USA > Illinois > Carroll County > The history of Carroll county, Illinois, containing a history of the county-its cities, towns, etc., a biographical directory war record statistics, portraits of early settlers and prominent men history of the Northwest Illinois miscellaneous matters, etc > Part 24
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YORK .- To Norman D. French belongs the honor of pioneering the settlement in this division of the county, where he made a elaim in 1835; broke up some ground in 1836; built a cabin in 1837, and raised his first erop in 1838. Mr. Armour says he had, by his early experience among the hills and mountains of Vermont, become disgusted with them, and while assisting in the United States' survey of the lands along the Mississippi, selected the site of his present home. William Dysen, Sr., and his sons, William, Jr., and Hezekiah; his son-in-law, Russell Colvin, and George Helms, a relative, came in 1836. These new settlers, because of the numer- ous gushing springs to be found there, made their claims along the bluffs. A year or two later, a man named Edgerly settled near French, and William St. Ores and Jacob Potter settled just west of the centre of town 23, range 4-probably on section 9. No other settlements are recorded until 1838, when Col. Beers Tomlinson located on the lands now occupied by his son, Beers B. Tomlinson. When Col. Tomlinson came to Carroll County to locate a new home his attention was directed to York by Samnel Preston, Sr., who says of him: "Colonel Tomlinson was a man of dignified presence,
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HISTORY OF CARROLL COUNTY.
and would at once be recognized as a man born to lead and not to follow. Yet he had none of those airs of loftiness suggestive of the great ' I' and little 'U' that characterize some men. His nature was social and jovial, and he relished a joke equal to the best in that line. His wife was a Bailey, and he was soon followed to his new home by that family and their kindred, the Balcoms. His brother, Seymour Tomlinson, and the Athertons came afterwards, but only Daniel B. Kenyon and his sons, and Joshua Bailey, came prior to 1841. Col. Tomlinson was a captain in the war of 1812, and was born almost in sight of old Fort Ticonderoga, and, no doubt had some of the Ethan Allen spirit in him." Levi Kent was York's first school teacher and taught at Bluffville.
FREEDOM .- This township has but little history that is not included in that of Cherry Grove settlement. Owen's Point, as it was called, where John C. Owen resided, was in the limits of Freedom, as were the farms of the Moffetts, Marks and Lairds. The Indians were numerous for several years after the Black Hawk War, and as late as 1835-6 a trading post was main- tained at Owen's Point, where guns, ammunition, calico, blankets, whisky, red handkerchiefs, beads, etc., were exchanged to the Indians for peltries, etc. The Indians were a source of annoyance and fear, especially to the women and children.
SALEM .- The earliest settlers of Salem, of whom any trace has been kept, were David Masters, George Swaggert, Seymour Downs, William Mackay, Duncan Mackay, and Henry Reynolds, David Masters being the first settler, having selected a claim and built a cabin, in 1837.
ROCK CREEK's first settlers were David Becker and Zachariah Kinkaid. Becker sold to Daniel Belding. Richard A. Thompson was an early settler, and the first to introduce cheese-making in the county.
LIMA .- John Chambers and Philetus Peck were the first white occu- pants of this beautiful and naturally rich and attractive section of the county. Peck came some time previous to 1840.
WOODLAND .- This is the most heavily timbered part of the county, and was first occupied by William Thompson and Moses Wooten. The IIen- dersons and Gills came in 1842 or 1843, and Uriah Green came about the same time.
These notes on the first settlements in the different parts of the county bring us back to the general history of the county, at the point from which we digressed. A first court house had been erected and was occupied by the various county officers. The first term of the Circuit Court in the new building was held in October, 1844-Judge Thomas C. Browne, presiding. The following named citizens were the
Grand Jurors .- Alvin Humphrey, Samuel Drain, David Becker, James McCourtie, James Webster, E. Longsdon, Royal Cooper, David B. Hartsough, James Burnett, Thomas B. Rhodes, Vance L. Davidson, Francis Garner, Israel Jones, John Johnson, Peter Atherton, Griffith Carr, G. W. Dwinnell, R. R. Brush, Harlan Pyle, Beers Tomlinson, William Harmon, Alexis Bristol, B. C. Baily-23.
Petit Jurors .- David L. Bowen, Nathan K. Lord, William Blundell, Anson Closson, Butler E. Marble, John P. Garr, Walton Thomas, Jared Bartholomew, Samuel McHoes, Stephen Goff, Thomas Hough, Benjamin . Church, William Owings, John Pierce, Jr., Robert Beatty, John Fosdick, Hiram McNamer, J. C. Shottenkirk, William Lowry, Cyrus Kellogg, Lyman Kent-24.
