USA > Illinois > St Clair County > History of St. Clair County, Illinois. With illustrations and biographical sketches of some of its prominent men and pioneers > Part 23
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SAMUEL D. LOCKWOOD, Attorney General of the state of Illinois.
85
HISTORY OF ST. CLAIR COUNTY, ILLINOIS.
Endorsements on this indictment are as follows :
A True Bill-W. Glasgow, foreman. Pleads : Not guilty. Wit- nesses' names: Reuben Anderson, James Kincade, Rachel Tanne- hill, Thomas Hale, Wm. Hook, John Rutherford, Peter Sprinkle. Pleads : Not guilty.
We of the Jury find the prisoner Timothy Bennett guilty in manner and form as within charged.
ELIJAH DAVIS, Foreman.
Bennett was put upon his trial on the 27th of July, before Judge Reynolds and the following Traverse Jury :
Elijah Davis, Noah Matheny, John A. Mauzy, James Simmons, Burrill Hill, John Cotton, James C. Work, George Jack, James Wilson, Joel R. Small, James Fox and Zach. Stephenson.
On the 28th of July, 1821, this jury rendered the above verdict of "guilty."
The Court then proceded to pass the sentence in words following And it being demanded of him if anything for himself he had or knew to say why the court should not proceed to pass sentence upon him, he said he had nothing more than he had before said. Therefore it was considered by the court that he be hanged by the neck until he be dead, and that the sheriff of the county do cause execution of this judgment to be done and performed on him the said Timothy Bennett on Monday, the 3d day of September next, between the hours of ten in the forenoon and four in the afternoon, at or near the town of Belleville.
It may here be stated, that Samuel D. Lockwood, Attorney General for the state of Illinois, came into court, when it opened, and took the following oath :
" I do solemnly swear, that I will to the best of my judgment execute the duties imposed on me by the act for suppressing duel- ing, so help me God."
Neither Bennett or his friends believed that this awful sentence would ever be executed. The latter made strenuous efforts to have him pardoned. Failing in this, they tried to have the sentence commuted. But the governor remained firm against all entreaty. On the day appointed for his execution, Bennett was hanged, at n here now stands West Belleville, near the site of the South-east school-house.
The execution was witnessed by a multitude of men, women and children.
In 1854-Sept. 4th-Joseph Orban was executed for the mur- dering of another Frenchman in the American bottom. Sheriff Thomas Challenor employed an experienced European executioner to do the hanging.
James Piggot's remarks and observations to the Justices of the Court of General Quarter Sessions, at their sitting at Cahokia, in the County of St. Clair, the first Tuesday of October, 1791, by James Piggot, one of the Justices of said Court.
GENTEEL MEN :- It is now one year and six months since this court set under an established constitution. And as yet we have not a prison in our county, for want of which, the transgressors of our laws pass unpunished, for a small fine on a great offender is no punishment if he be rich, but rather provokes and encourages him to double crime-whereby he makes his honest neighbors afraid to prosecute him,-and if he be very poor there is nothing to be re- covered of him but his ill will, which is very distressing on the honest and well meaning inhabitants of our county.
It is now about one year since I understood that there was a col- lection of money or property for building or repairing a house for a prison and nothing farther done in that yet.
It is a long time since the publication of an act for laying off
our county into townships, and appointing clerks and overseers of the poor to each, and nothing done in that yet. And should there be a longer omission of this duty, I fear the consequences will be evil.
A Bond given by James Moore, in January, 1786, for the sum of five hundred dollars (may be something more), payable to the heirs or successors of John Allison deceased,-James Piggot and Joseph Warley securities -- is now lying in the county clerk's office, and as I have repeatedly demanded the Bond to be given up, as the same was lawfully paid and discharged in the year 1788, which is well known to the judges and justices of this court, I therefore beg that the court may at this sitting condemn the said Bond as void and of no effect, and order the same to be so entered in the county docket, that the securities may be no longer in danger by an excuse of the clerk's having overlooked, or not having time to look for it, which has been the case for more than three years since the Bond was paid.
I am, with all subinission, the court's obedient servant,
JAMES PIGGOT.
PRESENTMENT.
General Court Quarter Sessions.
First Grand Jury Report, 4th October, 1791.
County of St. Clair, ?
District Cahokia. J · SS.
We, the grand jury are of opinion that the streets of this village should be repaired, and all other roads leading into said village, particularly the road leading to the Mississippi.
That the weights and measures of this village be examined.
