Fulton County, Illinois - Chapter 3: Important Labors of the County Commissioners' Court, 1879

Chapter 3: Important Labors of the County Commissioners' Court

First Meeting. - The lirst meeting of the County Commissioners' Court of Fulton county was held at "the office of H. R. Colter in the town of Lewistown," on the 3d day of June, 1823. The records hold forth the "office of H. Ti. Colter" very prominently, yet we surmise this "office" of which the records speak so often was simply a portion of his cabin home. David W. Barnes, Thomas R. Co veil and Joseph Moffatt, County Commissioners, were all present. The first business transacted by the Court was the appointment of Hugh R. Colter as Clerk. The records open with the simple statement that "the Court held a special term June 3, 1823." They give us no information whatever concerning its organization, or its previous history, or of the organization of the county, but, like the Holy Scriptures, begins with unqualified statements and records its acts with the greatest simplicity. We were, however, fortunate enough to find in another old book some memorandums of the prior history of this Court, and of the official transactions of the county previous to the first meeting of the Commissioners' Court. These items, which are noted on the first four pages of the first Circuit Court records, are headed "Fulton County Clerk's Records." These were kept by Hugh R. Colter, and were written previous to his appointment as Clerk by the Commissioners, and even prior to his being qualified as Justice of the Peace. The most satisfactory solution we can give why he should thus head the records and by what authority he swore men into office and transacted other official business, was, that he was appointed by the Legislature (act of Jan. 18th, 1823, for the organization of Fulton county), as a Clerk to transact such business as was necessary to carry out the provisions of the act and complete the organization of the county. Whether this was really the case or not we cannot positively state, as we have been unable to procure a copy of the act. The record of these four pages embrace the following items :

On Feb. 11, 1823, nearly four months prior to the date of Colter being appointed Clerk of the Commissioners' Court, this certificate was recorded : "This day Ossian M. Ross personally appeared before me and took the several oaths prescribed by law to authorize him to act as Justice of the Peace in and for the county of Fulton, State of Illinois, and on the back of his commission I wrote and

On March 17 Mr. Colter recorded in this same place that he had advertised an election authorized by law for county officials, to be held at the house of Ossian M. Ross on the ]4th day of April ensuing. On that day he noted the following words : "This day I attended the election for county officers and qualified the judges who conducted the election ;" and on the same date, which was April 14, these : "Received in this office the returns of the above election, and after examining said returns I gave certificates to the following persons, to-wit : David W. Barnes, Thomas R. Covell and Joseph Moffiitt ; Coroner, William Clark ; for Sheriff, Abner Eads." He then states that John Hamlin and Samuel Fulton appeared before him and (puilified as Justices of the Peace.

On April 29 Thomas R. Covell came before him and (pialified to act as Lieutenant in the 17th Regiment of the Illinois Militia. May 12, we find this: "Ossian M. Ross, Esq., deposited in this office the following certificate for record, to-wit : Hugh R. Colter personally appeared before me and took the several oaths prescribed by law to authorize him to act as Justice of the Peace."

He next records that on May 17 he sent from his office an official certificate to the Governor, relative to the situation of our county officers, who were elected on the 14th of April at the house of (). M. Ross.

On June 3 he wrote that "Joseph Moffiitt took the oaths prescribed by law to authorize him to act as County Commissioner. David W. Barnes and Thomas R. Covell qualified April 15."

The last item on these four pages of record is a certificate filed July 9, from O. M. Ross, certifying that Hugh R. Colter appeared before him and took the oath to act as Judge of Probate.

Thus we have all the items, or record of the official acts (save the one we give below relative to locating the county-seat) prior to the first meeting of the Commissioners' Court that the officiating pioneers have left us.

Appoinfmottft bi/ the Court. - After the Court had appointed a Clerk, it recommended to the Governor that Amherst C. Ransom be appointed Justice of the Peace, vice Samuel Fulton, resigned. The next act was the appointment of John Eveland as Treasurer of the county. Then Thomas Ij. Ross was appointed Assessor. Aquila Moffiitt, John Grifiin, George Matthews, William Totten and Horace Enos were appointed Constables.

Road Precincts. - The county was then divided into road precincts, and William Eads appointed superintendent for district No, 1, which began at Ft. Clark (now Peoria) and ran northwesterly to the Mississippi river. Stephen Chase was appointed su])erintendent for district No, 2, which road ran from Ft. Clark through Lewis- town to the month of Spoon river. Amo.s Evekind was ap^jointed for district No. 3, which "hegan at Spoon-river bhiifs and continning same to base line." This wonkl run it sonth to Beardstown. "The Conrt was then declared adjourned, to meet at seven o'clock on the 4th, by O. M. Ross, an elisor, [acting sheriif] who was appointed for that purpose.

