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 51

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 51


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Stark had drafted the charter, but the legislature had seen fit to make some amendments that did not suit him. One of the objections, it is said, was that the bill, as passed, provided that none but American citizens should vote under its provisions. The preamble and resolution were evidently prepared by Stark; by its adoption the town board of Galena assumed the prerogative of the supreme court and undertook to decide a question of constitutional law, while they placed themselves in open rebellion against state authority.


Little of interest to the. historian was done by the board in 1839, except to issue corporation paper.


July 13, 1839, a committee was appointed to count, register and burn all the old corporation paper.


September 30, 1839, Mr. Barry resigned as clerk, and Samuel Smoker was elected to succeed him.


November 26, M. M. Maughs and John G. Potts were appointed assessors.


The attitude of the board under the lead of the revolutionary Stark in the city charter inatter had not been permitted to pass unnoticed. Early in May notice was served upon the contumacious trustees that application for a writ of mandamus would be made at the circuit court, by leading citi- zens, who were determined to know which was subordinate, the state or the Board of Trustees of the Town of Galena, and the suit was brought as an agreed case.


On the 10th of October, the corporation counsel, who had brought them into the difficulty, submitted to the board a draft of return to the mandamus rule against it. This was read, and on motion of A. T. Crow,


Resolved, That the president sign the said return and cause the seal of the corporation to be affixed, and the return to be made to the rule by the counsel of the board.


Among the last acts of this board at their last session was the adoption, on the 3d day of April, of the following:


Ordered, That the sum of $1,500 be issued to meet the wants of the corporation.


Similar orders frequently occur in the town records. It didn't matter if it took three dollars to pay one; scrip was easily printed and easily issued.


On the same day licenses were granted to keep tippling shops to Hugh Wilson, Philip Byrne and John Dowling.


April 6, 1840, Jolın L. Slayınaker, J. P. DeZoya, Wm. H. Hooper, J. Turney, N. Dowling, Abraham Hathaway, P. F. Schirmer, were elected trustees. Organized on the 7th. John L. Slaymaker, president; Samuel Smoker, clerk; G. M. Mitchell, treasurer; John Stark, attorney.


May 4 Mr. Smoker resigned as clerk, and James Rice was elected in his place.


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HISTORY OF JO DAVIESS COUNTY.


July 6, 1840, Mr. Stark reported that the application for mandamus against the late trustees was still pending in the circuit court, and had not reached final decision.


September 7, 1840, the trustees received a proposition from the county commissioners to apply the revenue to accrue from the sale of grocery licenses within the corporation of Galena to the erection of a bridge across Fever River. Mr. Stark, attorney, and Mr. Rice, clerk, were appointed a committee to confer with the commissioners and to take the necessary steps to carry the arrangement into effect.


Sept. 21, 1840, a resolution to license tippling houses was carried by ayes and noes as follows: Ayes, Slaymaker, Dowling and DeZoya-3. Noes, Schirmer and Hathaway-2.


On the same day the following communication was received from the Attorney of the Corporation:


To the President and Trustees of the Town of Galena :


In the matter of the application for a mandamus, the Circuit Court, on Saturday last ordered that an alternative mandamus issue against your board commanding you within thirty days from the date of the order to carry into effect the 45th Section of the City Char- ter; or to show cause why you-do not so, next term.


JOHN STARK, Corporation Attorney.


October 26, on motion of Mr. Hooper, it was ordered that the sum of $5,000 in the notes of this corporation be issued.


Nov. 16. A writ of mandamus was served on the President of the Board of Trustees by the Sheriff of Jo Daviess County, commanding the Trustees to carry into effect the 45th section of the City Charter, or show cause why they do not so, at the next term of the Circuit Court. Mr. Hath- away offered a resolution that the 45th section of said City Charter be complied with according to the order of the court, and. that the election be held on the 7th day of December next. Lost. Ayes: Hathaway and Schirmer-2. Noes: Slaymaker, Dowling and Hooper-3. The Corpora- tion Attorney was then instructed to show cause at the next term by a vote of 3 to 2.