That the millers be required and ordered to render good mer- chantable flour, according to the wheat they receive into their mills and the quantity, and that the millers be ordered to have sufficient and lawful scales and weights.
That to prevent our neighbors, the Spaniards, from having all the Indian trade to themselves, that the citizens of this county be allowed to carry on their trade as usual, in this village with all the Indians who may come, in a peaceable manner, into this village to trade goods, liquors, etc.
That for the support of the laws and government of our county, the speediest means be taken to have a proper jail in th's village, such as the state of this district may afford in its present situation, on an immediate examination.
That a county road be laid out from this village, to the end of the district, to meet the Prairie du Rocher road, and that all bridges be repaired in this district.
Signed by : Math. Saucier, Harmand, dit Sans façon Pierre La Perche, Henry B. Byron, Pierre Guion, dit Guitar, Laurent Am -- lin, Jean Lapense, Charles Germain, J. K. Simpsony, Shadrach Bond, George Hendricks, Isaac Wert, William Arundel.
AN INDENTURE. "SPINSTER."
This indenture witnesseth that Jean de Hay and Jean Beaulieu, overseers of the poor in the township of Cahokia, in St. Clair County, by virtue of a law of this territory of Indiana, in such cases made and provided, have placed, and by tliese presents do place, and bind out a poor child, named Philis, aged six years, unto Joseph Buelle, for twelve years from this date, to learn the arts trade, and mystery of a spinster, etc.
The conditions are couched in the known terms, and it is to be presumed that Philis learned the arts and mysteries of a spinster. Her compensation for the twelve years was one wearing apparel, suitable for the Lord's day, and another for working days.
86
HISTORY OF ST. CLAIR COUNTY, ILLINOIS.
FIRST DEED IN THE COUNTY OF ST. CLAIR, OLD LIMITS.
Know all men by these presents, that I, John Elgar, of the vil- lage of Kaskaskia, merchant, for and in consideration of one Phaeton and Harness, valued at two hundred dollars, to me in hand delivered, have bargained, sold, aliened, released and confirmed, and by these presents do bargain, sell, alien, release and confirm uuto John Murray St. Clair, of the County of Westmoreland, in the State of Pennsylvania, one equal and undivided half of a certain parcel of lands, lying, and being in the County of St. Clair, in the Wes- tern Territory of the United States, between the villages of Kas- kaskia and Prairie du Rocher, and which were purchased by me at public sale, by order of the Syndic of Kaskaskias, as the estate of Richard Winston, deceased, to him, the said John Murray St. Clair, to have and to hold and his heirs, executors or assigns forever. In witness whereof, I have hereunto set my hand and seal, at Kaskas- kia, the 11th day of June, 1790.
JOHN EDGAR. SEAL
Signed, sealed and delivered, in presence of WINTHROP SARGENT, A. SPRAGUE.
June 14, 1790. True from the original.
WILLIAM ST. CLAIR, Recorder.
FIRST DEED IN PRESENT LIMITS OF COUNTY.
This indenture made the nineteenth day of June, in the year of our Lord, one thousand seven hundred and ninety-two, between Antoine Girardin, of the district of Kahokia, in the County of St. Clair, Territory of the United States, north-west of the river Ohio, Esquire of the one part and John Antoine Alexis Claudius of the same, merchant, of the other part. Witnesseth that the said An- toine Girardin, for, and in consideration of the sum of three hun- dred and eighty-four dollars and two dimes, of lawful money of the United States, to him in hand paid by the said John Antoine Alexis Claudius, at, or before the sealing and delivery of these presents, the receipt whereof he doth hereby acknowledge, hath granted, bar- gained, sold, aliened, released and confirmed, and by these presents dotlı grant, bargain, sell, alien, release and confirm unto the said John Antoine Alexis Claudias, his heirs and assigns forever, all that messuage or dwelling-house and tract or lot of land, whereon the same is built situate, lying, and being in the village of Prairie du Pont, in the said district of Kahokia, now in the tenure and occupation of the said Jolin Antoine Alexis Claudius, the said tract or lot of land containing ten acres English measure, be the same more or less, and bounded and described as follows, to wit: Begin- ning at a lot of land belonging to Phillip