The history of Adams 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; general and local statistics, portraits of early settlers and prominent men, Part 58

Author:
Publication date: 1879
Publisher: Chicago : Murray, Williamson & Phelps
Number of Pages: 1254

USA > Illinois > Adams County > The history of Adams 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; general and local statistics, portraits of early settlers and prominent men > Part 58

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HISTORY OF ADAMS COUNTY.

ceive the visits of the theatrical or minstrel troop, they contrived to break the monotony of their daily life. Among the more general forms of amuse- ment were the " quilting bee," the " corn-husking," or " corn-shucking," and the "apple-paring." The "quilting-bee," as the name would indicate was where the industrious qualities of the busy little insect that "improves each shining hour " was exemplified in making quilts for the household in which the " bee " was held. In the afternoon the ladies for miles around gathered at the appointed place, and while their tongues would not cease to play, their hands were kept busy in making the quilt. A great desire was always felt by all present to complete the work as soon as possible, for then the real fun began. In the evening the gentlemen came, and their arrival was the notice to commence some boisterous yet innocent game in which all joined. 'The dance also constituted a part of the evening's amuse- ment.

"Corn husking" was where both sexes joined in the husking. They assembled in a large barn which was prepared for the occasion, and when each gentleman had selected a lady partner the husking began. When a lady found a red ear she was entitled to a kiss from each gentleman; if a gentleman found one he was allowed to kiss every lady present. This fea- ture of the programme was a source of unlimited fun and frolic. After the corn had been husked, the floor was cleared and the old violin brought into requisition, when the merry dance followed, continuing until broad day- light in the morning.

" Apple paring " often called the young people together, on which occa- sion the apples were pared for the winter's sauce. The same concluding festivities followed the apple paring as was the case with the. "quilting bee " and " corn husking."

Hunting was a favorite amusement of the men. Game was killed as much for the pastime it afforded as to supply the wants and necessities of the families.

House-raising furnished another occasion for assemblages and enjoy- ment. Buildings were then made of such massive timbers as to require a large force of men to erect them, which was done solely by muscular power, all the appliances of modern times for such purposes being entirely ignored, if not unknown. On these occasions liquor was always free to all present. These raisings were cheerfully performed by all the neighbors, knowing the assistance would be returned should occasion require it. Log rolling was another source of profit and recreation combined. When a man had felled the timber on a considerable space of ground, it was impos- sible for him, without aid, to get the logs together so as to burn them. He therefore invited all his neighbors, who came with a good will, and brought the logs together. The work ended with a supper and a social good time.

Election day was observed as a holiday. The men came to the polls, voted, drank, wrestled, ran foot races, and otherwise enjoyed themselves.

LOST CHILDREN.

While David Campbell was away, on a trip to Kentucky on business, in the Fall of 1832, his two sons, James and his next oldest brother were sent by their mother in search of the cows, which, in those days, roamed at will over many square miles of unfenced and uncultivated lands. They were aged six and eight years respectively. They started, and while

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wandering through the thickets that skirted Little Missouri creek, became confused and lost their way. After roving about until late in the cool, frosty October night, bare-foot and thinly clad, and leaving much of the clothing with which they started among the brush and briars, they sought the most dense part of a hazel thicket, and breaking some of the boughs, stuck them in the ground to protect themselves from the wind, procured clubs with which to defend themselves from the wolves and bears, and lay down to rest, each taking turns to warm the other's feet. Their mother became alarmed, searched for them in vain, and went to Obadiah Nixe's, -who was the first settler in Clayton township,-living two miles distant, and notified his family. One of their number rode to the other neighbor, three or four miles farther away, and they united in the search for the lost boys, hallowing as they went. They found them about'four o'clock in the morning, and conveyed them to their almost distracted mother unharmed, but nearly perishing with cold.

