USA > Illinois > Tazewell County > History of Tazewell county, Illinois ; together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history; portraits of prominent persons and biographies of representative citizens. History of Illinois Digest of state laws > Part 19
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233
HISTORY OF TAZEWELL COUNTY.
CHANGE OF CLERK.
At a meeting March 17, 1828, J. C. Morgan was appointed Clerk in the place of Mordecai Mobley. Whether Mordecai resigned, un- ceremoniously left, his term expired, or was removed, the records do not say. We only know the change was made. We often wished, as we feel confident all who may undertake the arduous, difficult task of reading these records will also do, that the change had not been made, for Morgan's chirography is not to be compared to Mobley's for correctness or legibility, nor is his orthography nearly so good, and as for punctuation, that is an art Morgan evidently was entirely unaquainted with. We may add that Mr. Mobley has not yet lost the art of writing a clean legible hand and of composing well. After an elapse of just 52 years, lacking three days, from the time he opened the first records of this county, he sends us a speci- men of his handwriting in the shape of a letter. Though over a half century of time-the destroyer of all things-has elapsed since he first recorded his name in the Commissioner's Court records, yet he writes quite as clearly and evenly to day as he did then.
FIRST SALOON.
The first "tavern " license was granted at this term of the Court. A tavern in those days was a combination of an inn and a saloon. The proprietor, however, did not expect to derive any great revenue from the hotel, but looked to his liquors for an income. Many of these "taverns" were the smallest of log cabins. Here and there all over the country, sometimes miles from any other cabin, they might be found. Some of them were indicated to be such by signs nailed to a post, tree, or to the side of the cabin. These were of the rudest make and design. Some simply had the word "entertain- ment" scrawled upon them, while others, more explicit, read " enter- tainment for man and beast." Some were still more definite, and said simply, "whisky and oats." The storms of a half century, the advancement of civilization, the culture of the age, have all combined to transform these rudest of signs, scribbled by an uncultured pioneer upon hewn boards, into gilded and glittering letters artistically traced upon French-plate glass.
The name by which the place was known where liquor was vended was shortly after this changed from "tavern" to "grocery " or " groggery " and subsequently assumed the appellation of "saloon,"
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HISTORY OF TAZEWELL COUNTY.
and finally, that coming into disrepute, many have adopted the more modern title of " sample room," "halls," "gardens," etc.
On the 3rd day of March, 1828, Rufus North, Jacob Funk and Jonas Hittle applied for tavern licenses, which, upon filing good and sufficient bonds, and paying into the county treasury the sum of $2.00, were granted. They were restricted by the following rates established by the Court immediately thereafter granting said licenses :
For each meal. 182 cents. 61
Lodging each person
For each horse fed all night on grain and forage 25
For each single feed
123
66
For each half pint of whisky 122
For each half pint of brandy 25
For each half pint of rum and cordial.
25
For each half pint of wine ..
25
For each quart of cider or beer
123
These as will be seen were moderate charges, and evidently the tavern keepers thought the rate established for lodging was too mod- erate, for we find it was soon raised to 12} cents.
THE JURISDICTION OF THE COURT.
It now appears that while Funk was providing entertainment for man and beast, his neighbor Bogardus had his ferry license, which he had obtained from Sangamon county, proved and spread upon the records here. He also secured the passage of an act prohibiting any one to establish a ferry within one mile of his own.
Bogardus was evidently an old and extensive operator in the ferry ' business, for we find he held his license granted while Tazewell county was under the jurisdiction of Sangamon, and further, we find on Sept. 5, 1828, he made application to this Court for another ferry. He selected, as the most remunerative place for his branch ferry, the Illinois at the mouth of Fox river. It must be remembered that Tazewell county at that time spread over a vast extent of terri- tory. The entire northeastern part of this great State was under their control. Old settlers have told us they well remember when Tazewell county constables were dispatched to Chicago to summon men to appear at the courts of this county.
