The History of Jo Daviess County, Illinois, containing a history of the county, its cities, towns, etc., a biographical directory of its citizens, war record of its volunteers in the late rebellion history of the Northwest, history of Illinois Constitution of the United States, Part 30

Author: Kett, H.F., & co., Chicago, pub
Publication date: 1878
Publisher: Chicago : H.F. Kett & co.
Number of Pages: 878


USA > Illinois > Jo Daviess County > The History of Jo Daviess County, Illinois, containing a history of the county, its cities, towns, etc., a biographical directory of its citizens, war record of its volunteers in the late rebellion history of the Northwest, history of Illinois Constitution of the United States > Part 30


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308


HISTORY OF JO DAVIESS COUNTY.


In those days the Commissioners Court had jurisdiction over the per- sons of orphan minors, and would " bind them out." The first exercise of this jurisdiction was in June, 1828, when the Court


Ordered, That Sarah Tessat, an infant minor, under fourteen years of age, be bound as an apprentice to Moses Meeker, to serve until she is eighteen years of age."


About this time the people began to agitate the necessity of building a county jail, and on the 12th of June the Court took the matter under con- sideration, and ordered that a jail be "built of two thicknesses of ten-inch square timber, with a vacancy between the two thicknesses to be filled with rock, as to the lower room, so that the lower room shall be fifteen feet square in the clear and eight feet high. The floors to be made of ten-inch square timber, covered with two-inch plank, to be put on bias and fastened down well with sufficient spikes; one door-way in the lower room, well cheeked-one shutter opening inwardly and the others outwardly-the shutters to be made of two thicknesses of one and a half inch oaken plank. The upper part to be composed of only one wall of ten-inch square timber, but to be well secured with strong rafters, heavy sheeting," etc. A site was selected in "Old Town," on or near the site now occupied by the Presbyte- rian Church, but the jail was not commenced until June, 1829, when a contract for its erection was awarded to Messrs. William Bennett and Eli S. Lattin. From some cause these contractors did not, as appears from the records, complete the jail, for January 20, 1830, John S. Miller was appointed by the Commissioners to complete it and "fix the same as to make it comfortable for the reception of prisoners." Until completed, some time in 1830, when a prison was needed, a room or building was rented wherever it could be found. Early in the Spring of 1828 a building on Bench Street, near the old Mansion House, was used for a jail, and in which a man was imprisoned on a charge of shooting another one in Vine- gar Hill, but he managed to escape and fled the country before trial. In those days there was not as much need of prisons as there was a few years later, for the reason that there were not so many evil-doers. Merchants would some times leave their store doors open and unguarded over night. Piles of mineral would be left in exposed conditions, but it was never dis- turbed. But when the county was fully organized, courts established and lawyers came to settle here, then came frequent infractions and violations of law. Evil-doers grew bolder and had less fear of statute laws than they had of the laws made by the miners. Among them there was a strict regard for the rights of each other, and to feloniously invade their rights or dishonestly appropriate any of their property was sure to bring instant and speedy punishment. There were none of the delays known to statute laws -no changes of venue-but arrest and immediate trial and punishment (if found guilty) followed in quick succession after detection.


The jail was completed and ready for use in the season of 1830, and in September, 1836, when the right of claimants to the lots they held under permit from the general government was being passed upon by a commis-" sion appointed by an act of Congress for that purpose, was the subject of the following little episode:


The commission referred to was composed of three persons: Daniel . Wann and John Turney, of Galena, and Samuel Leech, of Quincy- Daniel Wann, chairman. The commission was provided with a plat of the town, and when it met as a court of adjudication, the clerk, or some other one, commenced at lot No. 1, and asked, "Who claims lot No. 1?" The


Got. L. Dimmick


(DECEASED) APPLE RIVER TP.


THE LINGANY 07 T UETTERNITY OF ILLUNICI3


311


HISTORY OF JO DAVIESS COUNTY.


claimant would respond, "I claim that lot," and if there were no objections his claim was considered valid, and it was recorded in his name. Lot No. 2 was disposed of in the same way, and so on until the entire plat was dis- posed of. When they came to the lot on which the jail was built, "Lot No. -; who claims it?" there was no response, although the county authorities had occupied it for county purposes by permit from the govern- ment agent. There was no response. Silence reigned for some moments, which was finally broken by one George Madeira, who said: "I claim that lot. I am the first man that occupied it as a residence, and according to the rules that govern here I am entitled to possession." The pith of the joke flashed across the minds of the commission and the crowd in attend- ance in a moment, and then followed a roar of laughter that shook the building to its very foundations. Madeira had been the first man to occupy it-the jail-after its completion, on an indictment for some criminal offense, but the facts being presented to the governor, he ordered the attorney for the people to enter a nolle prosegui against the indictment, and he was released from imprisonment. Some years after the occurrence of the epi- sode referred to, Mr. Madeira emigrated to California, where, at last accounts, he had become a wealthy, useful, influential and highly respected citizen.