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HISTORY OF CARROLL COUNTY.
I. B. Wells, the attorney for the people, not being present, the Court appointed James M. Strade attorney for the people pro tem. There were eight criminal cases -- one for perjury, on a change of venue from Jo Daviess County; one for assault with intent to kill; one for contempt of court as a grand juror; one on forfeiture of recognizance; one for riot; one for larceny, on a change of venue from Jo Daviess; one on indietinent against a super- visor; and one on indictment for malicious mischief-shooting a mare.
It is to the credit of the people of the county that but few really bad or desperate characters ever found an abiding place in their midst. The criminal docket, as compared with other counties, shows a lower percentage of convictions than most of them-not because evil-doers have not been prosecuted, but because erimes were not committed.
In 1845, six years after the county was organized, the total amount of county tax was $935.27. The old journal of the county commissioners court, under date of Wednesday, June 3, 1846, shows that the " following settlement was made with the collector, Sumner Downing :
Cr. for amount of tax paid into treasury $841 39
delinquent list.
49 60
66 66 collector's percentage. 44 28
Total $935 27
which being the amount of receipts for county tax-list, 1845, the same were ordered canceled and satisfied."
Compared with the annual tax-lists for the last seven years, this amount of $935.27 is very insignificant, indeed. From 1870 up to and ineluding 1877, the amount of county tax is as follows: In 1870, $12,135.63; 1871, $14,332.86; 1872, $17,339.58; 1873, $15.250.50; 1874, $17,927.02; 1875, $17,542.64; 1876, $15,222.95; 1877, $17,452.88. Total, in seven years, $127,204.06.
In 1840 the population was 1,023. In 1850 it was 4,586; in 1860, 11,733; in 1870, 16,705; inerease from 1860 to 1870, 4,792, or a little over twenty-five per cent. Since the last census, in 1870, the increase, according to the best sources of information, has not been more than ten per cent.
COUNTY JAIL MATTERS.
In October, 1846, the commissioners ordered the county elerk to adver- tise for sealed proposals for building a jail, the " walls to be of stone, each two feet in thickness, and not less than one and a half feet long and one foot deep, jointed and coupled top and bottom with iron pins, three quarters inch rod; the walls to commence four feet below the surface of the earth, and to raise twelve feet above the surface; the building to be 16 by 20 feet on the outside; the first floor to be made of solid hewn timber, ten inches thiek, and to be firmly set in the outside walls, and to be covered with well- seasoned, two-inch, merehantable oak plank, jointed, the top of the floor to be two feet above the surface of the ground, and spiked to the hewn timber four inches apart. Also, a floor at the height of the top of the wall, of solid hewn timber, jutting over sufficiently to give eave, and to be covered on the inside with well-seasoned one-and-a-half-inch oak plank, and spiked the same as the lower floor," etc. The inside of the building was to be divided, according to the plans, into three apartments, or seetions, by strong, thiek oaken walls, made of seasoned two-inch oak plank, three thicknesses, firmly bolted and spiked together. The outside door was to be a heavy
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HISTORY OF CARROLL COUNTY.
oaken one, covered with sheet iron. The inner one was to be of equal thick- Bids were solicited through the adver- ness, and same kind of material." tising columns of the Jeffersonian and Gazette, of Galena, and by three written notices put up in the three most conspicuous places in the county, etc. The records, however, do not show that any bids were ever received. But this is not surprising, for it is a subject of universal regret, if not of complaint, among the people of the county, that the records in the county clerk's office were very indifferently and negligently kept until Major Hawk succeeded to the office, in December, 1865. When he came into the office many of the important papers had not been filed in regular succession, but had nearly all been tumbled into boxes, without any regard to order, and it was many months before they were resurrected from chaos and confusion and arranged in any thing like decent shape. Now, there is a place for every thing and every thing is in its place .*
Whether any bids were received for the building of a jail or not is a matter of but little consequence, since it is known that no jail, such as pro- posed in the plans quoted above, was ever built. In those days there were not many evil doers in the county, and what few there were, were of the petty order, and in cases where they were unable to give bail, they were placed in the keeping of some citizen. Sometimes a pretty hard customer would " turn up," that couldn't be trusted to the keeping of any citizen, and such characters would be taken to the jail at Galena. This practice prevailed until about 1850, when one of the lower rooms of the old court house was converted into a jail and divided off into cells, and continued to be so used until the erection of the present county buildings. That jail was none of the strongest, and when, perchance a desperate character, tramping through the country, would commit some of the higher grades of crime, and would be arrested and held to answer, he would be transferred to the jail of Jo Daviess County, to await trial at the next term of the circuit court. But with the erection of the present court house and jail-the latter being considered the strongest and best in the state-the county became thoroughly independent in this regard, and fully competent to take care of the worst of "jail birds."
