regard to MeHenry County titles is all set forth in the accompanying review of abstract sheets which affeet about 4,000 acres of land in Me- Henry County and also in Boone and Winnebago, just over the county lines. A word painter might build quite a story around the fact that this man, William Taylor, was sent to the country from Scotland to buy land and died here after many peculiar experiences.
The language of the documents left in the recorder's office of Me- Henry County concerning this man is so peculiar and so expressive that it would be much more interesting to quote it in toto than for the writer to attempt to make a story of his own, and we give it literally as to speh- ing, punctuation, capitalization, ete. The first document hares no date of execution, but is a power-of-attorney given by David Chalmers, William Littlejohn, George Yeates, Robert Catto, l'eter Williamson, Alex Fouler- ton, Alexander Smith, Charles Chalmers, and Nathaniel Farquhar to one Alexander Ferguson to act as the agent for what was known as the North Ameriean Investment and Loan Company, of which they were the direc- tors. The said power of attorney reads as follows:
"Whereas by a certain contract in writing, bearing date the 8th and 10th of May A. D. 1839, between (parties of the first part as named above), and William Taylor, who has since deceased, of the other part, it was agreed by and between the said parties, amongst other things, as follows: 'That the Directors of said company having engaged the said William Taylor as Manager of the Company's business in America for
39
HISTORY OF McHENRY COUNTY
the term of five years from and after the first day of June next in this present year, the said William Taylor binds and obliges himself to pro- ceed to the United States of America and to leave this country for that purpose on or before the first day of June next in this present year and to continue in the service of said Company at such places in North America as the Directors may from time to time appoint for the period of five full and complete years from and after that date, during which said space the said William Taylor binds and obliges himself faithfully and honestly to act in the capacity of Manager aforesaid in conducting the business of the Company and in the following forth to the best of his ability the whole objects thereof as expressed in this contraet of co-partnery, declaring that the said William Taylor shall invest the sum of Two Thousand Pounds Sterling in the original Capital Stock of the Said stock Company and shall subscribe the contract of co-partnery thereof with all convenient speed, it being understood that the said William Taylor shall be entitled to have stock of the above amount as- signed to him by the Directors out of the shares reserved by the Contraet and placed at the disposal of the Directors and this without paying any premium upon the same and further deelaring that as it is in the mean- time intended that the investment of the Company's funds in America are to be made in the name of the Managers and Accountant jointly and the survivor of them, the said William Taylor hereby binds and obliges himself, his heirs, executors and successors, whomsoever, without preju- dice to his engagement as Manager aforesaid for the above mentioned period of five years instantly to divest himself of the whole or any part of the Company's property when required by the Directors so to do and to convey and transfer the same to any person or persons who may be appointed by the Directors of the said Company that purpose and to that end the said William Taylor hereby assigns, transfers, conveys, makes over to and in favor of the said Company for the time being the whole property of whatsoever description heritable and movable, real and per- sonal, which he may afterwards aequire in North America as Manager aforesaid; and he hereby binds and obliges himself, and his heirs and executors to grant all necessary deeds for fully vesting such property in the said Directors or in any person they name at any time when required by them so to do, and further declaring that the said William Taylor in his capacity as Manager aforesaid, shall at all times and under all eireumstanees be bound to conform himself to the instructions of the Directors in the conduct of the Company's affairs as the same shall be notified to him through the Cashier's Agents of the Company, and further
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HISTORY OF MCHENRY COUNTY
declaring that the said William Taylor shall be bonnd with all convenient speed upon his arrival in America, to sell and dispose of any property which he may at present possess in that country, and that he shall not be entitled to make any fresh investments, or to enter into, or be connected with any transaction whatsoever in business in America, either in his own name or of any person or persons for his behoof and that all invest- ments in America which shall hereafter be made in his name or in the names of any other person or persons for his behoof, shall be understood and held to have been made with the funds and for beloof of Company. And Whereas, the said William Taylor, after the execution and delivery of the said Contract in writing, and in the pursuance thereof, did pro- eeed to the United States of America and in his capacity as Manager and Agent as aforesaid, and for behoof and on account of said Directors and with the funds of said Company, did purchase from the government of the United States sundry tracts or parcels of land, situated, lying and being in the State of Illinois, and described as follows: (Here follow lengthy descriptions of the lands referred to) "And whereas the titles to the said several traets of land were taken by the said William Taylor in his own name and so remain of reeord, and whereas the said William Taylor has since departed this life; therefore this indenture made and entered into this - day -, in the year 1844, between the said (parties of the first part as named above), of the one part and Alexander Ferguson of the other part, Witnesseth that in consideration of the premises and for the further consideration of $100.00 to the parties of the first part in hand paid by the parties of the second part, the receipt whereof they do hereby acknowledge, they, the said parties of the first part, do by these presents grant, bargain and sell, conform and con- vey unto the said party of the second part, all the right, title and interest and claim, legal or equitable in possession, remainder or reversion of them, the said parties of the first part in and to the several traets or pareels of land above deseribed and every part thereof, except to such portion of the same as may have been sold, paid for and conveyed by deed to the parties so purchasing by the said William Taylor during his lifetime. And they, the said parties of the first part, do by these presents, in virtue of the authority vested in them by the Contract aforesaid, require and direet the exeentors, Administrators or Heirs at law of the said William Taylor, deceased, to convey to the said Alexander Ferguson ยท with all convenient speed, whatever title legal or equitable, they or either of them shall have acquired to said lands or any part of them from said William Taylor be devise, deseent or otherwise; And to that end. they,
Cora M. Bassett
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IIISTORY OF MCHENRY COUNTY
the said parties of the first part, do by these presents constitute and appoint the said Alexander Ferguson their true and lawful agent and Attorney in fact, to demand, sue for and receive of and from the Adminis- trators, Executors, and Heirs or other legal representatives of the said William Taylor, deceased. Hereby ratifying and fully confirming what- soever shall be lawfully done by the said Alexander Ferguson in the premises. In testimony whereof the said parties of the first part have hereto set their hands and affixed their seals at the City of Aberdeen, in Scotland, this - day of - -, 1844."