Yes, though unlearned in law and unacquainted with science and literature, the Commissioners held jurisdiction over a large district, and that they conducted the public affairs rightly, and built a firm and solid foundation upon which the future prosperity and greatness
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HISTORY OF TAZEWELL COUNTY.
of this portion of our beloved State should rest, can not be gainsaid. This is plainly evident from the unparalleled strides made in agricul- tural and mechanical progress ; from the hundreds of thousands of busy inhabitants now dwelling within this territory ; and from the vast stores of wealth accumulated solely from resources within it. Those great and unconcealed wonders reflect honor and credit each day upon their founders ; and as days and years multiply, when the same territory over which they presided shall be teeming with mil- lions of earnest and energetic people, then will greater honors and more exultant praise and adoration be expressed for the brave, sturdy pioneers who explored and opened up a region so prolific, and founded a community that for genius, enterprise and wealth will in the near future out-rank many older settled countries, and indeed will vie with many kingdoms of the earth. Then these vast prairies will be cultivated as a garden. Every forest tree and woodland will be util- ized, and populous cities with numerous factories and vast stores of commerce may be numbered by the score. Then will the modes of travel be superior to the remarkable railroad facilities of to-day, and transport the increased products with greater facility. Indeed, every- thing shall then be as different and as superior to what they are at present as the things of to-day are as compared with those of fifty years ago. Our readers may regard this as wild and unreasonable speculation-as wholly visionary ; but they are only the conclusions deduced from a careful study of history-of a comparison of what has been accomplished, with certain advantages, with the results that the superior advantages now enjoyed will as certainly accomplish.
FIRST COURT-HOUSE OCCUPIED.
The May term, 1828, was convened in the new court-house. Whether or not the Commissioners were pleased with the work we do not know. They spent no time in passing wordy resolutions commending the architect's skill, or otherwise expressing their opin- ion of the work, but immediately proceeded to their official business. We fear, however, that at the present time, if a court was convened in such a structure we might look for resolutions, emphatic and strong, condemnatory of it. The building rested upon piling a few feet from the ground, and beneath it many stray hogs found shelter. From the continued wallowing quite a basin was formed, which was often filled with water. From the burning rays of summer's sun hogs would seek this cheerful spot and lazily roll around, enjoying
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HISTORY OF TAZEWELL COUNTY.
in fullest measure the refreshing bath. The floor, having been laid of green oak, soon shrunk, leaving large cracks between puncheons. Through these winter's chilling wind whistled, while in summer the contented hogs grunted a melodious accompaniment to the eloquent appeals and oratory of the pioneer lawyer.
FIRST JAIL.
Necessarily, as faithful historians, we are compelled to mar the pleasant progress of this chapter by reference to prison bars. It seems as the county advanced in wealth and population the evil principle kept pace with it; and, as immaculate and good as the pioneer fathers undoubtedly were, even among them there were wicked and vicious characters. Accordingly, June 28, 1828, after due notice, the contract for building a jail was "cried off to Robert McClure, he being the lowest bidder." It appears that Mathew Robb was a partner of McClure's in this contract.
Robb was a native Kentuckian, and came to Stout's Grove, McLean county, in 1827. That place at the time was the county- seat of this county, and Hon. Mathew Robb was the noted man of the place. He was Justice of the Peace for many years. A couple by the name of John Pore and a Miss Brown concluded to live together for better or for worse, and accordingly Pore called upon 'Squire Robb to perform the marriage rites. The former crossed Sugar creek for the purpose of taking Robb over; but as the weather had been rainy, the creek was high and inconvenient to cross. Pore crossed it on a log while the 'Squire sat on horseback on his side of the stream. Mr. Pore brought his bride down to the creek ; as it was now about eight o'clock at night torches were lit. It was raining at the time, but they paid no attention to that. 'Squire Robb rode a little distance into the water in order to distin- guish the bridegroom and bride on the opposite bank, and the inter- esting ceremony was performed. McClure was born in Kentucky in 1792 and came to Stout's Grove in 1827.
They agreed to erect the building for $325.75, almost three times the amount paid for a court-house. It was to be completed before the first Monday in September, 1829. It was a two-story structure, 16 feet square, made of solid hewn timber, and was one of the strong- est and most costly jail buildings erected by the pioneers throughout Central Illinois. Nevertheless, the very first prisoner incarcerated within its heavy walls took flight the same night. This individual,
237
HISTORY OF TAZEWELL COUNTY.
whose name was William Cowhart, is also noted for being the first horse-thief in Tazewell county.
