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 34
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Smith & Chambers $5,975
H. J. Stouffer 6,000
A. Telford & Co 7,050
O. Bardwell 6,998
Willis & Co. 6,890
John Rush 7,224
John L. Slaymaker 6,476
The contract was awarded to Chambers & Smith. March 4, 1850, they filed the required bond and made preparations to commence operations.
June 6, 1850, it was "ordered that all alterations from specifications and contracts for building poor house made and agreed upon by V. J. Blood with the contractors, to-wit: Chambers & Smith, be, and the same is, here- by approved." The building was completed as per contract, and a perma- nent home thus provided for the poor of Jo Daviess County.
The land upon which the poor house was built was bought of Matthew Fawcett, the deed bearing date January 30, 1849, and was described as fol- lows: "The west half of the southeast quarter of section 27, town 28 north, range 1 east (excepting a small part thereof as not intended to be conveyed, of 8.50 acres), and also the east half of the southeast quarter of section 27, same town and range, containing eighty acres "-in all 151} acres.'
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HISTORY OF JO DAVIESS COUNTY.
This farm and the poor house were successfully and satisfactorily man- aged until Saturday night, January 8, 1870, when the poor house proper was destroyed by fire. The inmates, forty in number, were at once trans- ferred to a building known as the "Gratiot Building," at the fair grounds, where they were maintained until the completion of a new poor building in 1871.
In the meantime, the board of supervisors, February 23, 1870, voted to sell the old poor farm and purchase a new one. Messrs Switzer, Jones and Chapin were appointed as a committee to sell the old farm, and in- structed not to sell it for less than $4,000. A new farm was looked up, and the Phillips place at Scales Mound selected and conditionally bargained for. The committee for the sale of the old farm found a purchaser in the person of James Roberts, and on the 22d of March, 1870, the supervisors, in consideration of the sum of $6,205, caused a deed to issue to him there- for.
The Phillips place at Scales Mound did not prove altogether satisfac- tory, and its purchase was given up, and the following described parcels of land (a part of it belonging to the old farm) purchased for $3,500. "Part of the northeast quarter of the southeast quarter of section 28 and part of the northwest quarter of the southwest quarter of section 27, town 28 north, range 1, east of the 4th principal meridian, contain- ing 38.03 acres; also, a strip of land 98 links in width off the west side of the northeast quarter of said section number 27, containing 1.97 acres." The deed from James Roberts to the County of Jo Daviess bears date January 2, 1871.
The new building was erected by Messrs. Stowe & Pepoon, and cost $5,560.80. It is a brick structure, built nearly upon the foundation walls of the old one, for the loss of which by fire the county received $5,000 in- surance from the Underwriters of New York-almost enough to pay for the new one, without the loss involved in the sale of the whole of the old farm and the repurchase of a small part of it-about forty acres.
MISCELLANEOUS COUNTY COURT RECORDS.
The first will recorded in Jo Daviess County was made September 2, 1831, by Patrick Markey. He designated Robert Graham and Patrick Gray as his executors. He directed that his executors should endeavor to make such arrangement with his creditors that " what little personal prop- erty I possess and the house and lot on which I live, may not be sacrificed or sold for the payment of my debts, but wait for the payment of debts due me, and for rent arising from my said house, for the discharge of my debts. But if such arrangement can not be made with my creditors, thien to sell only the personal property, and so soon as money sufficient can be collected, to pay, in the first place, a debt due to Mr. Edward McSweeney, amount not recollected." This will was signed in presence of John Turney, judge of probate, on the second, and recorded by him on the 8th of September, 1831.
The following marriage certificate was not the first, but is given for its literary style and the vein of humor running through it:
John Roberts and License issued 10th Dec., 1836.
Elizabeth Davis. )
I, Samuel Smoker, a justice of the peace in and for the County of Jo Daviess and State of Illinois, do hereby certify that, according to the usages in such cases made and pro-
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HISTORY OF JO DAVIESS COUNTY.
vided, and according to the ordinances of God in this behalf, I did join in holy and honored wedlock and in the bonds of everlasting love, the hearts and hands of the within named son and daughter of Adam, viz .: John Roberts and Elizabeth Davis; and consigning them to the blessing and protection of heaven, and to the enjoyment of long years of uninterrupted connubial felicity, I subscribe myself, SAM'L SMOKER, J. P.
