USA > Illinois > Kane County > The past and present of Kane County, Illinois : containing a history of the county a directory war record of its volunteers in the late rebellion statistics history of the Northwest etc., etc > Part 23
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N. B. Spaulding was elected Sheriff, Shepherd Johnston County Commis- sioner, and Wm. C. Kimball Coroner. Franklin Precinct was set off at this election, and comprised Virgil in its territory. There were 39 votes polled, and Simeon Bean and Henry Krows were elected the first Justices, and Milton Thornton and John V. Mckinley, Constables. There were 27 Democratic and 12 Whig votes polled. In October of the same year, the people of the county chose L. Howard Probate Justice of the Peace over S. S. Jones, his competitor. St. Charles, whose citizens they both were, gave Howard a ma- jority of 61. The poll was but 530 votes. Previous to the election of August, 1842, Kendall County had been organized, the three southern towns of Kane County taken into the territory of the new county, leaving Kane County as it it is at present constituted.
253
.
HISTORY OF KANE COUNTY.
The election of August, 1843, was for Congressman and county officers. Long John Wentworth was the Democratic candidate, on his first term, and beat Giles Spring, his Whig competitor, 247 votes in Kane County. There were 1,468 votes polled, and the Abolitionists had gained a large per centage during the year, casting 175 votes. Fletcher was elected County Clerk; G. W. Gorton, Recorder ; S. S. Jones, Probate Justice ; E. R. Allen, Treasurer ; and Dr. Hale, School Commissioner, but he would not serve, and a special election was held in the Fall, and Wyatt Carr elected. Thomas E. Dodge was elected County Commissioner. Burlington took her place among her sister towns in the county at this election, and elected Ebenezer Norman and J. C. Ellithorp her first Justices.
The Presidential election of 1844 was hotly contested. The Democrats carried the day by just one vote less than a majority over Whigs and Aboli- tionists. The Democratic poll was 1,046, the Whig 748, and the Liberty vote 299. There are familiar names on the list of Electors. Govs. Wood and French, W. A. Richardson, Col. Dement, Isaac N. Arnold and Judge Purple were among the Democratic Electors, while S. Lisle Smith and J. J. Brown, the brilliant orators, Abraham Lincoln, U. F. Linder, whose names are house- hold words, were among the Whigs. Owen Lovejoy, it is needless to say, was. one of the Liberty men.
S. Lisle Smith and Lincoln were passionate admirers of Henry Clay, the candidate of the Whigs for the Presidency. Smith's eulogy on Clay at Niagara Falls, at the obsequies of the dead statesman, is said to be one of the finest productions in the way of pure eloquence of the age. Smith was quick at re- tort and repartee, and a fine speaker on the stump, and always ready to make a speech. Once, while going down the lakes, he was called on to make a speech, and as his forte was politics, and the campaign was hot, he naturally made a. partisan speech, which did not suit the Democratic part of his audience, and they gathered in the back end of the cabin of the steamer, and at last expressed their dissent to Smith's sentiments by hissing. No sooner had he heard this sign of disapproval than he stopped abruptly in his argument, and began an eloquent recital of the formation of man and his situation in Eden. With glowing and impassioned eloquence he pictured to his rapt auditors the tempta- tion and fall of man. He then drew another scene, the presentation of the Son as a sacrifice for sin, the acceptance of the offer, His life on earth, and His tragic death. "But," said the speaker, his eye kindling as he spoke, and his audience in almost breathless silence, "Death could not hold Him, the fetters of the grave were broken, the rock was rolled away, the Redeemer came forth in immortal youth and vigor, and all heaven rejoiced and all hell hissed. Re- member that, my heartics, all hell hissed." There were no further interrup- tions to that speech.
John J. Brown used to practice in our Circuit Court in early days, and as late as 1849-50. He was an able advocate, merciless in his sarcasm, and could
254
HISTORY OF KANE COUNTY.
give and take with the best at the bar or in the hustings. U. F. Linder was known by an expression that was in common use by him, as "For God's sake" Linder. He was a voluble and frothy talker.