In 1832, when the Black Hawk war broke out, this jail was seized by the governinent, torn down, removed to another place, and re-erected as a block house by the Twenty-seventh Regiment of Illinois Volunteers. Sep- tember 8, 1832, immediately after the close of the war, the commissioners met, and among their first business caused the following entry to be made:


Ordered, That the clerk make out an account against the United States for the price of the jail of said county, which was taken for public use, together with the damages the county sustained by reason of said jail having been taken, and lay the same before the proper tribunal for adjustment.


March 9, 1833, the account had not been adjusted, and the clerk sub- mitted to the commissioners court the following itemized bill, which was approved by the court, and ordered to be entered of record:


The United States :


To Jo Daviess County, Dr.


For the cost of jail


$381.00


For damages sustained for want of jail.


265.00


$646.00


A certified copy of this bill was made out under seal of the court, properly attested and forwarded to the proper United States authorities. A subsequent order, entered on the 12th of March, indicates that the claim was favorably considered by the authorities of the general government, and that arrangements were made for its payment, for it was


Ordered, That whatever money the Government may allow for the jail and damages, be paid to H. Newhall (the county treasurer) and retained by him for the purpose of pro- curing suitable buildings for the county.


Whatever may have been the prospect for receiving pay, damages, etc., from the government when the above orders were passed, no records were found showing when or what amount was received. Some "old settlers " say the matter was referred to a member of Congress from this district at the time, and that to the best of their memory nothing ever came of it.


June 13, 1828, the County Court commenced to agitate the propriety of securing grounds for county buildings, and appointed David G. Bates, Samuel C. Muir, Mathew C. Comstock, J. S. Miller and Richard W. Chandler


18


312


HISTORY OF JO DAVIESS COUNTY.


as commissioners to select suitable grounds, etc., with instructions to report their action in the premises to the County Court on the following Tuesday -June 20. At that time the committee appeared before the commission- ers and reported that they had nothing to report-that they had made no selection of grounds, and asked to be discharged, which request was granted, and an order entered dismissing them from a further consideration of the subject.


Wednesday, the 21st, Samuel C. Muir, Mathew C. Comstock and D. G. Bates were appointed to the same duty, and on the 28th this committee also reported that they had been unable to find a suitable location, and were also discharged.


The commissioners then entered upon a general discussion of the sub- ject, and finally


'Ordered, That a court house be erected on the lot heretofore set apart by the agent for the erection of a school house, on the "bench" near the house of J. S. Miller; and that James Harris, Samuel C. Muir and D. G. Bates be authorized to contract for the building of the said court house and jail, and that they be authorized to pledge the revenue of the County of Jo Daviess for the payment of $2,000 on account of said buildings.


This order was not immediately carried out, as from Mr. Lorrain's Centennial History, and from other sources of information, it appears that (with the exception of the jail completed in 1830) all the buildings used by the county were rented or leased until the completion of the present court house and other county buildings.


Taking the business of the County Commissioners Court in regular order, we find, under date of March 10, 1829, the following entry :


Ordered, That a tax of one half of one per cent be levied and collected on town lots, slaves, indentured or registered servants, pleasure carriages, distilleries, stock in trade, horses, mules, mares, asses, neat cattle three years of age, watches and other appendages, and all other property not real in the possession of citizens."


At that date lands were not taxable. The title was still in the govern- ment, and could not be occupied except by permit from the general govern- ment. [Full reference to the conditions that withheld the lands in the Galena section from actual occupation by individuals and their consequent. taxation, will be found in the preceding pages of this book.]


Under date of June 3, 1829, the following entry appeared, and from which it will be seen by reference to the maps, that the Rock Island pre- cinct extended down below the present City of .Rock Island, to the north line of the south tier of townships of Mercer County. The north line of the military tract commenced at the northwest corner of the south- west township of that county, and extended east to the Illinois River, a few miles below the present City of Hennepin, in Putnam County.


