USA > Illinois > Warren County > Portrait and biographical album of Warren County, Illinois : containing full page portraits and biographical sketches of prominent and representative citizens of the county > Part 76
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" To the Honorable County Commissioners' Court of Warren County: The undersigned Commission- ers, appointed by an act of the General Assembly of the State of Illinois, entitled an " act to establish a permanent seat of Justice for Warren County," ap- proved Jan. 27, 1831, respectfully report that they located the seat of Justice for said county on the southwest quarter of section 29, in township 11 north, of range 2 west (Monmouth Township) of the 4th principal meridian, which said quarter section is reported, and we believe to be, Congress land, and
they have given the said seat of Justice the name of Monmouth.
In witness whereof, we have hereunto set our hands and seal this 7th day of April, A. D. 1831. JOHN G. SANBORN. HAZEN BEDELL, JOHN MCNEIL.
This report was accepted by the County Commis- sioners, though with some reluctance, as stated in the history of Monmouth, and was ordered to be placed on record.
After the organization of the county, Mercer County was attached to it for Judicial and other pur- poses, until it should be organized as provided by law.
In the spring of 1831, the matter of laying out the county seat was taken up by the County Commis- sioners. Plans were carefully prepared and furn- ished and the survey given to Peter Butler, April 25, 1831, who received 2116 cents per lot for the same. On the 26th the Court located the public square. On the 6th of June, the lots were put up at public sale. There were 46 lots sold, amounting in all to $965.621/2.
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At the April term, 1831, the Commissioners' Court ordered that proposals be received and contracts be entered into for the purpose of building a Court- House from plans to be furnished by the Court. From the plans presented, it would appear that these pioneers did not think that expensive halls or build- ings were necessary for the seat of Justice. The following were the specifications : "To be 20 X 22 feet on the ground, 9 feet between sleepers and the joists, and to be built of logs hewn down inside and out, and finished as the County Commissioners shall direct." The construction of this building was let at public vendue to Francis Kendall at $57. It was located on the west side of Main Street, about a block below the square.
Those early Commissioners were statesmen as well as economists, and the duties that they felt called upon to discharge were manifold. At their June term 1831, we find them licensing Wm. Caus- land to keep an inn at the Yellow Banks, which was then temporarily the seat of Justice, under some very commendable restrictions and provisions, to wit : " On his producing to the Clerk of this Court, the Treasurer's receipt for $2.50, and paying the Clerk his fee; and that the following rates be al-
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lowed in said tavern : Horse keeping per night, 25 cents : single feed per night 121/2 cents ; for each meal of victuals, 25 cents ; lodging per night, per bed, 121/2 cents, but if two persons lodge in one bed, 614 cents ; for each half pint of brandy, 25 cents ; for each half pint of rum or wine, 183/4 cents; for each half pint of whisky, 121/2 cents. If any person shall call for a less quantity than a half pint of either of said liquors, the same price as per half pint." If liquors could be had at the present day at the above rates, it is not probable that the good people of Mon- mouth could enforce their prohibition laws.
This inn was the first opened in the county. At the same time a license was given to Stephen S. Phelps to sell merchandise. Viewers were appointed at this term to lay out a road from Broadway, in Monmouth, to Yellow Banks, now known as Oquawka.
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The first regular term of the Circuit Court was called to meet at Monmouth, June, 1831. On ac- count of threatened Indian troubles, no term was held. It was the same in October. In October of the following year, the first session of the Court was held, Judge Richard M. Young presiding. For the proceedings of this Court, the reader is referred to the legal history. The August elections of 1832 re- sulted in the choice of Peter Butler, Sheriff; John Ritchey, Coroner; Jeremiah Smith, John B. Talbot and James McCallon, County Commissioners ; Wm. Edmundson, Representative of the District em- bracing the counties of Calhoun, McDonough and Warren; Wm. McCreery, Senator of the District embracing the counties of Schuyler, Knox, Fulton, Calhoun, McDonough and Warren ; Joseph Duncan for Congress, for all Northern Illinois.
During the year 1833, the laws for the collection of taxes were passed and the land in the Military Tract was no longer exempt. The Clerks of the County Commissioners' Court were made the collectors from September to March, and if the taxes were not then paid the non-resident lands were sold by the Clerks instead of the Auditor as heretofore. This gave the citizens an opportunity to become bidders without going to Vandalia, then the seat of Government.
