Lee County, Illinois - Chapter 5: Organization of Lee County, 1914

Chapter 5: Organization of Lee County

The first aud only term of court for Ogle eoimt}' held while joined with Lee, was held in Dixon as we have seen, in September, 1837. Jndge Dan Stone presided. He appointed Thomas Poi'd to act as state's attorney, and the first term (d' court Avas licld in the blacksmith shop of James Wilson, which by that time had its tioor laid. Notwithstanding the amicable arrangement made by Jolm Dixon and 'Mr. Ph(dps of Oregon City, certain disgrimtled localities, notably Buffalo Grove, excejded to it in the fear that in the expansion of Dixon, certain to follow on the heels of its selection as county seat, Buffalo Gi'ove as a Aillage must decline inevitably. Some of Grand Detoiir feared the same results, and so we find the first locality opposing the arrangement strenuously.

To piush this bill through the Legislature, Frederick R. Dutcher was selected by the people of Dixon. To oppose it, Virgil A. Bogue of Buffalo Grove was selected. Both went to Yaudalia prepared to tiglit. The remonstrance which Judge Bogue expected to use against the bill was left behind to l)e signed more liberally; when the desired number of signatures had been obtained, it was then to be mailed to him at Vandalia. Everything being th( >roughly luiderstood, the judge rested secure in the belief that he would defeat the bill.

The change from Buffalo Grove to Vandalia diet disagreed with the judge, and for a cou])le of days lie remained indoors to nurse his indisposition.

Meantime Mr. Dutcher called at the postoffice to secure for his friend, the judge, the latter 's mail. At the first visit the remonstrance came and Mr. Dutehoi' ])ut it away where it never l)othered the Legislature afterwards.

The judge recovered, but his I'emonstrance did not reach hiin. Nothing but his eloquence remained and that he proposed to use in the lobby with unexampled persuasiveness.

But here again, Mr. Dutcher circumvented the effects of the judge's eloquence in a most effectual manner. The vast majority of the legislators hated abolitionists. The judge was an uncompromising abolitionist and like Owen Love joy, he was not afraid to say so. Dutcher knew this and so he got Bogue to make a public abolition speech, which many members of the Legislature listened to, his friend Dutcher among the mmiber. It was so much of a masterpiece that when the bill came up it jJ^^ssed almost unanimously, and was approved Feb. 27, 1839. Now, pray do not claim for the present generation a monopoly of wit in political schemes!

Frederick R. Dutcher named this county Lee, in honor of Light Horse Harry Lee of Revolutionary fame and a national hero of Mr. Dutcher 's. Thus after many stoimy scenes Lee county, as a separate ^nd a legal status, Avas pi-epared to act. D. G. Salisbury, E. H. Nichols and L. G. Butler from varioiis parts of the state were appointed by the act to act as commissioners to locate a county seat. On May 31, 1839, they selected Dixon. Following is their report :

"The undersigned, commissioners appointed by the act creating the county of Lee, approved Feb. 27, 1839, having been duly sworn and after due examination, having due regard to the settlements and the convenience of the present and future population of said coimty of Lee, do hereby locate the seat of justice for the aforesaid county of Lee at the town of Dixon, and have stuck the stake for the place, or point, at which the pul)lic buildings shall be erected, on the quarter section composed of the west half of the northwest quarter of section 4, township 21, range 9, east of the fourth principal meridian, and the east half of the northeast quarter of section 5, same township and range aforesaid.

"And we further report, that, the proprietors and owners of lots in the aforesaid town of Dixon have executed certain bonds guaranteeing the payment of the sum of $6,460, which is exclusive of $1,050, signed by Messrs. Gilbraith, Wilkinson and Dement, which is embraced and included in a bond of $3,000 and included above. Also one bond for a deed of eighty acres of land adjoining the said town of Dixon.

It was to be expected tliat Dixon would be selected. Nevertheless, a feeling of relief was felt and expressed at the release of the people from future political quarrels over county seat affairs. The act creating the county fixed the time for an election of county commissioners on the first Monday of August, 1839, at which Charles F. Ingals of Inlet, Nathan R. Whitney of Fh'anklin Grove and James P. Dixon of Dixon were elected our first county commissioners. In the absence of a courthouse, the first schoolhouse was selected in which to hold the first session of what then was denominated the county commissioners' court.