Counfy-fSeaf Loeafcd. - The Court met on the 4th and the following papers were laid before the august judges: "A return made bv the Commissioners who located the seat of justice ; and also a deed made by O. M. Ross to the county of Fulton for 13 town lots in the town of Lewistown for })ublic pur})Oses." Further on in these records we find the report for the location of the county-seat recorded, which report we give in full:

"Know all men by these presents, that we, the undersigned Commissioners, having been appointed agreeably to an act of the Legislature, approved January 2<S, LS2.'], an act forming a new county out of the attached part of the County of Pike, to be called Fulton, now know ye that, whereas we, John Totten, Stephen Chase and Hugh R. Colter, were appointed by said act Commissioners to locate the permanent seat of justice for said county, met at the house of David W. Barnes in said county on the 11th day of February, 1S23, and being duly sworn before Ossian M. Ross, Esq., a Justice of the Peace, Ave then proceeded to make inquiries and to hear proposals from inhabitants of said county; and after some time spent therein we adjourned till the 14th inst., at the house of 0. M. Ross, in said county. On the 14th we met, and after taking into consideration the duties of our office we agreed to, ancl do herel)y permanently locate the seat of justice of said county of Fulton on lot No. 214, in the town of Lewistown, being on the southwest quarter of section 22, township 5 north and range 3 east ; said town of Lewistown having been platted and surveyed by Stephen Dewey, Esq., and on the lands belonging to Ossian M. Ross, Esq., in said town aforesaid, and as a donation to said county. The said Ross has this day made to the county of Fulton a good warrantee deed in fee simple for the following town lots for ])ublic buildings, etc., to-wit : Lot No. Ki for burying yard, and lots Nos. 213, 214 and 215 for a courthouse and jail, and lots Nos. 147, 148, 149, 180, 181 and 182 for a public square, or at the disposal of the County Commissioners, for public or county purposes. In testimony whereof we have hereunto set our hands and seals this 14th dav of Februarv, 1823. .JOHN TOTTEN,

Hugh R. Colter

Tavern Licoi.scx. - The first "tavern" license was granted at this term of the C'ourt. A tavern in those days was a combination of an inn and a saloon. The proprietor, however, did not expect to derive any great revenue from the hotel, but looked to his liquors for an income. Manv of these "taverns" were the smallest of lot? cabins. Here and there all over the country, sometimes miles from any other cabin, they might be found. Some of them were indicated to be such by signs nailed to a post, tree, or to the side of the cabin. These were of the rudest make and design. Some simply had the word "entertainment" scrawled upon them, while others, more explicit, read " entertainment for man and beast." Some were still more definite and said simply " whisky and oats." The storms of a half century, the advancement of civilization, the culture of the age, have all combined to transform these rudest of signs, scribbled by an uncultured pioneer upon hewn boards, into gilded and glittering letters artistically traced upon French-plate glass.

The name by which the place was known where liquor was vended was shortly after this changed from "tavern" to ''grocery" or " groggery," and subsequently assumed the appellation of "saloon;" and finally, that coming into disrepute, many have adopted the more modern title of "sample room," "hall," "garden," etc.

The Court ordered, "that Ossian M. Ross have license to keep an inn or tavern in the house wherein he now resides, by paying the sum of SlO, in ' State paper.'" The following schedule of "tavern rates" were then established to govern him :

Ferry License. - (). ]\I. Ross was then given a license to keep a ferry across the Illinoi> at the mouth of Spoon river, the present site of Havana. He continued t<> run this ferry until his death, which occurred in 1887, and after which his sons ran it for a number of years. During the earlier years Mr. Ross would send a man down to the river every few days to carry the travelers with their saddles across the water in a canoe, swimming their horses beside it. It was generally understood among the settlers on both sides what days the ferryman would be there, and travelers always learned of the time. This was considered a splendid way to cross the river and a great accommodation to those who came to look at the country in the Military Tract.

These rates seem high, but ferry patronage was limited, for we certainly must know that the number of persons were few who desired to cross the Illinois river at any one point fifty-six years ago.

More Justices of the Peace. - The Court then recommended, as a fit and suitable person for Justice of the Peace, Mr. Wm. Eads, of Peoria, then known as Fort Clark. Further on in the records we find the trio of Commissioners ordered that John Kinzie be recommended to the Governor as a fit person for Justice of the Peace for Fulton county. This jrentleman was the well known first settler of Chicago, and at that time resided there, it then being in this county. It must be remembered that Fult(Mi county at that time spread over a vast territory, and embraced all of the northern part of the State. Yes, though unlearned in law and unacquainted with science and literature, the Commissioners held jurisdiction over a large district; and that they conducted the public affairs rightly, and built a firm and solid foundation upon which the future prosperity and greatness of this portion of our beloved State should rest, can not ])e gainsaid. This is plainly evident from the unparalleled strides made in agricultural and mechanical progress; from the hundreds of thousands of busy inhabitants now dwelling within this territory ; and from the vast stores of wealth accumulated solely from resources within it. Those great and unconcealed wonders reflect honor and credit each day upon their founders; and as days and years multiply, when the same territory over which they presided shall l)e teeming with millions of earnest and energetic people, then will great honors and more exultant praise and adoration be expressed for the brave, sturdy pioneers who explored and opened up a region so prolific, and founded a community that for genius, enterprise and wealth will in the near future out-rank many older settled countries, and indeed will vie with many kingdoms of the earth. Then these vast prairies will be cultivated as a garden. Every forest tree and woodland will be utilized, and populous cities with numerous factories and vast stores of commerce may be numbered by the score. Then will the modes of travel be superior to the remarkable railroad facilities of to-day, and transport the increased products with greater facility. Indeed, everything will then })e as different and as superior to what they are at present as the things of to-day are as compared with those of fifty years ago. Our readers may regard this as wild and unreasonable speculation, as wholly visionary; but they are only the conclusions deduced from a carefid study of history, of a comparison of what has been accomplished, with certain advantages, with the results that the superior advantages now enjoyed will as certainly accomplish.