While the Board of Trustees were thus defying the laws of the state they were not backward in issuing corporation paper, for on the same day that they determined to "show cause," they ordered, on motion of Mr. Hooper, that $3,000 on the notes of the corporation be issued.


Nothing of particular importance was done by the board except to issue corporation paper, and on the 5th of April, 1841, a new board was elected, consisting of Abraham Hathaway, Wm. H. Hooper, Nicholas Dowling, John Dement, John L. Slaymaker, R. W. Brush and Charles S. Hempstead. On the 6th, Abraham Hathaway was elected President, J. Rice, Clerk pro tem.


It would seem that the City Charter question was practically decided by the people at this election, for immediately after the election of Presi- dent, on motion of Mr. Hempstead, the following resolutions were adopted:


Resolved, That the act of the Legislature of this state, entitled an " An act to amend the several acts incorporating the Town of Galena," approved Feb. 15, 1839, be immediately submitted to the inhabitants of said town for acceptance or rejection, pursuant to the 45th section of said act.


Resolved, That we do now proceed to take all the steps required of us to perform by said 45th section.


Resolved, That the 26th day of April instant, be fixed upon as the day on which said city charter shall be presented to the citizens of Galena for their acceptance or rejection.


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HISTORY OF JO DAVIESS COUNTY.


Resolved, That the clerk give notice of the time of laying the charter before the inhabitants of the town, according to the 45th section of the act, and that he cause the said act to be published in the Northwestern Gazette and Advertiser, being the only paper pub- lished in said town, at least ten days before the election.


Resolved, That W. B. Green, Daniel Wann, and G. W. Campbell, be appointed judges of election, as aforesaid.


On the 26th of April, the charter was accepted by a vote of 196 for accepting and 34 for rejecting, the charter.


May 3, at a meeting of the trustees, Henry Marfield, William B. Green, and John Woods, were appointed to take the census of the town.


May 10, the board divided the town into three wards:


First, All that portion of the town on the west side of Fever River, which lies south of the southern line of Warren Street, and westwardly with said street to West Street, thence, so as to include block 60, to the western line of the town; and on the east side of Fever River, all south of Van Buren Street, from the river to the eastern and southern line of the town.


The second to embrace all that portion of the town on the west side of Fever River, from the northern side of Warren Street to West Street, up that street to Green, and with said street to the western line of the town; and from the north side of Warren and Green Streets to the south side of Elk Street and Perry Street, and by a direct line between said streets, running through lots 49 and 50, between Bench and Prospect Streets.


The third ward to comprise all the remaining parts of the town, lying north of Elk and Perry Streets, and the line through lots 49 and 50, before mentioned, and on the east side of Fever River, all the blocks lying north of Van Buren Street, to the northern and eastern line of the town.


The persons appointed to take the census, reported 1.900 inhabitants in the town. The 24th day of May, 1841, was fixed as the day for the elec- tion of mayor, and two aldermen for each of the wards of the city under the charter. Judges of election were appointed as follows :


First Ward-James Johnson, John Campbell, and T. B. Farnsworth; voting place, the office at the corner of Morrison Alley and Bench Street.


Second Ward-Daniel Wann, M. M. Maughs, and O. S. Johnson; voting place, Scott's Warehouse. -


Third Ward-Michael Murphy, Geo. M. Mitchell, and W. B. Green; voting place, the court house.


The election was held, as ordered, on the 24th day of May. The whole number of votes for Mayor, 356. Charles S. Hempstead had 185, H H. Gear 95, and Daniel Wann 76 votes; Charles Hempstead was declared elected. The aldermen elected were: First Ward, Henry J. Morrison; Second Ward, R. W. Brush and Samuel S. Crowell; Third Ward, Michael Dowling and Elijah Charles. In the First Ward T. B. Farnsworth and J. G. Potts each had 72 votes, consequently neither was elected, and a special election was ordered in that ward on the 7th day of June, to fill the vacancy.