It appearing to the satisfaction of the court that a considerable portion of the Platts- ville election precinct is out of the bounds of Jo Daviess County, it is therefore ordered that said precinct be vacated and that such part thereof as does pertain to said county be attached to Menominee precinct.


Ordered, That the following be established as a district for the election of Justices of the Peace and Constables in Jo Daviess County, to be called the Rock Island precinct, to-wit: Beginning at the intersection of the Maria Dosia and Rock Rivers, thence along the said Maria Dosia to the middle of the Mississippi River; thence along the middle of said river to the northern boundary line of the military tract; thence east along the said line to a point due south from the place of beginning; thence due north to the place of beginning.


It is ordered that the elections in said precinct be held at Farnhamsburg, and that George Davenport, John Barrel and - Casner be appointed judges of election.


June 9, 1829, Wm. Risley tendered his resignation as county treasurer,


313


1


HISTORY OF JO DAVIESS COUNTY.


which was excepted (county clerk's orthography), and Horatio Newhall was appointed to the vacancy.


September 22, 1829, Charles D. St. Vrain was "allowed $76 in full payment of rent of court house and jail ; " and it was further


Ordered, That William Bennett and Eli S. Lattin be allowed the sum of two hundred dollars in part pay for building a jail in Jo Daviess County.


December 7, 1829, Joseph Ogee, who had established himself on Rock River, at the crossing of the old Galena and Fort Clark (Peoria) state road, as a tavern keeper, made application for license to keep a ferry. The license was granted, and the following ferry rates fixed by the court:


Man and horse. $ 25


Horses or cattle per head, other than cattle yoked_ 3712


Road wagon. 1 00


For each horse hitched to said wagon


25


Each two-horse wagon. 75


Each two-wheeled carriage or cart.


1 00


One-horse wagon.


75


Each hundred weight of merchandise, etc.


6


At the same session of the court (Dec. 8), John Barrel was granted a license to maintain a ferry across the Mississippi River at Rock Island, and to charge the same rates as those established by George Davenport.


Before adjournment, the court directed its attention to fixing the rates of " tavern keepers " for the year 1830. We have heretofore incorporated within these pages the first standard of prices thus established for the gov- ernment of landlords and saloon keepers, but as this one is a little more elaborate, we reproduce it from the musty old record :


Each meal 3712 cents 25


Horse feed


Horse per night at corn and hay. 6212


Man per night_


1215


Each half pint of French brandy or wine. 25


6.


whisky or other domestic liquors 1212 66


" Holland gin. 25


25


Each quart of porter, cider or ale.


In January, 1830, the people began to manifest some anxiety to know where they lived, whether in the State of Illinois or the Michigan Terri- tory, and on the 20th of that month the county commissioners


Ordered, That D. R. Davis be and he is hereby employed to run a random line from Galena, taking as his data the observation of Lieutenant Bourdine, and establishing a temporary line for the government of the officers of Jo Daviess, between the County of Jo Daviess and the Territory of Michigan.


As has already been stated, the" miners at Gratiot's Grove, Shullsburg, Rountrees, and a half dozen other places, now known to be in Wisconsin, and extending away up towards Dodgeville (as is now), were included in Jo Daviess in the first establishment of election precincts. Jesse W. Shull was at one time a member of the County Commissioners Court, and the people up there bore their part of the early expenses of the county-their personal effects being taxed witli the people in the immediate vicinity of Galena, the county seat. As late as 1840, as elsewhere noticed, the people here were not fully satisfied as to their personal whereabouts, or else were ambitious for state capital honors, and in the Fall of that year a meeting of the leading citizens of Jo Daviess and other counties, was held at Rockford, to agitate the subject. We have been unable to find any written or printed


314


HISTORY OF JO DAVIESS COUNTY.


account of the proceedings of that meeting, and come to the conclusion that the people finally concluded to accept the situation, and make the most they could out of the advantages afforded by their galena-filled hills.


