USA > Illinois > Coles County > The History of Coles County, Illinois map of Coles County; history of Illinois history of Northwest Constitution of the United States, miscellaneous matters, &c., &c > Part 12
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MASSACRE AT FORT DEARBORN.
During the war of 1812, Fort Dearborn became the theater of stirring events. The garrison consisted of fifty-four men under command of Captain Nathan Heald, assisted by Lieutenant Helm (son-in-law of Mrs. Kinzie) and Ensign Ronan. Dr. Voorhees was surgeon. The only resi- dents at the post at that time were the wives of Captain Heald and Lieu- tenant Helm, and a few of the soldiers, Mr. Kinzie and his family, and a few Canadian voyageurs, with their wives and children. The soldiers and Mr. Kinzie were on most friendly terms with the Pottawattamies and Winnebagos, the principal tribes around them, but they could not win them from their attachment to the British.
One evening in April, 1812, Mr. Kinzie sat playing on his violin and his children were dancing to the music, when Mrs. Kinzie came rushing into the house, pale with terror, and exclaiming: "The Indians! the Indians !" "What ? Where ?" eagerly inquired Mr. Kinzie. " Up at Lee's, killing and scalping," answered the frightened mother, who, when the alarm was given, was attending Mrs. Barnes (just confined) living not far off. Mr. Kinzie and his family crossed the river and took refuge in the fort, to which place Mrs. Barnes and her infant not a day old were safely conveyed. The rest of the inhabitants took shelter in the fort. This alarm was caused by a scalping party of Winnebagos, who hovered about the fort several days, when they disappeared, and for several weeks the inhabitants were undisturbed.
On the 7th of August, 1812, General Hull, at Detroit, sent orders to Captain Heald to evacuate Fort Dearborn, and to distribute all the United States property to the Indians in the neighborhood-a most insane order. The Pottawattamie chief, who brought the dispatch, had more wisdom than the commanding general. He advised Captain Heald not to make the distribution. Said he: "Leave the fort and stores as they are, and let the Indians make distribution for themselves; and while they are engaged in the business, the white people may escape to Fort Wayne."
PIONEERS' FIRST WINTER.
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Captain Heald held a council with the Indians on the afternoon of the 12th, in which his officers refused to join, for they had been informed that treachery was designed-that the Indians intended to murder the white people in the council, and then destroy those in the fort. Captain Heald, however, took the precaution to open a port-hole displaying a cannon pointing directly upon the council, and by that means saved his life.
Mr. Kinzie, who knew the Indians well, begged Captain Heald not to confide in their promises, nor distribute the arms and munitions among them, for it would only put power into their hands to destroy the whites. Acting upon this advice, Heald resolved to withhold the munitions of war; and on the night of the 13th, after the distribution of the other property had been made, the powder, ball and liquors were thrown into the river, the muskets broken up and destroyed.
Black Partridge, a friendly chief, came to Captain Heald, and said : " Linden birds have been singing in my ears to-day: be careful on the march you are going to take." On that dark night vigilant Indians had crept near the fort and discovered the destruction of their promised booty going on within. The next morning the powder was seen floating on the surface of the river. The savages were exasperated and made loud com- plaints and threats.
On the following day when preparations were making to leave the fort, and all the inmates were deeply impressed with a sense of impend- ing danger, Capt. Wells, an uncle of Mrs. Heald, was discovered upon the Indian trail among the sand-hills on the borders of the lake, not far distant, with a band of mounted Miamis, of whose tribe he was chief, having been adopted by the famous Miami warrior, Little Turtle. When news of Hull's surrender reached Fort Wayne, he had started with this force to assist Heald in defending Fort Dearborn. He was too late. Every means for its defense had been destroyed the night before, and arrangements were made for leaving the fort on the morning of the 15th.
It was a warm bright morning in the middle of August. Indications were positive that the savages intended to murder the white people; and when they moved out of the southern gate of the fort, the march was like a funeral procession. The band, feeling the solemnity of the occa- sion, struck up the Dead March in Saul.
