Madison County, Illinois - Chapter 5: County Government, 1912

Territorial County Officers Appointed - Officers Elected Under the State - Boards of Commissioners - County Courts - County Commissioners - Boards of Supervisors.

As previously stated, the territory of Illi¬ nois was at first organized without representa¬ tion, the governor and judges forming the legislative council, but in 1812 a representa¬ tive legislature was organized, consisting of a house of representatives and a legislative council. As population increased and new counties were formed, the governor appointed such officials as were necessary to carry on the local government. On September 14, 1812, the county of Madison was organized, with the boundaries heretofore given. In territo¬ rial times the government of the counties was entrusted to the courts of common pleas. On the 19th of the same month the governor ap¬ pointed Isam Gilham as the first sheriff of Madison county (this name is also spelled in early records Isom Gillham). He also ap¬ pointed William Rabb (sometimes spelled Robb), John G. Lofton and Samuel Judy, judges, and Josiah Randall (also spelled Ran¬ dle) clerk of the court of common pleas of Madison county. On the twenty-seventh of September Josiah Randall was named recorder and Robert Elliott, Thomas G. Davidson, William Gillham and George Cadwell were appointed justices of the peace of Madison county. This seems quite a full complement of officials for a new county, but it must be remembered that Madison county then ex¬ tended to the Canadian line.

arrival of Governor Edwards on May 4, 1809, issued commissions to Martin Brisbois, as lieu¬ tenant, and John Marie, cardinal ensign of a militia company at Prairie du Chien (Wiscon¬ sin), which place was within the domains of Madison county as organized in 1812. On June 21, 1814, the governor appointed George Kennedy a captain and James Kennedy as lieutenant at Prairie du Chien. On May 3rd he had also issued a commission to Samuel Judy, later appointed judge, as lieutenant in a military company of St. Clair county, showing that Judy was then a resident of that part of St. Clair afterwards organized as Madison. The first general assembly in Illinois was elected on the eighth, ninth and tenth days of October, 1812, one month after the organiza¬ tion of Madison county, and thus the county participated under its own name in the elec¬ tion of members of the first representative legislature. Membership in the legislature will be considered under another head and we now proceed with the evolution of local government in the county.

At this period all the local officers were ap¬ pointed by the governor, no officers being elected, in fact, except members of the legisla¬ ture. The names of the first judges of the court of common pleas, who were the rulers of the county, are given above, but it seems a change of some kind was made for, on the 24th of December, Jacob Whiteside was ap¬ pointed a judge of the Madison court of com¬ mon pleas, and the court held its first meeting April 3, 1813, at the house of Thomas Kirk¬ patrick, with Judges Lofton and Whiteside present and Josiah Randle (Randall) clerk. On June 2nd the governor appointed Thomas Kirkpatrick a judge of the court, whether to insure the presence of a quorum, or not, does not appear. The court was still further strengthened, on December nth, by the addi¬ tion of George Cadwell to its membership.

These courts of common pleas were superceded December 19, 1814, by a territorial law providing for the creation of county courts. These courts were empowered with the same duties and privileges as the courts of common pleas except as relates to the trial of civil and criminal causes, thus confining their func¬ tions to administrative and executive affairs of the county. The members of this court, com¬ missioned by the governor, were John G. Lof¬ ton, Thomas Kirkpatrick and George Cadwell, and they opened their first term March 6. 1815. The law creating the county courts was amended by the legislature in January, 1816, giving them increased jurisdiction and provid¬ ing for four terms per year; under it George Cadwell, Samuel Judy and Thomas Kirkpat¬ rick were appointed judges and on January 14, 1817, William Jones was also appointed judge.

The close of the year 1817 ended the reign of the county courts, as above constituted, the legislature having passed an act January 12, 1818, placing the administration of county af¬ fairs in the hands of the justices of the peace, who thus constituted the county court. The last meeting of this court was held December 9, 1818, the territory of Illinois having now ceased to be, and the justices' courts ended with it.

Madison was now a county of the state of Illinois. The first state legislature placed the county government in the hands of three com¬ missioners, to be elected annually, thus, for the first time, giving the people the right to elect their own local officials.

The first board of commissioners (1819-20) elected by the people entered upon its duties June 7, 1819, and consisted of William Jones, Samuel Judy and George Barnsbak. Joseph Conway was appointed clerk and George Belsha, treasurer.

