Hancock County, Illinois - Chapter 5: Organization and First Proceedings, 1880

Chapter 5: Organization and First Proceedings

Whereas' It has been represented to me, the undersigned. Judge of the Fifth Judicial Circuit of the State of Illinois, north of the Illinois river, that the citizens of Hancock county in said State, are desirous that the same should be organized with as little delaj' as possible, and it apjiearing to my satisfaction that the said county contains three hundred and fifty inhabitants and upward ;

I do hereby, in pursuance of the powers vested in me, by virtue of the ninth and eleventh sections of the act entitled "An act forming new counties out of the counties of Pike and Fulton, and the attached parts thereof," approved 13th January, 1825, order, direct and appoint that an election be held in some convenient house in Fort Edwards, in the said county of Hancock, on the first Monday iu August next, and to continue for one day only, for the following named otBcers, to-wit: Three County Commissioners, one Sheriff, and one Coroner, to serve, when elected and qualified, in and for the said county of Plancock; and I do hereby nominate and appoint Luther Whitney, James White and George Y. Cutler Judges of said Election, whose duty it shall be to give twenty days' notice of said election, by posting up copies of this order, with such other notice of the same as they may deem necessary, in eight of the most public places in said county, distributing them as uear as practicable among the principal settlements of the county, to the end that all persons concerned may have due notice. The election to be viva voce, and conducted in all respects as near as maybe in conformity with tlie laws now in force respecting elections ; and the result thereof, when ascertained, to be fairly and legibly made out, certified, and returned to the proper department, that commissions may issue without delay, to such persons as may be entitled thereto. And lastly, it is ordered, that Circuit Courts be held in and for the said county of Hancock, on the third Mondays in June, and fourth Mondays in October, at such place as may be selected by the County Commissioners of said county, until other regulations shall be made by law, or different times shall be appointed by the Judge of said Court.

Richard M. Young

In pursuance of the foregoing order an election was held at Fort Edwards on the day named, being tlie tliird of August, with the following result:

The next day the Coiintv Commissioners elect met at the same place and organized, when the following proceedings were had, as appears upon record:

At a County Commissioners' Court held in and for said county, at a special term at Fort Edwards in said county, on the fourth day of August, iu the year of our Lord one thousand eight hundred and twenty-nine. Present, James White, George Y. Cutler, and Henry Nichols, Commissioners.

Ordered, That Wesley Williams be apiiointed Clerk of this Court, temporarily, until superseded by a permanent appointment to that office ; who thereupon came into Court, was sworn according to law, and entered upon the duties of said appointment.

Ordered, That Isaac R. Campbell be appointed Treasurer of the county, and that he give bond and security according to law, in the sum of one thousand dollars.

The Court proceeded to lay off and divide the count}- into districts for the election of Justices of the Peace and Constables, whereupon it is -

Ordered, That all that part of the county lying between the north line of Adams county, and the line dividing townships four and live north, be erected into a district, to be known and designated as district No. 1, and that elections for Justices of the Peace and Constables be held at the house of Henr)- Nichols, in said district and that Luther Whitney, Henry Nichols and John Clark, be appointed Judges of Election therein.

All that jiortion of the county lying between the south line of townships five north, and the north line of said townships, be erected into a district known and designated as district No. 2, and that elections therein be held at the house now occupied by William Vance, and that Hazen Bedell, Charles Robison, and John Waggonner, be appointed Judges of Election.

All that portion of the county lying north of the township line between townships five and six north, and the north boundary of the county, be erected into a district to be known and designated as district No. 3, and that elections be held therein at the store of Alexander White, and that Davidson Hibbard, Peter Williams and Edward White be appointed Judges of Election therem.

Ordered, Tliat the following named pereons be summoned to attend Circuit Court of this county at the October term, to serve as grand jurors, to wit:

Ordered, That tlie following named persons be summoned to attend the Circuit Court of the county, at the October term ensuing, to serve as petit jurors, viz. :

On reading and filing tlie petition of a number of the citizens of the county, recommendin.s;' John Johnson as a suitable person to fill the office of Surveyor of this county, it is -

Ordered, That until otherwise directed, the courts of this county shall be held at the house of James White, at or near the head of the Lower rapids.