Fin-t Court-House. - The Court then ordered "that a court-house be built, with a jail under the same roof; said buildings to be built of bricks, 26 by 34 feet, two stories high and well finished, or a hewed-log building 24x30 feet, one and a half stories high, w^ith a separate building for jail, 12x15 feet, built of hewed timber one foot square and well finished off and secure in every part. "

It was then ordered that the Court meet July 3, at the office of Hugh R. Colter, to let the above jobs. Before adjourning, however, a tax was ordered levied on personal property, household goods excepted, and on all town lots at " one-half per cent."

On July 3 Barnes and Covell met per agreement, but adjourned without transacting any business, because MoflPat was not present. They met again the following day, and again adjourned, "for good causes, till the 5th at five o'clock in the mornino:." That was an early hour for officials to assemble to transact ])ublic business. Soon, however, the Commissioners did not meet till a later and a more fashionable hour, one in keeping with the modern spirit of the age. As the customs of civilization began to make themselves felt, they adjourned to meet at nine o'clock. The honorable Commissioners would fain indulge in a second morning nap and not don the ermine till the " third hour of the day." And before this distinguished and time-honored official body was abolished ten o'clock was the hour for opening Court.

On the 5th the Court assembled and by Abner Eads, Sheriff, was declared opened. This is the first time Eads attended Court. A petition was presented by O. M. Ross, a former supervisor of roads, praying to have the privilege of returning the delinquents of his district or of giving them over to the present supervisor in district 3, " on the road leading from the village of Peoria to the mouth of the Illinois river."

. In regard to the court-house and jail it was ordered that the folloAving be a description of their size and the manner in which said buildings are to be finished :

"The size of the court-house 26x30 feet, <me and a half stones high, and built of hewn logs ; a shingle roof, the shingles three feet long and well nailed on ; the u])])er floor, if puncheons, to be hewed on both sides ; three windows below and two above, with twelve lights of glass in each window ; window shutters to each window; a brick chimney with two fire-places, one below and one above ; one pair of stairs to go up on the inside of said building, to accommodate the upper room. The above building to be raised and the roof on so that Court can be held in said house at the next term of the Circuit Court, which will be on the second Monday of October next ; and to be completed by the first day of January next. Onehalf of the money to be paid to the contractor when the house is raised and covered, and the l)alance when the house is completed.

" On motion it was ordered that the following is a description of the style in which the jail is to be finished, to- wit : All of hewed logs or timber one foot square, floors and sides ; one Avindow with good iron grates ; the roof to be the same as that of the court-house ; a arood jail-door, and evervthins; else to make it a strong, substantial jail."

The records then (piaintly proceed in the following strain : " On motion it was ordered that the above described buildings, agreeably to previous agreement, are set up and sold to the lowest l)idder. Agreeably to said order the jail was set up and offered to the public, and was finally stricken off' to Ossian M. Ross, for the sum of 8276, to be paid in State paper. The court-house was then ordered set up

Of The University Cf Illinois

Laying out Roads. - For many years the petitions for roads occupied ;-< very large proportion of the Court's time and attention, and consumed more space to record than all other proceedings. They are similar in construction, and it would be useless, and worse, to speak of them as often as they occur. At this meeting a petition was presented from sundry citizens " for a road running from the town of Lewistown through the village of Peoria in said county." The present thriving city of Peoria was only a " village," Avhile Lewistown was able to wear the more exalted name of " town." Viewers were ajjpointed, as Avas the custom, and the road viewed and thought to be of "practical utility," and was then ordered by the Court to be opened.

First Treasurer. - John Eveland, the gentleman who was appointed Treasurer at the first meeting of the Court, " neglected to appear and take his engagements in Court as the law directs." Thomas L. Ross was then appointed and qualified. Thus, John Eveland lost the honor of being the first Treasurer of this grand old county. AVhy it was that he did not qualify we know not. It is true the labors were light, and the remuneration was proportionately small; yet, probably his own business aifairs would not permit him to assume the duties of an office so responsible.

First Grand Jury. - The Sheriff was then ordered to summon persons to compose the grand jury "for the next term of the Circuit Court," which was to have been held at the court-house on the second Monday of October, 1823 ; but from the Circuit Court records it is evident that no Court was held until the following spring, when another jury was summoned, which, although composed of almost the same men, Ave give in its proper place. The following persons were chosen at this time as grand jurors: A. C. Ransom, Joseph Ogee, Elijah .Wentworth, Elijah Putnian, Benjamin Seaville, Stephen Chase, John Totten, George Brown, John Eveland, Roswell B. Fenner, Thomas L. Ross, William T. Davison, Hazael Putman, Amos Eveland, George INIattheAvs, John Woolcott, Xorman Seaville, Theodore Sergeant, David Gallintin, William Higo-ins, Isaac Swan, Peter Wood, Charles Gardner and James I^veland.