Capt. Wells, who had blackened his face with gun-powder in token of his fate, took the lead with his band of Miamis, followed by Capt. Heald, with his wife by his side on horseback. Mr. Kinzie hoped by his personal influence to avert the impending blow, and therefore accompanied them, leaving his family in a boat in charge of a friendly Indian, to be taken to his trading station at the site of Niles, Michigan, in the event ot his death.
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BRICHAM-CHI
VIEW OF THE CITY OF CHICAGO.
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HISTORY OF THE STATE OF ILLINOIS.
The procession moved slowly along the lake shore till they reached the sand-hills between the prairie and the beach, when the Pottawattamie escort, under the leadership of Blackbird, filed to the right, placing those hills between them and the white people. Wells, with his Miamis, had kept in the advance. They suddenly came rushing back, Wells exclaim- ing, " They are about to attack us; form instantly." These words were quickly followed by a storm of bullets, which came whistling over the little hills which the treacherous savages had made the covert for their murderous attack. The white troops charged upon the Indians, drove them back to the prairie, and then the battle was waged between fifty- four soldiers, twelve civilians and three or four women (the cowardly Miamis having fled at the outset) against five hundred Indian warriors. The white people, hopeless, resolved to sell their lives as dearly as possible. Ensign Ronan wielded his weapon vigorously, even after falling upon his knees weak from the loss of blood. Capt. Wells, who was by the side of his niece, Mrs. Heald, when the conflict began, behaved with the greatest coolness and courage. He said to her, "We have not the slightest chance for life. We must part to meet no more in this world. God bless you." And then he dashed forward. Seeing a young warrior, painted like a demon, climb into a wagon in which were twelve children, and tomahawk them all, he cried out, unmindful of his personal danger, " If that is your game, butchering women and children, I will kill too." He spurred his horse towards the Indian camp, where they had left their squaws and papooses, hotly pursued by swift-footed young warriors, who sent bullets whistling after him. One of these killed his horse and wounded him severely in the leg. With a yell the young braves rushed to make him their prisoner and reserve him for torture. He resolved not to be made a captive, and by the use of the most provoking epithets tried to induce them to kill him instantly. He called a fiery young chief a squaw, when the enraged warrior killed Wells instantly with his tomahawk, jumped upon his body, cut out his heart, and ate a portion of the warm morsel with savage delight !
In this fearful combat women bore a conspicuous part. Mrs. Heald was an excellent equestrian and an expert in the use of the rifle. She fought the savages bravely, receiving several severe wounds. Though faint from the loss of blood, she managed to keep her saddle. A savage raised his tomahawk to kill her, when she looked him full in the face, and with a sweet smile and in a gentle voice said, in his own language, "Surely you will not kill a squaw!" The arm of the savage fell, and the life of the heroic woman was saved.
Mrs. Helm, the step-daughter of Mr. Kinzie, had an encounter with a stout Indian, who attempted to tomahawk her. Springing to one side, she received the glancing blow on her shoulder, and at the same instant
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seized the savage round the neck with her arms and endeavored to get hold of his scalping knife, which hung in a sheath at his breast. While she was thus struggling she was dragged from her antagonist by another powerful Indian, who bore her, in spite of her struggles, to the margin of the lake and plunged her in. To her astonishment she was held by him so that she would not drown, and she soon perceived that she was in the hands of the friendly Black Partridge, who had saved her life.
The wife of Sergeant Holt, a large and powerful woman, behaved as bravely as an Amazon. She rode a fine, high-spirited horse, which the Indians coveted, and several of them attacked her with the butts of their guns, for the purpose of dismounting her ; but she used the sword which she had snatched from her disabled husband so skillfully that she foiled them ; and, suddenly wheeling her horse, she dashed over the prairie, followed by the savages shouting, "The brave woman ! the brave woman ! Don't hurt her !" They finally overtook her, and while she was fighting them in front, a powerful savage came up behind her, seized her by the neck and dragged her to the ground. Horse and woman were made captives. Mrs. Holt was a long time a captive among the Indians, but was afterwards ransomed.