Ordered, That John Tillson, Jr., be authorized and empowered to obtain from the Auditor of Public Accounts of this State, a warrant on tue treasury for the sum of §350, the amount of the revenue due this county from said State treasury for the year 1829 ; and the Auditor of Public Accounts is herebs' requested to issue his warrant accordingly.

Ordered, That the Clerk of this Court make out a certified copy of the foregoing order, and enclose it to John Tillson, Jr., at Hillsboro, Montgomery county, in this State, advising him to obtain a warrant, and forward it to Tillson & Holmes in Quincy, subject to the further order of this Court, and to advise this Court of its being so forwarded.

Ordered, That the Clerk of this Court be permitted to hold his office at or near the house of Hazen Bedell, near the foot of the lower rapids, for the present, if he chooses.

Ordered, That the Clerk of this Court be required to copy the proceedings of the court, into the records of this Court, when provided, and also to copy the order issued by the Judge of the Fifth Judicial Circuit Court north of the Illinois river, in relation to the organization of this county.

We copy the foregoing proceedings of the first Connty Comraissionei's' Court, in full, verbatim from the records. They are exceedingly interesting for many reasons: First, they supply us with the names of nearly all the resident adult citizens in August of the year it was ushered into existence as an independent corporate community. From the location of the several voting places fixed by the Court, we have evidence that the settlements were mainly on the west side, along the river from Rocky run to Spillman's Landing; none in the central portion. Three of the jury - the H-ardings - resided on the head waters of Bear creek, near the line of Adams. Fort Edwards, near the foot, and the little village of Venus at the head of the rapids, seem to have been fifty years ago the chief centers of population and business.

and Mr. White were present. A subdivision of the county for general election purposes was made, as follows: The upper district to embrace all that portion of the county lying north of a line running through the center of townships five north; place of voting, house of James White; Judges of Election, Peter Williams, Andrew Vance and James Miller. Loxver precinct^ all south of said line, with place of voting at house of Henry Nichols; Judges, John R. Wilcox, Luther Whitney and John Shewey.

At this session was presented the first petition for a ferry license. It asked that Luther Whitney and William Vance be authorized to establish a ferrj' across the Mississippi river on or opposite the southwest quarter of section IS, five north, eight west. License was ordered ou condition that they pay into the county treasury the sum of one dollar, and tlie following ferry rates were fixed h-^ the Court:

This ferry was located about two miles above the present site of Hamilton, at the place now occupied by Mr. C. F. Darnell, then the residence of the petitioners Whitney and Vance. The property passed into otlier hands, and was for many years known as the Montebello House.

At this term was also granted the first tavern license - to Alexander White, at his store in said county (head of the rapids), and that he enter into bond and pay two dollars tax on said license.

Road surveys were ordered as follows: 1. Commencing at the termination of a road heretofoi'e viewed, thence to the north line of the county; 2. Commencing where the line dividing townships six and seven nortli strikes the Mississippi river, running in an east direction through the settlement on Crooked creek to the east boundary of tlie county; and 3. Commencing at some convenient point on the last named road, and running in a direction to strike the Mississippi river near the residence of Hezekiah Spillman. Edward Wliite, Hugli Wilson and John Bi'ewer, vjewers.

This " settlement on Crooked creek " must at that date have been quite limited, as we can learn of but two resident families in that region in 1830, that of Mr. Brewer, above mentioned, and Mr. Ute Perkins, near Fountain Green.

At this term, also, the first county orders were issued, numbering one to sixteen, inclusive, for the aggregate sum of $62.50, chiefly in payment of official services.

little craft has weighed anchor and set sail on her uncertain voyage. Her principal otHcer, Clerk Williams, was a man of some previous experience; the others had seen little service of the kind. Yet they conducted the affairs of the craft reasonably well; and through all the changes and vicissitudes, the tempests and calms of half a century, she still rides the waves.