FIRST PRISONER.
It was a horse that belonged to James Willis that Cowhart pur- loined. Of all bad characters horse-thieves were the most hated by the pioneers, and as soon as it was noised around that a horse had been stolen the settlers set about determined to bring speedy retri- bution upon the head of the offender. He was soon found and brought back to the settlement and turned over to the Sheriff. This was before the completion of the jail. The prisoner was chained to one of the men and sent into the field to work. At night he was chained to the bedstead. In this manner he was kept for some two weeks. The jail being completed he was carried thither and ushered into the new prison, no doubt with much satisfaction on the part of the injured settlers. The heavy hewn door swung to leav- ing Cowhart the first and only inmate. What must have been their chagrin when on the following morning they found their prisoner had flown. With the aid of a helper he bid them adieu during the night.
We subjoin the following interesting and detailed account of this affair from the pen of the venerable Nathan Dillon, the first settler of the county. It also very strongly illustrates some of the charac- teristies of the pioneers. This reminiscence first appeared in the Bloomington Pantagraph in 1853.
PURSUIT OF A HORSE-THIEF.
" James Willis and his brother were the first pioneers on Sandy, in the neighborhood of where the flourishing village of Magnolia, in Marshall county, now stands, they having located there as early as 1827 or '28, their nearest neighbor at that time being William Holland, who had already settled at Washington, Tazewell county, where he still lives. One cold Friday in the winter James Willis, who had been boarding at William Hall's, in Dillon settlement on the Mackinaw, started on a trip with a young man calling himself by the name of Cowhart, whom he had hired to go and work for him at his new location. The distance was fifty miles and Hol- land's the only family on the road. Willis was mounted on a fine horse, well equipped. The day was very cold and when they got to
238
HISTORY OF TAZEWELL COUNTY.
Crow creek, eighteen miles north of Holland's, Willis dismounted and let Cowhart have his horse, overcoat and equipage, and took the gun belonging to Cowhart, supposing it to be loaded.
"Cowhart mounted, but instantly took the other end of the road. Willis, thinking that a shot from the gun might bring the rogue to a sense of duty, brought it to bear upon him, but upon trial found that the touchhole had been plugged with a green stalk, and so the man, money and equipage disappeared without any hindrance.
" Willis was quite unwell eighteen miles from any house and it was snowing, but he beat his way back to Holland's. It happened that Abraham Hiner, a neighbor of mine, was there, and Willis made out a description of the robber and sent it by Hiner to me, with the request that I should do what I could for him.
"We immediately called our neighbors together and it was agreed that Daniel Hodson, my brothers Daniel, Walter and Joseph, and myself would give him a chase, though it still remained cold and it was thirty-six hours after the commission of the robbery, which occurred forty miles away.
" The next morning (Sunday) we started out destitute of any knowledge which way the rogue had taken, struck across the head of the Mackinaw stream through a country all wilderness, and stayed all night at Money creek. It blew up colder in the night, and the next morning the weather was as sharp as it ever gets. We were on the way again by sunrise; went on to the head timber land of the Mackinaw where we found a little settlement. The good woman where we stopped assured us that the object of our pursuit had eaten his dinner there just about that hour two days before. The ground was bare in places and covered with drifted snow in others ; we were good trackers and took the trail and followed him to Cheney's Grove, where he had stayed over night. Remaining with Cheney till morning we started early and pursued him to Fielder's (near where Urbana now stands). There he had spent the night forty-eight hours previous. The cold Monday, however, al- ready spoken of he had traveled only ten miles, laid by the remain- der of the day, disposed of the horse and plunder, and resumed his journey on foot, being one day and ten miles' travel ahead of us. It was in this part of the country that he struck out upon the great prai- rie, without path or track of any kind. The snow was still deeper and enabled us to keep his track to Georgetown, where he had passed the night previous. We here procured a pilot and pursued him to
-
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HISTORY OF TAZEWELL COUNTY.