First 3farriage. - The first record of a marriage in the county, or the first license or certificate of which any record is made, is the following: "The second of July, 1823, H. R. Colter j(»ined together Thomas L. Ross and Susan Xye in the bonds of matrimony, both of lawful age, and by virtue of license from proper authority." Who the "proper authority" was Ave are unable to say, as we have on record no other e\'idence of this mari'iage than the aboA-e. The first marriage license issued, as recorded, AAas not until about a year after this.

$4 for services performed in locating the seat of justice for the county. Stephen Chase was then given a like amount. Whether John Totten, the other member of the commission, ever received any pay we do not know; and as no record is made of it, suppose he did not.

Pay for Assessing the Taxes. - The Treasurer, Thomas L. Ross, then also Assessor, was allowed the enormous amount of §16 for "taking a list of the taxable property of this county." When we consider the size of the county, which included all of the northern part of this great State, we can realize to some extent the small amount of property there was to assess and the value the honorable Court put upon Assessor Ross' labors. But Mr. Ross did not do all of the assessing, nor did §16 include total cost for assessing the entire county. Xo ; for in the same act we find that the "Treasurer was ordered to pay A. C. Ransom S4 for taking the taxable property of Chicago, in said county, and collecting the same," so soon as he, said Ransom, should ])ay the money thus collected over to the County Treasurer. Thus we see there is a small amount more to be added to the §16. The assessment of Chicago, which was then in this county, was let out to another party. But the §4 it must be remembered was Ransom's remuneration for both the assessment and collection of the taxes of that place. Now, allowing Ransom as much for collecting the taxes of Ciiicago as for assessing them, Ave have §2 for the labors of each, which, added to the §16 allowed Mr. Ross, would make §18, as the full and total amount for assessing one-third of the great State of Illinois, and, too, only a little over a half centurv atjo. This was the first assessment ever made of this territory so far as we are al)le to discover. We were enabled to go into further details in regard to this tax of Chicago, and figure the value of the property of that city at that time. Ransom never received his four dollars, nor did the county ever become the possessor of the amount of taxes collected by him. Ransom was a defaulter. He collected the money, consigned it to his own coffers, and went about his business, leaving the honorable Court to vent their indignation in passing orders for him to " hand the taxes over to the Treasurer immediately." Thus we see that the very first man in Chicago who ever handled public moneys defaulted, and many in that o-reat citv have admired Ransom's course and " gone and done likewise." Sept. 3, 1823, the Court peremptorily ordered Ransom to hand over the money, but he did not comply. Nov. 30 of the same year two citations were issued against Abner Eads and Amherst C. Ransom to ajjpear at the next term of the Court and account for taxes collected in Chicago. The pioneers were generally veiy strict in having officials gi^^e "good and sufiicient l)onds" for the faithful perfi)rnian('e of their duties and to insure the safety of })ublic funds, but it ap])ears that Ransom gave none. The Sherifi, however, was the collector of the county, and to Kim the Court looked for Ransom's default to be made good. Accordingly at the next term, liaiii^om not having pnt in an appearance, the full amount of taxes collected at Chicago was charged up to Sheriff Eads. This fell sorely upon the indignant Sheriff, and he appealed to the Court to be released. The Commissioners were at first immovable, but finally, at the June term, ]<S2o, he 'Svas given $11.42, being the amount deducted from his account as taxes collected at Chicago." The assessment was made at one-half of one per cent ; therefore, if $11.42 was this proportion of the whole value of the projjerty of Chicago, that would reach the large amount of $2,284.

First Petit .hir)/. - Let us return to the Se})tember meeting of 1823. The jail was completed and received, and Stephen Chase, Deputy Sheriff', was ordered to have the key to said jail. A traverse or petit jury was then selected for the Circuit Court which should meet the second Monday in October : Joseph Moffatt, Samuel Daugherty, John Griffin, Wm. Eads, Aquila Moffatt, James Fulton, Seth Fulton, William Clark, David D. Harkness, James .P. Harkness, Peter White, M. G. Fitch, Thomas Covell, D. W. Barnes, Wm. Smith, John Pixley, Chas. Sergeant, Reuben Eveland, A. W. Williams, Reuben Fenuer, Ossian M. Ross, John L. Bogardus, Edward Carney and Isaac Eveland.

Another Ferry. - John Griffin antl A(|uila Moffatt were granted a license to run a '' ferry across the Illinois river from and opposite the village of Peoria." The Commissioners persisted in having Peoria a "village ! "

The Couniii Divided into JMilitia Frecinct't. - Among the pioneers "training" or "muster day" was one which was looked forward to with feelings of pleasure. We give a description of drill-day in this volume, page 212. It was necessary to have a well organized militia to repel ariy invasion of the Indians, which at that time were numerous. The Commissioners' Court in its official capacity took note of this, and accordingly they ordered "that the county of Fulton and all the attached part thereof compose one battalion district, and is hereby attached to the 17th regiment of Illinois militia." The county was then divided into three company districts, and an election for the first com])any district ordered to be held at the courthouse Saturday, September 1, 1823, fi)r choosing a major. John W^oolcott, Stephen Chase and David Gallintin were a],)pointed judges. An election was ordered at the house of Joseph (Jgee " in the village of Peoria," <»n the last Saturday in September, for the same purpose. Edward Carney, Wm. Eads and Peter Wood were appointed judges. The third company district was ordered to hold a meeting at the house of John Kinzie, in Chicago, on the same day and for the purjiose of choosing a major and company officers. John Kinzie, Alex. Woolcott and John Hamlin were appointed judges.