At the March term, 1830, Wesley Williams was regularly appointed Clerk, to continue ''during good behavior," and required to give bond in one thousand dollars.

In that day it was deemed expedient to fix the rates at which hotel-keepers should entertain the public; but whether for mere uniformity's sake, or because they were suspected of extortion, does not appear. Thus the County Board established the rates of fare for the guidance of the one " tavern " in the county, thus:

At the March term, 1830, the taxation of the people began ; and, whatever else may have been remitted, as time progressed, that has gone on steadily for fifty years. We quote:

Ordered, That an ad riiloremta.xhe levied on the value of the following described property, to wit : On horses, geldings, mares, mules and asses, stock in trade, wagons, carts, pleasure-carriages, clocks, watches, with their appendages, and cattle ; and the County Treasurer is ordered to assess the foregoingkinds of personal property according to their value, at the rate of one half per centum.

Ordered, That the sum of .$4.5 be appropriated for the purchase of a suitable press' books and stationery, for the use of the Clerks' offices of this county.

Bnt the Board took care that the Clerk should not run away with so large a sum of public money; for before receiving it he was required to enter into bonds with the Treasurer.

It seems there was now (June, 1830) sufficient population in the eastern portions of this county to justify two new election districts; one was established eml;)racing townships six and seven north, and ranges five and six west, called the Crooked Creek district; elections to be held at the house of Ute Perkins, with John Brewer, Thomas Brewer, and Henry Donohoe, as Judges; and another embracing townships three, four and five north, ranges five, six and seven west, to be called I3ear creek district; electiuns at the house of John Harding, witli John Harding, Robert P. Thurman and Robert Harding, Judges. The first of these included the present townships of La Harpe, Fountain Green, Pilot Grove and Durham; the other included Augusta, St. Mary's, Chili, Harmony, Bear Creek and St. Albans.

Grand Jury Petit Jury

At the September term, Mr. Campbell being about to remove from the coiintj resigned the office of Treasurer, and George Y Cutler was appointed his successor. Mr. Campbell rendered the following account in delivering up the office:

Cr. By county orders redeemed to this time, including allowance for taking lis's of taxable property for 1830, of $12.00, and the sura of $4.82J.|, commission on redeeming county orders $257,935^

The revenue due from the State for 1829, we have seen, was * ); whether its reduction to $262.50 was due to depreciation in State Bank bills, or some other cause, does not appear. The Treasurer's bill for assessing the county was $12 - cheap enough. But then he was allowed $4.82f commission, wiiicli gave him the large sum of sixteen - nearly seventeen - dollars, for his year's services. Continuing with the proceedings of the County Board: March Term, 1830 - Ordered, That Court hereafter be held at Clerk's office, head of the rapids, instead of house of James White.

Court-Seals

Were ordered as follows: Ordered, That the device of the official seal of this Court be as follows: On the circle the words " Hancock County Comrars'. Court," with the word " Illinois " through the middle, and on one side of said word engraved a plow, and on the other a steamboat; and that the following be the device of the official seal of the Circuit Court, to-wit: "Hancock Circuit Court" engraved on the circle, and in the middle the rising sun with the fifjures "1829."

Delinquent Tax List

Newspaper publishers in the county, had there been any, would not likely, as now, have cojtended for the tax lists in the primitive days. The delinquent list returned by Edson Whitney, Sheriff, to the County Commissioners' court, for the tax of 1830, amounted to the sum of four dollars and forty cents, all told!