In 1837, under the act of the General Assemby passed in 1837, a Probate Court was established.
The residents of the territory now embraced by Henderson County, were not satisfied with the loca-
tion of the county seat at Monmouth, and made an effort to have it changed to a more central location. Failing in this, they seceded and organized them- selves into a county which was called Henderson.
From about the beginning of the organization of the county, the County Commissioners, ardently sustained by the people, commenced the laying out and improvement of roads, which under an organ- ized system they have continued until the present day. The result of this has been that to-day the public roads of the county are unexceptional.
The municipal affairs of the county continued un- der the government of the County Commissioners . until 1849, when they were turned over to the County Court. They remained in charge of this Court until June, 1850, when they were for a brief period in the hands of the Board of Supervisors ; then the county matters were again placed in the hands of the County Court. (See County Court history). In 1854 the government of the county was again placed in the hands of the Board of Sup- ervisors.
The last session of the County Commissioners' Court was held Nov. 12, 1849. Under the Constitu- tion of 1848, the County Judge and two associates had been chosen at the general election, in 1849, who were to supersede the Commissioners' Court and take charge of the municipal affairs of the county. These officers were commissioned by the Governor of the State, and after taking the oath of office, duly entered on the discharge of their duties. The first session of this Court was held Dec. 3, 1849. At this session, the Court appointed three Commis- sioners, Joseph Paddox, John C. Bond and Ira F. M. Butler, to divide the county of Warren into town- ships in accordance with the township organization laws.
Board of Supervisors.
T the election held in November, 1849, the people had declared themselves in favor & of township organization. The commis- sioners met and proceeded in the discharge of their duties, completing their work and making their report to the Court. The Board of Supervisors chosen at the spring elections, on the 8th day of April, 1850, organized and proceeded to the transaction of county business. They adjourned
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on the 5th of June, to meet on the second Monday of November following, but this Board never met again. The Supreme Court had decided the elec- tions illegal on account of the insufficiency of votes cast. Accordingly the municipal affairs of the county reverted back again to the County Court. This Court continued to transact the county business until 1854, holding their last regular session on April Ist of this year.
A petition was presented to the County Court, in session Sept. 12, 1853, signed by James McCoy and 50 legal voters of the county, praying that the town- ship organization be submitted again to the people at the next general election, to be holden on Tuesday after the first Monday in November next, which pe- tition was duly granted by the Court, and the Clerk was ordered to give the notice of same for the next general election. An election was accordingly held on the 8th of November, 1853, for township organi- zation. The whole number of votes cast was 1,396, for organization 768, being a majority of all the votes cast at said election. The County Court at its De- cember Term, 1853, again appointed Commissioners
to divide the county into townships. John C. Bond, Samuel Holland and Robert Gilmore were the appointees.
On June 5th following the Board of Supervisors were elected. On April 4, they met, organized and assumed control of the county affairs. A vote had been taken for and against township organization at the regular fall election of 1851 and 1852, and at each of these elections, township organization had been voted on and had been defeated. The people seemed to be very much adverse to it at this time. At the November election of 1853, a vote was taken, as stated above, for township organization, which proved successful.
Since then the affairs of the county have been conducted by the Board of Supervisors, and in the main with unusual satisfaction. The different town- ships have generally sent able and honest members to represent their interests and to legislate for the county. During the war the Board did much toward aiding the cause of the Union. The names of the men comprising the Board since 1853 are given in sketches of the various townships.
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WARREN COUNTY.
ographical.
O country in the world is more fertile than that known as the Military Tract. Warren County is situated in this district, near the Western border of the State, and contains an area of 540 square miles, divided up into 15 full townships. It has no large water courses flowing through its territory, cutting deep channels, but several small streams. In the Northern part it is intersected from East to West by Middle Henderson and Cedar Creeks. About the middle of the county is South Henderson brauch, which rises in township 10, range 2, section 10, and runs nearly due West. In the southern part is a . small stream called Ellison Creek, which with its little tributaries rises in Ellison Township and runs west- ward. In the northern part of Lenox Township, is Slug Run, which runs nearly south, forming a con- fluence with Cedar Fork, near the eastern line of the county. Cedar Fork rises near the western bound- ary at Roseville Township, and meanders southeast- erly. Southeast of this is Nigger Creek and its branches, Little Nigger and Swan Creek, which run in' an easterly direction. With these and some smaller streams the county is pretty well watered, and very good facilities afforded for drainage.
