USA > Illinois > McHenry County > History of McHenry County, Illinois : together with sketches of its cities, villages and towns : educational, religious, civil, military, and political history : portraits of prominent persons, and biographies of representative citizens, also a condensed History of Illinois > Part 17
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INDEPENDENT PRECINCT .- In the Commissioners' Court, Oct. 5, 1840, it was ordered, "That a new precinct be formed from Mc-
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HISTORY OF MO HENRY COUNTY.
Henry Precinct, embracing township 46, range 7; township 46, range 8, and that part of township 46, range 9, which belongs to McHenry County shall be known and designated as and by the name of Independent Precinct; and that Bela H. Tryon, Jonathan Kimball and William McConnell be appointed judges of election in and for said precinct; and that the place of holding election in said precinct shall be at I. W. White's, at Solon Mill."
PRECINCTS REFORMED.
The Commissioners' Court, March 1, 1841, fixed the boundaries of the several precincts in McHenry County as follows :
"Independent Precinct contains township 46, range 7; township 46, range 8, and the west half of township 46, range 9.
"Nepersink Precinct contains range 6, township 46, and range 5, township 46.
"Eagle Precinct contains township 45, range 5, and two miles off from the north part of township 44, range 5.
" Hartland Precinct contains township 45, range 6, and the west half of township 45, range 7; the north half of township 44, range 6, and sections 4, 5, 6, 7, 8, 9, 16, 17 and 18 of township 44, range 7.
"McHenry Precinct contains the east half of township 45, range 7; township 45, range 8; west half of township 45, range 9, and all that part of township 44, range 9, which formerly belonged to Virginia Precinct lying on the east side of Fox River.
" Virginia Precinct contains township 44, range 8, sections 1, 2, 3, 10, 11, 12, 13, 14, 15, and also the south half of township 44, all being in township 44, range 7; and township 43, range 7; town- ship 43, range 8; the west half of township 43, range 9.
" Kishwaukee Precinct contains the south half of township 44, range 6, and sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, of township 44, range 5; township 43, range 5, and township 43, range 6."
Elections were ordered for justices and constables on the first Monday in April, the places of election to be as follows :
Nepersink Precinct, house of Eli S. Reynolds; Eagle Precinct, house of Nathan H. Foster; Hartland Precinct, house of Alvin Judd; McHenry Precinct, court-house. In March, 1845, the court- house at Centerville (Woodstock) was made the election place of Hartland Precinct; June 3, 1845, it was changed to the house of John A. Cannada.
In June, 1843, the place of holding elections in Independent
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Precinct was changed to " the school-house in Hebron Township." In June, 1846, "the school-house near James Livingston's, in Hebron Township," became the voting place. At the same time the election place of Hartland Precinct was changed to Dennis Quinlan's house; of McHenry, to the school-house in the town of McHenry, and of Kishwaukee to the house of David Hammer.
March 29, 1841, " Ordered by the court, That township 45, range 5, be annexed and hereafter form a part of Nepersink Precinct; and that part of township 44, range 5, which heretofore belonged to Eagle Precinct be attached to Kishwaukee Precinct; and that Eagle Precinct (formed at the March term of said court) be and is hereby extinguished from the list of precincts in McHenry County; and that the place for holding elections in Nepersink Precinct be held at the school-house near Jason N. Jerome's, in said precinct; and that Joseph Metcalf, Nathaniel Smith and Welby Diggins be appointed judges of election in said precinct."
At the June term, 1841, the north half of township 44, range 6, was re-annexed to Kishwaukee Precinct and Hartland Precinct "ceased to exercise jurisdiction over said portion of the township above named."