Immersed in the first records of the county, we had well nigh forgot- ten a very important enterprise-the commencement of the publication of a newspaper by James Jones, called the Miners' Journal. The first number of the Journal was issued July 8, 1828, and was received with pleasure and satisfaction by the people. It was, we believe, the first newspaper enterprise undertaken in any part of Northern Illinois, Chicago not excepted. The Journal was a four-page paper, with four columns to the page, printed in long primer and brevier type, and on coarse, heavy paper, now brown with age. Dr. Horatio Newhall, one of the earliest and best settlers at Galena, carefully preserved the files of this paper, and had them sub- stantially bound, which-thanks to his son, Dr. E. G. Newhall-were placed at our service while writing up this history. The file is perfect from July 25, 1828, to June 12, 1830, and is the only file of that paper in existence. Unfortunately the first two numbers are missing, so that we are unable to present even a synopsis of the editor's salutatory or introductory address, but there is enough else in the two years the files cover to make the file a most interesting volume. Fifty years, lacking a few months, have passed since the Journal was commenced, but these fifty years have been so full of his- tory-have worked so many changes-that an examination of the contents of this old file-this keep-sake of half a century ago-makes one almost be- lieve that he is in another world.


Turning to number three of the Journal, dated July 25, 1828, we ex- tract the following personal mention of one of the native representative mer of that time:


WA-PO-NA, the principal chief of the Fox nation, remained several days in this town during the last week, on his return from a visit to the Indian village at Du Buque's mines. During his stay here he sat for his portrait at Mr. Berry's rooms. He was dressed in fine style, and Mr. Berry has succeeded with his usual happy talent in taking a very striking likeness of the " Prince." Wa-po-na resides on Rock River, is much respected by the Americans, and is universally revered by his nation. He was attended by ten or twelve of his principal braves. By his open address, the dignity of his manners, and by his unas- suming deportment, he has gained the friendship of all who know him. He has once been at the City of Washington, and visited the President of the United States."


Then follows an item of general news that will show the extent of the fur trade of the West and Northwest at that time :


On the 10th inst., thirteen boats passed the City of Jefferson on their way to St. Louis, laden with FUR, from the Rocky Mountains, the property of McKenzey & Co., and is sup- posed to be the most valuable cargo ever collected from that quarter .- Mo. Intel.


In 1828. General Jackson was a candidate for president, and the Journal printed both the Jackson and administration Adams electoral tickets:


"Jackson Electoral Ticket .- John Taylor, of Sangamon County; John Huston, of Wabash County; R. M. Young, of Randolph County.


" Administration Electoral Ticket .- Elijah Iles, of Sangamon County; Sam'l H. Thompson, of St. Clair; George Webb, of White.


"Representatives to Congress .- Hon. Joseph Duncan, George For- quer, Esq.


" STATE LEGISLATURE. .


"Senator for the district composed of the counties of Jo Daviess, Peoria, Schuyler, Fulton, Pike and Adams-R. W. Chandler, of Jo Daviess; John A. Wakefield, of do .; Henry J. Ross of Pike.


315


HISTORY OF JO DAVIESS COUNTY.


"Representatives for same District .- John Turney, Jas. Nagle, James Craig, of Jo Daviess; Ossian M. Ross, of Fulton; Abraham Pricket, of Adams; John Orendorff, of Fulton.


" Sheriff for Jo Daviess County .- John Foley, John Barrell, Samuel Burks, Thomas W. Thompson.


" County Commissioner .- James Harris, Hugh R. Coulter, George Davidson, Jesse W. Shull.


"Coroner .- George W. Carman."


The same number of the Miners' Journal that contained the above extracts had the following arrival and departure of steamboats:


STEAMBOAT REGISTER.


1828.


ARRIVED.


July 18-Missouri, Culver, from St. Louis. 22-Red Rover, Throckmorton, St. L.


23-A Mackina boat from Green Bay, laden with Merchandise, in part from New York and Green Bay.


July 25-Rover, Carlysle, St. Louis.


DEPARTED.


July 15-Josephine, Clark, for St. Louis. 19-Missouri, Culver, St. Louis. 23-Rcd Rover, Throckmorton, St. L.


This issue of the Journal of fifty years ago also had the following announcements of marriages in high life:


MARRIED .- In England, Francis Godolphin D' Arcy, Marquis of Calmarthan, son of the duke of Leeds, and heir apparent, to Lady Hervey, daughter of Richard Caton, and granddaughter of Charles Carroll, of Carrollton.


In Bellville, Ill., Jas. H. Lane, of the house of Lane, Knox & Co., merchants of St. Louis, to Miss Margaret, daughter of his Excellency, N. Edwards.