At the election in August, 1844, N. B. Spalding was elected Sheriff; Wm. C. Kimball, County Commissioner ; Charles Metcalf, Treasurer, and N. H. Dear- born, Coroner. There were 1,641 votes polled, and the Liberty men cast 268 of them, but the Democracy had a handsome majority over both the opposing par- ties. There were some of the best men of the county candidates for office that Summer. See what an array of men are here: For Sheriff, N. B. Spalding, Gilman H. Merrill and James T. Wheeler; County Commissioner, Wm. C. Kimball, Allen P. Hubbard and Joel McKee; Wm. G. Hubbard for County Treasurer, and Clement H. Goodwin for Coroner. The candidates for Con- gress were John Wentworth, Buckner S. Morris and John H. Henderson. Long John labored faithfully for his constituents, whether of his political faith or not. Any of them was promptly attended to, to the most minute detail, from a package of seeds to a harbor appropriation. Therefore, he held his position for term after term. His accommodating ways paid him, at elections, heavy interest.
In August, 1845, Royalton (Kaneville) was set off into a separate constit- uency, and elected Milton M. Ravlin and John Bunker Justices, and R. W. Lee and Robert Carter Constables, to set the judicial life in motion. At the election there were only county officers elected, and the vote was small and scattering, the successful candidates getting but about 400 votes. Silas Rey- nolds, of Sugar Grove, was elected County Commissioner ; Alfred Churchill, School Commissioner, and James Hotchkiss, County Treasurer.
August, 1846, was a general State and Congressional election, and a full vote was polled, 1,857 votes. The Liberty men, from a so-called handful of fanatics, beneath the notice of the other two parties, had become the second in numbers. casting 533 votes for Owen Lovejoy for Congress, against the Whigs' poll of but 414, and the Democratic vote of 910. Later on, in 1848, this strength was utilized by a coalition of the Whigs and Abolitionists, that put C. B. Wells into the Circuit Clerk's office, and gave B. C. Yates the shrievalty.
The election of August, 1847, was hotly contested. Three tickets were in the field, and each drew its full party support, varied in some instances accord- ing to the popularity or unpopularity of the several candidates. For Delegates to the Convention to amend the State Constitution, there were nine good men in the field, the district of which Kane County was a part being entitled to three members. B. F. Fridley, Wm. B. Plato and Isaac G. Wilson, were the Dem- ocratic candidates and received 783, 831 and 720 votes respectively. Angustus Adams, of Elgin ; Thomas Judd, of Sugar Grove, and Alfred Churchill, were the candidates of the Whigs, and polled 1,144, 1,051 and 971 votes. respect- ively. Allen Pinkerton, Nicholas Hard and J. P. Bartlett were the Liberty men, and received 200, 315 and 318 votes respectively.
-
GENEVA.
255
HISTORY OF KANE COUNTY.
The county officers elected were Josiah L. Warner, Whig, County Com- missioner's Clerk, over A. M. Herrington, Democratic, by 35 majority ; Alex- ander V. Sill, Whig, Probate Justice, over S. S. Jones, by a majority of 199 ; Elijah H. Swartout, Recorder, over Joel McKee, Liberty, by 377, and over G. H. Merrill, Whig, by 203 majority. Thomas H. Whittemore beat his Whig competitor, Thomas H. Thompson, 95 votes, for County Commissioner, and Thomas A. Scott, Democrat, was elected County Treasurer and Assessor by a majority over James Brown, the Whig candidate, of 225. Mr. Scott, who was then and is now a worthy citizen of Geneva, says the County Commissioner re- fused to furnish him with blank books for his use in taking the assessment of the county, but made him take foolscap paper and tie the sheets together in lieu thereof. The stationery bills of a whole year then were not equal to a month now, but there was not anything like the use of it then as now. Then the vote of the county was but 2,000 and now it is three times as many.
