Fulton County, Illinois - Important Labors of the Board of Supervisors, 1879

In 1847 a State election was held for members of the Constitutional Convention, which Convention prepared and submitted to the people a new constitution, which was adoj^ted by a large majority. By this constitution, in place of the Commissioners' Court a County Court was organized in each county. This Court consisted of a County Judge, and, if the Legislature saw proper to so order it, two Associate Justices. This the Legislature favorably acted upon. The last meeting of the County Commissioners' Court was held Nov, 7, 1849. After the transaction of such business as properly came before them, they adjourned until court in course, but never re-assembled.

On the 3d of December of the same year the first regular term of the County Court was held. The duties of the Court in a legislative capacity were precisely tiie same as those of the County Commissioners' Court. In addition to the legislative power the members of this Court were permitted to exercise judicial authority, having all the rights and ])rivileges of justices of the peace, together with all probate business. This Court consisted of a County Judge and two Associate Justices. The Judge and Associate Justices acted together for the transaction of all county business, but none other. The Justices had an ecjual vote with the Judge, and received the same salary while holding court, which was ^'2 per day. Two of the three constituted a quorum.

Erasmus D. Rice was chosen the first County Judge, being elected Nov. 6, 1849, - the first November election held. The first Associate Justices were Parley C. Stearns and Jesse Benton. During the existence of this Court the people were agitating the question of township organization. Many counties of the State, since the new constitution, had adopted that mode of conducting county affairs. The constitution gave counties the privilege of adopting either the County Court or the Board of Supervisors. At the fall election in 1849 a vote was taken '' for " or "against" township organization, which resulted in favor of the new measure.

The measure being carried, Hugh I^amaster, Henry Walker and John Bloomfield were appointed by the Court to divide the county into townships. This duty was performed in the early part of 1850. They divided the county into twenty-six townships, the number that still exist, but the names given to some were different from those they now bear. For instance, the present township of Putnian Avas christened Center. Banner was named Utica, and Young Hickory, Hickory.

Many citizens of the county were strongly opposed to the township system, and a petition was circulated in 1852, to call an election upon the question of repealing the township organization and taking up their old way of running the county. The question was voted upon in April of that year and defeated by 1,630 majority.

The building of a fire-proof structure for County and Circuit C^lerks' offices was agitated about the time the County Court came into power. Feb. 12, 1850, the Court appointed Henry Walker and Edwin Littlefield to make a draft for this building. It was then ordered that contracts be let for its construction. This was done March 8, 1850, and was awarded to John Tompkins.

This system of county government is so entirely different in origin and management from the old mode by County Commissioners, which had such a long and favorable run, that we deem a brief synopsis of the differences quite pertinent in this connection.

Elijah M. Haines, in his " Laws of Illinois Eelative to Townshi]) Organization," says the county system " originated with Virginia, whose early settlers soon became large landed proprietors, aristocratic in feeling, living alone in almost baronial magnificence on their own estates, and owning the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly tlistrihiited over a great area. The eounty organization, where a few influential men managed the whole business of the eommunity, retaining tlieir jilaees almost at their ]»leasnre, seareelv re:?I)onsil)le at all exeept in name, ami permitted to eonduet the county concerns as their ideas or wishes might direct, was, moreover, consonant with tlieir recolleeti<tns or traditions of the judicial and social dignities of the landed aristocracy of England, in descent fntm wiiich the Virginia gentlemen felt so much j)ri<le. In IT.'M eight counties were organi/A'd in Virginia, and the system extending throughout the State, spread in 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 countv oruanization, which was formerlv extended over the State l)y the constitution of 1818, and continued in exclusive use until the constitution of 1848. Under this system, as in other States adopting it, most local Inisiness Avas transacted by three commissioners in each county, who constituted a County Court, with (juarterly sessions. During the period ending with th.e Constitutional Convention of 1847, a large })ortion of the State had become filled up with a po]ndation of Xew England i)irth or character, daily growing more and more compact and dissatisfied with the comj)aratively arbitrary and inefficient county system." It was maintained by the people that the heavily ]Ki]iulated districts would alwavs control the election of the Commissioners to the disadvanta<re of th(> more thinly j)opulated sections, - in short, that under the system "e(jual and exact justice " to all parts of the i-ftunty could not be secured. The townshij) system had its origin in Massachusetts, and dates back to Kl.'*').