Odd dates figured conspicuously in the early affairs of Lee county. On Friday, the 13th of September, Lee county began business, and who shall say she ever has met an unlucky or uni^ropitious minute ! And who shall say she has failed to keep pace in the race with her 101 sister counties!

Isaac Boardman was elected clerk of the county commissioners' court ; Aaron Wakeley, sheriff ; Joseph Crawford, surveyor ; Har- - vey Morgan, probate justice or judge, and G. W. Chase, recorder. Instead of the present townshiiD and board of supervisors style adopted in 1850, the older method of coimty administration by three county commissioners, acting as a court, prevailed.

At this first term of the comity commissioner's court, the terms of office of the commissioners were settled as follows : Mr. Ingals, three years; Mr. Dixon, two years, and Mr. Whitney, one year. Mr. Dixon was not present during the first session. He qualified Sept. 30, 1839.

The house of William Martin was selected for the polling place in Gap Grove precinct and William Martin, Thomas .T. Harris and William Johnson were appointed judges of election. For precinct two, the polling place was fixed at the schoolhouse in .

Dixou and the judges of electiou appointed were James Santee, Samuel M. Bowman and Thomas ]\icCabe. For precinct three, the house of Jeremiah AVhipple was selected for a polling place and for judges, Cyrus Chamberlain, Jeremiah Whijjple and Don Cooper were selected. For precinct four, the Melugin schoolhouse was selected for a polling place and for judges of election, David A. Town, Zacliariah jNIelugin and John K. Robison were appointed. F^or prec-inct live, Inlet, the house of Benjamin Whitaker was made the ijolling place for elections, and Daniel M. Dewej', Frost and Asa B. Searles were appointed judges. For the sixth precinct, the house of Da^-id Welty was selected as the polling place and for judges, David Welty, Henry W. Bogardus and Nathan B. Meek were appointed.

Then as now the subject of better roads was one of paramount importance and we find the records of the county commissioners' court which had jnrisdiction of the subject, flooded with petitions to review and relocate I'oads and parts of roads and to view and locate new roads. The first road to come iip for consideration before the court was (me leading from Dixon's Ferry to Bush's Ferry, down stream a couple of miles. One sliould believe that with the orders the couuuissioncrs gave, it should not have required any order, because invarial)l\', e\ery order to comply with the petition was acconipauied with a reser-^-atiou to the effect that the county was to be put to no expense save the surveyor's fees, and in those cases the record generally showed that somebody deposited them in the count.v treasury, five dollars, to pay the surveyoi-, conditioned that the same should be repaid if not used.

The next petition to review and relocate a road was brought in on the same day and asked to relocate the road from Dixon's Ferry to the house of Cyrus Chamberlain. In this case William P. Bui'rows deposited the .^^5. But next c-Amc a pretty big job for so voiiiiL; a county. It was desii-ed to re-view and relocate the road running from the ferry to Clea\-elaud's turnpike, and from thence via the west end of East Grove to the south end of Lee county. To do tliis job, S. M. Bowman, David Welty and Henry W. Bogardns were appointed coninnssioners. Later it was ordered that an election he held in each of tlie six precincts to elect, on Xoxcniber It li. two justices of the ])eace and two constables in each ]ii-ccinc1. IJunning on down I foinid one vei'v important item in ilie history of Ijce county. Should the dafc^ gruli desire to know file date (d' the first cii-cus held in I^ee county, it was Re]~it. 17,

