Lee County, Illinois - Chapter 4: Lee County While a Part Oe Ogle, 1914

Chapter 4: Lee County While a Part Oe Ogle

After the adoption of the constitution in 1818, and tlie rapid settlement in the newer parts of tlie state, communities desired closer communication with county seats and so, early, those settlements broke away from the ]iarent count_v and set up for themselves.

When on Jan. 31, 182L Pike county was formed, Lee eoimty became a part of Pike county. Wlien on Jan. 13, 1825, Peoria broke away from Fultou, Lee l)ecame a part of Peoria coimty.

In the year 1826, voters in the northwestern part of the state became numerous enough to have appointed for them a voting precinct on Fever river, near Galena, called the Fever riA'cr precinet and on August 7, the first election was held, of which ISTehemiali Bates, Jesse W. Shull, and Andrew Clamo, sworn in before John L. Bogardus, J. P., acted as judges.

In that same year, 204 persons were listed as tax payers and a deputy from Peoria was sent iip to collect the taxes. But the citizens of that district defied the deputy and he returned home without any taxes. Such a state of anarchy could not endure for long and so Jo Daviess county was organized Feb. 2, 1827, and Lee came into that jurisdiction. The process was slow, but nevertheless, certain.

Then in the year 1836, Ogle was organized and our stay in Ogle pro'^ided us with some of our most iiiteresting history. But l)efore entering Ogle I should state that the first election precinct which embraced Dixon and in which its |)('(i])lc might vote, was estalilished June 8, 1831, by the county conunissioners of Jo Daviess coimty, and was defined as follows:

East of the Lewiston road and south of a line to include the dweUings of Crane and tl.ylliard, running to the southern boundary of the county inclusive.

"It is considered that John Dixon, Isaac Chambers and John Ankeny, be and they are appointed judges of elections for the Buffalo Grove precinct."

But even for those days. Galena was a long distance away for county seat purposes and impatient for more convenience, a new county was prayed for in the confident expectation that by its erection a settlement, instead of a raw ]3iece of prairie remote from settlement, woi;ld be selected, and an act was passed by the Legislature, and approved Jan. 16, 1836, erecting the county of Ogle. Its ai'ea comin-ehended the present counties of Lee and Ogle.

Two of the three commissioners, appointed by the act, met as ordered, June 20, 1836, at the liouse of Oliver W. Kellogg, in Buffalo Grove, from which they traveled over eastward and located the county seat in the midst of a wild unsettled country and on a claim "claimed" by John Phelps and a stake was driven in the land to indicate that it had been selected for county seat purposes.

It was the rule at the time that when commissioners had selected raw land for count}' seat purposes, the United States would donate the same for the ]jurpose and issue a patent.

In this instance, the location was done so carelessly that a mis- . take was made in the description of the (piarter section and later, the mistake created a fruitful subject for litigation. But, the spot was the one upon which Oregon, once called Floi'ence, stands today. Then the house of John Pheljjs was about the only one near the place.

The act ])rovided for an election of county officers on the first Monday of April, 1836, but because the commissioners had not met to locate the county seat and because of indifference, the election was not held until Pee. 24, 1836, the date set by Thomas Ford the judge of the Sixth judicial circuit, so that meantime the territory remained under the jurisdiction of Jo Paviess county.

By the same act creating Ogle, Whiteside county was erected, but for reasons, similar, perha])s to those existing in Ogle, Whiteside was not organized completely until 1839, when Lee and Whiteside both were cut off from Ogle.

Some historians have made the mistake of stating that Ogle comity as created by the act of the Legislature, embraced Whiteside county. Such was not the case. Whiteside was attached to Ogle during its formative process for judicial purjjoses only.

By the time this election day called by Judge Ford had rolled around, the fiercest rivalry between Dixon and the so-called village of Oregon, had sprung up, and so the two places prepared to grapple for supremacy.

Inasmuch as the county commissioners would control the place of holding the courts and could control the county officers as well, mitil suitable buildings were provided, and they were made the judges of what constituted suitable county buildings, Dixon and its friends prepared to secure the election of commissioners favorable to Dixon, and it presented the names of Virgil A. Bogue, of Buffalo Grove ; S. St. John JVIix, of Byron and Cyrus Chamberlain, of Lee county (now), but a resident of Grand Detour precinct. Oregon presented the names of Isaac Rosencrans, Ezra Bond and W. J. Mix of Oregon.