TOWNSHIP ORGANIZATION.
From the organization of the county in 1839, up to November, 1849, the management of county affairs had been under the control of three county commissioners. The law under which they were elected provided that one of them should serve for one year, one for two years, and one for three years, so that one commissioner only should be elected annually. At the first session of the County Commissioners Court, terms were drawn for in the manner following: Three tickets were prepared, on one of which was written "one year," on another one "two years," and on a third one, "three years." These slips of paper were put into a hat or box, and passed to the commissioners, when each one of them would draw out a ticket. The one who drew the "one year" ticket would serve one year; the one who drew the "two year" ticket was entitled to serve two years, and the one drawing the " three year " ticket would hold his office for three years. Under this
* R. G. Bailey was Major Hawk's immediate predecessor, and had made great im- provements in the management of the records. The real fault belongs to the early county clerks, and the carelessness of county judges, prior to Judge Patch, in not enforcing order.
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HISTORY OF CARROLL COUNTY.
law there were always two members of the court familiar with the routine of business and the condition of the county.
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, which, 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 system had 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 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 shillings, and ' choose their own particular officers, as constables, 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
* 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 CARROLL COUNTY.
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 universal throughont New England, and went westward with the emigrants from New England, into New York, Ohio, and other Western States, including the northern part of Illinois.
Under these influences, the constitutional provision of 1848, and sub- seqnent law of 1849, were enacted, enabling the people of the several counties of the state to vote "for" or "against" adopting the township organization system. The question was submitted to the people at an elec- tion held on the first Tuesday after the first Monday in November, 1849, and was adopted by all of the counties north of the Illinois River, and by a number of counties sonth of it.
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 by 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 transac- tion of all county business and none other.
Tuesday, September 4, 1849, the county commissioners
Ordered, That the question of "town organization " be submitted to the voters of Car- roll County at the next general election, to be held on the first Tuesday after the first Monday in November next, and that a vote by ballot be given for or against a "town organization."
At the general election on the " first Tuesday after the first Monday in November," a majority of the votes were cast in favor of " a town organiza- tion," and in April, 1850, the township organization law went into effect.
The last meeting of the county commissioners was held on Saturday, December 1, 1849. The board at that time consisted of H. Smith, D. L. Bowen and J. Bartholomew. Their last business was the examination and allowance of sundry bills to judges, clerks of election, etc. The three last orders were in these words:
Ordered, That two dollars and fifty cents be allowed Henry Smith for one day special term.
Also, that David L. Bowen be allowed the same for the same.
Also, that Jared Bartholomew be allowed the same.
These orders were numbered respectively 1327, 1328 and 1329. The "court adjourned withont day." And thus passed away and out of practice the old system of managing county affairs.
At the election held on the "first Tuesday after the first Monday in November," 1849, under the provisions of the law creating the county court, George W. Harris was elected County Judge. Turning to the records, we find the following entry:
" MT. CARROLL, CARROLL CO., ILL., Dec. 3, 1849.
"The County Court of Carroll County, Illinois, this day convened at the court house, according to law, for the transaction of business. Present:
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HISTORY OF CARROLL COUNTY.
George W. Harris, County Court (Judge?) and Norman D. French and G. W. Knox, associate justices of the peace, when the following orders were made:
" The commission of George W. Harris, County Judge, was presented and ordered to be placed on file." This commission bore the signature of Aug. C. French, as governor, and H. S. Cooley, as secretary of state, and was dated at the City of Springfield, November 19, 1849. On the back of the commission was the prescribed oath of office, and was subscribed by Mr. Harris before Thomas T. Jacobs.
Reuben W. Brush, having been elected to the office of county clerk, at. the same election, also presented his commission as such officer from Gov. French, and was sworn into office by Leonard Goss, probate justice of the peace. His official bond in the sum of three thousand dollars, with Aaron Belding and John Irvine, Sr., as bondsmen, was also presented, approved and place on file.
The court then proceeded to business, taking up and disposing of petitions for roads, passing upon claims against the county, etc., and in a general way discharging nearly the same duties as those confided by law to the county commissioners. Among the other business transacted, R. H. Gray, John Wilson and Rollin Wheeler were appointed commissioners under the "act to provide for township organization, passed and approved February 12, 1849," to divide the county into towns or townships, and make their report according to law.