De Toc(pieville, in his work entitled "American Institutions," in speaking of our political system, very j)roperly remarks that two branches may be distinguished in the Anglo--Vmeriean family which have grown uj> witiiout entirclv commingling, - the one in the South, the other in the North. He discovers the causes whit-h led to this conditiitn of things, which are apparent to the most casual observer. "They arise," he says, " not from design, but from the force of circumstances at the betrinniu"'. The plantinir of the oriirinal colonv of \'irginia at Jainestown luid for its design the single and naked object of j>ecuniarv jirofit to the proprietors. Its mission inv<dyed no princi]>le for the benefit of mankind. It recognized the crown of (ireat Britain, from whence it derived the charter of its existence, as the source of j)olitical power. There was no recognition of the jtrinciple (tf self-govennnent.

" Rut the circumstances attending the first settlement of the Col- <»nies of Xew England, so called, were of an entirely different character. The earlv colonists in this instance were non-conformists, or dissenters from the Church of P^ngland. They came as exiles, fleeing from the wrath of ecclesiastical tyranny, whose displeasure they had incurred, - cast out as public offenders, ' as profane out of the mountain of God.' Whilst the colonists of Virginia came with the law, those of New England came against the law, or perhaps, more properly speaking, without law. Thereupon arose on the part of the latter a positive necessity for the establishment of law for their mutual protection. The result was a written compact, - this being the first written constitution extant, based upon the general good. It was the first time since the 'morning stars sang together' that the people themselves met in council and framed a government based upon ctpial rights."

The supervisor is the chief officer and representative of the township, and it is his duty to prosecute and defend all suits in which the township is interested. The township clerk keeps the records of the township, and the treasurer takes charge of the funds. The establishment, vacation and repair of the public roads is conuuitted to the three commissioners of highways. The supervisor, the two justices of the peace whose terms of office soonest expire, and the township clerk constitute a township board for examining and auditing the accounts of the town.

Since 1H~() the business afliurs of the county have been under the guidance of a Board of Supervisors, at present composed of 27 members. It would be unprofitable, as unnecessary, to present in detail the numerous orders, rcj^orts, resolutions, etc., of this body. Their proceedings partake a great deal of the nature of a legislature. Among so many men there are always some cool business lieads, as well as a good many glib tongues. Some of them are practical, industrious workers, others are of the buncombe order, always ready to make a s])eech or a volumiiu)us report. This has always been the case with such assemblies, and we suppose always will be.

June 10, 1850, the Board of Su[icrvisors of Fulton c(»unty first assembled. There were present with their proper credentials the following gentlemen : George Bandbrd, Jesse Smith, (Jeorgc Anderson, N. Walker, Jacob Mans, Jacob Hand, Levi II. Jiradbury, Joel Piersol, Xathaniel Veatch, J. H. Martin, John L. Jenkins, 11. L. Hyatt, A. G. Downing, Jonas llawalt, J. P. Montgomery, John Wallick, J. Farris, G. Jones, David Markley, Ira Johnson and Geo. L. Curtis. David Markley was chosen on the follow ing dav ti) preside over the assembly.

Nov. 13, 1850, Supervisor Rawalt offi'red the following resolution, which was prompted by several petitions for saloon licenses being presented: ''J!<. so/red^ That selling spirituous licpior by the small in any connnunity is productive of c\il ; aud as a l^oard of Supei'visors, acting in the (uipacity of agents fi)r the peo])le of Fulton county, should not grant license for evil to the community for the sake of county revenue, or for any other purpose." This very important ([uestion was most earnestly discussed, and finallv the resolution was defeated.