James Carr, the Democratic candidate for County Surveyor, led all of his colleagues, he receiving 1,037 votes, to 727 for William A. Tanner and 326 for W. R. Mann. John W. Hapgood beat Thomas Judd 7 votes in the race for School Commissioner. At this election, the townships or precincts were complete as they now stand, except Geneva and Batavia were still called San- dusky Precinct, and voted at Geneva. Hampshire was set off into a separate precinct, and Deerfield (Rutland) was changed to Jackson.
In 1848, there were four general elections, the first one on March 6th, on the adoption of the new Constitution, which the Convention had framed and sub- mitted to the people for their approval, and the separate provisions to be voted on independently. The second was the regular August election of State and county officers and members of the Legislature. The third and first judicial election held in the county, for Judges and Clerks of the Supreme and Circuit Courts, m September; and the fourth and last, the Presidential election, in November.
At the constitutional election in March, there were 1,108 votes cast for the adoption, and 348 for the rejection of the new organic act. On the two-mill tax, for the support of schools, there were found 221 persons with hardihood and ignorance enough to vote no, but 1,176 saw its benefits and voted aye. The returns of Burlington did not get in in time to be canvassed. Sugar Grove, which has to-day one of the best public schools in the State, had 2 votes against the two-mill tax; Jackson (Rutland), 26; Little and Big Rock, 2; Dundee, 25; Sandusky, 42; Hampshire, 5; Royalton, 5; Fairfield, 4; Black- berry, 19; St. Charles, 20; Washington, 6; Franklin, 6; Aurora, 36; and Elgin, 25. These towns would hardly vote so to-day.
At the August election there was a coalition between the Whigs and Abolitionists, but it did not succeed in placing in office any one except B. C. Yates, and his success was attributable as much to his personal popularity as to the coalition. He had the highest vote of any candidate at the election,
C
256
HISTORY OF KANE COUNTY.
1,034. He was a Whig, but several of the Whigs voted against him out of personal friendship to Jim Hotchkiss, his competitor. Mr. Plato had the next highest vote, 979, for State Senator, against J. F. Farnsworth, who received but 393. From the vote the Abolitionists on the ticket received, it looks as though the Whigs did not fully carry out their agreement. Dr. Dyer, the candidate for Governor, received but 416 votes, and L. C. P. Freer, candi- date for Secretary of State, 414, and the balance of the State officers received the same. The candidates for Congressmen were Wentworth, J. Y. Scam- mon and Owen Lovejoy. Scammon was a Whig and received 543 votes, and Lovejoy, the Liberty candidate, got the straight Abolition vote, 418. For Assemblyman, the Whigs voted for their man, and the Abolitionists for theirs. John Scott, of Plato, and John King, of Aurora, were candidates for County Commissioner, and Scott received 897 votes to 720 for King. Seth Marvin got the regular Democratic vote for Coroner, 909, and Geo. B. Paine, of Batavia, the Whig vote. Andrew Pingree had 899 votes for County Surveyor, and Adin Mann, 679. Batavia voted separately, at this election, from Geneva, and cast 229 votes. Mr. Plato was elected Senator, and E. W. Austin and Horace W. Fay, Representatives. The district was composed of De Kalb and Kane Counties.
The new Constitution made radical changes in the government of counties, ter- minating the County Commissioners' Court in 1849, and establishing the County Court, consisting of one Judge and two Associates, after the manner of Ver- mont, which led D. W. Annis to remark that the duty of the Associate Justice was to keep the flies off the Chief Justices. New Justices of the Supreme Court were elected, and also Circuit Judges to hold the Circuit Courts, the Supreme Court Justices having formerly held the Circuit Courts, and then ยท altogether in banque they formed the Supreme Court, and decided upon the legality or illegality of their own decisions in the courts below. The duties of the Supreme Court Justices were onerous, and not very liberally compensated, $1,200 per annum being paid previous to 1848, but reduced to $1,000.