The first mill ever constructed within the limits of the city was in 1824, when a Dr. Baker, seeing the necessity of such an invention, contrived a machine for pounding corn, the motive power being the running water of a creek on whose banks the primitive mill was erected. Placing the grain in a mortar, an industrious pestle soon reduced it to a state suited to manufacture "hoe cakes." A tragical incident connected with the his- tory of this, " the first grist mill in Quincy," should not be omitted. One night when the mill was in active operation, an unsophisticated coon, insti- gated by the gnawings of hunger, or perhaps by motives of curiosity, attempted to penetrate into its hidden recesses. The descending pestle gave him a forcible intimation that his presence was undesired, and knock- ing him into the mortar, it continued to pound him with a hearty good will until morning, by which time we may conclude that his spirit of exploration was effectually subdued. The condition of the "grist " may be more easily imagined than described.

The importance of these old settler organizations must be manifest to every one, as considered solely for their historical features. They serve to keep.alive memories of those early days in the settlement of a new coun- try, that become valuable, not alone to those interested by personal pres- ence, but to the general public, as furnishing facts that, without these associations, would remain untold and unpublished.

The lives and hardships of the pioneers are prolific sources of interest, as from their histories we glean the nobility of the human character when tested in the crucible of necessity. As a general rule these early settlers were bold, honest, hospitable, self-reliant, and industrious; in these respects, no matter from whence they came, they assimilated and became one people, united by that common interest, the building of homes and founding a new country. In their lives they exemplified "honest work for to-day; honest hope for to-morrow," and the present time illustrates the success of their undertaking. The populous country, with its improved system of mechanical implements, the school-house and the church, scat- tered over the face of the land, the railroads, connecting with their iron bands the East with the West, the thriving city and the growing town, all bear testimony to the wisdom of the early settlers who built, not alone for themselves, but for posterity. The entire Western world, and more par- ticularly the Western States, is the heritage that these daring, honest and frugal people leave as an everlasting monument to their memory.

ings

QUINCY

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CHAPTER XII.

BENCH AND BAR-JUDGES OF CIRCUIT COURT-PRIMITIVE PRACTICE-EARLY MEMBERS-LEGAL CONTESTS-BAR ASSOCIATION.

BENCH AND BAR.

The following interesting account of the judges who have presided in the Quincy Judicial District, is from the pen of Gen. John Tillson, of Quincy. To his kindness in permitting its publication in the present work, and for other material assistance in furnishing information relating to the early history of the city and county, acknowledgment is hereby made.

The Adams county bench and bar have alike sustained a proverbial prominence in the legal traditions of Illinois since the county organization, fifty years ago.

For a score or more of years subsequent to 1825 the bar stood prominent in public recognition of capacity, acquirement and success. It was the bar of the "Military Tract"-that portion of the State comprehended between the Illinois and Mississippi rivers and south of the latitude of Rock Island, which had been reserved by the general government for the soldiers of the war of 1812, and thus acquired the name of "Military Tract" or "Bounty Lands." The unavoidable issues arising from the collision between the claimants to these lands under the government patent and those under State tax title opened at once an arena for the development and display of the highest grade and need of legal talent.

Land law demands for its comprehension and practice a more profound capacity and more devoted learning than any other field of the great pro- fession. Here it was cultivated. Here leading legal intellects gathered and strove. Here and by them were the broad land questions litigated, and herefrom the great lawyers made their periodical tours throughout the " tract "-where their names were as familiar as home words-in attendance on the semi-annual circuits of the court. Their attainments, prestige and success are a fresh existing remembrance to many, especially as there are still among us a number of noted Nestors of the bar, with the proud record of between forty and fifty years of practice, and to whose names have been attached public distinctions additional to their forensic fame.

Of the bench, however, though equally entitled to remembrance, less special knowledge has been preserved. Of the eleven judges who have presided over the Adams county circuit since 1825 the writer remembers all, and has been personally acquainted with all except the first, and it is proposed to give of them a skeleton sketch, with the regret that want of space precludes a more ample delineation of their careers and characteristics.

John Yorcke Sawyer, the first circuit judge, was a native of Vermont. His name appears enrolled as a lawyer December 7, 1820. As a lawyer he must have achieved a good reputation to have secured the appointment of judge at a time when New England men were popularly at a discount in

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Illinois. On the bench he sustained an excellent reputation for integrity and ability, and was better educated than the majority of lawyers of his time. He was appointed at the session of 1824-25 and two years later was legislated out of office by the law of '26-7, which repealed the circuit court system and threw upon the supreme judges cirenit court duty.