Countt-Skat Question

The question as to where and how the county-seat shall be located, seems to have agitated the public mind soon after organization; and there seems, as in most cases of the kind, to have been two or more projects advocated - one to locate on the river at Fort Edwards, and the other at a point at or near tlie center. It has not transpired that any very considerable warmth was manifested in favor of either proposition; but the action of the County Board proves that both were considered. An etiort was made, as will appear, to secure the fort fraction for that purpose, but failed. Had it succeeded, and the county-seat located there, and maintained at that point, there can be little doubt but there would now be there, instead of a little city of 4,000 or 5,000 inhabitants, one of four times that population. At the December term, 1830, an order was passed by the Commissioners requesting Senators and Representatives in the Legislature to procure the appointment of Commissioners to locate the seat of justice for the county; and another inquiring of the General Land-office at Washington, whether Hancock county can be permitted to locate her county-seat on the fractional quarter-section on which Fort Edwards is situated. We do not tind of record any reply from tlie land department, but presume the right was denied; for under proceedings of March term, 1831, the Board took action looking to a central location. George Y. Cutler, Luther Whitney and John Johnson, being appointed a committee to ascertain the geographical center of the county, and make report of situation, etc., at next meeting of the Board.

"William Gillham and Scott Riggs, two of the Commissioners appointed to locate a permanent seat of justice, made the following report, to-wit: STATE OF ILLINOIS, ) ^j , ^ .gSS

We, the undersigned, Commissioners appointed by the General Assemhly for the purpose of locating the seat of justice in the county of Hancock, have taken a general view of said county, viewing the present population and the prospect of the future, - believe it to be just and equitable to locate said scat of justice on township live north, range six west, section nineteen, northwest quarter, and the most eligible site on that quarter, which we have shown to the County Comniissioners. And we further say that the above described spot shall be the seat of justice for said county of Hancock, and the name shall be Carthage. Given under our hand this 21st day of March, 18.33.

And so the matter was settled; and at the same session the report was ordered to be certified to the Eeffister of the General Landoffice at Quincy, and that the county of Hancock claims preemption on the northwest quarter of section nineteen, five north, range six west, - and then ordered that the County Commissioners' Court be thereafter held at Carthage, the county-seat.

Accordingly, on the 2d of April, 1S33, a special term of the Commissioners' Court was held at the new county-seat, at the house of Thomas Brewer. It had previously been held " all along shore" on the rapids, from Fort Edwards at the foot, to the house of James White at the head, with two or three intervening points about Montebello. Now it is to cease its wanderings, and remain permanently at Carthage.

Here the Board ordered that John Johnson, County Surveyor, be employed to lay ofi' the town of Carthage into lots,'to be done by May first, and that he be paid out of "the sales for his services. And also that a sale of lots, to take place on the first Monday in June, on a credit of si.x, twelve, and eighteen months, be advertised for three weeks in the Sangamo Journal.

And at another special term, held at the house of Wesley Williams, on June 3. Thomas H. Owen was appointed a Commissioner to contract for building a temporary court-house, to be comj>leted before August 25. This cabin court-liouse was built by John M. Forrest, under direction of Mr. Owen; written notices posted first at Venus and Fort Edwards. Can find no record of cost or dimensions; was probably about 1<3 by 24 feet.

The regular term of the Board was held in the court-house, Sept. 2, 1833. This court-house was a log-cabin situated south of the Square, about where the jail now stands. It was built of round, unhewed logs, with a clapboard roof, held on by poles; had a puncheon floor and slab benches for seats. Its door was in the north side, and it was adorned with at least two glass windows. On the south side was a platform raised about a foot from the floor, on which was placed a splint-bottomed chair, as a seat for his honor, while administering the law. This "court-house" was also used, hy permission of the authorities, for a school and for Sunday preaching, and for public meetings of different character. Most of the early sermons, by ministers of the various denominations, were preached in this building. Its clapboard roof was not the best protection against the weather; for in its "latter da3'S," it is ill the raemor}' of a lady who in it taught some ot the young Carthagenians "how to shoot," that in time of a hard showei", her pupils had to seek for dry places on the floor.

In this building the County Commissioners' Court held sessions, and Judges Young, Lott and lialston held their Circuit Courts from 1S33 to 1839.