WENTWORTH PRECINCT .- March 6, 1843, " Ordered by the court, That the petition of divers citizens of Independent Precinct [be granted] that the precinct heretofore known as Independent pre- cinct [be divided] and that a new precinct be formed with the boundaries as follows, to-wit: To consist of the whole of township No. 46, of range 9, and four miles off from the side of township - No. 46, of range 8, east of the third principal meridian; and that the election be held at the house of Sylvester Wilson. And it is further ordered, That Jonathan Kimball, Daniel Andrews and Joseph S. Blivin be appointed judges of election of said precinct. And it was further ordered, That said precinct be known and styled by the name of Wentworth." In June, 1846, the school-house in Solon was made the election place of this precinct.
Fox PRECINCT .- Dec. 5, 1843. In the Commissioners' Court, " Ordered by the court, That a new precinct be formed off from the southeast corner of Virginia, with the boundaries as follows, viz .: Commencing at the southeast corner of McHenry County, running north on the line between McHenry and Lake counties to the northeast corner of section 5, on the south line of township 44, range 9; thence west six miles to the northwest corner of section 4, township 43, range 8; thence south to the Kane County line;
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thence east to the place of beginning. Said precinct shall be known by the name of Fox Precinct, and that Thomas R. Chunn, Jared Cornish and John Gillilan be, and they are hereby, appointed judges of election in and for said precinct. The elections in said precinct are to be held at the house of Horace Wells."
In March, 1844, the place of holding elections in Fox Precinct was changed to the " house of Eli Henderson, in Algonquin."
In June, 1844, the boundaries of the above precinct were altered as follows : "Commencing at the northeast corner of section 4, running thence south to the southeast corner of section 16, thence west one mile, thence south to the county line."
Same date. "Ordered, That the lines of Fox Precinct be changed, so as to "commence at the southwest corner of section 9, in township 43 north, range 8 east, on the west line of Fox Precinct; thence east on the south side of sections 9, 10, etc., till it reaches the county line." In June, 1846, S. M. Thomas's house was made the voting place.
BYRON PRECINCT .- June 2, 1845. " Ordered by the court, That a new precinct be formed from Nepersink Precinct with the boundaries as follows: Including townships 45 and 46 north, of range 5, east of the third principal meridian, and that said precinct be called Byron." Robert Latham, Joseph Kerr and John Dig- gins were appointed judges of elections-the place of holding elec- tions to be at the house of Jonathan Jackman.
ALDEN PRECINCT .- June 2, 1845. " Ordered by the court, That a new precinct be formed from the remainder of Nepersink Precinct, consisting of township 46 north, range 6 east, and that said precinct be called Alden." Elections were ordered to be held at the house of F. Wedgwood. Henry Bashford, George Ward and Jonathan Manzer were appointed judges of elections. In September, 1848, the election place was changed to " the school-house in District No. 3, in township 46, range 6."
WOODSTOCK PRECINCT .- June 3, 1845. "Ordered by the court, That township 46 north, range 7 east, and the north half of town- ship 44 north, range 7 east, constitute a new precinct, and that said precinct be called Woodstock." Elections were ordered to be held at the court-house; Alvin Judd, Pliny Hayward and Robert Metcalf, judges of election.
CASS PRECINCT .- June term, Commissioners' Court, 1846. "Ordered by the court, That the place of holding elections in Vir- ginia Precinct be at the house of Henry M. Wait and S. King in
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said precinct, and that the name of said precinct be changed to Cass."
FRANKLIN PRECINOT. - March 2, 1847. "On the petition of Paschal Stowell and others, Kishwaukee Precinct was divided, and township 44 north, range 6 east, was constituted a precinct to be known as Franklin." Elections were ordered to be held at the school-house in Franklinville; (and S. Stowell, Danforth S. Marcy and Andrew Purvis appointed judges of election.