But we can not copy into this history of Jo Daviess County all that we find of interest in Jones' Miners' Journal, for it is a great volume within itself, and full of historical information, all of which would be of interest. We will, however, have frequent occasion to draw on its columns hereafter, and will only copy one more item from its well-filled pages now. This extract is from the Buffalo (N. Y.) Journal, after receiving a copy of the Miners' Journal. The Buffalo editor wrote:


Miners' Journal .- During the past week we received the first number of a paper bearing this title, and published by Mr. James Jones, at Galena (lead ore), Fever River, to give which stream a " local habitation " proved no light tax upon our geographical stock of information. Any onc could tell us what we well knew before-namely, that Fever River is among the lead mincs, and in the vicinity of the Winnebago Indians; but all this did not locate the spot whence cmanated the thrice welcome sheet we have mentioncd. We resorted to all the Gazettcers within our reach, but no one recognized Fever River, and we searched some twenty different maps, including the last edition of Finly's great Atlas, with no better success. Wc then seated ourselves to read the entire shect carefully through, in search of the place of its birth. By this process we learned that a court had been held in the County of Jo Daviess-but the map showed no such county, and we were again at fault. Persever- ing in our plan, wc at length discovered that a "party of about one hundred ladies and gen- tlemen went on board the steamboat Indiana, at 9 o'clock A. M. (on the 4th of July). descended Fever River to its mouth and ascended the Mississippi about eighteen milcs, to Fox Village or Dubuque's mines."


This was a great relief, but still we knew not upon which bank of the Mississippi to pursue our search. Finding there was a post-office at Galcna, we resorted to the Postmaster General's list of these useful establishments, by which we learned that Galena is a post township, the capital of Jo Daviess County, and situated upon Fever River, in the extreme northwest corner of the State of Illinois, and, of course, upon the east bank of the Missis-


316


HISTORY OF JO DAVIESS COUNTY.


sippi. The receipt of a newspaper from the heart of the boundless forests of the mining dis- trict is like that of news from a far-off country, and was as little expected by us as the Lake of the Woods Herald or Columbia River Gazette. .


* * *


* * *


*


A history of Galena and the mining country around it, from its earliest settlement, is promised by a correspondent, to be given in future numbers of the Journal. This will require no antiquarian, we imagine, although the production will be full of interest, and . will contain, we trust, facts by which the next compilers of maps and geographies will duly profit. It is stated in the sheet before us that the miners already occupy a territory of one hundred square miles, and that they are still extending their bounds, to make room for the flood of immigration that is constantly rolling in upon the settlement.


We strongly recommend that all anti-tariff lead dealers subscribe for the Miners' Journal, if they dare encourage a domestic article.


The Galena Advertiser, dated "Galena, Upper Mississippi Lead Mines, Illinois," was commenced July 20, 1829, by Newhall, Philleo & Co .- Horatio Newhall, Addison Philleo and Hooper Warren. Files of this paper from its first issue, July 20, 1829, to May 24, 1830, and of the Galenian from May 2, 1832, to January 2, 1833, were preserved by Dr. Newhall in the same volume with the Miners' Journal, and embrace a record of events of half a century ago that is invaluable.


The Advertiser of the 22d of February, 1830, referring to the random survey of the line between Jo Daviess County and the Territory of Michi- gan, as ordered by the County Court, quotes from the report of Mr. D. R. Davis, who was appointed to that duty, as follow :


Assuming as correct, the latitude of Galena 42 deg., 22 min., 55 sec., ascertained from numerous observations by Lieut. Burdine, they started from the lower block house and proceeded north 8 miles, 15 chains and 38 links. The line as surveyed by Mr. Davis, strikes the Mississippi about eight miles above Dubuque's mines. Going eastward, it passes Firman's (formerly Tompkins') house and furnace, running along the northern base of the Sinsinawa Mound, leaving the whole of it in this county. The line passes through the Hardscrabble Diggings, leaving R. R. Young's house about 30 yards south of it. It crosses Fever River at the head of the Natchez race track, leaving Natchez in the Michigan Terri- tory, and including the principal part of the New Diggings in this state. The line thence passes through Gratiot's Grove, including Joseph Paine's house, and leaving all Gratiot's buildings in the territory. Bunkum and the White Oak Springs are, of course, in Jo Daviess.


Thus, almost three years after the county was organized, its north line was established, and the miners and other settlers advised of their where- abouts. Until that time no one knew how far north the county extended.


Thus far the historians have exercised great care in following the records of the County Court, in order that they might present to the readers of these pages a general summary of the labor necessary to put the machinery of the county in full, complete and successful operation. With a few more general quotations from the early records of the county, and their pen will only place on record the more important events of the county's history, such as the building of the Court House, the history of the Agricultural Society, Adoption of the Township System, the Educational Interests, War Record, etc., etc.




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