As earl}' as 1836 action began to be taken towards the erection of a more commodious court-house. At the term March 10 of that year, the Board appointed a commission, consisting of Michael Rickard, Sidney H. Little, and John F. Charles, to advertise and contract for the erection of a new court-house, and authorized a premium of §25 for the best ]>lan. And at June term, 1839, the new building was finished and ffiven in charge of the Sheriff for the use of the county. Moses Stevens was contractor and builder; cost about §10,000. This building was the west portion of the court-house as it now stands.

Benjamin F. Marsh's bond as School Commissioner increased to $40,000, March. 1836; afterwards. Sept., 1838, increased to $75,000. Afterward, same term, removed from office, to which action he took an ap]ieal to tlie Circuit Court.

Sept. 6, 1837 - New official seals adopted. For the County Court: on the circle the words, " Hancock County Commissioners' Court," in the middle a spread eagle, the word " Illinois" below. Seal of Circuit Court: in the circle, the words " Hancock Circuit Court," a sheaf of wheat in the center, " Illinois " underneath.

Under date of Sept., 1838 - We notice a tavern license issued to Jesse W. Bell, at Plymouth, a business in which he has since been continuously engaged for more than forty years.

Special term, 1838 - A re-snrvey of the town of Carthage ordered; survey made bv James W. Brattle, and old one vacated by act of Legislature.

Dec. 1839 - Walter Bagby appointed School Commissioner, and declined; Malcolm McGregor appointed in his place; bond, $12,000. And at the March term, 1841, Walter Bagby appointed again, to fill vacancy occasioned by death of Mr. McGregor; bond $50,000.

This building became historic, as the place where the Mormon prophet, Josepli Smith, and his brother, Hyrum, were killed, and two of their associates wounded, on the 27th of June, 1844. It was situated northwest from the court-house about 400 3'ards, and at that time quite out of town. It was bnilt of stone, two stories high, the lower portion being occupied as a residence by the jailor, and the upper for the prisoners, to which access was iiad by steps on the south end toward the town. Windows were on the east and west sides. The building still stands, reconstructed with additions, the property and residence of ex-Treasnrer Browning.

A Relic Of Slavery

Among the many relics of the " peculiar institution " scattered all over the State of Illinois, is the following, which we copy verbatim from the records of the County Commissioners' Court, under date of Dec. 18, 1832. Tiiere may possibly be other similar entries, but, if so, we failed to observe them. Similar entries exist in Adams county, and we presume in most of the counties in the State.

Jane Buckner, a tree woman of color, produced in open Court a transcript of the record of the County Court of Nicholas county, in t'le State of Kentucky, as evidence of her freedom, and also of her children, which was read and ordered to be recorded, and is in the words and figures following, towit:

An instrument of writing from under the hand and seal of Samuel Buckner, emancipating and setting at libert3' sundry negro slaves therein mentioned, was produced in open court, and acknowledged by said Samuel Buckner, and ordered to he recorded, to wit :

"Know all men by these presents. That I, Samuel Buckner. of the county of Nicholas and commonwealth of Kentucky, for divers good causes moving me thereunto, do by these presents, and in pursuance of the Act of the General Assembly in such case made and provided, free and emancipate forever the following negro slaves, my property : - ^a»e, a negro woman about thirty years of age; Qeorge, about eight years of age; Will Ditto, about five years of age; Thornton, about three years old, and Lewis, one year and si.^ months old. All of which Iiegrne=i, f, the %w\ Samuel Buck-c, do bv these nresents as aforesaid, free and emancipate from my service, and my heirs, and all other persons whatsoever, claiming said slaves, through, by or under me, - to take etlect from the dale of these presents. As witness mj- hand and seal this 25th day of April, 1814."

And thereupon the said Samuel Buckner came into court and entered into bond in the penalty of one thousand dollars, conditioned according to law, which bond is ordered to be recorded, and is in the following words, to wit:

"Know all men by the these presents, etc., etc. See Bonds filed, marked A. Whereupon it is ordered that said negro slaves, named Jane, George, Will, Thornton and Lewis, as aforesaid, be set free, and they are hereby declared emancipated according to law."