Firf<t Marriage in Chicago. - Vrdindon the records the following : "September 4, 1823. Received in this office for record the foUoAVing certificate, to-wit :

"I hereby certify that on the second day of July last I joined together in the holy state of matrimony Alexander Woolcott and Eleanor Kinzie, both of lawful age.

These parties lived in Chicago and were the first couple ever married in that city, so far as we have any evidence. Woolcott Mas quite a prominent man in the early history of that city, and for many years what is now Xorth State street bore his name. Eleanor Kinzie, the bride, was the daughter of the famous Indian trader and first permanent settler of C'hicago. We give a cut of his dwelling in this work. John Hamlin was Justice of the Peace and lived at Peoria. It may be possible that he lived at Chicago at this time, but we find him the followinor vear as a Peoria merchant. Thus we have the simple and only official record of the first marriage solemnized in the oreat citv of Chicago.

Colter, Circuit acr/;. - November 30, 1823, H. R. Colter was given §40 as full compensation up to that date for services a.s "Deputy Clerk of the Circuit Court ten months and Clerk of the County Commissioners' Court for six months." Who it was that was Circuit Clerk we knou" not, but suppose there was none, as no mention is made of any, and all the writing in the early records was done by Colter. It is most likely that he was both Clerk and Deputy, as he held almost every official position. Again, we are at a loss to know where he served his ten months as "Deputy Clerk of the Circuit Court," unless it was at recording deeds, for up to the following spring no session of the Circuit Court had been held.

O. M. Ross, Treasurer, - Robert Grant was ap])ointcd Treasurer in December, 1823, in the absence of Thomas L. Ross, the Treasurer. He, however, came into Court Feb. 3, 1824, and "requested to have the privilege of resigning." This privilege was granted, and (). M. Ross appointed in his stead March 2, 1824.

Xew Commis>ii<)ners and a Xew Cleric. - In August, 1824, an election was held, when James Barnes, David W. Barnes and James Gardner were chosen County Commissioners. They were evidently elected on the "reform ticket," for np sooner had they received the reins of government into their hands than they issued an order decapitating Clerk Colter. The order reads as follows: "Ordered, that Hugh R. Colter be dismissed and discharged from holding the office of Clerk of this Court, for charo-ino- and taking; unlawful fees when acting as Clerk of said county." Stephen Dewey was immediately appointed to fill his place. It appears that Colter would not willingly give uj) the records at the pleasure of the Court, so the honorable body " ordered, that a writ issue from this Court, directed, to the Sheriff, requesting him to demand the records of this Court from Hugh R. Colter, late Clerk."

Fearless (Jominit^sioiiers. - During the year the Commissioners pursued the even tenor of their way, granting petitions for roads, ferries, tavern licenses and election precincts ; appointing and removing officers with an inflexibility of purpose that is really amusing. When they investigated a matter there were no ])al Hating circumstauces to screen the delinquent, but the judicial guillotine cut off official heads with a refreshing impartiality. Negligent officers feared the power of the "triple C" more than Damocles feared the hair-suspended sword. They simply and plainly said "Go," and the official hesitated not but went at once, and tliat was the end of it.

First Marria(/e License. - The first marriage license that was ever issued from this county was on New Year's day, 1825, and to Lyman Tracy. Previous to this Justices of the Peace, or other offi{aals, would perform the marriage ceremony and then send a certi{i(';Ue of the marriage to the Clerk's office to be spread upon the r;Tords.

Bounty for Wolf Scalps. - Wo.lves were abundant in that day and :vere troublesome to everybody. As a motive to induce persons to kill more of them than they were doing, the Commissioners, on March 7, 1825, offered a bounty of one dollar each £ur wolf scalps. This order was soon repealed, however, for wolf scalps came in so fist that in a short time the county would have been bankrupt, and yet we doubt if the numl)er of w(dves would have been missed.

Estraij Pen. - One of the curious provisions of the law in the times of which we are now writing was, that stock was permitted to run at large. The Supreme Court of the State reversed the commonlaw idea prevailing almost universally in regard to stock running at large. In consequence of this every man was comjudled to fence his entire farm to protect his crops from wandering herds. The decision of the Court required stock to be fenced out instead of in. It would have been much less expensive for each man to have protected himself from his own stock.

Each settler had recorded in a book ke})t by the County Clerk, certain ear-marks and brands adopted by him for marking his stock, and by which he could identify his cattle and hogs. The vast prairies were then in their native condition, free from fences, cultivation or any sort of improvements. By many they wer(> thought to be worthless for all -MMctical firming purposes, except to furnish grazing f )r stock. Horses and cattle often wandered into adjoining counties. There were, however, means l)y which such stock might be recovered. In each county-scat was an cstray pen wherein all unclaimed and unknown stock was confined. Notice was quite often published of the number, kind and marks of the stock taken u]). At the March term, 1825, an estray [)en was ordered to be built.