Few of ,you know what a l^eel boat was. It was the popular river boat for many long and weary years and was not superseded until the steamboat a^^peared. In point of form it resembled very much the canal boat. All ai'ound the top of the bulwarks a platform was built, along which the crew walked forward and backwards with their long poles with which the boat was projielled. The poles did a good jvh while going down stream or while floating upon the surface of quiet waters, Iwt while trying to liiake headway against the wind or the curiTut. the task was nothing short of fearful. The crew were forced to go ashore with a long rope, tie the rope to a tree on the l)ank and then by bull strength one relay would pull the I'opes and another would catch and hold the gain l^y lla^-ing the rope wound round the tree tightl,y enough to prevent any "give." This was called cordelling. If no trees appeared along the banks, then the crew were compelled to make for the shore and wade in the shallow water and pull the boat along by means of ropes. A sail was used in most instances, but the boats were so clumsy that sails afforded very little assistance. Keel boat crews were noted for their ])rutality - not to passengers - and for their boat songs, sung too while in the act of their most slavish duties. But to ap})ly the case to Lee county : On the payment of $5, Andrews and McMasters were granted by the board of commissioners, the privilege of selling merchandise on board their keel boat in said Lee county imtil the end of the next temi of the county commissioners' court, "about Oct. 13, 1839."

On Dec. 26, the clerk was ordered to make out s]iecifications for building a courthouse and jail. On the next day the clerk submitted them ; the courthouse nnist lie of stone or brick and the jail of stone and timber. They were accepted and filed, and the clerk was ordered to advertise for sealed proposals, to be opened Jan.

6, 1840. On that date the clerk was ordered to procure plans for jail, to correspond with specifications, and the time to contractors was extended one day when Gyrus E. Miner was paid $3 for drawing draft of courthouse roof. This was the great day of days for Dixon. The bids were opened; l)ut they must have been insufficient because the board at once ordered that S. M. Bowman and Smith Gilbraith and John Van Armah be communicated with regarding their price for doing certain work not included in the specifications.

Bids could not have been numerous. Zenas Aplington, of Buffalo Grove, and G. G. Holbrook secured the contract for building the jail, for the sum of $1,495, and for the faithful observance of the contract bond was required.

Samuel M. Bowman was given the contract for building the courthouse for the stipulated price, $6,800, and for the extras not included in the original specifications, he was to receive $450. Bond was to be executed.

And right here in the midst of all this joy of expansion comes the first official recoi'd we have of a death in the new county. On this same day, Christoi)lier Brookner was ordered paid the sum of $9 for making a coffin in which to bury Daniel Bremridge, a county charge. Nine dollars! ( Compare that with the price of a modern eqviipment in which to be ferried over the Styx!

A study of the struggles of Dixon, a little frontier outpost, to secure the county seat and then to provide funds with which to build the county buildings, fui-nishes a story of energy and pluck to be found only in a young and unconquerable comnnmity. Money was scarce in 1839 - frightfully scarce. The efi:'ects of the 1837 panic wei-e still hovering over the coinitry. The Internal Improvement, after I'uining the state, had collapsed. The people were generous but poor, and yet in ordei- to secui'e county buildings for comity uses, which should be ])aid for by all those who were to enjoy their benefits, the little village of Dixon was required by the act of the Legislature and the action of the commissioners in selecting Dixon, to provide a block or square of ground upon which to locate the courthouse and to provide money to build that courthouse, and a county jail as well.

If will be noticed by the report of those commissioners, that the block' of ground hnd been ofl'ered (by John Dixon). It also will be noticed by their report that eighty acres of land adjoining the town plat had l)een secured. John Dixon added that to his contribution. It also will be noticed that Messrs. Smith Gilbraith.

Court House, Dixon

Wilkinsou and Dement, (not John nor Charles Dement) guaranteed by bond to. pay $1,050. Others guaranteed by bond, the smn of $6,460, and it also will be noticed that another bond of $3,000, less the one of Gilbraith, et al., of $1,050, was required as the sine qua non for settling the C( )unty seat in Dixon.

The first jurors, grand and petit, for the first term of the circuit court, were selected at this time and their names are : Grand Jurors, William Martin, Noah Bedee, Reuben Eastwood, John H. Page, Oscar P. Ayres, Elijah Bowman, John Brown, Thomas McCabe, Cyrus Chamberlain, Cyrus R. Miner, Erastus DeWolf, David H. Birdsall, George E. Haskell, Daniel M. Dewey, Daniel Baird, James Blair, Joseph P. Al^bott, Peter T. Scott, Nathan B. Meek, John Wilson, Zachariah Melugin, John K. Robison and Jacob Kipling.