The new Constitution went into effect April 1, 1848, and the first election held under it was held September 4th, at which election Theophilus L. Dickey, a most courteous and genial gentleman of good legal standing and a Henry Clay Whig, from Kentucky, was chosen Judge of the Ninth Judicial Circuit, in which Kane County was situated. Benj. F. Fridley was his competitor. Dickey made a most excellent Judge, dispatched business rapidly, and rarely made an erroneous decision. He took but few cases under advisement, but decided them off hand, his ready memory of the law doing him efficient service in that respect. At one time during his term of office, while holding court in McHenry County, Joel H. Johnson, the Clerk of the Court, was sick, and he sent to Chas. B. Wells, then Clerk in Kane County, to act in his behalf at Woodstock. Mr. Wells responded, and in two days' time Judge Dickey called and disposed of finally, or for the term, 150 cases, and Mr. Wells himself, with-
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HISTORY OF KANE COUNTY.
out any assistance, had the record fully written up, ready for the Judge's sig- nature, on the morning of the third day, and the court adjourned.
Judge Dickey was fond of a good story (and is now, and can tell one most charmingly), and often relaxed his dignity, while on the bench, to indulge in something more than a broad grin at the sallies of wit that passed between the counselors at the bar. He had been accustomed to see something of the sports of the ring, in his residence in Kentucky, and one day, while trying a case in the first court house built in the county, on the present site of the Swedish Church in Geneva-an old frame building, standing as late as 1850-before Judge Ford, he saw through the window the long, brawny arm of one of the members of the bar of Kane County, then, as now, raised up, with a clinched brown fist at the end of it, in the act of descending upon some object. For- getting the awful presence of the court whom he was addressing, he sprang upon the table to get a better view of the owner of the fist, and shouted out as he saw it descend heavily on the sconce of a brother limb of the law, " A fight ! a fight ! by Jupiter !" and rushed out of the court room, amid the laughter of the bar. The squabble was over by the time he reached the scene of hostilities, and, coming back into court, he made a graceful apology for his impulsiveness, saying that he "never could see fight without desiring to take a hand in it himself." He took, in later years, a hand in a fight of larger dimensions, mak- ing an honorable record at the head of a regiment of cavalry in the War of the Rebellion.
Judge Caton was elected, at that same election, the Justice for the Third Division of the Supreme Court, and Lorenzo Leland, Clerk. B. C. Cook was chosen State's Attorney for the Ninth Circuit, and Charles B. Wells, Clerk of the Circuit Court and ex officio Recorder of Kane County ; Benjamin F. Hall, of Aurora, the founder of the Aurora Beacon, and subsequently lost on the Lady Elgin, on Lake Michigan, was his Democratic competitor. Mr. Wells received 693 votes and Hall, 643. The office of Recorder of Deeds did not attach to the Circuit Clerk, however, until September, 1849, when E. H. Swarthout's term of office expired.
The fee for recording then was eight cents per folio of 100 words, a regu- lar form of warranty deed costing eighty-one cents, or, as it was expressed cab- alistically on the instrument, "6-6." The forms of deeds, since then, have kept pace with the increase of fees, until both are as long as the purse. Those were the palmy days of the gray goose-quill, the sand-box, the wafer and blue foolscap ; but these things are now kept in some old smoke-browned antiquary's cabinet, having given way and made place for "Gillot's No. 404," blotting pad, mucilaged envelopes and cream-laid legal cap. Then, the clerks plodded over the miscellaneous record, taking everything in its turn, whether warranty or quit-claim, trust-deed or mortgage, articles of agreement or satisfaction piece, and spread them at length on the plain white page, numbered by the copyist as he went along. Now, the different kinds of instruments-and their name is
258
HISTORY OF KANE COUNTY.
legion-have each their separate form printed, and the blanks are filled up with neatness by the white fingers of dainty misses.