Dixon Candidates Oregon Candidates

H. Hill, B. B. Brown, J. iSnyder, 8. S. Spai;ldiug, R. Murray, P. Cameron, W. Southall, AMlliam Sanderson, >S. Sharer, S. Gilbraitli, G. Chandler, James V. Gale, G. Kosencrans, W. W. Mudd, I). Brown, J. W. Jenkins, John Boardman, S. C. Fuller, Kobert Page, David Reed, H. Rosencrans, S. Snuth, G. Angel, Jas. AVilliams, I. W. Moss, S. Johnson, - DriseoU. Mr. Gale, of Oregon, recorderelect, made the following entry in his diary, wliieh indicates mildly the feeling aroused at that election :

"There was great excitement at this election. All the towns were against Oregon. A large quantity of whiskey was drunk, and several fights occurred. Dixon, Grand Detour, Buffalo Grove and Bloomingville (now Byron), all combined against Oregon. A great deal of hard feeling grew out of this election that lasted until Lee county was set olf and erected into an independent county. One man became so boisterous and pugilistic towards his brother that he was tied with a roj^e. It was the noisiest, roughest, most exciting election ever held in the coimty."

The judges of that election were James V. Gale, G. W. Rosencrans and Jonathan W. Jenkins. The clerks Avere Smith Gilbraith and George Chandlei'.

Smith (irilbraith was appointed clerk of the county connnissioners' court. James P. Dixon and Oliver W. Kellogg, father of Mrs. E. B. Baker, signed his bond. Thus Dixon controlled the situation and thus it will be seen Iioav, with a technical count}" seat at Oregon, all the courts were held in Dixon at the schoolhouse. Until Lee was set olf, the comity conunissi oners' court, which must not be confused with the circuit court, was a peripatetic affair.

The first session convened Jan. 3, 1837, at the house of James Phelj^s in Oregon City. Present, Virgil A. Bogue and S. St. John Mix. The first order made was the appointment of Smith Gilbraith, clerk.

On March 6, 1837, the connnissioners met at the house of Mr. F. Cushman, Buffalo Grove. At this session < Vrus Chamlierlain a|)peai'cd, and Oliver W. Kellogg was apj^ointed county treasurer and entered into bonds in the sum of >(<3,000 with James P. Dixon and K. W. Covell, both of Dixon, as sureties. At this session, too. license was gi-aiited ]-]. W. Covell. to sell goods, wares, merchandise, elc.. for one year, in eonsidoratioii of the payment of $10 to the (-(.uiity treasurer. 'I'iiis $10 was the first money paid into the treasury.

Oue of the tirst as well as oue of the most important duties of the commissioners at that session was to lav off election precincts, two of which fell to territory now embraced in Lee county. The Dixon precinct was bounded as follows: "Commencing on the west liue of the county on township line between sections 22 and 23 ; running east eight miles ; then south to Rock river ; down Rock river to the south liue of section 17; then east two miles, then south three miles ou line between sections 31 and 35 ; then east to town line ; then south to the north line of town 20 ; then west to county liue; then north to place of beginning."

William P. Burrows, James P. Dixon and WiUiam Martin, were appointed judges of elections, and the house of E. W. Covell, was named as the voting place.

Iidet was named also as a precinct : Bounded on the north by Dixon, (Irand Detoiu' and Oregon Cit}^ precincts; on the east, by the coimty line, and ou the south and west by the lines of said county. Zachariah Melugiu, Thomas Dexter and Charles West were appointed judges and the h(»use of Cor3^don Dewey was made the polling place.

March 7th, Adolphus Bliss and others presented a petition asking for viewers to view for road purposes, a route past the "Traveler's Home," the log tavern of Bliss. Five dollars was deposited to pay the viewers' expenses and John Dixon, Cory don Dewey and Zachariah Melugiu were appointed viewers and their report was unfa^-orable to the proposed road. It may be well to add at this point that the deposit of money in those days went to pay the viewers' fees; if the road was l)uilt, it was returned; if not the money was not returned.

Eock River Ferry Rates

At this same very important meeting the commissioners "Ordered, That, on the second Monday in June next, such portion of the section of land on which the county stake is stuck, be sold at public auction for the benefit of Ogle county; the portion to be sold to be hereafter desig-nated by the county commissioners." Another important order was made, to-wit: for the election of justices aud constables on April 12th, following.