Warren County presents to the eye no scenes of rugged grandeur, but rather the quiet beauty of rounded outlines, of surface clothed with green and far-reaching prairies and beautiful little groves. It
has no mountain chains within its borders. The mean elevation of the county is 600 feet above the level of the ocean. Springs are not abundant but good wells can be obtained from a depth varying from 10 to 60 feet. It is seldom necessary to go to the latter depth; but if so, water is reached after passing through a strata of blue clay.
The county is largely undulating prairie, inter- spersed with groves of fine timber. The soil is a dark vegetable, rich loam, uniform in its general char- acter, beneath which is a subsoil of yellow clay. Along the water courses there was originally a liberal growth of timber, consisting of the oak varieties, elm, ash, hickory, black walnut and the maples. In addition to these can be found along the slope and the bottom lands, the sycamore, box elder, linden, cottonwood, locust, coffee tree, wild cherry, wild plum, thorn, crab apple, dogwood, red bud, hackberry and mulberry.
The alluvial deposits are principally on the bor- ders of the water courses, and rarely exceed a half mile in width. It is claimed that coal measures un- derlie the greater portion of the county, but it has not been found profitable to mine it simply for the coal only. In Roseville Township, near the village, the coal seam crops out, and so along Swan and Lit- tle Nigger Creeks. East of Monmouth, on the site of the Monmouth Mining and Manufacturing Co., coal was found at a depth of about 70 feet. In min- ing for clay for the tile factory, coal was taken out for awhile, but this company has long ceased to mine for coal, and finds it cheaper to purchase elsewhere.
The soil in the county is remarkable fertile, with scarcely an acre of poor ground, and is adapted for the production of all the cereals grown in this latitude.
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WARREN COUNTY.
Legal History.
HE legal profession occupies a most important place in our political, as well as in our social system. It is con- nected with the closest of family ties, and is often called upon to settle the disputes most vital to domestic happiness. To this profession are we indebted for our constitutions and our laws, and in a great mea- sure the management of our polit- ical system. . To it also must we look for the enforcement of our laws, the punishment of its violators and the maintenance of good order in society. The Judicial system of Warren County, as at present constituted, may be di- vided into four parts: The Justice Court, County Court, Circuit Court and the Supreme Court. John B. Talbot was the first Justice of the Peace, receiving his appointment when the county was attached to Peo- ria County, and Daniel McNeil, Jr., was the first ap- pointed after the county was organized. The first elected, which was at the election held the first Mon- day in August, 1830, was John Pence, and Daniel McNeil, Jr., for the Yellow Banks district, and John B. Talbot and Andrew (Sandy) Ritchey, for Hodgin's Grove district.
When the county was organized it was in the fifth
judicial circuit, with Judge Richard M. Young pre- siding. At the time the Judge issued his order for an election for county organization, he fixed the terms of holding the Circuit Court for the fourth Monday in June, and the first Monday in October, which was to be held at such places as the County Commissioners' Court might select. The Commis- sioners, however, for reasons not known, failed to make any provision for an October term of court, and there was none held. The first term of this court subsequently was called for June, 1831. There were two cases docketed for this term, to wit : John Pence, vs. Joshua Vandruff, an appeal case from the Justice Court, and Charles Collins vs. Thomas S. Sublett, an action for debt.
The docket reports that no court was held on ac- count of Indian disturbances. It was the same with the October term following. In October, 1832, the Indian troubles having been settled, a term of court was held, which was the first regular term in the county. Hon. Richard M. Young presided, with Thomas Ford, states attorney, Daniel Mc -. Neil, Jr., clerk, and Stephen S. Phelps, sheriff. The first case tried was an action for an assault and battery ; the People vs. William Dennison. The de- fendant was found guilty and fined $14 and cost. The two first cases docketed were then tried. The judg- ment in the Justice Court was affirmed, and the other case was non-suited at plaintiff's cost. The Grand Jurors for this term were Alexander Davidson, William Russell, Thomas S. Sublett, James Ritchey,
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WARREN COUNTY.