Bids for Assessment. - At the December term, 1826, the Clerk was ordered to give notice in three public places that " sealed proposals will be received by this Court on March 1, 1827, for taking the assessment of the taxable property of Fulton county for 1827-28."

Count If I^evenue. - The amount of the tax of the county for 1828 was only §176.68. This was not as much as it was in former years, but then Peoria, Chicago and all of the northern portion of the State were attached to this county. Peoria county was cut off from Fulton in 1825, and then that county included all north of it to the State line. Knox county, 'tis true, still remained attached to this in 1828, but that being the year the first settler located in that county it could not be expected that any revenue would be derived from there. When Knox county was formed it was attached to this for judicial purposes, and the first election held in that county was ordered bv the Commissioners' Court of this county. It constituted the entire county one election precinct, and ordered an election in 1828 for Justices of the Peace to be held at the house of Stephen Osborn. Osaorn, Stephen Gum and Nicholas Voiles were appointed judges.

A New Court-House Built. - The old log court-house soon began to need repair, and indeed some of the more aristocratic thought the county should have a new one, a building more in keeping with the wealth and progress of the county. Accordingly, in March, 1830, the Court advertised for bids both for the repair of the old log house and for the erection of a new frame building. Abraham W. Williams wanted $475 to put the old one in proper repair. John McNeil offered to build a ne\y one for $649 and the old log one. After a short canvass of the bids the contract for building a new court-house was given to McNeil. This building did service for a few years when it, too, was abandoned and the present structure erected. The old frame court-house now stands one block west of the square in a dilai)idated state. When it was erected no doubt it was one of the finest and largest public buildings in the State.

Trouble with Ojficials. - The first use that Fulton county had for a Coroner was, so far as we can find any evidence, in March, 1881, and even then it was not to hold an incjuest. Gen. Isaiah Stillman had been appointed Treasurer, and called upon the former Treasurer, John McNeil, for the moneys, books, etc., belonging to the county and in his possession. He (McNeil) reported to the Court that the Sheriff, Chas. Newcomb, Avho was also C'ollector, refused to pay over the whole amount of county taxes. It was therefoce ordered that a citation be issued directed to the Coroner, or any Constable, requiring the Sheriff to a])pear mul show cause, "if any he hath," why judgment should not be entered against him. This is the iirst mention of a Coroner in these records, and we arc unable to find who filled the position up to the year 1831, save for the first term.

31erclianfi<' License. - At the April terra, 18.'>1, a li(^ense was rc- (^uired for the selling of merchandise. Twenty dollars was charged for this license.

Paupers. - Joshua Stinson, the first ])auper, and Parmelia Fairchild, the second one, were ordered "let out to the lowest bidder by the year."

Another Jail. - Necessarily, as faithful historians, we are compelled again to mar the pleasant progress of this chapter by reference to prison bars. It seems as the county advanced in wealth and population the evil principle kept pace with it ; and, as immaculate and good as the pioneer fathers undoubtedly were, even among them there were wicked and vicious characters. The old log jail was unfit for use any longer; accordingly, in June, 1833, a new jail was ordered built on the northwest corner of the public square, on lot 215. Samuel Cozard built it for !^()74. This structure stood for many years and held ])risoners rather loosely. In April, 1845, however, it was burned down. There was a prisoner confined within it by the name of James Knott. His crime was the common one, at that time, of horse-stealing, Knott evidently concluded that he had been incarcerated long enough, and also that he would seek revenge upon the old prison for robbing him of his liberty as long as it had, and at the same time have some fun. xVccordingly, during the night and about the hour of twelve, he liberated himself, which seems not to have been an ovc-rlaborious task. He then set fire to the structure and fled. Soon the peaceful slumberers of the little village were aroused by the alarming cry of" fire." The masculine portion of the entire populace, and not a few women, rushed to the scene. Their jail was being licked up by the fire-fiend. Soon the greatest consternation prevailed. It was noised through the crowd that Knott was in the jail and would therefore perish. There was no key at hand, and as greatly as the early settlers despised horse-thieves their noble, generous hearts c(udd not see one perish in the flames without a desperate effort to rescue him. Immediately battering rams were being hurled against the heavv door by strong and resolute men. Every heart was bleeding with sympathy for poor Knott; and could he have had his trial at that time, "not guilty" would have been the speedy verdict. Soon the door gave way beneath the ponderous blows, and every eye was turned toward that spot of the burning structure, expecting to see James Knott, singed and burnt, run out; but no Knott came. Death-like silence ])revailed. A moment passed in this imj)atient waiting, when some, braver than the others, ventured into the burninu' buildino'; but James could not be found. Various rumors were then afloat about him. AViiat must have been their chagrin, when a few

Clerk's Office. - At the same time the jail Avas contracted for, a Clerk's office was ordered built. The contract was let to Ephraim Brown for 8318. It was to be l)uilt upon lot 182.