The subject of building a jail was again brought up Nov. 15, 1850, by Supervisor N. Walker. It was done in a very modest way, however, for the rebuke the old County Commissioners' Court received at the polls upon the same subject was fresh in the minds of everybody. Supervisor Walker's resolution is as follows : '' As it has been made by law the duty of the Board of Supervisors of every county in the State to provide a place for keeping in confinement persons charged with violation of the laws of the State, be it therefore resolved by the Board that in their judgment some action is necessary and right to be given to the subject of building a good, substantial jail, in respect to the wants and wishes of the people of Fulton county." A committee of three - Supervisors Walker, Rawalt and Bradbury - were appointed to investigate the matter. A remonstrance was liere presented, containing 527 names, against the county making any appropriations till a vote could be taken at the spring election. Nevertheless,* the committee reported favorably upon the subject and recommended the building of a jail, saying that "while they acknowledged the right in the fullest sense of the word for the people to direct their agents in the performance of their official duties where those duties rest by a positive rule of law on mere matters of expediency, yet your committee believe that they are bound l)y positive enactment in sec. 12, act 14, of the organization law, to build a jail when necessary ; and your committee cannot entertain a single doul)t of the necessity of a suitable jail, nor of the ability of the county to build one without an increase in the ordinary amount of tax." The contest was Ion": and hot, but the jail was ordered built. The site of the present prison was selected and a jail erected 24 feet square, at a cost of $4,214.22.

The task of keeping the poor at the county's farm seemed to be burdensome and extravagant. Accordingly, in 1851, the poor farm was ordered sold. L. F. Ross was the purchaser, at $1,425. It was soon found, however, that the expense of keeping paupers was much greater under their new mode than when they were kept at the county farm. So, in September, 1852, it was resolved to buy a farm and build a suitable house thereon for the accommodation of the county's unfortunate. In 1854 a farm was purchased within two miles of Canton, upon which the necessary buildings were erected, and since then the poor have been provided for there.

The subject of building railroads was agitated as early as 1836; but upon the explosion of the great internal-improvement system inaugurated by the State, nothing more was done in this direction for some years. During the decade between 1850 and 1860, however, railroads were projected in almost every direction. In 1853 the Board ordered a subscription of $75,000 to be made to the Mississippi & Wabash Railroad, and to the Petersburg & Springfield road. As neither of these roads, or others of the jirojected ones, were built no bonds were issued to them. In 1857, Oct. 15, $100,- 000 in bonds were issued to the J. & S. Railroad, bearing 8 per cent, interest. Aug. 10, 1858, a like amount was issued to the Peoria & Hannibal R. R., and again Oct. 15, 1859, another $100,000 in bonds were given to the same company, bearing 7 per cent, interest. These lines now constitute the Chicago, Burlington & Quincy Railroad. Thus we see the county has given $300,000 to railroad companies, which is the sum total of all subscriptions made by the county. There are many townships in the county, however, which have given largely to aid the construction of roads. The first of these bonds were redeemed in 18(30. Five of them were bought for $600 each. They fell lower the following year, and the county called in four, for which they gave $590 each. In 1862 they went still lower and live were purchased for $2,900, or $580 apiece. From that time forward our bonds advanced rapidly in value, and in 1874 were worth all their face called for. That year the county paid $3,000 for three of them, and the following year paid $20,000 for twenty. To date of Sept. 10, 1878, 210 of these bonds had been redeemed, for which the county paid $196,570. Ninety of them still remain outstanding. The present vear, however, provision is made for redeeming fifteen of these, and the remaining seventy-five were refunded for a long period with privilege of redeeming after three years.

The Board let the contract for building the present safe and commodious jail structure in February, 1867, to E. Kirkbride and Jackson Wiley for $28,300. An additional lot was purchased adjoining the one already owned by the county and upon which the old jail stood, for $350. The entire building is in height two stories, with basement. The architectural design is modern, very neat and well proportioned, presenting as light and cheerful appearance as a prison well can. The jailor's residence is constructed of red brick, and the jail part of limestone. In the Sheriffs residence are eight cheerful rooms, with closets, wardrobes and halls. In the jail part there is an eight-foot corridor extending from east to west through the entire south end of the jail. This was once used as a dining hall. Facing a small corridor on the west side of the building are eight cells, four below and four above. Three of these on each tier are about 5x8 feet in size and one 7x8 feet. Fronting east are four cells. Up-stairs on this side is the women's department, consisting of two large rooms. The jail is one of the most substantial in this part of the State.

We append here a table of the expenses of carrying on this large county for a period of six years. The Circuit Clerk, it will be observed, is of but little or no expense to the county directly. He makes his own salary from fees charged for services, and not only that, but turns over to the countv no little revenue.