In this sharp conflict two-thirds of the white people were slain and wounded, and all their horses, baggage and provision were lost. Only twenty-eight straggling men now remained to fight five hundred Indians rendered furious by the sight of blood. They succeeded in breaking through the ranks of the murderers and gaining a slight eminence on the prairie near the Oak Woods. The Indians did not pursue, but gathered on their flanks, while the chiefs held a consultation on the sand-hills, and showed signs of willingness to parley. It would have been madness ou the part of the whites to renew the fight; and so Capt. Heald went for- ward and met Blackbird on the open prairie, where terms of surrender were soon agreed upon. It was arranged that the white people should give up their arms to Blackbird, and that the survivors should become prisoners of war, to be exchanged for ransoms as soon as practicable. With this understanding captives and captors started for the Indian camp near the fort, to which Mrs. Helm had been taken bleeding and suffering by Black Partridge, and had met her step-father and learned that her husband was safe.
A new scene of horror was now opened at the Indian camp. The wounded, not being included in the terms of surrender, as it was inter- preted by the Indians, and the British general, Proctor, having offered a liberal bounty for American scalps, delivered at Malden, nearly all the wounded men were killed and scalped, and the price of the trophies was afterwards paid by the British government.
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HISTORY OF THE STATE OF ILLINOIS.
SHABBONA.
[This was engraved from a daguerreotype, taken when Shabbona was 83 years old.]
This celebrated Indian chief, whose portrait appears in this work. deserves more than a passing notice. Although Shabbona was not so conspicuous as Tecumseh or Black Hawk, yet in point of merit he was superior to either Jí them.
Shabbona was born at an Indian village on the Kankakee River, now in Will County, about the year 1775. While young he was made chief of the band, and went to Shabbona Grove, now DeKalb County, where they were found in the early settlement of the county.
In the war of 1812, Shabbona, with his warriors, joined Tecumseh, was
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aid to that great chief, and stood by his side when he fell at the battle of the Thames. At the time of the Winnebago war, in 1827, he visited almost every village among the Pottawatomies, and by his persuasive arguments prevented them from taking part in the war. By request of the citizens of Chicago, Shabbona, accompanied by Billy Caldwell (Sauganash), visited Big Foot's village at Geneva Lake, in order to pacify the warriors, as fears were entertained that they were about to raise the tomahawk against the whites. Here Shabbona was taken prisoner by Big Foot, and his life threatened, but on the following day was set at liberty. From that time the Indians (through reproach) styled him "the white man's friend," and many times his life was endangered.
Before the Black Hawk war, Shabbona met in council at two differ- ent times, and by his influence prevented his people from taking part with the Sacs and Foxes. After the death of Black Partridge and Senachwine, no chief among the Pottawatomies exerted so much influence as Shabbona. Black Hawk, aware of this influence, visited him at two different times, in order to enlist him in his cause, but was unsuccessful. While Black Hawk was a prisoner at Jefferson Barracks, he said, had it not been for Shabbona the whole Pottawatomie nation would have joined his standard, and he could have continued the war for years.
To Shabbona many of the early settlers of Illinois owe the pres- ervation of their lives, for it is a well-known fact, had he not notified the people of their danger, a large portion of them would have fallen victims to the tomahawk of savages. By saving the lives of whites he endangered · his own, for the Sacs and Foxes threatened to kill him, and made two attempts to execute their threats. They killed Pypeogee, his son, and Pyps, his nephew, and hunted him down as though he was a wild beast.
Shabbona had a reservation of two sections of land at his Grove, but by leaving it and going west for a short time, the Government declared the reservation forfeited, and sold it the same as other vacant land. On Shabbona's return, and finding his possessions gone, he was very sad and broken down in spirit, and left the Grove for ever. The citizens of Ottawa raised money and bought him a tract of land on the Illinois River, above Seneca, in Grundy County, on which they built a house, and supplied him with means to live on. He lived here until his death, which occurred on the 17th of July, 1859, in the eighty-fourth year of his age, and was buried with great pomp in the cemetery at Morris. His squaw, Pokanoka, was drowned in Mazen Creek, Grundy County, on the 30th of November, 1864, and was buried by his side.
In 1861 subscriptions were taken up in many of the river towns, to erect a monument over the remains of Shabbona, but the war breaking out, the enterprise was abandoned. Only a plain marble slab marks the resting-place of this friend of the white man.
ABSTRACT OF ILLINOIS STATE LAWS.
BILLS OF EXCHANGE AND PROMISSORY NOTES.