The first petit jurors, and they were drawn for the April term, 1840, were Oliver Hubbard, Simon Pellows, Jonas M. Johuson, Benjamin H. Steward, William P. Bradshaw, Hiiam Parks, Jeremiah Murphy, Josiah Mooers, Charles Edson, Joseph Crawford, Samuel C. McClure, John Chambei'lain, Edward Morgan, Amos Hussey, Daniel Frost, John "Done," Richard P. Adams, Sylvanus Peterson, Asa B. Searls, R. B. Allen, William Guthrie, John Gilmore, David Welt.y and James S. Bell.

Prom the records in the same office it may be interesting to know the movements of little Cupid in this new and expaiisive county of Lee! The first three mariiage licenses prociued in the new county, in their order, are Sept. 24, 1839, Gustavus Witzler and Louisa Dombach, who were married Oct. 10 by Smith Gilbraith, and the license was registered with the clerk Oct. 16. Thus the German was the first to get a new license in the new county and the thi'ifty German has been coming to this county and he has been growing into fatherhood and grandfatherhood ever since and to those same Germans the county is under lasting obligations. But Mi-. Witzler was not the first bridegroom. The second man to get the license beat him: On Oct. 3, 1839, William Hopps (uncle of Clyde Smith of Dixon), who obtained license niunber two, was the first to wed, so the record says. He and Miss Martha Smith were married by Rev. Charles Morris, minister of the gospel, Oct. 5, and his license was re.gistered Oct. 9. The third to procure a license was Henry W. Cleaveland, who was married to Rowena Smith, Oct. 23, by Rev. James De Pui, an Episcopal clergyman, who established the first Episcopal church in Dixon. The license was registered Nov. lU, lbo9.

Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all that part of Ogle county lying south of a line beginning on the western boundary of Ogle county at the northwest corner of section eighteen, in township twenty-two, north, of range eight, east of the fourth j)rincipal meridian; thence, on the section line between sections numbered seven and eighteen, in said township, east, to the main channel of Rock river; thence up the center of the main channel of Rock river, to the section line between sections twelve and thirteen, in township twenty-two, north, of range nine, east of the fourth piineipal meridian; thence, east with the last mentioned section line, to the northeast corner of section seventeen, in township twenty-two, north, of range ten, east of the fourth principal meridian ; thence, south, to the southeast corner of the last mentioned section; and tlience, east, with the section lines, to the eastern boundary of the county, shall constitute the county of Lee.

Sec. 2. That Lorin G. Butler of Cook county, E. H. Nichols, of Whiteside c(»unty, and 1). G. Salsbury of the county of Bureau, be and they are hercliy, appointed conmiissioners to locate the seat of justice for said county of Lee; and said commissioners, or a majority of them, shall meet at the town of Dixon, on the first Monday in JNIay next, or as soon thereafter as may be, and, after being duly (lualified before some justice of the peace faithfully to perform the duties re(|uir('d of them l)y this act, shall proceed to locate and esta1)lish the permanent scat of justice of said county of Ijce, having due regai-d to the settlements and the convenience of the present and future po])ulation of said county, and when so located, sliall l»c and remain the ]i('ruiauent seat of justice.

Sec. :*>. If said seat of justice shall be located on lands which liaxc been laid off info town lots, the owners or proprietors of the same shall donate and convey unto the county commissioners of said coiniix' of rjcc, and tlicir successors in office, for the use and benefit of said county, necessary land on wliicli to erect public buildings, wliicli shall be erected thereon; and shall enter into bonds, with approved security, to the county commissioners, and their successors in office, for the use and benefit of said county, to pay the sum of three thousand five hundred dollars, in three equal installments, one-third in three months, one-tlurd in nine months, and the remaining third in fifteen months, from the time of said location. And if the eovmty seat shall be located on lands claimed by any individual, not laid off into town lots, the owner or proprietor shall donate unto the county, as aforesaid, at least twenty acres of land, on which public buildings shall be erected, or enter into bonds to the county commissioners in such sums and conditions as is required if the same shall be located on lands laid off into town lots. And all moneys accruing from the sale of an}- lands which may be donated to said county, or may be received on said bonds, shall be appropriated to the erection of a suitable court house and jail. And, until pu])lic buildings are erected, the several coiu'ts of the counties of Ogle and Lee shall be held at such place, in their respective county seats, as the county conunissioners shall direct.