Saturday, May 29, 1841, was fixed upon as the day on which the mayor and aldermen' elect should organize the city government; and the board of trustees of the Town of Galena, having performed its last act, ad- journed sine die.


It is worthy of note that while there were 356 votes cast for mayor at the first city election in 1841, there had been nearly 200 votes cast at the first election for town trustees in 1835, and more than 200 votes were regis- tered in Fever River precinct in 1826.


The Galena Branch of the State Bank of Illinois was established in, 1835, and in August the following officers were appointed :


President, Daniel Wann; Cashier, David Prickett (who did not ac- cept, and Wm. C. Bostwick was appointed in his place); Directors, A. G.


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HISTORY OF JO DAVIESS COUNTY.


S. Wight, M. C. Comstock, J. Morrison, Geo. W. Campbell, Thomas C. Legate, John Atchison, Charles Peck, and Patrick Gray. Although the . officers were appointed in August, the bank did not go into operation until December, as appears from the following notice printed in the Northwest- ern Gazette:


BRANCH OF THE STATE BANK OF ILLINOIS, GALENA, December 5, 1835.


1


This bank will be opened to-day for the transaction of business. Discount days, Tuesday of each week. Banking hours daily from 9 o'clock A. M. to 1 o'clock P. M. By order of the board, WM. C. BOSTWICK, Cashier.


Mr. Wann was succeeded as president by Frederick Stahl. Mr. Bost- wick was cashier until 1838, when E. W. Turner was appointed. The bank ceased active business in 1842.


The Galena Library Association was organized in 1835. The follow- ing appears in the county records of that year:


State of Illinois, Jo Daviess County :


I do hereby certify that on the tenth day of this month, being the second Tuesday of said month, a number of gentlemen of Galena (exceeding ten) assembled at the Methodist Church, a place previously agreed on, having subscribed over one hundred dollars for the purpose of a library, and organized themselves by appointing John Turney Chairman of the meeting. Whereupon it was resolved that the name and style of said association shall be " The Galena Library Association." The meeting then proceeded to the election of five trustees for the ensuing year, when the following named gentlemen received a plurality of votes and were declared duly elected, to wit: Horatio Newhall, Jacob Wyeth, Wm. Smith, Benjamin Mills and John Turney.


Nov. 11, 1835.


(Signed) JOHN TURNEY, Chairman.


The Board of Trustees, Wm. Smith, Chairman, adopted a code of by- laws and regulations Dec. 29, 1835.


In the Summer of 1836 the first lot of books was purchased, and at the third annual meeting in November, 1838, the library contained about 825 volumes. The number of shares that had then been sold was one hun- dred and twenty-eight. The society had $240 in the treasury, had due for taxes or annual dues from members $416, and owed for books, etc., $410. Until this time the trustees had found it impossible to secure either a suit- able room or a competent person to act as librarian, but now had made arrangements to have the library kept in the reading-room of the Chamber of Commerce, and engaged Mr. P. B. Cook for librarian. At this meeting William Smith, Dr. H. Newhall, G. W. Campbell, C. S. Hempstead, John Turney, T. Drummond and Dr. J. Wyeth were elected trustees. The library was maintained for some years, but the membership was not main- tained, and at last it came into the sole possession of H. H. Houghton, Esq., by whom it was donated to the Literary Institute or Galena Seminary, and it was finally burned with the building about 1854.


Dr. Jacob Wyeth, one of the originators of the Galena Library,


. was one of the historical characters of Galena. Born in Cambridge, Mass., January 8, 1800, he graduated at Harvard College; came to Galena and commenced the practice of medicine in 1833; was connected with Dr. Colord in the drug business, and had an extensive practice. Married June, 1834, Mary C. Brady. Two children, both dead. . He died Aug. 24, 1841. Mrs. Wyeth died in Chicago July 25, 1864. " Dr. Wyeth," says his inti- mate friend, Mr. Houghton, " was a character by himself. He was the soul of principle and integrity, and was as courageous as he was honest. There was not a mean or unmanly flaw in his composition. His clearness of


HISTORY OF JO DAVIESS COUNTY. . 477


thought and independent decision of character made him a leading man in the community. The history of Galena would not be perfect with his name omitted."