Newport on the Wabash. Arriving there at about one o'clock at night we put up our horses. We had expected to take him in bed here, but he was up and off. We renewed the pursuit on foot, it snowing all the while ; we soon procured fresh men and horses, and assisted by a good tracking snow, overtook him near Roekville, In- diana. It seemed a hard turn for the poor wretch to right about face, but with a sneaking smile on his countenance he returned with us to the Wabash, where a fine-looking old man approached us with a cup of whisky in his hand, and in a bold, open manner said : 'You have caught the villain.' He made some other remarks and we passed on, Cowhart being between my brother Joseph and my- self. We observed to him that such talk must be very disagreeable, at which he burst into a loud ery, and the blood gushed from his nose at a greater rate than I had ever seen it flow from the nose of any man. It seemed as if he would bleed to death, but after apply- ing snow pretty freely he recovered and became calm; but instead of that sneaking smile his face wore a very solemn air. The first words he said were: 'Had it not been for my old father I should not have been in this fix; said he had persuaded him about three years before, and they had agreed to undertake the business, but this was the first time he had ventured or been caught in such a fix.'
" When issuing out of the Wabash bottom we ascended a steep point with deep ravines on each side. We noticed him slyly in- specting the grounds. His countenance lighted up as if he was about giving us the slip. We told him that if he made such an at- tempt we would surely shoot him. He pretended to regard as strange what we said, but afterwards confessed that he had intended to run down the steep, covered as it was with thick vines, and es- cape by running along the trackless ice in the stream.
" When we arrived at the tavern at Newport it was some time be- fore sundown, and as we had slept none the previous night we con- cluded to rest the balance of the evening. The bar-room was full of men gathered in to witness our movements. Brother Joseph and myself obtained leave of the landlady to take the prisoner into her room until we could dry our feet, which were excessively wet from walking in the snow. After some time the landlord came into the room and whispered to the prisoner, at which the good lady of the house took umbrage, saying that he had better speak aloud so that we could hear. He then said there was a man in the other room that wished to see him, and I remained a moment to inquire of the
16
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HISTORY OF TAZEWELL COUNTY.
woman what was the prisoner's real name. When I repaired to the bar-room I found a young man there writing. I ordered our friends to get our horses, beginning to mistrust the house was no place for us. About the time we were ready to start the man at the writing- desk proved to be a lawyer, and presented a petition to our prisoner to sign, praying for a writ of habeas corpus. I snatched the peti- tion from the prisoner's hand, saw what it was, gave it to the lawyer and told him to keep it to himself or I would give him trouble; whereupon he grew saucy, but went back when I walked towards him until he reached the end of the room; told me, I believe, that I was 'out of order;' not to touch him. I told him plainly that if I heard another word from him I certainly should slap his jaw, then left him pale as death and turned to the prisoner and took him by the collar. He attempting to get away, some of the men took hold of me to assist him, exclaiming that there should be no dragging out. I gave him a stout jerk, at the same time Hodson and my brothers Daniel, Joseph and Walter assisted him with a shove, and he went out in short order. We set him astride of one of our horses just as the landlord and another man approached, and said we had no business to come there in such a way. The prisoner begged for help. We told him that if he attempted to get off the horse, or if any man attempted to assist him, we would 'blow him through.' With that we left them and got into our own State the same night. Next day we started for home, which we reached with our prisoner, after being out nine days, some of which were as cold as I ever experienced.
"Willis recovered all that Cowhart had robbed him of except two dollars and fifty cents.
"It was the same winter that the jail at Mackinaw was being built ; and the prisoner was guarded by old Jimmy Scott, Deputy Sheriff, until it was deemed sufficiently strong to keep him safely. Soon after he was put into it, however, somebody was friendly enough to let him out, and he escaped trial and the penitentiary.
"Now I will just say to my friends: I have shown you in this chapter the way to bring in the boys who steal your horses ; if they are stolen imitate the grit of the deep-snow men, and never give them up until you have them safe."
At the April term, 1829, the Commissioners offered a reward "of $20 for the apprehension and delivery of William Cowhart who was let out of jail, and also the person who let him out." Cowhart
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HISTORY OF TAZEWELL COUNTY.
proved to be an expensive settler to the county, for, we find the Court gave James Scott $68 for keeping him. For guarding Cowhart, John Hodgson, William Davis, John Ford, A. Wright, William Sampson and F. Seward each received $2, Nathan Dillon $33.68; Daniel Hodgson $5, and Martin Porter $1, making a total of $119.68, within $5.32 as much as the court-house cost, and it would have paid the County Treasurer's salary for three years.