CORAL PREOINOT. - March 2, 1847. " And now come Sloan and Strode, attorneys for Ellison D. Marsh and others, and filed the petition of one hundred and eighty-two citizens of Kishwaukee precinct for a division of said precinct, to be bounded as follows, to-wit: To consist of township 43, ranges 5 and 6, as described in said petition, and the new precinct as prayed for to be called Coral; which inotion is resisted by A. B. Coon, attorney for D. Hammers; and the court, having heard the parties thereon, sustains the motion of the said Ellison D. Marsh as made by his attorneys. It is there- fore ordered that a division of Kishwaukee Precinct be made and that a new precinct be formed, consisting of said township 43, ranges 5 and 6, and that said precinct be known and styled by the name of Coral Precinct. And thereupon the said David Hammers, by Coon, his attorney, prays the court for an appeal herein to the Circuit Court of said county, which motion is resisted by Sloan; and the court having heard the parties thereon overrules the said motion of the said Hammers."
Daniel Stewart, Peter W. Dietz and Charles V. Pulver were appointed judges of election in Coral Precinct.
Dec. 7, 1847. "Ordered by the court, That the petition of divers citizens residing north of the center line in township 44 north, range 8, east of the third principal meridian and west of Fox River, asking to have that part of said township above described annexed to McHenry Precinct be accepted."
CHEMUNG PRECINCT .- June 7, 1848. "Ordered by the court, That township 46 north, range 5 east, be, and is hereby, consti- tuted an election precinct by the name of Chemung; that the elections in said precinct be held at the Parker's Hotel, in the village of Chemung, and that Daniel P. Hutchinson, Daniel Baker and Wm. Hart, Jr., be appointed judges."
GRAFTON PRECINOT .- June 7,1848. "Ordered by the court, That township 43 north, range 7 east, and the south half of township 44 north, range 7 east, be, and is hereby, constituted an election
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precinct under the name of Grafton Precinct, and that Jesse Sla- vins, E. S. Hayden and Elisha Dayton be appointed judges of elections in said precinct; and that the place of liolding elections in said precinct be at the school-house on section 10, in township 43, range 7 east."
Sept. 5, 1849 .- On the petition of John Purdy and others, Inde- pendent Precinct was divided, and the western third of township 46, range 8, taken from Independent and attached to Kishwaukee Precinct.
TOWNSHIP ORGANIZATIONS.
In the records of the County Court, Dec. 5, 1849, the following entry is found :
"The court having received from the clerk a certified statement of the vote of the freemen of McHenry County on the sixth of November, instant, and having found that the whole number of votes so given were nineteen hundred and forty-three in favor of a township organization, it is therefore ordered that Carlisle Hastings, Phineas W. Platt and Frederick W. Smith be, and are hereby, appointed commissioners to divide the county of McHenry into towns or townships, as is provided by the 5th section of the 1st article of the act to provide for township and county organization. Approved Feb. 12, 1849."
The towns or townships formed by this commission, with the names of their first judges of election (appointed June 5, 1850), are given below.
BENTON .- Gideon Cooley, Harvey Wilson, James Thompson.
RICHMOND. - Wm. A. McConnell, John Pnrdy, R. R. Crosby.
HEBRON .- E. W. Smith, Zenas Pierce, N. W. Herrick.
ALDEN .- G. W. Dana, N. M. Capron, T. B. Wakeman.
CHEMUNG .- D. P. Hutchinson, J. C. Thompson, Geo. Wooster. BYRON .- Dexter Barrows, S. H. Salls, N. C. Dodge.
HARTLAND .- Joel G. Wood, Edward Murphy, Cornelius Des- mond.
GREENWOOD .- Orestes Garrison, N. G. Dufield, A. A. Scheu. MCHENRY .- Ira Colby, B. B. Brom, John McOmber.
BROOKLYN. - G. A. Palmer, Wm. M. Holcomb, Josiah Walkup. CENTER. - Rosswell Enos, T. B. Bidwell, Arad Sly.
SENEOA .- Geo. T. Kasson, T. McD. Richards, Simeon Bean. MARENGO .- L. L. Crandall, H. H. Chapman, John Poger. RILEY .- N. E. Barnes, Clark Richardson, Enoch Babcock.