Francis Bouthillier, one of the earliest habitues of Galena, when it was only an Indian trading post, died in the Summer of 1835. The corner-stone of the Catholic Church was laid Sept. 12, 1835.


J. D. Carson and Jonathan Haines built a steam sleigh in the Fall of 1835, designed to run between Galena and Dubuque. It was covered, provided with doors, windows, seats, stoves, etc., and was as comfortable as the saloon of a steamboat. It was run on the ice on Fever River, but the engine, says Capt. Girdon, was too small, it had not sufficient power, and it was pronounced a failure. The Gazette of that date, however, expressed the opinion that the steam sleigh was "destined to come into general use," but that was before the day of railroads.


Dec. 28, 1835, Thomas Drummond, Samuel T. Cluff, W. H. Snyder, R. M. Briggs, W. A. Jordan, J. A. Dean, Philip P. Bradley, J. P. Hoge, W. B. Dodge, Hamilton Norton, Frederick Stahl, S. M. Bartlett and others, organized a Young Men's Society for inoral and intellectual improvement; S. M. Bartlett, Secretary.


This organization afterwards became the Galena Lyceum.


On Saturday, Feb. 13, 1836, John B. Smith, who shot and killed Woodbury Massey in Dubuque the previous year, was shot in Main Street by Henry L. Massey, who was provided with a horse by some of the citizens and left town for a few days but soon returned.


In May, 1836, Col. Henry Gratiot died in Baltimore. On the 14th the citizens of Galena held a meeting to express their respect for the deceased. Dr. A. T. Crow was Chairman, and Joseph P. Hoge Secretary of the meeting, John Turney, D. B. Morehouse and Daniel Wann, commit- tee to prepare resolutions.


In June, 1836, Capt. G. W. Girdon, of the steamer Heroine, ran his boat up the now insignificant creek called Meeker's branch, to Gear's furnace, and took on lead. The creek was then, in ordinary stages of water, eight or ten feet deep at the mouth. The slow but continuous process of filling up Fever River that has been in operation, certainly since the occupa- tion of the country by the whites, is worthy of note. There is but slight current in the river; it is really little more than a bayou or slough of the Mississippi rising and falling with that. Consequently when the storms of Spring and Fall wash large quantities of earth into the river where it is held in suspension, before the water reaches the Mississippi the suspended substances settle to the bottom and remain. In a few years longer, unless the channel is dredged and the constant arrival and departure of steamboats prevent the mud from settling permanently to the bottom, Fever River will become simply a ravine, with perhaps a little creek, like Meeker's branch, running through it.


N. A. Drummond and G. W. Fuller patented an "Improved Air Furnace " for smelting lead in August, 1837. This furnace, known as the " Drummond," was an improvement on the "Cupola," and superseded it in a great measure.


The Galena Temperance Society was organized on Monday evening, January 22, 1838, at a large meeting at Dowling's new building, of which Dr. H. Newhall was Chairman, and H. H. Houghton Secretary. A consti- tution was adopted on the total abstinence platform, and the following


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HISTORY OF JO DAVIESS COUNTY.


officers elected, viz .: Charles S. Hempstead, President; Wm. C. Bostwick, A. G. S. Wight, Geo. W. Harrison, George Ferguson, S. M. Jackson, Vice Presidents. John Stark, Secretary; Geo. W. Fuller, Frederick Stahl, James Johnson, Nelson Stillman, D. Campbell, Executive Committee.