John Caldwell, Peter Smith, Thomas Caldwell, Field Jarvis, John Smith, John G. Haley, Elijah Hanan, John Vanaton, John E. Murphy, Wm. R. Jamison, Elijah Davidson, Jacob Rust, Robert M. Black and Wm. Whitman. Davidson was appointed foreman. After a few days of session the Grand Jury came into court and reported that they had not found any cause for indictment, and there being no further business before them they were discharged. The first petit jury sworn in for the trial of causes were: Sheldon Lockwood, Elijah Davidson, Sr., Henry Meadows, John C. Jamison, Abner Short, Lewis Vertrees, Sam- uel Gibson, Robert Wallace, George Peckempaugh, James Gibson, Joseph W. Kendall and Thomas Gib- son, Sr. They tried the assault and battery case above mentioned.
The members of the Bar were fond of having their little fun in those days, probably more so than now. They had more time then for recreation and frolic, and never failed to embrace the opportunity. John Porter had been admitted to the Bar at one of the sessions of the Court during this term. He was for- tunate in securing a trial case, in which he made his first plea or maiden speech, which is reported to have been a very fair one. On the motion docket is the following order : "Members of the Bar vs. John Porter :- Now, come the plaintiffs and move the Court for an order on defendant to ' wet ' his maiden speech." This order was allowed. The records do not inform us however, whether the young attorney's fees in this case were sufficient to defray the ex- penses necessary to carry out the Court's order.
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Trial of the Murderers of William Martin.
A VERY novel case in the history of crimi- nal practice came up in the June term of 1833. This is a case in which it was pro- posed to try persons for the crime of murder by proxy, and in which Indian law was to be introduced into the state Courts. It was none other than the case of the trial of the Indians turned over as substitutes for the real murderers of William Martin. This was the first indictment for murder, and the first criminal case docketed. The grand jury were John Humphrey, who was the foreman,
Jesse W. Bond, James Ryason, David Maurice, Wm. McCoy, Thos. C. Jennings, Alex. Davidson, James Brown, Williani Russell, R. Black, Robert Wallace, Sr., James Jenkins, John Vanaton, Roland Simmons, Solomon Perkins, Emmons Williams, Wm. Baty, Jonathan Tipton and Peter Scott. The indictment of the Indians is given below, without comment :
At the June term of the Warren County Circuit Court, in the year A. D. 1833 :
STATE OF ILLINOIS, WARREN COUNTY, S SS.
The Grand Jurors chosen, elected and sworn in for the county of Warren, in the name and by authority of the people of the State of Illinois, upon their oaths . present : That Shash-quaw-a-shi, alias Neesh-wak- que, Muck-que-che-qua, Muck-qua-po-la-shah, and Was-a-wan-a-quot, being Indians, late of said county, not having the fear of God before their eyes, but be- ing rnoved and seduced by the instigations of the devil, on the 9th day of August, A. D. 1832, with force and arms, at and within the county of Warren aforesaid, in and upon William Martin, against the peace of God and the people of the State of Illinois, then and there, being unlawfully, wilfully, felon- iously and of their malice aforethought, did make an assault, and that the said Shash-quaw-a-shi, alias Neesh-wakque, a certain gun, of the value of $10, then and there loaded and charged with gun powder, one leaden bullet, which gun he, the said Shash- quaw-a-shi, alias Neesh-wakque, in his right hand, then and there in hand, and held to, against and upon the said William Martin, then and there, and unlawfully, wilfully, feloniously and with malice aforethought, did shoot and discharge, and that the said Shash.quaw-a-shi, alias Neesh-wakque, with the leaden bullet aforesaid, out of the gun aforesaid, then and there by force of the gun powder shot, and sent forth as aforesaid, against the aforesaid William Mar- tin, in and upon the left side of the back of him, a little below the left shoulder blade, the said William Martin, then and there, unlawfully, wilfully, feloniously, and of his malice aforethought, did strike, penetrate and wound, giving to the said William Martin one mortal wound, of the depth of six inches and of the breadth of one inch, of which said mortal wound the aforesaid William Martin then and there instantly died. And that the aforesaid Muck·que-che-qua, Muck-qua-po-la-shah and Was- a-wan-a-quot, then and there, unlawfully, wilfully and feloniously, and of their malice aforethought, were present, helping, aiding and abetting, and com- forting, assisting and maintaining the said Shash- quaw-a-shi, alias Neesh-wakque, the felony and mur- der aforesaid, in manner and form aforesaid, to do and to commit; and so the jurors aforesaid, upon their oaths aforesaid, do say that the said Shash-
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quaw-a -- shi, alias Neesh-wakque, Muck-que-che-qua and Muck-qua-po-la-shah and Was-a-wan-a-quot, then and there, in manner and form aforesaid, the said William Martin, and unlawfully, wilfully and fe- loniously, and of their malice aforethought, did kill and murder, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the people of the State of Illi- nois.