License for the first ferry on Fever River at Galena was granted to John Foley and Abner Field, May 15, 1829.
The following is a memorandum of furniture belonging to the court house December 6, 1832: "One writing desk and case; one seal press; one table; four benches; judge's bench; two stationary benches in court house; one pigeon-hole desk."
March 7, 1833, it was
Ordered, That the present mail route from Galena to Farnhamsburg, at Rock Island, as marked by Daniel Fowler, Vance L. Davidson and John Kinney, be, and the same is, hereby declared a public highway-passing Rice's farm, the falls of Apple and Plumb Rivers, crossing the Marvais d'Ogee at the mouth, thence to Farnhamsburg.
TOWNSHIP ORGANIZATION.
Elijah M. Haines, in his "Laws of Illinois, Relative to Township Organization," says the county system " originated with Virginia, whose early settlers soon became large landed proprietors, aristocratic in feeling, living apart in almost baronial magnificence on their own estates, and own- ing the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly distributed over a great area. The county organization, where a few influential men managed the whole business of the community, retaining their places almost at their pleasure, scarcely responsible at all, except in name, and permitted to conduct the county concerns as their ideas or wishes might direct. was moreover conso- nant with their recollections or traditions of the judicial and social dignities of the landed aristocracy of England, in descent from whom the Virginia gentlemen felt so much pride. In 1834, eight counties were organized in Virginia, and the system, extending throughout the state, spread into all the Southern States, and some of the Northern States, unless we except the nearly similar division into 'districts' in South Carolina, and that into ' parishes' in Louisiana from the French laws.
"Illinois, whichi, with its vast additional territory, became a county of Virginia on its conquest by Gen. George Rogers Clark, retained the county organization, which was formally extended over the state by the constitu- tion of 1818, and continued in exclusive use until the constitution of 1848. Under this system, as in other states adopting it, most local business was transacted by three commissioners in each county, who constituted a county court, with quarterly sessions. During the period ending with the consti- tutional convention of 1847, a large portion of the state had become filled up with a population of New England birth or character, daily growing more and more compact and dissatisfied with the comparatively arbitrary and inefficient county system." It was maintained by the people that the heavily populated districts would always control the election of the com- missioners to the disadvantage of the more thinly populated sections-in short, that under that system, " equal and exact justice ' to all parts of the county could not be secured. The township systein liad its origin in Mas- sachusetts, and dates back to 1635. The first legal enactment concerning this system provided that, whereas, " particular towns have many things
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HISTORY OF JO DAVIESS COUNTY.
which concern only themselves, and the ordering of their own affairs, and disposing of business in their own town," therefore, " the freemen of every town, or the major part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said towns, to grant lots, and to make such orders as may concern the well-ordering of their own towns, not repugnant to the laws and orders established by the General Court." "They might. also (says Mr. Haines), impose fines of not more than twenty sliillings, and ' choose their own particular officers, as consta- bles, surveyors for the highways, and the like.'Evidently this enactment relieved the * general court of a mass of municipal details, without any. danger to the powers of that body in controlling. general measures or public policy. Probably, also, a demand from the freemen of the towns was felt, for the control of their own home concerns.
" Similar provisions for the incorporation of towns were made in the first constitution of Connecticut, adopted in 1639; and the plan of township organization, as experience proved its remarkable economy, efficacy and adaptation to the requirements of a free and intelligent people, became uni- versal throughout New England, and went westward with the emigrants from New England, into New York, Ohio and other Western States, in- cluding the northern part of Illinois."
Under these influences, the constitutional provision of 1848, and sub- sequent law of 1849 were enacted, enabling the people of the several coun- ties of the state to vote " for" or "against " adopting the township system. This question was submitted to the people of the state on the first Tuesday after the first Monday in November, 1849, and was adopted by most of the counties north of the Illinois River-Jo Daviess being one of the exceptions.
February 12, 1849, the legislature passed a law creating a county court. Section one of this law provided "that there should be established in each of the counties of this state, now created and organized, or which may hereafter be created or organized, a court of record, to be styled the County Court,' to be held and consist of one judge, to be styled the ' County Judge.'" Section seventeen of the same act [see pp. 307-10," Statutes of 1858] provided for the election of two additional justices of the peace, whose jurisdiction should be co-extensive with the counties, etc., and who should sit with the county judge as members of the court, for the . transaction of all county business, and none other.