" 1, Andrew J. Hughes, Clerk of the County Court for the county aforesaid, do certify that the foregoing copies are true transcripts of the records of said court. In testimony whereof t have hereunto set my hand and affixed the seal of said county, at Ellisville, this 13th day of August, 1814.

And so Jane Buckner, a " free woman " of Kentucky, emigrating with her four children to the free State of Illinois, as evidence that she is free, was compelled to procure and bring with her the foregoing long testimonial, and have it recorded among the archives of the county, lest the " heirs or other persons claiming them," or the authorities, under the " black laws," should sieze and remand them again to slavery.

The Circuit Couet

At a Circuit Court commenced and held in and for the county of Hancock and state of Illinois, at the house of .James White, Esq., at the head of the lower or Des Moines rapids, the place appointed by the County Commissioners' Court of said county, for holding of the Circuit Courts, this 37th day of October, A. D. 1829, the Court having been adjourned from yesterday to the hour of nine o'clock, by the SherifT of this county, in pursuance of law. Present:

Richard M. Young, Circuit Judge. Wesley AVii.liams, Clerk. Edson Whitney, Sheriff. Ordered, That the order heretofore made on the l.ith day of June, A. D. 1829, for the organization of said county of Hancock, together with the order regulate ing the times of holding the Circuit Court in said county, be spread upon the records of this Court, which said orders are in the words and figures following, to-wit: [Here follow the orders heretofore given.]

Next follow the bonds of Edson Whitney, Sherili', and Robert Wallace, Coroner elect, with oaths of office, and bond of Wesley Williams, Clerk; and a parcel of rules of practice to the number of thirty-two, - all as in the County Court records and those of the Probate Court, in the neat and plain hand-writing of Mr. Williams, the competent Clerk.

It does not appear of record that there was any Prosecuting Attorney present at this first term of Court; but at the June term following (1S30) George Logan was appointed Prosecn tor ^ro ^ewi.; and at theOctuber term ensuing, Thomas Ford, the regular Attorney for the Fifth Judicial Circuit, was present.

Prosecuting Attorneys Circuit Clerks

It will be perceived that during the fifty years since organization, his honor, Judge Siblej', held the office of Judge for nearly half the period - almost as long a time as the remaining fourteen. Of prosecutors there have been eighteen, including several pro tern. appointments - none of whom held office for a long period. Of Circuit Clerks there have been eight only: Williams, the first, holding the office by appointment for a period of about twelve years. David E. Head held it, by appointment and election, for about the same length of time. S. R. Davis and M. S. Carey each held it for a period of eight years, and A. J. Davis' term will expire at the end of another eight years' service.

The first civil cause docketed was " John R. Wilcox, assignee of Peter Kinney, Complainant, vs. Nathan Kennedy, Defendant, on appeal from Justice's Court."

The first criminal cause on docket is: " The People of the State of Illinois vs. Isaac Galland, Indictment for Peijury, from Schuyler county," which was continued and subsequently dismissed.

Histokt Of Hancock Codnty

civil causes tried in onr courts, argued by the eminent counsel practicing at onr bar; but our limits will not allow reference to them. The important murder cases and other criminal causes will be found in future chapters of this book.

The Pkobate Codet

The first Court of Probate for the county of Hancock was held on the 4tli of January, 1S30, Wesley AVilliams, Judge. At this and also at the subsequent term in February, no business was transacted. At the March term, 1S31, the estate of Major Morrill Marston was entered for probate, and John Clark and Robert R. Williams appointed administrators, witii orders to sell personal property on April IS. and rent the farm till March 1, 1832; Jacob Lewis, John Dedman, and Dempsey Hood being named as appraisers.

April 4, 1831 - The ofhcial seal was ordered: "On the outer circle the words 'Hancock Court of Probate;' the word ' Illinois' througli the middle; above it two orphans embracing each other, and underneath a loaf of bread."

June term, 1831, John E,. Wilcox, being a creditor, was appointed administrator of Morrill Marston, deceased; but at the September term following, David Marst(!>n, of Rockingham county, N. H., brother of deceased, appearing, was appointed administrator, and Wilcox removed.