Judge Sawyer's first court was held in July, 1825, in the 16-feet square cabin of Willard Keyes, on Front street, near the foot of Vermont ; this being selected as the only one of the three cabins then composing Quiney where there were no children. This session was but formal, and the first business term of the court was held on the 31st of October following. Judge Sawyer will be most remembered for his remarkable size. He was really a monster, weighing well up to 400 pounds. Our massive Senator Davis could have sat all day in his shade, while to balance the family sub- stance he was the proprietor of a nice little wife who had hard work to send up the scale at ninety pounds.

He was of a jolly nature, as most fat men are, and this genial trait, added to his probity and acquirements, made him popular and respected during his two years' term. His wit was proverbial. "Madam," said he to an old Quincy landlady, " ain't your cows of different colors?" "Yes," said she, "we've got 'em black, and red, and white and spotted." "I thought so," says the rognish judge, "your butter speckles that way."

After leaving the bench he resumed the practice of his profession at Vandalia, the then State capital, and died March 13, 1836, being at the time editor of the Vandalia Advocate.

He was succeeded by one of the supreme judges whose name stands recorded as the first licensed lawyer in Illinois, May 14, 1819.

Samnel D. Lockwood, who was born in central New York, came to Illi- nois in 1818 ; stopped first at Kaskaskia, and finally settled in Jacksonville, made that place his residence until after being retired from the bench in 1848, he removed to Batavia, in Kane county, where he died about six years since.

He had an excellent education, a very refined mind, studious habits, and proverbial purity of character. Lifted early in life to the supreme bench, he honored the ermine as few others have. His appearance was ap- propriate and imposing-white-haired while yet young, of gracetul form, dignified and courteous in demeanor, he was a model jurist, and if not pos- sessing the higher native intellect of some who graced the supreme bench, in the aggregate of qualification he was unexcelled. No publie man of Illi- nois has passed under a longer period of constant observation and been clothed with as much of general confidence and respect. It might be said of him, as Daniel Webster said of Chief Justice Jay, that when the spot- less ermine of the judicial robe fell on him it touched nothing less spotless than itself. Judge Lockwood's political connections were with the Whig and subsequently Republican party.

The business devolving upon the supreme judges, as they were required to do cirenit duty, had so greatly increased that in 1831 a partial reor- ganization of the system was made and a fifth judicial circuit established, comprising the military traet, to which was appointed Richard M. Young, a Kentuckian by birth, whose legal career in Illinois was almost coeval with the existence of the State. He was a gentleman of exemplary habits, re- fined and industrious tastes, possessed of strong common sense and very much personal dignity of manner, but was devoid of mental sprightliness

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or social magnetism. It is curious that with his slow, unimaginative mind and nature, seeming to border almost on dullness, he should have trodden such a prominent and successful political and public life. Men more gifted in every way than he were his associates, but they were dis- tanced when they became his rivals ; and it must be said of Judge Young that while never attaining a superior or commanding position, he sustained his public trust respectably and up to a complete publie confidence. He was a child of fortune. His service as a judge ceased in 1837, when he took his seat in the United States Senate, to which he had been elected the previous winter. Filling out his full term of six years, during which time he was appointed by Governor Carlin State Agent, and visited Europe in that capacity; at the close of the same in 1841, he was appointed to the su- preme bench; and afterward clerk of the House of Representatives in Washington ; also commissioner of the general land office. Later he en- gaged in a legal and agency business until his mind gave way, and his last days were passed in an insane asylum. His political affiliations were always with the old Jackson, afterward Democratic, party.