The first session of this court in Jo Daviess County was held in De- cember, 1849.
As previously noted, the question of township organization was voted on by the people of Jo Daviess County at the November election, 1849, but was defeated.
September 25, 1851, the County Court was petitioned to order another election in November on the same proposition. The election was so ordered, but the proposition was again defeated. The poll book for that year shows that 414 votes were cast for, and 746 against, township organiza- tion.
* The New England colonies were first governed by a " general court," or legislature, composed of a governor and a small council, which court consisted of the most influential inhabitants, and possessed and exercised both legislative and judicial powers, which were limited only by the wisdom of the holders. They made laws, ordered their execution by officers, tried and decided civil and criminal causes, enacted all manner of municipal regu- lations, and, in fact, did all the public business of the colony.
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HISTORY OF JO DAVIESS COUNTY.
September 29, 1852, the County Court was again petitioned to order an election for the same purpose. The election was so ordered, and this time the proposition prevailed, but by what majority we are unable to state, from the fact that the poll book for the November (1852) election is not to be found. Neither is the poll book of the election held in November, 1849, on file among the other papers in the County Clerk's office.
Saturday, December 11, 1852, after the result of the election was known, the County Court, William C. Bostwick, County Judge, and Josiah Conlee and Richard Brown, Associate Justices, appointed Charles R. Ben- nett, George N. Townsend and David T. Barr to " divide the County of Jo Daviess into towns or townships.
February 15, 1853, this committee reported to the County Court that they had divided the county into townships, and established them as fol- lows:
1. Fractional townships 28 and 29 north, range 5 east, to constitute one township, named Nora.
2. Fractional township 29 north, range 4 east, to constitute one township, named Courtland (now Warren).
3. Township 28 north, range 4 east, to constitute one township, named Rush.
4. Township 28 north, range 3 east, and fractional township 29 north, range 3, east, to constitute one township, named Thompson.
5. Fractional township 29 north, range 2 east, and that part of town- ship 29 north, range 1 east, east of Fever (Galena) River, to constitute one township, named Scales (now Scales Mound).
6. That part of township 29 north, range 1 east, west of Fever River, and that part of township 29 north, range 1 west, east of the Sinsinawa River, to constitute one township, named Mann (now Vinegar Hill).
7. That part of fractional township 29 north, range 1 west, west · of the Sinsinawa River, and fractional township 29 north, range 2 west, and fractional township 28 north, range 2 west, and that part of fractional township 28 north, range 1 west, west of the Sinsinawa River, to consti- tute one township, named Menominee.
8. Township 28 north, range 2 east, to constitute one township, named Gilford (now spelled Guilford).
9. That part of township 28 north, range 1 east, and that part of township 28 north, range 1 west, east of Fever River, and fractional town- ship 27 north, range 1 east, and fractional township 27 north, range 1 west, to constitute one township, named East Galena.
10. That part of township 28 north, range 1 west, east of Sinsinawa River, and west of Fever River, and all that part of township 28 north, range 1 east, west of Fever River, to constitute one township, named West Galena.
11. Township 27 north, range 2 east, to constitute one township, named Elizabeth.
12. Township 27 north, range 3 east, to constitute one township, named Jefferson (changed to Woodbine).
13. Township 27 north, range 4 east, to constitute one township, named Stockton.
14. Fractional township 27 north, range 5 east, to constitute one township named Ward's Grove.
15. Township 26 north, range 4 east, and fractional township 26 north, range 4 east, to constitute one township named Pleasant Valley.
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HISTORY OF JO DAVIESS COUNTY.
16. Township 26 north, range 3 east, to constitute one township named Derinda.
17. Township 26 north, range 2 east, and fractional township 26 north, range 1 east, to constitute one township named Hanover.