Engel, Esquire, in the said village of Prairie du Pont, where he has a small enclosure for pasture ground for his calves, at the north-westwardly corner there- of, and opposite to the house and lot, where the said Phillip Engel now resides in, in the said village, thence along with the said fence to the eastwardly corner thereof, thence in a straight line to the river of the Prairie du Pont, thence with the said river in descend- ing according to the courses thereof, to a post placed in the ground on the banks of said river, between two trees, the one a red oak, and the other a honey-locust, and about ten feet from the one and the other, the red oak marked with three chops of an ax, thence north 49 degrees, 20 minutes, east until it crosses the great road leading from the said village of Prairie du Pont, to the village Kahokia, thence with the said great road southwardly to the place of beginning. Together with all houses, outhouses, edifices, build- ings, barns, stables, gardens, orchards, lands arable and unarable,
meadows, leasows, pastures, feedings, woods, underwoods, ways, waters, watercourses, rights, members, privileges, hereditaments and appurtenances whatsoever to the same, messuage or dwelling house, tract or lot of land belonging, or in any wise appertaining. And the reversions and remainders, rents, issues and profits thereof, and of every part thereof with the appurtenances, and all the estate right, title, interest, property, profession, claim and demand, as well at law, or in equity, or otherwise, howsoever of him, the said An- toine Girardin, of in, or to the said messuage or dwelling-house, and tract or lot of land above bargained and sold, and every part and parcel thereof with their appurtenances to the said John An- toine Alexis Claudius, his heirs and assigns, to the only proper use and behoof of the said John Antoine Alexis Claudius, his heirs and assigns forever, and to and for no other use, intent or purpose what- soever and the said Antoine Girardin for himself, his heirs, exe- cutors, and administrators and for every of them doth covenant, promise and agree to, and with the said John Antoine Alexis Clau- dins, his heirs and assigus, by these presents in manner and form following, that is to say, that he, the said Antoine Girardin, and his heirs, all and singular the said messuage or dwelling-hcuse, and lot or tract of land above bargained and sold, and every part there- of with the appurtenances to the said John Antoine Alexis Claudius, his heirs and assigns forever, against all persons claiming or to claim by, through, from or under him or them, or either of them, shall, and will warrant and forever defend by these presents.
In witness whereof, the said parties have these presents set their hands and seals, the day and year before written,
Sealed and delivered in the presence of witness PERRY,
AT. GIRARDIN. SEAL
JOHN RICE JONES.
I do hereby acknowledge to have received of the said J. A. A. Claudius, the full consideration above mentioned to be by him paid to me.
Witness Perry, John Rice Jones. St. Clair County, 88.
Ar. GIRARDIN.
Be it remembered, that on the sixth day of July, 1792, person- ally appeared before me, one of the Judges of the County Court of Common Pleas, of the said County of St. Clair, the within named Antoine Girardin, Esquire, who acknowledged the within instru- ment as his act and deed.
In testimony whereof, and to the intent that the same may be recorded as such, I have hereunto set my hand and seal, the day and year first above written.
PHILLIP ENGEL. SEAL
FIRST SHERIFF'S DEED.
Book A, pp. 121 and 122.
To all to whom these presents shall comne, William Biggs, Esquire, sheriff of the county of St. Clair in the territory of the United States north-west of the river Ohio, sends greeting :
Whereas, in and by a certain writ of levari facias, issued out of the county court of common pleas for the district of Cahokias, in the said county, bearing date the second day of July, 1793, and to the said sheriff directed and delivered, he was commanded that of a certain piece or lot of ground whereon was erected a dwelling-house, barn, and horse-mill, with other out-houses, with all and singular the appurtenances thereunto belonging, situate, lying and being in the village of Cahokia county aforesaid, bounded as follows: On the south by Walter street, on the east by vacant lots, on the north by the rivulet, on the west by the lot
.
87
HISTORY OF ST. CLAIR COUNTY, ILLINOIS.