Ninth board (1827-30) - There was a change in the law and the terms of the com¬ missioners were lengthened to three years. The ninth board consisted of E. J. Leigh, George Smith and David Swett.

By act of the general assembly in 1838 the tenure of office was changed so that the com¬ missioners held office for one, two and three years, as determined by lot.

Twenty-second board (1847-8) - I. B. Ran¬ dle, W. B. Reynolds and J. G. Anderson; the last named dying in November, 1847, James Squire was elected to the vacancy.

Twenty-third board (1848-9) - W. B. Rey¬ nolds, Samuel Squire and I. B. Randle. This was the last board of commissioners; the new constitution of 1848 substituted therefor a county judge entrusted with probate business, and two associate justices to conduct the county business. These officials were elected for terms of four years each.

Under this new order of procedure the first county court elected consisted of Henry K. Eaton, judge ; I. B. Randle and Samuel Squire, associates, and their term extended from 1849 to 1853.

The new constitution of 1870 abolished the county court system of government and sub¬ stituted the county commissioner system, with a three-years' term of office for members elected after 1873. Those then elected had to draw lots for one, two and three-year terms of office.

The second county board consisted of T. W. Kinder, chairman, and A. W. Crawford as new members. J. Bardill was elected in 1875 to succeed W. W. Jarvis, and served until April, 1876, when the commissioners were succeeded by a board of supervisors, the county having, in 1875, adopted the township system of county government. This necessi¬ tated the division of the county into political townships. This was done by following the congressional township lines and naming the townships.

This system provided for the election of one supervisor for each township and assistant supervisors, in addition, in proportion to popu¬ lation. This system of county government is still in force, with the exception that the supervisor is now elected for two years in¬ stead of one, as at first.

We have now traced the local government of the county through a period of one hundred years from the appointment of courts of com¬ mon pleas by the territorial governor. The first court was constituted in 1812; this was succeeded in 1814 by the county court; this body was succeeded in January, 1818, by the administration of the board composed of the justices of the peace for the county. The reign of the justices was short, the territory having been admitted as a state the same year, the legislature in 1819 placing the government of the county in the hands of three commis¬ sioners to be elected by the people. This com¬ mission form had a long life extending from 1819, with some changes in tenure of office of its members, to 1849. Then came the reign of the county judge and two associates, which continued from 1849 to 1874. It was suc¬ ceeded by a revival of the commissioner sys¬ tem, which continued from 1874 to 1876, which was succeeded by the township system of government by a board of supervisors.

The first period, under courts of common pleas, continued five years ; the second, under county commissioners, thirty years; the third period, under county judges, twenty-five years; the fourth, under county commission¬ ers, two years; the fifth, under board of super¬ visors, thirty-six years.

There were various appointments made by the governor prior to September, 1812, which included citizens of this county, then a part of St. Clair, but we shall confine ourselves to the names of officials named after the organiza¬ tion of the county up to the period when the territory became a state, and not including those previously named above.

During the same period certain other ap¬ pointments were made for this county, by the governor, as follows : Daniel G. Moore, coro¬ ner of Madison county, March 9, 1814; Isham Gillham, sheriff, September 19, 1812; Bird Lockhart, coroner, September 1, 1812; Josiah Randle, clerk of county court, December 12, 1812; Josiah Randle, clerk of supreme court for Madison county, December 24, 1814; Wil¬ liam Jones, treasurer Madison county, Decem¬ ber 24, 1814; Asahel Enloe, surveyor of the county, February 20, 1817; Joseph Conway, clerk of circuit, January 13, 1818; John Y. Sawyer, surveyor, March 12, 1818.

The last appointment which seems to have been made by Governor Edwards prior to the territory becoming a state was that of James D. Thomas to be lieutenant colonel of the Tenth Regiment Illinois Militia, vice Andrew Bankson, resigned.

The list of military appointments, during the territorial period from 1809 to 1818, is a long one and includes many names that became well known in the subsequent history of the state.

The names of all officials in the county, be¬ fore the admission of the territory as a state, have been compiled from the territorial rec¬ ords, while for the names of the county com¬ missioners or judges, after the admission of the state, up to 1876, we are indebted to Brink's "History of Madison County."