First Board of Supervisors, Elected April, 1853 .- Harvey Mann, Mann Township, now Vinegar Hill; Beeri Serviss, Courtland, now Warren; Patrick McLeer, West Galena; Jonathan Hendershot, Derinda; C. C. Thompson, Thompson; James Findlay, Menominee; E. C. Hamilton, Stock- ton; M. Leekley, Council Hill; Samuel Knight, ; James Harrison, Pleasant Valley; John W. Taylor, Guilford; Ambrose B. White, Woodbine; Halstead S. Townsend, Rush; S. K. Miner, Nora; Thomas B. Carter, Ward's Grove; John Lorrain, East Galena; W. J. Robinson, East Galena.
The first meeting of the board of supervisors was held on Monday, September 12, 1853. Harvey Mann, one of the old county commissioners, was chosen chairman. Richard Seal was county clerk.
At the June meeting of the board of supervisors, 1854, the following alterations were made:
Fractional section 18 and sections 19, 30 and the north half of section 31, in township 29, range 5 east, Township of Nora, be detached therefrom, and that the same be attached to the Township of Courtland, and to take effect from and after the fifteenth day of March, 1855.
18. The Township of Council Hill was created bounded as follows, to-wit:
Commencing at the northeast corner of section 17, on the state line in township 29, range 2 east; thence west along the state line five miles, to the northwest corner of section 15, township 29, range 1 east; thence due south on section line to the southwest corner of section 34, township 29, range 1 east; thence due east along the township line five miles to the southeast corner of section 32, township 29, range 2 east; thence north on the section line to the state line or place of beginning.
The Township of Mann was bounded as follows by order of the board of supervisors at the March term, in 1855, to-wit:
Commencing at the northeast corner of section 16, township 29, range 1 east; thence west along the state line to the northwest corner of section 15, township 29, range 1 west; thence due south on the section line to the southwest corner of section 34, township 29, range 1 west (which said sec- tion line is the division line between the Township of Menominee and the Township of Mann); thence due east along the township line to the south- east corner of section 33, township 29, range 1 east; thence due north to the state line or place of beginning.
The division line between Menominee and West Galena Townships was made as follows, by the board of supervisors at a meeting held in March, 1855, to-wit:
Commencing at the northeast corner of section 4, township 28, range 1 west; thence south on the section line one mile; thence west to the Sin- sinawa River; thence down said river to the Mississippi River.
At the same meeting the following alterations were made in the Town- ship of Woodbine, to-wit:
Sections 6, 7, 18, 19, 30 and 31 in township 27, range 3 east, Town- ship of Woodbine, be detached therefrom, and that the same be attached to the Township of Elizabeth. (This was changed back, as originally, in June, 1855.)
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HISTORY OF JO DAVIESS COUNTY.
19. At the February meeting of the board of supervisors, 1857, the following change was made in the Township of Pleasant Valley, to-wit:
All that part of fractional township 26, range 5 east, be struck off from the Township of Pleasant Valley and created a new township and estab- lished as such, by the name of Berreman.
20. At the September meeting, 1858, the following was erected, to-wit:
All of fractional township 29, north of range 3 east, being taken from the Township of Thompson, and the same be made a new and distinct town- ship, and be named Apple River.
21. At the February meeting, 1859, the following township was cre- ated, to-wit:
All of fractional township 27, range 1 east, and all of fractional town- ship 27, range 1 west, be taken from the Township of East Galena; and be made a new and distinct township, and be named by the name of Washing- ton. (Changed to Rice.)
Since the changes as above noted, there have been a few others of minor importance. These are noted in the history of the townships they affect.
CIRCUIT COURT.
Previous to 1828 there was no court of adjudication on Fever River. The only written law in the mines was contained on a single page of fools- cap, signed by tlie superintendents of the mines, and posted up at the most public place. These " regulations " provided for the settlement of disputes between ininers, but in the ordinary business transactions, as in credits, the people were governed entirely by the laws of honor.
The fourth section of the act of February, 1827, establishing Jo Daviess County, constituted it a part of the first judicial circuit, and pro- vided for terms of the Circuit Court to be held on the first Mondays in June and October, providing, also, that if the judge of the circuit was unable to attend at any regular term, he should notify the clerk, who there- upon should notify all the justices of the peace in the county, who should, or any three of them, attend and hold the court, and while sitting, were clothed with the same powers exercised by the judges, except as to capital offenses.