The seat vacated by Judge Young, in 1837, was filled by the appoint- ment of James H. Ralston, who had for several years been an active prac- ticing lawyer of Quiney, and member of the legislature in 1836 and 1837. He, like his predecessor, and indeed like most of the prominent men during the early days of Illinois, was a native of Kentucky. His charac- teristics were industry and caution. His legal acquirements were greater than his success. He was a tall, rather ungraceful man, and not attractive as a speaker. A mistaken ambition for political positions, for which he was not peculiarly fitted, drew him away from the line of professional life, wherein he was gradually attaining success. His reputation on the bench exceeded that which he had as a lawyer. He resigned in 1838, was elected State senator in 1840, ran unsuccessfully for Congress in 1841 against John T. Stuart, in the district composed of the entire portion of the State north of and including Green county, afterwards emigrated to California, and met with an unfortunate death, his remains being found in the woods, where he either suddenly died or was slain by wild beasts. He was succeeded in 1839 by Peter Lott, one of the most genial men that ever graced the Adams county bench. Judge Lott came to Illinois in 1835 from New Jer- sey, his native State, locating first at Carthage, Hancock county. A few months later he removed to Quincy, where he resided for the next sixteen or seventeen years. He was a man of more than ordinary ability and attainments, with inherent legal qualifications, but of a rather indolent and pleasure-loving nature, which detracted from his success as a lawyer. These traits did not, however, affect his value on the bench, where he made a most excellent record. In person, Judge Lott was above the medium height, powerfully built, of light complexion and hair, with a broad face singularly expressive of humor. He, like Judge Ralston, was a Whig until about 1836, when he joined the Democratic party, of which he became a prominent member. Retired from the bench in 1841 under the operation of the reorganization judiciary law, he resumed legal practice, was elected to the lower house of the Legislature in 1844, enlisted as a private in Col. Bissell's regiment of Illinois infantry on the outbreak of the Mexican war, soon after became captain, and acquired credit at the battle of Buena Vista. On his return home he was in 1848 elected circuit clerk and recorder. This office he held for four years, and shortly after the expiration of his

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term he went, to California, was there put in charge of the United States mint, and died a few years later.

The Democratic party in the legislature, dissatisfied with the complex- ion of the supreme court, which was composed of four judges, three Whigs and one Democrat, all of whom held office by a life tenancy under the con- stitution, at the session of 1840-41 reorganized the judiciary by abolishing the circuit judge system, mustering them all out and adding five judges to the supreme bench (all Democrats) and imposing circuit court duty upon the supreme judges. The appointment from this district fell upon Stephen A. Douglas, who assumed the office in 1841. Judge Douglas' his- tory is so nationally known that it is needless to take space for its repeti- tion. His career as a judge was popular and creditable. While not hav- ing been considered as ranking among the leading lawyers of the State, as he had been devoted more to political than to legal preferences, whatever defects he may have had from this inattention to the profession was more than atoned for by his acute and powerful native ability. He had several vexations local questions to determine, connected with the Mormons, and the division of Adams county, which created conflicting feeling at the time, but on which he managed to maintain general confidence. On his election to Congress in 1843, over O. H. Browning, after the ablest and most closely contested Congressional canvass ever made in the State, he was succeeded by Jesse B. Thomas, a son of the Jesse B. Thomas who was terri- torial judge of Illinois from 1809 to 1819, one of the first two United States senators, and the author of the famous "Missouri Compromise."

Judge Thomas was probably born in Indiana territory. He was a large, plethoric man, not wanting in ability-a gentleman, and well educated, dignified in his manner, and gave general satisfaction ; but his record was not one of especial mark, though creditable. He was, like his predecessor. a Democrat in politics. Transferred after a term of two years to a northern circuit, he died a few years later.

His successor in 1843 was Norman H. Purple, the most superior judge in most respects that ever ruled in this circuit, who was a striking illustra- tion of the singular fitness that some men possess for special positions. His rank as a lawyer was high, but his peculiar capacities were best exhib- ited after his accession to the bench. He was pre-eminently a jurist. Well read, possessed with a quick, clear intellect, and a cold, analytical intuition, that could not be swerved by fancy or feeling, honorable and conscientious as well as sagacions, he poised the scales of justice with an accurate hand. Prompt, precise and brief in his rulings, he held alike the confidence of the bar in professional and its attachment in social relations. He was an agreeable companion, though not disposed to accepting general acquain- tance. He was of tall and rather slender frame, with sharp but regularly cut features, and a physiognomy noticeable for the expression of intellect and reserve.

The constitution of 1848 making judges elective, and the circuits being changed at the same time, disuniting Adams and Peoria counties, Judge Purple, whose residence had been at Peoria, declined further service on the bench in this circuit, to the regret of the members of the bar, who compli- mented him with a banquet on his retiracy. He was, we think, a native of New York, and after his return to Peoria and retirement from the bench, successfully resumed practice. He died some fifteen years ago.