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HISTORY OF MO HENRY COUNTY.
CORAL .-- L. C. Anderson, Peres Brown, Jr., R. B. Simpkins. GRAFTON .--- Thos. S. Huntley, Martin Costigan, Lewis Holdridge. ALGONQUIN .- J. T. Pierson, H. B. Throop, H. C. Wells.
During the year 1850 the name of Brooklyn was changed to Nunda, Byron to Dunham, Center to Dorr, and Benton to Burton.
THE CIRCUIT COURT.
The first term of the Circuit Court in this county began at McHenry, Feb. 10, 1883. The record is as follows:
" Record of a Circuit Court in and for the county of McHenry, begun the 10th day of May, A. D. 1838.
" Pleas before the Hon. Judge of the Seventh Judicial District of the State of Illinois, the Hon. Judge Pearson, and presiding judge of the McHenry Circuit Court, at a Circuit Court begun and held at McHenry, in McHenry County, on Thursday, the tenth day of May, in the year of our Lord one thousand eight hundred and thirty-eight, and of the independence of the United States the sixty-second.
"Present, the Hon. John Pearson, Judge of the Seventh Judicial Circuit; Alonzo Huntington, State's Attorney; Henry B. Steele, Sheriff of McHenry County.
"Attest: A. B. Wynkoop, Clerk."
Thus reads the record which is unnecessarily verbose, even for a court record. It goes on, becoming hopelessly entangled in gram- matical meshes:
"On return of the summons issued by the commissioners [of ] court to the sheriff of McHenry County to summon grand jurors, was returned this tenth day of May served on the following persons, to-wit:
" Andrew S. Wells, James H. Lloyd, Charles H. Bartlett, Jere- miah Porter, Martin Shields, * Willard Jones, Phineas Sherman,* Leonard Gage,* Thomas McClure, Danicl Winters, Rufus Soules,* Richard Steele, Samuel L. Wood, Alden Harvey, Christy G. Wheeler, Luke Hale, John Diggins,* Amos Desmond, Moody B. Bailey, Aaron Randall, Christopher Walkup, Elisha Clark .*
" And there not being a quorum present there was chosen from the bystanders two jurors, viz .: Wm. E. Keyes and John McCol- lom, from which number Charles H. Bartlett was appointed fore- man."
Summons was issued to the following persons as petit jurors:
*Not impaneled.
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HISTORY OF MO HENRY COUNTY.
Wm. Easton, John Herrick, J. H. Foster, John Hicks, John A. Mills, Erastus Houghton, Theheran Pearson, Nelson Darling, Abijah S. Barnum, John McOmber, Samuel H. Walker, Eli W. Bingham, Russel Diggins, Uriah Cottle, Samuel Terwilligan, Abraliam Vincent, E. F. Freeman, Burley Hunt, Timothy B. Tit- comb, William Irwin. Of this number there were but three delin- quents-John Herrick, Theheran Pearson and Wm. Irwin.
No mention is made of lawyers except incidentally. We see that the following were present at this first term of court in the county: Alonzo Huntington, John C. Newkirk, E. W. Casey, Nathan Allen, J. M. Strode, Horace Butler, Giles Spring, -- Kemble.
No remarkably interesting cases appeared, though the amount of business was quite large. On the first day nineteen cases received the court's attention, three of which were for trespass and one for slander. On the second day the grand jury returned three indict- ments for larceny and one for assaulting an officer in the discharge of his duty. The court adjourned on Saturday, May 12.
COUNTY BUILDINGS.
Thoughi McHenry County is less than fifty years old, her citizens have thrice been called upon to provide public buildings. Scarcely had the first court-house and jail been finished and the public offi- cers comfortably established therein when new buildings were rendered necessary by a change in the location of the county seat. The second building was a hastily contrived structure, and soon became inadequate for the wants of the county. In 1857 the present court-house and jail, a building of substantial qualities and of good architectural style, was provided.