The Present Court- House. - During the latter part of 1836 and the early part of 1837, again the people began to agitate the question of building a new court-house. The county had grown rapidly, both in population and wealth. To further the plan a subscription was made by private individuals for the purpose. At the meeting of the Commissioners' Court, Friday, March 10, 1837, this resolution was passed : " The Court being satisfied that the public interest demands, and the respectability and ]:>rospcrity of the people, require, the erection of a good, substantial court-house, suital)le to accommodate the present and future ]>opulation of the county, and the sum of S2,000 having been subscribed by the citizens of Fulton county towards defraying the expense of such a building, it is therefore ordered that a court-h(juse be built on lots Xos. 181 and 214 in the town of Lewistown, and that said court-house be built of bricks, upon a suitable foundation of stone, and to be 40 by o3 feet on the ground with a projection of the roof of 12 feet, supported by four pillars of suitable material. It is further ordered that Xewton Walker, John McXeil, Erasmus D. Rice, Myron Phelps and John P. Boice be ap})ointed a committee to make a draft of the building and an estimate of the probable expense of such a building, and that they be requested to report the same to the Court to-morrow morning at ten o'clock." This committee ( and a better one could not have Ijeen selected, nor even at this day could it be excelled) reported that a building such as was desired would cost S7,ol7. Xewton AValker was then appointed agent to purchase material and make contracts for said building on behalf of the county. Xo contracts were ever let, hoAvever, hut AValker was chosen superintendent for the county, and he superintended the entire work. The total cost of the buildina; was 89,800.

It stands in the center of a small square, which is set with many large and beautiful maple and other trees. The upper room, which occupies the entire second floor, is used for Circuit Court purposes. It is reached by two flights of iron stairways, Avhich are constructed in the portico, and land together on a platform in front of the door. This portico extends across the entire east end of the building, and is supported by four large stone pillars, nine feet nine inches in circumference, and extending to the top of the building. On the first floor there is a hall-way running through the building from east to west. On either side of this are offices for the county officials. Upon the south side are the County Judge's and Sheriff's offices. Upon the opjiosite side are two offices occupied by the County Treasurer and County School Superintendent. The Circuit and County Clork.s occupy a builclino; known a? the " iire-proof/' which is located west of the main buikling within the same square. This buikling is so constructed as to insure the public records from loss by fire.

This building when erected was among; the finest and largest court-houses in the West, and for many years it stood foremost among the public buildings of Illinois, and was pointed to with pride not only by the citizens of Fulton county but by those throughout Central Illinois. It stood as a monument of the enterprise of the pioneers of this section, and was one of the grandest evidences of the prosperity of the newly settled State. It stands to-day as solid as when first built. Every stone and brick is in its place, and every timljer has stood the storms of nearly half a century unshakem Around this old building cluster pleasant recollections of the long-ago. Within its storm-beaten walls have been heard pleas as rich in eloquence as were ever presented to judge or jury. Within those old walls, made sacred by time and the memories of some of the grandest characters and most gifted men known in the history of Illinois, many a scene full of historic interest has occurred, which, could we accurately picture them, would be read more as a romance than prosaic history. What numbers of trembling and downcast prisoners have stood before the learned tribunal within the old upper room, to plead " Guilty," or "Not Guilty!" Then the long, hotly-contested trial came; witnesses examined and cross-examined ; the wrangle and wordy wars between the lawyers; the appeal to the jury and addresses, which for logic, eloquence, touching, sympathetic eloquence, have not been excelled in all the broad land. How many times have the twelve jurors, sworn to be impartial, filed into their little secret room, to consult and decide the fate of the prisoner at the bar ! Then how often have the joyous words come forth, " Not Guilty ! " But, again, how very many have stood before the Judge to hear in measured tones their sentence ! Sometimes it was thouoht Justice was outraged; that the Judge, jury and Prosecuting Attorney had prostituted their high positions, violated their sworn duty, and made easy the escape for culprits; yet, taking it all in all, the goddess of justice has shed no more tears over insults to her holy and righteous charge than she has at any other judgment-bar in the State. Law and justice have almost always been vindicated, and the oifender punished.

C/Ould these old walls speak and tell us of the eloquent andeflFective pleadings of Lincoln, Baker, Richardson, McDougal, Browning, Bushnell, Manning, Walker and others, orof the learned decisions of Douglas, A'oung, Thomas, Walker and Higbie, that they have listened to, how eagerly we would seek them ! We do not forget that at the present time justice is as swiftly vindicated as ever before; that the Fulton county Bar is at its maximum in point of legal ability. It takes the mazes of time to add the luster of fame to the labors and character of most men. That which is of the past, or of the future, we are wont to believe possesses more merit than that which we have with us. Thus it is with our leual lights of to-day.

PanneUa Fairchikl. - In June, 1838, it was "ordered, that the keeping of Parmelia Fairchikl [the second pauper] for the ensuing year be now offered by the Sheriff. Whereupon, afterwards the Sheriff reported that he had offered the keeping of said P. Fairchild and struck her off to Absalom Walters for the sum of §104, he being the lowest and best bidder and agreeing to take charge and maintain her for one year."

First Temperance Tro/7;. - It seems that even among the pioneers, almost all of whom we are led to believe used intoxicating liquors more Qr less, there were temperance advocates. Pej-haps the first temperance work ever done in the county was in 1838. The good work was then inaugurated which has since driven out every saloon from the borders of Fulton county ; has lifted many of the fallen, and saved thousands of our young men from the inevitable ruin of body and soul that rum brings to the unfortunate one who tamjjers with it.