No promissory note, check, draft, bill of exchange, order, or note, nego- tiable instrument payable at sight, or on demand, or on presentment, shall be entitled to days of grace. All other bills of exchange, drafts or notes are entitled to three days of grace. All the above mentioned paper falling due on Sunday, New Years' Day, the Fourth of July, Christmas, or any day appointed or recommended by the President of the United States or the Governor of the State as a day of fast or thanksgiving, shall be deemed as due on the day previous, and should two or more of these days come together, then such instrument shall be treated as due on the day previous to the first of said days. No defense can be made against a negotiable instrument (assigned before due) in the hands of the assignee without notice, except fraud was used in obtaining the same. To hold an indorser, due diligence must be used by suit, in collecting of the maker, unless suit would have been unavailing. Notes payable to person named or to order, in order to absolutely transfer title, must be indorsed by the payee. Notes payable to bearer may be transferred by delivery, and when so payable every indorser thereon is held as a guarantor of payment unless otherwise expressed.
In computing interest or discount on negotiable instruments, a month shall be considered a calendar month or twelfth of a year, and for less than a month, a day shall be figured a thirtieth part of a month. Notes only bear interest when so expressed, but after due they draw the legal interest, even if not stated.
INTEREST.
The legal rate of interest is six per cent. Parties may agree in writ- ing on a rate not exceeding ten per cent. If a rate of interest greater than ten per cent. is contracted for, it works a forfeiture of the whole of said interest, and only the principal can be recovered.
DESCENT.
When no will is made, the property of a deceased person is distrib- uted as follows :
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ABSTRACT OF ILLINOIS STATE LAWS.
First. To his or her children and their descendants in equal parts ; the descendants of the deceased child or grandchild taking the share of their deceased parents in equal parts among them.
Second. Where there is no child, nor descendant of such child, and no widow or surviving husband, then to the parents, brothers and sisters of the deceased, and their descendants, in equal parts, the surviving parent, if either be dead, taking a double portion ; and if there is no parent living, then to the brothers and sisters of the intestate and their descendants.
Third. When there is a widow or surviving husband, and no child or children, or descendants of the same, then one-half of the real estate and the whole of the personal estate shall descend to such widow or surviving husband, absolutely, and the other half of the real estate shall descend as in other cases where there is no child or children or descendants of the same.
Fourth. When there is a widow or surviving husband and also a child or children, or descendants of the latter, then one third of all the personal estate to the widow or surviving husband absolutely.
Fifth. If there is no child, parent, brother or sister, or descendants of either of them, and no widow or surviving husband, then in equal parts to the next of kin to the intestate in equal degree. Collaterals shall not be represented except with the descendants of brothers and sisters of the intestate, and there shall be no distinction between kindred of the whole and the half blood.
Sixth. If any intestate leaves a widow or surviving husband and no kindred, then to such widow or surviving husband ; and if there is no such widow or surviving husband, it shall escheat to and vest in the county where the same, or the greater portion thereof, is situated.
WILLS AND ESTATES OF DECEASED PERSONS.
No exact form of words are necessary in order to make a will good at law. Every male person of the age of twenty-one years, and every female of the age of eighteen years, of sound mind and memory, can make a valid will; it must be in writing, signed by the testator or by some one in his or her presence and by his or her direction, and attested by two or more credible witnesses. Care should be taken that the witnesses are not inter- ested in the will. Persons knowing themselves to have been named in the will or appointed executor, must within thirty days of the death of deceased cause the will to be proved and recorded in the proper county, or present it, and refuse to accept ; on failure to do so are liable to forfeit the sum of twenty dollars per month. Inventory to be made by executor or administrator within three months from date of letters testamentary or
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of administration. Executors' and administrators' compensation not to exceed six per cent. on amount of personal estate, and three per cent. on money realized from real estate, with such additional allowance ag shall be reasonable for extra services. Appraisers' compensation $2 per day.