In the Inlet precinct, Daniel M. Dewey was elected jiastice of the peace (17 votes), and Charles West was elected constable (17 votes), and from a history of Ogle county which speaks plainly, we are told : "Justice Dewey, Constable West, Adolphus Bliss (of the old Travelers' Home), his wife, Hannah, and a few others of their gang, because of their 'close' connection and secret and suspicious ways of transacting public and jirivate business, came to be known to the pioneers as 'Dewey, West & Co.' "

The n(>xt, an extra session, was held at Dixon, July 29, 1837, and at it. the y)etition was approved, asking that no license be granted for the sale of liquor in Dixon.

"Ordered, That the clerk shall not grant to any person or persons, license to keep grocery in the town of Dixon. ' ' Our tirst dry pei'iod in Dixon ! Though by reference to the list of indictments returned at the first term of the Lee circiut court, for selling without license, it will be guessed that liquor was to be had.

The county officers made but little in those days: Smith Gilbraith's fees amounted to $8.87; his records, stationery, etc., $8.50, and this account was the first one presented against the county of Ogle. The next session was held at Buffalo Grove, Sept. 4, 1837. Meantime, in August, under the law. Smith Gilbraith had been elected county clerk; his bond for $L000 with Cyrus Chamberlain as surety, was approved. At this session, this very important order was made by the commissioners: "Ordered, That the clerk inform all the county officers and the judge of the circuit court, that Dixon has been selected as the place of holding courts until August, 1838."

At the March. 1838, session, the Dixon ferry was assessed a tax of $30, which was larger by 100 \K'y cent than any other of the seven ferries in the coimty; the ferry chaiges too were revised at this session moderately, by adding to the lists of vehicles, sleighs. Some more minor changes were made too. So one may see how migratory the place of holding the county commissioners' court had been. The ])resent board was determined to remain away from Oiegon. During all this time, the commissioners had met but once at the house of John Phelps and that was the first time.

To criticise and question the motives of the first commissioners, did no good and so the friends of other settlements determined to seek relief by carving a new county out of Ogle. This information was not known generally and so in August, 1838, when under the new law three new commissioners were to be elected, Dixon made no opposition to the efforts of Oregon to elect them. Messrs. Martin Reynolds, Jacob Parry and Masten Williams, all partisans of Oregon, were elected. They met in Dixon, in special session, August 30th, and ordered that the October term, 1838, of the circuit court, be held at Dixon ; after that, at the house of John Phelps, Oregon City, and that the county court be held thereafter at the house of John Phelps.

But when news reached Oregon City that Dixon had been permitted even that small concession, its withdrawal was demanded the very minute the commissioners met at Oregon. Accordingly we find that in September, the order was revoked so far as Dixon was concerned, and the October term, 1838, was ordered to be held in Oregon, although as a matter of fact, it was not. A climax had been reached. Peaceful men had tired of waging warfare and of lighting uut the controversies. The feud had extended to include members of the family, the women and the children. The story is told to the effect that one day John Phelps had to come to Dixon on business. Father Dixon kept the only tavern in the place. Phelps was himgry. F'ather Dixon was absent, but just the same, Phelps did not want to enter ; but he had to. During the meal, Mrs. Dixon is reported as remarking to Phelps: "It is a good thing for you, Mr. Phelps, that Mr. Dixon is not home today, for if he was, you would get hurt. There would be a fuss."

To which Phelps is reported as rephdng, "It is a good thing for Mr. Dixon, madam, that he is not at home, for if he was, he surely would be hurt. I was born in a fuss, and nothing pleases me better than to Ix' engaged in a fuss." There may be considerable improbability about this story, but as a matter of fact the climax which brought matters to a focus, was enacted in Galena when Phelps while in Galena, discovered the plans of Mr. Dixon, by reading a notice posted to the effect that at the next session of the Legislature, a lull would be introduced for the formation of a new count}' which would include Oregon on its northernmost line. Immediately, Phelps posted othei' notices to the effect that at the next meeting of the Legislature he would apply for a division of the couuty whose south line would include Dixon on its extreme southern limit.

At once, Mr. Dixon sought Phelps and the agreement was made that an equitable division shoidd be made which would give to Oregon the county seat of Ogle and to Dixon the county seat of the new county.