His successor in 1848 was William A. Minshall, of Schuyler county,

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elected as the whig candidate over William R. Aicher, of Pike county. Judge Minshall was one of the oldest lawyers in the State. of much more than average intellectual strength. He came upon the bench at a late pe- riod of life, with his fine native faculties impaired by age and early care- lessness. He had for years stood at the head of the bar in his own county, and when lifted to the bench maintained his previously acquired creditable reputation. It was his ill fortune, as it was of all the elected judge of that year, to enter upon judicial eminence attended by the rancor of politi- cal strife. Previously, under the old constitution, the judiciary had been removed from immediate connection with party politics. When, however, on the first occasion where the judicial office was made popularly elective, partisan feeling was thrown into the contest with the utmost bitterness, and . at this time, when the elective judiciary system has settled to a condition beyond the control of political interest and feeling, one can not realize the acrimony that throughout the State attached to and followed these first judicial elections.

Judge Minshall was a heavy-built man, about the medium height, with a countenance indicating solidity rather than quickness of thought. He died at Rushville about twenty years since. He was a native, we think, of Kentucky, and had resided before coming to Illinois in Ohio.

Adams and Hancock counties being created a separate circuit in 1851, Judge Minshall was succeeded by Onias C. Skinner, who for several years had been a prominent lawyer in Hancock county and equally so in Quincy, his later residence. A singular career was that of Judge Skinner. With a much more than ordinary intellect and legal aptitude, hampered by limited education, his native force of character finally lifted him above earlier de- fects to a front rank among lawyers and jurists. As a lawyer he was the most daring, speculative and successful litigant that ever practiced in the Adams county bar. No stronger or more energetic reliance in doubtful or desperate cases could be found than he. As a counselor he was not so excellent. On the bench his standing was high. Acute, courteous and proud of his position, he fully filled the requisites of his place, and it was a regret to the profession that on a vacancy occurring in the supreme court he offered as a candidate and was elected over Stephen T. Logan and Chas. H. Constable, two highly eminent lawyers-the first named especially being the Nestor of the Illinois Bar.

As before said, Judge Skinner's life was almost a romance. Hardly an occupation can be named in which he had not engaged-cabin boy on canal boat, sailor on the lakes, school teacher, farmer, preacher, finally set- tling down to his proper profession. He was a member of the House of Representatives in 184S, and also of the constitutional convention of 1870, where he occupied the position of chairman of the judiciary committee. He was born in Oneida county, New York, and died in Quincy in 1877, where he had resided and been conspicuous at the bar for nearly thirty years. Skeptical in many things, but radically set in his own views, he possessed a force, energy and sagacity of character that raised him to a singular eminence.

On his retirement from the bench in 1855, Joseph Sibley was elected to succeed, and has received four subsequent elections, being now in his twenty-fourth year of service. Of these eleven judges who have pre- sided over this circuit since 1825, Judge Sibley, the present incum- bent, is the only one living. It is only of those who have gone that we

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proposed to briefly sketch. There were giants in those days-strong men now passed away. Less learned than those who have followed them, yet in intellectual strength they were more than the peers of their successors. The founders and framers of our great commonwealth were the young, ardent, ambitious, adventurous men who lived, struggled and succeeded on their inherent resource. Scores of lawyers' libraries to-day severally . con- tain more authorities than the whole State of Illinois could show a half- century since. Hence rudimental acquirement, intuitive capacity, and the sharpened keenness resulting from mental collision and attention formed the brilliant lawyer of early days. With the varied and abstruse compli- cations of law attaching to the interests of a populous community as now, they had but little to do, but the questions that came before them were met and surmounted, and Illinois can safely and with satisfaction, sweep- ing the dust from its earlier annals and recalling the names of many now half forgotten, point to the same with pride and say, these were our State framers, our early lawyers.

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The history of Adams 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; general and local statistics, portraits of early settlers and prominent men, Part 58

Author: Publication date: 1879 Publisher: Chicago : Murray, Williamson & Phelps Number of Pages: 1254

Author:
Publication date: 1879
Publisher: Chicago : Murray, Williamson & Phelps
Number of Pages: 1254