Notice requiring all claims to be presented against the estate shall be given by the executor or administrator within six months of being quali- fied. Any person having a claim and not presenting it at the time fixed by said notice is required to have summons issued notifying the executor or administrator of his having filed his claim in court ; in such cases the costs have to be paid by the claimant. Claims should be filed within two years from the time administration is granted on an estate, as after that time they are forever barred, unless other estate is found that was not in- ventoried. Married women, infants, persons insane, imprisoned or without the United States, in the employment of the United States, or of this State, have two years after their disabilities are removed to file claims.
Claims are classified and paid out of the estate in the following manner : First. Funeral expenses.
Second. The widow's award, if there is a widow ; or children if there are children, and no widow.
Third. Expenses attending the last illness, not including physician's bill.
Fourth. Debts due the common school or township fund.
Fifth. All expenses of proving the will and taking out letters testa- mentary or administration, and settlement of the estate, and the physi- cian's bill in the last illness of deceased.
Sixth. Where the deceased has received money in trust for any pur- pose, his executor or administrator shall pay out of his estate the amount received and not accounted for.
Seventh. All other debts and demands of whatsoever kind, without regard to quality or dignity, which shall be exhibited to the court within two years from the granting of letters.
Award to Widow and Children, exclusive of debts and legacies or be- quests, except funeral expenses :
First. The family pictures and wearing apparel, jewels and ornaments of herself and minor children.
Second. School books and the family library of the value of $100.
Third. One sewing machine.
Fourth. Necessary beds, bedsteads and bedding for herself and family.
Fifth. The stoves and pipe used in the family, with the necessary cooking utensils, or in case they have none, $50 in money.
Sixth. Household and kitchen furniture to the value of $100.
Seventh. One milch cow and calf for every four members of her family.
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ABSTRACT OF ILLINOIS STATE LAWS.
Eighth. Two sheep for each member of her family, and the fleeces taken from the same, and one horse, saddle and bridle.
Ninth. Provisions for herself and family for one year.
Tenth. Food for the stock above specified for six months.
Eleventh. Fuel for herself and family for three months.
Twelfth. One hundred dollars worth of other property suited to her condition in life, to be selected by the widow.
The widow if she elects may have in lieu of the said award, the same personal property or money in place thereof as is or may be exempt from execution or attachment against the head of a family.
TAXES.
The owners of real and personal property, on the first day of May in each year, are liable for the taxes thereon.
Assessments should be completed before the fourth Monday in June, at which time the town board of review meets to examine assessments, hear objections, and make such changes as ought to be made. The county board have also power to correct or change assessments.
The tax books are placed in the hands of the town collector on or before the tenth day of December, who retains them until the tenth day of March following, when he is required to return them to the county treasurer, who then collects all delinquent taxes.
No costs accrue on real estate taxes till advertised, which takes place the first day of April, when three weeks' notice is required before judg- ment. Cost of advertising, twenty cents each tract of land, and ten cents each lot.
Judgment is usually obtained at May term of County Court. Costs six cents each tract of land, and five cents each lot. Sale takes place in June. Costs in addition to those before mentioned, twenty-eight cents each tract of land, and twenty-seven cents each town lot.
Real estate sold for taxes may be redeemed any time before the expi- ration of two years from the date of sale, by payment to the County Clerk of the amount for which it was sold and twenty-five per cent. thereon if redeemed within six months, fifty per cent. if between six and twelve months, if between twelve and eighteen months seventy-five per cent., and if between eighteen months and two years one hundred per cent., and in addition, all subsequent taxes paid by the purchaser, with ten per cent. interest thereon, also one dollar each tract if notice is given by the purchaser of the sale, and a fee of twenty-five cents to the clerk for his certificate.
JURISDICTION OF COURTS.
Justices have jurisdiction in all civil cases on contracts for the recovery of moneys for damages for injury to real property, or taking, detaining, or
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ABSTRACT OF ILLINOIS STATE LAWS.
injuring personal property ; for rent ; for all cases to recover damages done real or personal property by railroad companies, in actions of replevin, and in actions for damages for fraud in the sale, purchase, or exchange of per- sonal property, when the amount claimed as due is not over $200. They have also jurisdiction in all cases for violation of the ordinances of cities, towns or villages. A justice of the peace may orally order an officer or a private person to arrest any one committing or attempting to commit a criminal offense. He also upon complaint can issue his warrant for the arrest of any person accused of having committed a crime, and have him brought before him for examination.
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