FIRST FINE.
At the December term, 1829, the first fine received for a violation of the peace was recorded. This was a case wherein Isaac Storms assaulted James Brown. For many years the only cases before the justices of the peace were for assault and battery. The pioneers enjoyed a " free fight" and entered into sport of a pugilistic nature with great interest, seldom resorting to knives or pistols. But when it came to administering law from the justice's bench it was con- demned and a fine imposed, however, simply because the law read thus and so.
ESTRAY PEN.
One of the curious provisions of the law in the times of which we are now writing was, that stock was permitted to run at large. The Supreme Court of the State reversed the common law idea prevailing almost universally in regard to stock running at large. In consequence of this every man was compelled to fence his entire farm to protect his crops from wandering herds. The decision of the Court required stock to be fenced out instead of in. It would have been much less expensive for each man to have protected him- self from his own stock.
Each settler had recorded in a book kept by the County Clerk, certain ear-marks and brands adopted by him for marking his stock, and by which he could identify his cattle and hogs. The vast prai- ries were then in their native condition, free from fences, cultivation or any sort of improvements. By many they were thought to be worthless for all practical farming purposes, except to furnish graz- ing for stock. Horses and cattle often wandered into adjoining counties. There were, however, means by which such stock might be recovered. In each county seat was an estray pen wherein all unclaimed and unknown stock was confined. Notice was quite often made of the number, kind and marks of the stock taken up. In
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HISTORY OF TAZEWELL COUNTY.
1829 a contract for building an estray pen at Mackinaw was award- ed to J. C. Morgan and Jonah Hittle. The pen was 30 feet square and cost the sum total of $13.
FEARLESS BUT FEARED COMMISSIONERS.
During the year 1829 the Commissioners pursued the even tenor of their way, granting petitions for roads, ferries, tavern licenses and election precincts ; appointing and removing officers with an inflexi- bility of purpose that is really amusing. When they investigated a matter there were no palliating circumstances to screen the delinquent. But the judicial guillotine cut off official heads with a refreshing im- partiality. Negligent officers fcared the power of the "tripple C" more than Damocles feared the hair-suspended sword. They simply and plainly said " go," and the official hesitated not but went at once, and that was the end of it.
The Commissioners commenced the year's labor by decapitating, officially, all the road supervisors of the various districts. Then Abraham Carlock was appointed Treasurer to succeed Isaac Walters, and at a salary of $40, which shows an increase in the emoluments of the office of nearly 100 per cent.
FIRST SALOON IN PEKIN.
In March, 1830, George W. Hinch applied for a saloon license to retail liquors in Pekin. This was the first saloon in that city. The petition requests that "George W. Hinch be allowed to sell all kinds of spirituous liquors by the smaul."
BOOT AND SHOE SHOP ESTABLISHED.
William Walter was desirous of contributing to the comfort of his fellow settlers in the way of manufacturing boots and shoes. To this cnd he desired the Court to give him lot 8 in block 8 in the town of Mackinaw. The enterprising Commissioners granted the request, providing he would improve and occupy said lot for at least one year.
SAND PRAIRIE PRECINCT CHANGED.
The citizens of Sand Prairie election precinct petitioned the Court to move the place of holding elections to Pekin, as the "present place of holding elections is inconvenient and oppressive to many citizens. "
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HISTORY OF TAZEWELL COUNTY.
FIRST PAUPER.
Sarah Stout has the honor of being the first pauper in Tazewell county. At the July term the Court gave her to the care of Nathan Dillon for three months, after which time the Court again took her in charge and let her out to the lowest bidder.
CLERK'S OFFICE.
In July, according to a previous notice, a clerk's office of the fol- lowing description was cried off to the lowest bidder: "Building to be frame, 14 feet square, one story high, 9 feet between floors, weather-boarded with planks or boards well shaved; with one door and two windows; a plank floor laid down with green plank with- out nails. Covered with shingles." On the records, but marked over, are the words, "with brick chimney put in it." The judi- cious Commissioners evidently concluded they could not afford such a luxury as a brick chimney, and repealed that clause of the speci- fications. The contract was let to Jonas H. Hittle, for $100.
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