In the good old days of "Fletch " and Ford, when the jackknife and Vir- ginia plug used to pass back and forth between Clerk and Judge as the docket was being called and cases tried, the floor of the Clerk's office was diversified with lakelets and pools of the juice of the half masticated weed, and the water view embellished with islets of the refuse quids. Now, this office is carpeted with ingrain, upon which the footfalls of the houris that hold their court therein are not heard. Then, the atmosphere was thick and nauseating with the smoke from villainous pipes and more villainous tobacco ; now, the odor is of mignon- ette and jockey club. Then, it was hard to distinguish between judicial swear- ing and the non-judicial oaths that were administered. There are none now but legal oaths in those precincts sacred to the goddesses who dispense to us the luxuries of summons, subpoenas, attachments, ne-exeats, mandamuses, certioraris and fee bills.
The Presidential election of 1848 brought out the largest vote that had at that time been polled in the county, 2,858 votes being cast. Of these the Free Soil candidates, Van Buren and Adams, carried away the largest number- 1,220; Old Zach Taylor came next, and scored 855, while Cass and Butler had a moiety of 783. S. A. Hurlbut, U. F. Linder and O. H. Browning were among the Electors on the Whig ticket; S. S. Hayes, still true to his early teachings, was one of the Democratic electors, and Wm. B. Ogden, Thomas Hoyne and Jonathan Blanchard were among the Free Soilers.
The vote in the several towns was as follows:
Whig.
Dem.
Free Soil.
Geneva
60
44
46
Dundee.
74
68
131
Hampshire
56
41
. 45
Burlington
18
41
38
Batavia
53
53
73
Sugar Grove.
62
18
35
Blackberry
24
18
40
St. Charles
162
141
159
Fairfield (Campton)
21
19
50
Jackson (Rutland)
8
47
13
Jefferson ( Big Rock)
12
35
35
Franklin (Virgil)
21
23
38
Royalton (Kaneville)
24
12
18
Washington (Plato)
20
16
37
Fox River (Aurora)
100
60
240
Elgin
140
147
222
855
783
1,220
Geneva held her first separate town election this year, and elected Allen P. Hubbard Justice, and Nathan P. Herrington Constable.
In 1849, the only general election was the regular one on November 6, at which the question of township organization was submitted and adopted by a vote of 1,786 to 34, and county officers were elected as follows: Isaac G. Wilson, County Judge; Andrew J. Waldron and Marcus White, Associate Jus-
259
HISTORY OF KANE COUNTY.
tices; James Herrington, County Clerk ; Joseph Kimball, School Commissioner ; D. M. Green, County Treasurer, and Andrew Pingree, County Surveyor. There were three tickets in the field, as in 1848, but the old ship swung back to her Democratic moorings, where she remained without change until the gale of 1856, when she broke away from her fastenings and scudded into the Repub- lican harbor, from which she has not ventured at any general election since, although she has made several trial trips at off years, and has become somewhat uncertain on a simple county issue to anxious nominees of the conventions. Judge Wilson received the largest number of votes at the election of 1849, given to any candidate-1,037, being but three more than Mr. Yates received the year before, on the opposite ticket for Sheriff. A. P. Hubbard, Whig, received 724 votes, and J. F. Farnsworth 320; James Herrington received 811 votes for County Clerk, T. C. Moore 719, and Paul R. Wright, 548. Both of the latter gentlemen were subsequently elected to the office of Circuit Clerk, Mr. Wright in 1856, and Mr. Moore in 1860. Mr. Wright was an old-line Aboli- tionist, and was the first one of that original party ever elected to a county office in the county. Mr. Wright, despite the opprobrium attached to his political faith, received a handsome plurality at the election of November, 1849, in Elgin, where he resided, and was, of course, best known. In Dundee, also, he led his competitors. Mr. Moore's vote of 30 majority in Batavia, where he lived, also shows in what estimation his friends held him. Mr. Herrington also led his party ticket at his home in Geneva.
In the Spring of 1850, the first Board of Supervisors was elected, and were as follows : Aurora, Russell D. Mix ; Batavia, M. M. Mallory ; Geneva, William Cheever; St. Charles, F. H. Bowman ; Elgin, J. W. Brewster: Dun- dee, T. H. Thompsom ; Rutland, E. R. Starks ; Plato, John S. Lee ; Camp- ton, J. P. Bartlett ; Blackberry, R. W. Acers; Sugar Grove, E. D. Terry ; Big Rock, J. D. Dunning ; Kaneville, M. M. Ravlin ; Virgil, J. H. Snook ; Burlington, Cyrus Phelps ; Hampshire, Julius A. Starks.