At first the county officers and courts were compelled to seek quarters where they could. A few extracts from the early records will show how and by whom these temporary offices and court- rooms were provided. Thus, June 16, 1838, E. B. Johnson was allowed $1.88 for boarding prisoners at the May term of the Circuit Court. As the term lasted three days, the number of " prisoners " could not have been large, or else the jailer put a low estimate upon the value of the services rendered by him. In June, 1839, B. B. Brown was allowed $34.75 for the use of a room for the Circuit Court; Christopher Walkup, $6 for taking charge of prisoners; Job McOmber, $6 for "watching" prisoners; Ambrose Stolleker, $4.25 for "guarding jail " -- the absurdity of which is
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apparent, as the county had no jail; William Olmsbury, $4 for guarding prisoners; George Wooster and Isaac Dana, $3 each for similar services. Thus we see that the number of prisoners must have been considerably greater than at the first term, and that they required " watching." By orders dated Dec. 4, 1839, March 2, 1840, and June 1, 1840, we learn that S. S. Greenleaf was renting a shop to the county for the use of the clerk of the Circuit Court. and the county commissioners, while B. B. Brown still provided a court-room.
The first step toward providing public buildings seems to have been made in 1837.
In the Commissioners' Court, Dec. 11, 1837, "Ordered by the court, That the preemption right to the southeast quarter of section twenty-six (26) in township forty-five (45), range cight (8), east of the third principal meridian, and also the balance of the survey of the town of McHenry, comprising in all 160 acres, being the seat of justice of said county of McHenry, State of Illinois, be sold for the purpose of erecting public buildings for said county; and also all the right, title and interest of said county to the twenty acres around the stake stuck by the commissioners appointed to locate the seat of justice of said county. The amount of said sales of land is $3,000, including the whole interest of said county."
At the same time Joseph Wood was authorized by the commis- sioners to act as their agent in disposing of the above described lands. He was also " appointed agent to contract for the public buildings for said county, and further to see that said buildings are built according to contract."
NOTE .- At a special meeting of the Commissioners' Court, Feb. 7, 1840, "Ordered by the court, That the appointment of Joseph Wood on the 11th day of December, A. D. 1837, as an agent or commissioner for said county, is null and void and of no effect for want of jurisdiction of the court, and that all his acts and appoint- ments are void and are of no binding force whatever."
To further invest Mr. Wood with authority to act for them the commissioners ordered, "That Joseph Wood, their commissioner, be, and he is hereby, appointed to enter the southeast quarter of section 26, township 45 north, range 8, east of the third principal meridian; and also all that part of the northwest and southwest quar- ters of said section on which the county seat of McHenry is located, said county seat being located on a part of all the above named quarters of said section; and to convey all the right, title and inter-
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est of said county and court, in fee simple, with a general warranty thereto, whenever said lands shall be entered by their said agent, to assure unto the purchaser a quit claim deed until a more complete and full conveyance can be made by said commissioner; also, the entry of said lands to be made as soon as the plats and survey have come into the land office by the purchaser furnishing the entrance money." This order was revoked June 20, 1839.
The proposals of Thomas H. Haines, of Bloomington, McLean Co., Ill., for erecting public buildings, were accepted Dec. 11, 1837, "The plan to be set forth in the article of agreement made and entered into by the said commissioners through their agent or commissioner appointed to contract for said buildings; the said buildings to be one court-house and one jail, to be built on the public square or some other suitable place selected by their commissioner."
Sept. 2, 1839, in the Commissioners' Court it was ordered, " That Ziba S. Beardsley be, and he is hereby, appointed an agent to make application to the register of the land office in Chicago for the southeast quarter section 26, in range 8 east, township 45 north, on which the county seat of McHenry County is located, for the purpose of obtaining a good and sufficient title to said land accord- ing to the act of Congress in such cases made and provided."