By another act of the same legislature, and approved the same day, the judge of the first circuit was required to hold a court in one of the coun- ties below at the same time the court was to be held in Jo Daviess. Of course the judge could not preside in both counties on the same day, and left the new county of Jo Daviess to take care of itself and organize its own court. Both terms in 1828 were accordingly hield by justices of the peace, in compliance with the law, but the people complained that they were not treated as well as the other counties were treated, and the justices' court failed to satisfy them.
The first term of the Circuit Court commenced on Monday, June 2, 1828, by three justices: Connolly, Coulter and Field. The attorney for tlie court was not present, either in person or by deputy, and the court appointed Jonathan H. Pugh " to prosecute at this terin."
The first case of record was that of Andrew Arnett, James Arnett and Houston Barton, partners, doing business under the name and style of An- drew Arnett & Co., . vs. Thomas Jordan and Kinchen Odom. "It appear-
Put& Bradley CLERK U.S. COURTS. N. DIST. OF JLLS. CHICAGO
FORMERLY OF GALENA
THE LIBRARY
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HISTORY OF JO DAVIESS COUNTY.
ing to the court that ' the process in this case not having been served on the defendants, it is ordered that this case be continued till the next term of this court, and that an alias issue.' "
On the first day of this term James A. Clark, a Missouri lawyer, was permitted " to practice at this term, and until the next term of this court."
The first indictment returned was on the second day of the term against Michael Dee, for assault and battery, with intent to murder. Dee was arrested at once, brought into court, arraigned, and pleaded not guilty. A jury, consisting of William Tate, Alexis Phelps, William Brasure, John Barrel, Peter Carr, James Langworthy, James Smith, Dawson Parish, H. H. Gear, James Kindall, John Ray and William Henry, were "elected, tried and sworn." The defendant, by his attorney, " moved to exclude the testi- mony of Daniel Harrison and Warren Spears, and that they be sworn to answer whether they believed in a future state of rewards and punishments. The witnesses said they knew nothing about it, and they would not swear to any thing which they did not know." This answer was evidently satis- factory to the court, as the witnesses were sworn. The case was tried, and the jury brought in a verdict of " guilty."
Thus, the first case was commenced and completed in one day.
June 4, the jury brought in thirty-four bills of indictment, and the court ordered capiases to issue, returnable instanter.
June 5, Joseph Payne and James M. Strode were fined ten dollars each for contempt, and the sheriff was ordered to take their bodies and keep them in custody until the fines were paid.
Abbott & Swan were indicted for retailing spirits without a license. Moses Swan appeared, was tried and acquitted.
In a number of similar cases defendants pleaded guilty, and were fined ten dollars each and costs.
The first divorce case in the county was entered by Mary Hall against John Hall.
The first term adjourned June 12, after ordering a special terin to be held on the third Monday in August, for the trial of chancery causes.
At the second term, commenced Monday, October 6, 1828, Justices Connolly, Harris and Field presided, and "P. H. Winchester presented an appointment from the attorney general to prosecute in this court at this term as his deputy."
Among others fined for. contempt at this term was William S. Hamil- ton, who was fined $5. There was apparently no little contempt of court in those days, and the court was determined that it should be properly respected.
During the Winter of 1828-'9 the legislature changed the time of holding court in this county, and the third term commenced on Monday, May 11, 1829. Judge Richard M. Young presided.
A grand jury was impanelled in due form as follows: William P. Til- ton, William Hempstead, Elisha Blanchard, William Bennett, Charles D. St. Vrain, Moses Hallett, H. H. Gear, David McNair, A. T. Crow, David G. Bates, D. B. Morehouse, A. R. Howe, Dennis Murphy, James Wanton, Horatio Newhall, Thomas K. Rice, Hiram Watson, James Bennett, Lewis Curtis. David G. Bates was appointed foreman, and the first court in Jo Daviess County held by a judge was in operation. Albion T. Crow and Horatio Newhall were discharged from the panel, as they were physicians, and John Ankeny and H. Smean were sworn in their places.
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HISTORY OF JO DAVIESS COUNTY.
On the 12th of November, 1829, Robert B. Bartlett, a Scotchman, made declaration of his intention to become a citizen of the United States- the first act under the naturalization laws in the Circuit Court of Jo Daviess County.
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