Sec. 4. The citizens of the count.v hereby created are entitled, in all respects, to the same rights and privileges as are allowed in general to other counties in this state.

Sec. 5. It shall be the duty of the clerk of the county commissioners' court of Ogle county to order an election to be licld in the several precincts in the county of Lee; which order shall be directed to the judges of election in the several precincts in said county of Lee established by the county commissioners' court of Ogle county, to be held at the several places of holding elections in the several precincts, for the election of county officers for the county of Lee ; which election shall he held on the first Monday in August next, and shall be conducted in all respects agreeably to the provisions of the law I'egulating elections.

Sec. 6. It shall be the duty of the judges of the election so ordered to make returns thereof to the clerk of the county commissioners' court of Ogle comity, who shall, together with two justices of the peace, proceed to canvass all the votes taken in the county of Lee, and shall deliver their certificate to each officer so elected; and shall also delivei- to the clerk of Lee c^ounty, so soon as he shall have been qualified, all the poll-books of said election, whose dutv it shall be to forward an abstract to the

Secretary of State, in such manner and form as is required in otlier counties in tliis state. The county of Lee, hereby created, shall continue to form a part of the county of Ogle until after said election, as is above provided ; and the county commissioners so elected shall be qualitied.

Sec. 7. The county coimnissioners elected under this act shall meet at the town of Dixon, within five days after receiving certificates of election, and shall qualify by delivering the proper oath to each other; and shall require their clerk, so elected, to enter into bond and take the oath of office as is required by law. It shall then be the duty of said clerk to ascertain by lot, the term each of said commissioners shall serve, according to the provisions of an act, entitled "An act to amend an act, entitled 'An act establishing courts of county commissioners,' " passed March 22, 1819.

Sec. 9. The commissioners appointed by this act to locate the seat of justice in the county of Lee shall receive two dollars per day for each and every day necessarily spent in discharging the duties thereof, to be paid out of the county treasury.

Oporto (no plat or survey recorded), two lots known as "Log House Lot" and "Frame House Lot." This "speculator's plat" was recorded in Jo Daviess county. It embraced lands between the I. C. R. R. and North Dixon on each side of the Palmyra road.

County Officers

Recorders - For a time the office of recorder was a separate one. In 1850 it was united with the office of clerk of the circuit court. Michael Fellows, 1839-44; Edwin W. Hine, 1844-50.

County Judges - Harvey Morgan, 1839-43; O. A. Eddy, 1843-47; Lorenzo Wood, 1847-53; David Welty, 1853-61; William W. DeWolf, 1861-69; John D. Crabtree, 1869-77; James B. Charters, 1877-82; Richaixl S. Parrand, 1882-1902, resigned, when he was made circuit judge; Robert H. Scott, Aug. 9, 1902, present iucmnbent. The first few judges were called probate judges, but when their jurisdiction was enlarged, the name was changed to coimty jiidge, whose duties ex officio included those of the probate judge.

when he died; John D. Crabtree, 1888 to 1902, when he died; Richard S. Farrand, 1902, present incumbent. Of course it should be stated that there have been three judges from each circuit since about 1875. But in this work it has been thought best to mention only those elected from Lee county.

County Officers - County judge, Robert H. Scott ; county clerk, William C. Thompson; county .treasurer, Frank C. Vaughan; state's attorney, Hari-y Edwards; sheriff, C. P. Reid; clerk circuit court and recorder, W. B. McMahan; superintendent of schools, L. W. Miller ; coroner, George B. Stephan ; county surveyor, L. B. Neighbour; master in chancery, A. C. Bardwell; superintendent of coimty home, C. L. Wicher; chairman board of supervisors, John J. Wagner.

Assessment 1912

This is the last valuation spread upon the records. Substantially the lands and lots for the present year will be the same. The personal property list however will be approximately half a million dollars more.