The first meeting was held June 4, 1850, and William Cheever, of Geneva, was chosen the first Chairman. The members were not at home on the powers of the Board, but they made a bold front, and resolved they were equal to any emergency that might arise in relation to business heretofore done by the County Commissioners' Court or County Court, and voted to proceed at once to the performance of their duties, "promptly, cautiously and with the utmost economy." Then they appointed a committee to get the opinion of Judge Wil- son, of the County Court, on the power of the Board to settle with the Sheriff, who was, and had been prior to 1850, the Collector of Taxes. The committee reported, the next morning, that Judge Wilson held that the Supervisors had not power to organize until the first Monday after the general election in No- vember, 1850, and until that time the management of the fiscal concerns of the county remained with the County Court. But the members of the Board did not acquiesce in his honor's views, but went on as they had already resolved,
260
HISTORY OF KANE COUNTY.
and took measures for a settlement with the Sheriff, and allowed bills and drew jurors, and adjourned until the annual meeting, in November.
The first town meetings held in the county, in 1850, placed the county gov- ernment in the present system, the workings of which are familiar, and com- pletes the history of the organization of the civil life of the county.
The first court held in the county was a term of the Circuit Court begun on the 19th day of June, 1837. It was held by Hon. John Pearson, one of the Justices of the Supreme Court, in the log house of Mr. James Herrington, which stood by the big spring that flows out of the ledge, just under the lower terrace, in Geneva. (This old homestead served for hotel, school room, court room, church and public hall for many years.) Alonzo Huntington was State's Attorney in attendance on the court, and Allen P. Hubbard was Clerk the first day, but on the second day Mark W. Fletcher received the appointment from Judge Pearson, and took possession of the office, which he held until the elec- tion of 1848, when he was succeeded by Charles B. Wells. Selden M. Church, however, was the first appointed Clerk, but before court was held he removed to Rockford, and Mr. Hubbard received the appointment, from Judge Ford, September 21, 1836. Mr. Hubbard took his official oath before E. S. Towne, Justice of the Peace. B. F. Fridley was the Sheriff, and gave bonds in $10,000, with Joel Jenks, George W. Gorton, Nick Gray and Dr. Madden as his securi- ties. George W. Gorton was his Deputy. Asa McDole was the Coroner.
The first Grand Jury impaneled in the county was at this term, and were as follows : Isaac Wilson, Foreman; Sidney Kimball, Allen Ware, J. T. Wheeler, Wm. Van Nortwick, Samuel McCarty, Nicholas Gray, Edward Keys, James Squires, B. F. Phillips, O. W. Perkins, Ansel Kimball, Wallis Hotch- kiss, John Van Fleet, W. T. Elliott, John Ross, Friend Marks, Solomon Dun- ham, Marshall Stark, George Johnson and Lyman Barber. The grand inquest found five indictments-three for larceny and two for riot. The rioting grew out of claim fights in the southwest part of the county, and the parties indicted appeared at the second term of the Court, held in September following, and confessed that they could not deny the charges of the indictment against them, and prayed the mercy of the Court, which they received in the shape of $5.00 fine, and costs of court. This procedure on their part was a little different from "Hank " McLean's plea to the indictment found against him in the McHenry Circuit Court for malicious mischief. ' McLean had a little ranch up above Algonquin, which he had enclosed with an apology for a fence made of brush, and such material as he could get together without much effort. His neighbor kept a flock of sheep, and the fence did not prove to be much of an obstacle to their long legs, and they bothered McLean somewhat, by breaking into his garden. He chased them out several times; and at last, losing his temper, he managed to kill one of the depredators. This raised a storm; and at the next setting of the Circuit, the aggrieved neighbor went before the Grand Jury, and laid his complaint before that body, and they found an indictment.
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