The Galena Chamber of Commerce was organized at a meeting of the merchants on the 2d day of February, 1838, when the following officers were elected, viz .: President, Daniel Wann; Vice President, Samuel McLean; Treasurer, Geo. W. Campbell; Secretary, Thomas Melville; Com- mittee of Appeals, D. B. Morehouse, H. H. Gear, John Atchison, G. W. Fuller, John Campbell, and W. C. Bostwick. The next year, 1839, the fol- lowing were elected: Dr. H. Newhall, President; R. W. Carson, Vice Presi- dent; G. W. Fuller. Treasurer; Frederick Stahl, Secretary; Committee of Appeals, G. W. Campbell, J. Atchison, R. W. Brush, H. H. Gear, H. W. Morrison, F. B. Farnsworth. In 1840 R. W. Brush was President; H. H. Gear, Vice President, and Thomas Melville, Secretary.


For several years the Chamber of Commerce exercised a powerful and beneficial influence on the business interests of Galena. It liad elegantly furnished rooms on the west side of Main Street, below Green, near where Burrichter's store now stands, and had a very superior reading room attached Many important controversies were settled through its instrumentality, without recourse to the courts, and it was perhaps unfortunate that it did not become a permanent institution.


In February, 1838, the subscription books of the Galena Railroad and Transportation Company were opened, at the store of Farnsworth & Fer- guson. Geo. Ferguson, John Stark, Frederick Stahl, John Reed, Jacob Wyeth, Commissioners.


A meeting of the citizens of Galena was held at the court house March 10, 1838, to consider the expediency of introducing the common school system of education. John Turney was called to the Chair, and A. B. Campbell appointed Secretary. John Turney, Joseph P. Hoge, Capt. H. H. Gear, Maj. T. Melville, Rev. A. Kent, Rev. E. T. Gear, and John Stark were appointed a committee to consider the practicability of introducing the system in Galena.


On Saturday, April 7, 1838, a large number of mechanics assembled at John Dowling's new stone building (on Main Street) and organized the " Mechanics' Association and Galena Beneficial Society," and subsequently procured a charter from the Legislature. Its records are not accessible, and its first officers can not be given, but in April, 1839, its officers were John L. Slaymaker, President; James Johnson and M. Gorman, Vice Presidents; J. B. Spare, Secretary, and P. F. Schirmer, Treasurer.


This Association was very prosperous for ten or fifteen years; built a hall near the market house, but finally, like many other enterprises, died out, and its property was partitioned among the remaining members.


During the Winter and Spring of 1838 the Galena Lyceum was flour- ishing. R. F. Barry was the Secretary.


Two early settlers who had been prominently identified with Galena since 1825-'6, died in the Spring of 1838, viz .: Capt. M. C. Comstock, in April, and William Smith, Esq., in May. Capt. Comstock died in the South (some of his cotemporaries say Cuba) and his remains were brought to Galena for interment. His funeral was largely attended.


A public meeting was held at the court house June 4, 1839, to consider the question of erecting a hotel suitable for the wants and demands of


B. T. Porter Mg GALENA .


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HISTORY OF JO DAVIESS COUNTY.


Galena. Charles S. Hempstead presided, and Allen Tomlin was Secretary. Samuel McLean, T. C. Legate, M. F. Truett, R. W. Brush, and E. W. Tur- ner were appointed a committee to draft a plan for a joint stock company to erect a hotel, to report at a subsequent meeting. On the 8th the com- mittee reported, recommending the formation of a company with a capital of $30,000, in shares of $50 each, and Miers F. Truett, George Ferguson and R. W. Brush, Esqs., were appointed to open subscription books. A com- mittee was also appointed to ascertain what lots suitable for a site for the hotel could be obtained, and at what price. No further report appears, and the enterprise fell through, to be revived more successfully some years later.


October 31, 1838, Mr. Mckenzie and Joseph Jefferson opened a theatre in " Mr. Dowling's large room" (new stone building). Their first per- formance was "Wives as they were and Maids as they are," "Tickets $1, to be had at the bars of the Eagle Saloon and the Galena Hotel." The company was very popular and were liberally patronized during the Winter, but left and went to Chicago the next Spring. Mr. Jefferson's son, Joseph, of Rip Van Winkle fame, then a lad of ten or twelve years, was here with his father and mother during the Winter and attended school. Among the members of the company were Mr. and Mrs. Jefferson, Mr. and Mrs. Mc- Kenzie, Mrs. Ingersoll, Mr. William Warren, Mr. and Mrs. Germon and Mr. Wight. Mr. Warren, who played in Galena in 1838, is the same Wil- liam Warren who has been for so many years so popular at the Boston Mu- seum.