THOMAS FORD, State's Attorney.
This indictment was forwarded to the Governor, with the request that the same be forwarded to the President of the United States, requesting him to make a demand, through the Indian Agent of the band of Indians for the murderers. The particulars of the murder are as follows: On the afternoon of the 9th day of August, 1832, Williani Martin was out in the fields cutting some grass for his horses, when five Indians rushed out from the timber near by, ran up to Martin, shot and killed him, and then as quickly disappeared into the woods again. This field was a short distance south of the block-house or fort. The fort was east of Little York or between Little York and where Hugh Martin's brick house now stands. Mrs. Osborn was living in this block-house with two small children at the time and heard the shots. She, with the two children, rushed out through a corn field into a buckwheat field and laid down on the ground. The McCoy girls are reported to have seen the shooting. One of the murderers was arrested and confined for a time in the fort at Rock Island, then called Fort Armstrong, from which he made his escape. The Indians, who at this time desired to be on friendly terms with the whites, according to their custom, delivered up the next of kin to the real murderers, and these were the ones which were indicted and brought into the Court for trial. The Sheriff of the county, Peter Butler, was notified to be at the Yellow Banks and receive the prisoners, the reported murderers of Mar- tin. At the appointed time, March 20, 1833, he was at the Yellow Banks, was there met by Col. Daven- port, the Indian Agent, Keokuk, and a number of other Indians, who had in custody four young Indian warriors, who had been divested of their weapons, and who were turned over to the Sheriff as substi- tutes for the real murderers, and by the Sheriff taken to Monmouth and there confined in jail to await their trial. Their names were J-o-nah, Ka-ke-mo, Wau-pe-sho-kon and S-sa-fe-mo. While the prison-
ers were in jail, they afforded the people of Mon- mouth considerable amusement in various ways.
The case came up for trial at the June term and created a good deal of excitement. Col. Davenport, LeClair, interpreter, Keokuk, and some 50 chiefs and warriors came from the Yellow Banks and en- camped near the place of trial with the United States flag waving over their encampment. They had, at the suggestion of Col. Davenport, employed Messrs. Field, Galewood & Hempstead to defend them, for which they received large fees. The pris- oners were brought into court under a writ of habeas corpus, and there being no indictment against them for the supposed crime of murder, they were, on mo- tion of the attorneys, ordered to be discharged from their imprisonment and to go hence without delay.
With this order the Court took occasion to repri- mand Keokuk and his chiefs for delivering innocent persons to be tried for the guilty. Keokuk responded through his interpreter, that one guilty of the crime had been turned over to the Government for the murder, but had made his escape, and with the other four had gone beyond the Rocky Mountains; that he had, in accordance with the Indian custom, turned over the next of kin.
The prisoners were very joyful at their deliver- ance, and with the rest of the Indians returned to their hunting grounds beyond the Mississippi.
Trial of Joe Smith.
HE next important case to come before the Court was that of Joe Smith, the Mormon prophet, who, with several other Mormons, had been arrested for offenses against the peace and dignity of the State of Missouri. In the autumn of 1841, the Governor of Missouri made the demand on Gov. Carlin, of Illinois, to de- liver up to him Joe Smith for these offenses. Gov. Carlin issued his executive order to this effect, and its process was being carried out when the attorneys of Joe Smith sued out a writ of habeas corpus and the case came up for hearing before Judge Stephen A. Douglas, who was then on the Circuit, and hold- ing Court at Monmouth.
The warrant of the Governor had been returned
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once before its execution. Joe Smith was under in- dictment for murder and at the time of his arrest was at Nauvoo, which was in this Judicial Circuit. .
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