now or late of Jean D'Hay and Michel Lagrave, as the same was enclosed at that time, being the lands and tenements of Charles Lefevre, deceased, blacksmith, in his the said sheriff's bailiwick, he should cause to be levied the sum of eight hundred and thirty-four dollars, eight dimes and seven cents, lawful money of the United States, of debt, as well as the farther sum of two dol- lars, eight dimes costs, which Gabriel Cerre, as guardian of the minors Nickols, lately, in the said court of common pleas, before the judges at Cahokia, recovered against the executors of the said Charles Lefevre, deceased, for his debt and costs about his suit expended, and whereof the said executors were convict, as appeared of record, and that he should have these monies before the judges at Cahokia on the first Tuesday in October then next, to render to the said Gabriel Cerre for his debt and costs aforesaid, as well as the said writ, as in and by the same writ will more fully appear: And whereas the said sheriff had, in pursuance of the commands of the said writ, seized and taken in execution the premises in the same writ mentioned, and hath, by a public sale thereof, caused to be levied the sum of six hundred and fourteen dollars, being the highest price that could be got for the same, which were adjudged to Frederick Graeter, of Cahokia, as being the highest bidder therefor. Now, know ye, that I, the said sheriff, for and in con- sideration of the said sum of six hundred and fourteen dollars to him in hand paid by the said Frederick Graeter, at or before the sealing and delivery of these presents, the receipt whereof is here- by acknowledged, hath granted, bargained, sold, assigned and transferred and set over, and by these presents doth grant, bar- gain, sell, assign, transfer, and set over unto the said Frederick Graeter, his heirs and assigns forever, all and singular, the said lot of ground and premises herein before mentioned, and in the said writ particularly described, and every part and parcel there- of, with their appurtenances, and all the estate, right, title, and interest of him the said sheriff of, in or near to the same, or any part thereof, with the appartenances. To have and to hold all and singular the said lot of ground and premises and every part thereof to the said Frederick Graeter, his heirs and assigns to the only proper nse and behoof of the said Frederick Graeter, his heirs and assigns forever.
In witness whereof, the said sheriff hath hereunto set his hand and seal, the thirteenth day of Angust, one thousand seven hun- dred and ninety-three.
WILLIAM BIGGS, Sheriff.
SEAL
Scaled and delivered in the presence of WILLIAM ARUNDEL, JOHN RICE JONES.
I do acknowledge to have received the full consideration money above mentioned.
WILLIAM BIGGS, Sheriff.
St. Clair County, 88.
On the third day of April, 1794 personally came before me a justice of the peace of the said county, the within-named William Briggs, Esquire, who acknowledged the within all as his act and deed.
In testimony whereof, and to the intent the same may he recorded as such, I have hereunto set my hand and seal the day and year before written.
J. EDGAR.
SEAL
Frederick Graeter sold this property on the seventeenth of May, 1794, to Jean Munier, for seven hundred dollars.
On the twentieth of October, 1791, Jean Baptist Calist (called Lachance) sells to Elijah Harrington a house and lot for and in consideration of two spinning wheels, two bread troughs, one cotton gin, one bedstead, and four hundred pounds of pork without bones.
One acre of ground, with a dwelling-honse, was sold by Jacob Jady to Jacque Chenie, February 16th, 1792, for two oxen with yoke and straps, two cows, one mare of two years old, one heifer, one bull-calf of one year old, twenty boards of seven feet long, four doors, two pairs sashes and shutiers for windows with the irons thereunto blonging, all of which is valued at two hundred and twenty dollars, lawful money of the United States. This deed is the first one in which the year of independence, the 16th, is men- tioned.
On the sixth of October, 1792, Benjamin Joseph Byram, of l'Aigle, in the connty of St. Clair, and Mary, his wife, sold to John Edgar certain works lately erected for the making of salt from cer- tain mineral salt springs, together with a certain tract of land, being about one-half of a four-hundred acre tract surveyed to Byram by order of the governor, for $1204.40.
ROADS.
The county of St. Clair enjoys now a splendid system of public roads and it may be of interest to hear of the beginning of those most needed and most important improvements. Although the county was organized in 1790, no traces of laying out public roads are found prior to 1796. The first petition on file reads as follows :
To the Worshipful Court of Quarter Sessions of the Peace, holden at Cahokia in and for the county of St. Clair :
The humble petition of the inhabitants of Turkey Hill, showeth : That whereas the laws of our Territory providing for opening of roads, have put it in the power and made it the duty of your wor- shipful body to issue your order for the surveying and opening pnb- lic roads when and where your worshipful body thought fit and necessary, if the inhabitants shall signify the same by Petition,
Therefore we the inhabitants of Turkey Hill, think it extremely necessary to have a road established from our said district of Tur- key Hill to the village of Prairie du Pont, which we pray you to consider immediately, and grant by giving orders for surveying the same and we, your petitioners, as in duty bound, will ever pray.
William Radcliffe, John Porter, Lewis Rail, Lawrence Shookey, P. Pinsenau, Pierre Beguin, John Hays, John Domoulin and Perry There are eleven more names on the petition, but they have evi- dently been signed by the getter-up of the petition.
The first bridge built in the county has given the name to the village of Prairie du Pont.
SLAVERY IN ST. CLAIR COUNTY.