July 22, 1839, Capt. H. H. Gear informed the people through the Gazette that " our internal improvement system would have a tendency to fill up the river," and he lived to see the prediction fulfilled.


The Galena Colonization Society was organized Sept. 9, 1839, Presi- dent, C. S. Hempstead; Vice Presidents, Elijah Charles and H. H. Gear; Managers, Thomas Melville, James Johnson, P. F. Schirmer, T. B. Farns- worth and A. G. S. Wight; Treasurer, E. W. Turner; Secretary, Geo. W. Campbell.


A public meeting was held at the Court House pursuant to public call, signed by one hundred and eighteen citizens, on Saturday, Feb. 1, 1840, to "express an opinion in relation to the Boundary question between the State of Illinois and the Territory of Wisconsin." C. S. Hempstead was called to tlie Chair and O. S. Johnson appointed Secretary. Dr. A. T. Crow, H. H. Gear, John Atchison, T. B. Farnsworth, John Dowling, C. S. Hemp- stead and O. S. Johnson were appointed a committee to collect facts in rela- tion to the question at issue, which was the annexation of Northern Illinois to Wisconsin. Thomas Melville, Frederick Stahl and M. M. Maughs were appointed to correspond with the people in the various districts of the " Disputed Territory," and ascertain their views and feelings. A reso- lution was adopted, on motion of H. H. Gear, recommending the people in the several districts to hold meetings for the expression of their views.


A similar meeting was held at Belvidere, Boone Co., on the 11th of Feb. Hon. N. Crosby presided, and at which the meeting resolved in favor of being annexed to Wisconsin. A full report of the meeting was publislied in the Northwestern Gazette of Feb. 21, 1840. At Elkhorn precinct, Sam- ples M. Journey presided at a similar meeting on the 15th. In Deerfield precinct, Boone Co., a meeting was held at Amesville, on the 17th. Marcus White, president. At this meeting the citizens resolved " that though nomi-


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HISTORY OF JO DAVIESS COUNTY.


nally subject to the State of Illinois, we consider ourselves virtually citizens of Wisconsin." Other meetings were held in various parts of the county. On Saturday, March 7, another meeting was held at the Court House in Galena, C. S. Hempstead in the Chair. Mr. Hempstead, from the commit- tee to collect facts, made a long and exhaustive report on the subject in favor of annexation to Wisconsin. Mr. Melville, from the Corresponding Commit- tee, reported that they had heard from Boone, Mercer, Winnebago, Steplien- son, Carroll, Fulton and Whiteside Counties, favorably to the project. A series of resolutions were adopted, among which was one recommending a convention of delegates to be chosen by the people, to assemble at Rockford on the 6th day of July, and another, under which John Stark, Thomas Mel- ville, Davis Divine, A. L. Holmes, Jacob Wyeth and George W. Campbell were appointed a committee to address a circular letter to the people in all parts of the disputed territory, calling the convention. Galena sent several delegates to the convention, elected in April; among them were Charles S. Hempstead and Frederick Stahl, Esqs., Nelson Stillman, and Capt. H. H. Gear. James Craig was also a member of the convention. Brief allusion to the convention at Rockford is made in the general history (pp. 224), but it is proper to add that Josiah C. Goodliue, of Winnebago County, was its President; John Howe, and Orris Crosby, of Boone, and E. G. Nichols, of Whiteside, Vice Presidents; Hamilton Norton, of Ogle, and William E. Dunbar, Secretaries. James Craig, H. H. Gear and C. S. Hempstead were members of the Committee on Resolutions, and Hempstead, Gear, Craig, Nelson Stillman and Thomas Melville, constituted the Central Correspond- ing Committee.




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