The contractor for the court-house having died, further action became necessary, and on Oct. 7, 1839, "Ordered by the court, That Horace Long be, and he is hereby, appointed agent for the county of McHenry and State of Illinois to make an arrangement and adjustment on equitable principles with the heirs of Thomas H. Haines in relation to the contract made and entered into with the commissioners of McHenry County or their authorized agent, to erect, construct and complete the court-house and jail of said county; and that he is further instructed to use all reasonable dili- gence to bring this matter to a speedy termination." This order was revoked Feb. 17, 1840.
Feb. 17, 1840. " Ordered by the court, That Horace Long is hereby appointed their agent and commissioner to obtain all their right and interest to the southeast quarter of section 26, in range 8, east of the third principal meridian, township 45 north, it being the quarter section on which the commissioners, viz .:- Peter Cohen, of Will County; Meritt L. Coville, of McLean County; and Daniel Dunham, of Kane County, were appointed by the Legislat- ure of the State of Illinois at their session in 1837, to locate the seat of justice in said county, did establish the same thereon; and
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that he is fully authorized to purchase the same whenever the said land can be obtained either by preemption or purchase, and he is further authorized and empowered to sell the same for the purpose of erecting one court-house and one jail on said quarter section, according to the plans to be furnished him by the county commis sioners; and said building to be erected on such sites as !shall be selected by said commissioners; said public buildings to be com- pleted and finished by the first day of August, A. D. 1840."
Nearly three years had passed and still the county buildings were a fiction of the imagination. Now the commissioners had decided that something must be done. On the 2d of March, 1840, they appropriated the sum of $6 for "services rendered in making a plan and specifications for a court-house and jail for said county;" but the clerk neglects to tell us who made the plans and received the magnificent reward.
March 2, 1840. "Ordered by the court, That whereas Horace Long has been appointed agent and commissioner for the county of McHenry, State of Illinois, to purchase the quarter section of land on which the county seat of said county is now located, said Hor- ace Long is hereby authorized and required and fully empowered to execute a bond with a penal sum of five thousand ($5,000) dol- lars, to William H. Beach, his heirs, executors, administrators and assigns, to purchase said land of Government as soon as it can be obtained, and thereupon to assign the same to the said William H. Beach or any other person or persons said Beach may direct - which bond shall be forever binding on the county commissioners of said county of McHenry and their successors in office, it being agreed and understood that the said Beach shall furnish the pur- chase money to enter said quarter section of land. It is further agreed by the said William H. Beach that if he shall not within ten days hereafter-to wit, by the fifteenth day of March, 1840, exe- cute and deliver to the said Horace Long a bond in the penal sum of five thousand dollars with security, to be approved by said Long, conditioned that he will build, finish and complete a certain court- house, and jail underneath, according to a plan which has been fur- nished said Long by said county commissioners,-the said buildings to be completed by the first day of Angust, A. D., 1840,-then this to be null and void, otherwise to remain in full force and virtue."
There is no further mention of Mr. Beach, and whether he gave up the contract or let it to other parties the records do not inform us. At all events the court-house was built and on the 5th of Aug-
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ust, 1840, the commissioners held their first session within its walls.
Oct. 5, 1840, the commissioners ordered, "That the court-house erected by Rufus Soules and Caleb Davidson at McHenry be, and the same is hereby, accepted by the county commissioners of Mc. Henry County."
The county seat being in the eastern part of the county, dissatis- faction arose among those living at a distance from McHenry, and petitions were sent to the Legislature asking that the location of the county seat be changed. By an act approved Feb. 6, 1843, the Legislature provided that a vote be taken for and against removal, and to decide to what point it should be moved if at all. Crystal Lake, Walkup's Corners (four miles east of Woodstock), and the center of the county, now Woodstock, each set up their claims to the seat of justice and the latter succeeded in securing it.
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