Slaves had been brought to this county not only by emigrants from Virginia and Kentucky, but also in large numbers from the West Indies by French settlers ; and the "institution" continued for many years, in fact to a recent date. Some of the older resi- dents of St. Clair county may even have witnessed the selling or " binding-ont" of negroes. The records of the county mention these transactions repeatedly, but also the mannmission of slaves. The first record in reference to this, is dated February 23, 1793, and reads as follows ;
"Sachent Tous, qu'il appartiendra que Jeanneton, negresse, side- vant mon esclave, est maintenant libre et maitress d'elle meme, in'ayant payé le prix de sa libertes dont je suis content. Le 23 Fevr. 1793."
B. Tardiveau.
88
HISTORY OF ST. CLAIR COUNTY, ILLINOIS.
Know all whom it may concern, that Jeanette, a negro woman, heretofore my slave, is now free and mistress of herself, she having paid to me a price for her freedom, with which I am satisfied, etc.
In order to contrast the free and easy style in which our French humanitarian writes out the freeing papers, with the careful and guarded language of the Anglo-American, we let here follow the "deed " of William Musick, to wit :
Know all men by these presents that I, William Musick, at pre- sent at Kaskaskia, in the county of St. Clair, in the territory of the United States, north-west of the river Ohio, have remised, released and forever quitted claim, and by these presents do of my own free will and accord remise, release and forever quit claim unto a certain negro man named George, and unto a certain negro girl named Phebe ; all, and all manner of interest, claim and demand, which I now have or hereafter shall or may pretend or claim to have of, in, or to the future services of them, the said George and Phebe, and each and every one of them. And I do hereby liberate them and each of them from any state of servitude or slavery in whichi accord- ing to the laws of the State of Kentucky I formerly held them, while residing in that state. And I do further declare them free and absolute masters of theirs and each of their persons, and of all property they may hereafter acquire.
In witness whereof I have hereunto sct my hand and seal the 22d day of November, 1794.
WILLIAM MUSICK. SEAL
Sealed and delivered in the presence of Barthlemoi Chard and John R. Jones.
Instances of colored men selling themselves to masters are also made matters of record, for instance : County Record, A. page 180, contains such a sale, the consideration paid was two hundred dollars, John Marney being the purchaser. Nov. 28, 1794.
The public sale-bills, mentioned hereinbefore, give further evi- dence in the premises, and we are sorry to say, that the trade did not confine itself to the negro alone, as Indians were also bought and sold. An Indian woman was sold at auction in February, 1794, by the administrator of the estate of Michael Girardin, for 327 francs, about $65.00.
Run-away slaves were advertised, and rewards offered for their re-capture. The following may serve as a sample :
Louisiana Gazette, St. Louis, July 4, 1811.
FORTY DOLLARS REWARD.
Ran away from the subscriber, living near Six Mile Prairie, Illinois territory, on the 27th of June, a negro man, named George, about 40 years old, six feet or upwards high, coarse features, large beard and whiskers, speaks plain and with assurance, has a large vacancy between his front teeth, but not with the loss of a tooth; yellow complexion, sorrily clothed, having none but those on him, viz : a big coat of plain dyed brown, the under part of the sleeves of a drab color. The public are hereby cautioned against dealing or harboring him at their peril. The above reward will be paid to any person who shall deliver the said negro to me, near the Six Mile Prairie, Illinois territory. June 27, 1811.
JOHN HUMPHRIES.
The slavery question, however, caused a violent agitation of the people of this state about the years 1822 '23 and '24. The Anti- Slavery men, headed by J. M. Peek, held a meeting in St. Clair county, organized their forces in fourteen other counties, adopted a constitution, and established their head-quarters at Belleville. Dan P. Cook, Gov. Edwards, and others took sides with Peek, while Gov. Bond, Judge Phillips, A. P. Field and others took sides
with the pro-slavery party. Gov. Reynolds says : The "Anties " were victorious in St. Clair county, and Kinney, Moore and myself were beaten on the question. 1824.
The history of the state speaks of the final disposition of the slavery question.
CHAPTER XI.
THE BENCH AND BAR.
MONG the men who took part in laying the founda- tions of the great State of Illinois there is, perhaps, no class which stands out with greater prominence than the early members of her bench and bar. To them pre-eminently belongs the credit of shaping the public sentiment of the commonwealth. The legal profession, then more than now, brought its members into public life. Every lawyer, according to the breadth of his mind and the sagacity of his views, was either states- man or politician. To him every honorable position in the gift of the state opened its doors. In every movement of the times he was the pioneer of thought and the advanced guard of action. Of many of these eminent men St. Clair county was the home, and of those who practiced at her bar a large proportion reached positions of prominence and distinction, and acquired reputations wider than the boundaries of their state.
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