Following this comes the signatures, but none of them conform to the full given names inseribed above, the difference easily being reeog- mized in D. Chalmers and Nathe Farquhar. This doeument was aeknowl- edged December 31, 1844, before Jno. Braihie, Provost and Chief Magis- trate of the City of Aberdeen, Kingdom of Great Britain (under official seal).
Then follows a conveyance by commissioner's deed which indicates that some litgiation followed the strange adventures of William Taylor in America and we quote the same as indieating the peculiar processes of those early days in Northern Illinois, as well as the peculiar phrase- ology that prevailed in those times :
"Deed recites that, whereas David Chalmers, William Littlejohn, George Yeats, Robert Catto, Peter Williamson, Alexander Fonlerton, Alexander Smith, Charles Chalmers and Nathan Farquhar, as Directors of the Aberdeen North American Investment and Loan Company lately, to wit : On the 8th day of February, in the year 1845, filed their bill of Complaint on the Chaneery side of the said Circuit Court of Winnebago County against Isabella Taylor, George Taylor, William Primrose, and Elizabeth Primrose, his wife, George Porter and Elspet, his wife, Alexander Ferguson and the unknown heirs and devisees of James Duncan, deceased, therein setting forth, among other things, that one William Taylor, late of the City of St Louis, deceased, did in his life- time, as the agent of the Complainant in said Bill of Complaint named, with the money and for the benefit of themselves and the said Company, but in his own name, purchase all the traets and pareels of land herein- after mentioned and described: That after the purchase of the said land as aforesaid, the said William Taylor died seized of the legal title of said land, but as Trustee for the said Complainant as Directors of said Company, as in said Bill mentioned, leaving as his heirs at law Isabella Taylor, George Taylor, Elizabeth Primrose, wife of William Primrose, Elspet Porter, wife of George Porter; that said William Taylor in his
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HISTORY OF MCHENRY COUNTY
life time by his last Will and Testament, devised all his real estate to Alexander Ferguson aforesaid and to JJames Duncan, now deceased, but then of the City of New Orleans, in said State of Louisiana; that after the admission of said Will to Probate the said James Duncan had died and that the names of his heirs and devisees were unknown to said Com- plainants; that the said Complainants also therein praying that the said Court of Chancery would decree the said Isabella Taylor, Geogre Taylor, William Primrose and Elizabeth, his wife; George Porter and Elspet, his wife: Alexander Ferguson and the unknown Heirs and Devisees of James Dunean, deceased, that each and every of them to convey and release by Deed the said several tracts of land to Alexander Ferguson, or to such other person or persons as the said Complainants might at the time of making such decree designate in trust for the said Com- plainants as the Directors of the said Aberdeen North American Invest- ment and Loan Company, and for such other and further relief as the nature of the ease might require and should be agreeable to equity as in and by said Bill of Complaint filed with the Clerk of said Court, on the Chancery side thereof, afterwards to-wit : On the 21st day of April at the April term of said Court in the said year 1845, such proceedings were had that the said Court by its Decree in that behalf made, fully established the said trusts in the said William Taylor in his life time and after his death in the said Isabella Taylor, George Taylor, William Primrose and Elizabeth, his wife, George, Porter and Elspet, his wife, and the unknown Heirs and Devisees of James Duncan, deceased, by the 24th of April, aforesaid, by good and sufficient Deeds of Conveyance, to convey and release to the said Alexander Ferguson, in Trust for the said Complainants in said Bill named, all the right, title, interest, claim or estate which they or any of them might have had in or to the here- inafter mentioned and described tract of land as they were in and by said Decree required to do; and whereas, in consequence of said neglect the said party of the first part hereto, was afterwards, to-wit: On the 26th day of the month of April, by a further order and decree of said Court in that behalf and in pursuance of the Statute in cases made and provided, appointed a Special Commissioner to make, seal and execute for and in behalf of the said Isabella Taylor, William Primrose, and Elizabeth, his wife, George Porter and Elspet, his wife, and the un- known Heirs and Devisees of the said James Duncan, deceased, all such releases and eonveyanees as might be necessary to comply with said Decree, and to vest in the said Alexander Ferguson, all the right, title and interest. or estate of the said Isabella Taylor, Wil-
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