June 7, 1838, we find this item on the records relative to the temperance labors of these noble pioneers, - pioneers both as to opening up a new and beautiful country and as to beginning to roll the temperance stone: "The petition of A. M. Culton and other citizens of Canton and Farmington and vicinity, requesting this Court to withhold licenses for the retailing of spirituous liquors, being presented in Court, and the prayer and object of the petition being fully considered and duly appreciated by the Court, it is considered by this Court that however desirable it may be to suppress and prevent the use of intoxicating liquors, yet the members of this Court are of the opinion that any respectable citizen has the right to require, and the Court is bound by the exi.-tjng laws of the State to grant, licenses to keep public houses of entertainment, or taverns, and that the object of the petitioners can only be obtained by petition to the Legislature."

A Xeic Hegime in Choosing Commissioners. - Heretofore the terms of office of all three of the Commissioners had expired at the same time; but in 1838 a new rule was adopted, in compliance with an act of the Legislature. Xow they were to be elected for three years and one retire every year, thus leaving two experienced men in office. For the first terms, however, one of them should serve only one year, another two and the third three years. On convening at the fall term of this year they drew lots to decide the term each should serve. Three ])ieces of paper, upon which Avere written "one year," "two years," "three years," respectively, were put into a hat. Hiram Wentworth drew the one-year slip, John Johnson the one indicating two years, and John Baker the one for the threevear term.

Pauperfi f>okJ. - The old custom of letting out paupers singly was abolished in March, 1843, and a somewhat diiferent mode instituted. " They were all," as the record puts it, '' sold at the door of the court-house by the Sheriif, and Emsley Wiley being the lowest bidder, they were struck oflP to him for the sum of |549." Whether the veteran pauper, Parmelia Fairchild, was among the number we know not, but presume she was, as she was bid off alone the year previous. She had been on hand for nigh unto twenty years, and had always been treated kindly by the Court. To support her had become a portion of its labor, and year after year we find she was " bid off," and the Commissioners as cheerfully paid bills for keeping her as they did their own salaries.

The following year, 1844, the records say, in referring to letting out the paupers: ''Four were absolutely sold and two conditionally." What they regarded as an "absolute sale" we do not know.

A Xeir Jail Ordered Built. - In 1846 a jail with a jailor's residence was ordered built. However, the subject was discussed some among tlie ])eople, and it was a question whether a majority of the tax-payers favored the building of a new jail. The Commissioners, wishing to comply with the wishes of the majority, ordered the question voted upon at the August election of that year. This was accordingly done, and the measure defeated, and the order repealed.

Ex-Sheriff Waggoner, when he resided where Judge S. P. Shope does at present in the city of Lewistown, which was about this time, the country to the north of his residence was thickly covered with hazel. During the trial of JS^ehemiah North up for tiie murder of Norman Beamas, he kept the prisoner at his house, there being no jail. Although it seems that he might have very easily effected his escape, yet he never attempted it. He was- admitted to bail by the Court, but never appeared for trial. He took this opportunity for making good his escape, and since has never been heard from.

The Sheriff also tells us of a little Jllnglish prisoner whom he kept at his residence for some time. During the evening the Sheriff would leave him with his wife and go down town and remain often for several hours. The prisoner was unshackled and seemingly unwatched, yet he never attempted to make his escape while in the hands of Sheriff Waggoner. He was taken to Monmouth and confined in the jail there for a time, but soon made his escape. He broke jail there and was never recaptured. He wrote Major Waggoner a letter some time afterw:trd, from New Philadelphia, ()., in which he stated that he didn't like the Monmovith jailor and didn't propose to stay there ; so left. He expressed great friendship for the Major and said he never would have attempted his escape while in his hands.

Fird Poor Farm. - June 9, 1848, we find on the records this order : " Ordered, that the Clerk of this Court enter upon the records that there is a poor-house established in this county, and it is now ready for the reception of the poor of the county." This is the lirst mention made, upon the records, of a poor farm, and they are silent as to its cost or location. It was, however, located upon the northwest quarter of sec. 25, Cass township, and the east half of the northwest quarter of see. 36. The former tract cost 81,400, the latter §25. The paupers were cared for at this ]>lace for a while, when s(^me thought it too expensive and wished to return to the old mode. This they did, but to their sorrow, for they then found the expense per pauper was almost double Avhat it had been keeping them at the poor-house.

Free Ferry. - June 5, 1846, 8100 was given Samuel Gilfry to run a free ferry for one year across Spoon river at AVaterford. Previous to this a license and a schedule of prices were given to govern the ferryman ; but the prices charged in later years were much lower than those given for Ross' ferry over the Illinois.

The Lad Meeting. - The new Constitution which went into effect in 1849, abolished this Court, but before adjourning the Court ordered a vote taken for or against township orgauiziitiou at the next election. On Oct. 11 the County Commissioners' Court performed its last official duties. Their last act was to allow Myron Phelps §1,888 for goods furnished the county. The Court then adjourned till "court in course," but never re-assembled.