The county court remained in session two days, and then adjourned until the next term in course, which, by law, was the first Monday in March, 1850, that day being the fourth day of the month. This term the court remained in session only two days, adjourning on Wednesday, the 6th of March. During this session of the court a large number of orders were passed, sundry accounts examined and ordered to be paid, etc.
The following month-April-the first board of supervisors was elected. The first record under the new order of county management is as follows:
MOUNT CARROLL, April 8, 1850.
In pursuance of an act approved February 12, 1849, authorizing "township organiza- tion in the several countics of Illinois," the board of supervisors of Carroll County met on this day, at the court house in Mount Carroll, as provided in the second section of the six- teenth article of said act, to-wit: Jared Bartholomew, Henry L. Lowman, and Daniel P. Holt. A quorum not being present, the board adjourned, to meet on the 15th inst. (Monday), at 10 o'clock A. M.
R. W. BRUSH, Clerk.
Monday, the 15th, pursuant to adjournment, the first active session of the board was commenced. There were present Jared Bartholomew, Daniel P. Holt, Ryllin Wheeler, Sample M. Journey, George Sword, Monroe Bailey, Henry F. Lewman, John Donaldson-8.
Jared Bartholomew was chosen chairman of the board.
At this meeting of the board the following resolution was adopted:
Resolved, That a committee of three be appointed as commissioners to locate a quarter- section of land, out of the funds raised by a tax for that object on the taxable property for 1849, for the purpose of erecting a poor-house.
The chairman appointed Henry Smith, R. M. Brush and Porter Sar- gent as such committee.
Tax Levy .- Ordered by the board that a tax of four mills on the dollar's worth of tax- able property in the county be assessed, for the year 1850, for county revenue; also, that a tax of five and eight tenths mills be assessed on the same as a state tax.
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HISTORY OF CARROLL COUNTY.
At this meeting of the board of supervisors, the commissioners appointed to divide the county into towns or townships made their report, establishing the townships as follows:
Commissioners' Report Showing the Boundary Lines of the several Towns laid off in Carroll County .- We, the undersigned, commissioners appointed by the County Court of Carroll county, under and by virtue of an act of the legislature of the State of Illinois, approved February 12, 1849, entitled " An act to provide for township and county organiza- tion, under which any county may organize whenever a majority of the voters of such county, at any general election may determine," do hereby establish the following-named boundaries for the following described towns in Carroll County, laid off by us in pursuance of the act aforesaid, to-wit:
Lost Grove-W. 12 T. 25, R. 7, and, for the time being, added to T. 25, R. 6.
Cherry Grove-T. 25, R. 6, including, for the time being, the W. 12 of T. 25, R. 7.
Freedom-T. 25, R. 5.
Woodland-T. 25, R. 4.
Bush Creek-Fractional T. 25, R. 3, added to fractional T. 24, R. 3, for the time being. Portsmouth-Fractional T. 25, R. 2, for the time being, added to fractional towns 24 and 25, R. 3.
Savanna-Fractional T. 24, R. 3, including, for the time being, T. 25, ranges 2 and 3. Mount Carroll-T. 24, R. 4.
Salem-T. 24, R. 5, and, for the time being, the W. 12 of T. 24, R. 6, and the N. E. 14 of T. 23, R. 5.
Rock Creek-T. 24, R. 6, and, for the time being, the W. 12 shall be added to T. 24, R. 5; the E. 13 to T. 24, R. 7.
Lima-W. 12 T. 24, R. 7, including the E. 12 T. 24, R. 6, for the time being.
Elkhorn Grove-W. 12 of T. 23, R. 7.
Enterprise-T. 23, R. 6, and, for the time being, including the S.E. 14 T. 23, R. 5.
Harlem-T. 23, R. 4, including, for the time being, the W. 12 of T. 23, R. 5, and frac- tional T. 23, R. 3.
Bluffville-Fractional T. 23, R. 3, and, for the time being, added to T. 23, R. 4.
In witness whereof, we have hereunto set our hands and seals, this 12th day of February, A. D. 1850.
ROLLIN WHEELER, [Seal.] JOHN WILSON, R. H. GRAY,
[Seal. ] [Seal.]
Changes, etc .- Lost Grove continued a part of the town of Cherry Grove until Sept. 13, 1864, when, by the action of the board of super- visors, it was erected into the present town of Shannon, named from the village of Shannon, within its limits. Its separate life commenced April 1, 1865.
In 1855, the territory designated for the town of Rush Creek was erected into the town of Washington, including, also, the territory of Portsmouth.
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