Stark County, Illinois - Chapter 3, 1876

The Foi'iiidfin}} of S'arl: Coiinti/ - /?.s' Ilrsf Election, Oir/aiiiz<(fion, Ar. Podtk'iil. Strugi/h'-i and Maiuncers of the Eatii/ Sdtlerx. - Iiiitfitufion of Courts. - Xafurat AdranU(r/es - Geoifruphy, Cliinute and (/encraf /teatf/i/atness of the Xctr Coanty. - Its Groves ami I?o((ds.

A?> the people of the Spoon river eoiin try liad early l\'lt the pvat inconvenience of attendinji: court and tran^actinjji: their imhlie husiness at ironnei)in, movements for a new county had been inauii'urated before Bureau was erected. .Vt tlie same sessit)n of the le.irislature in 1880-7, when the act creating" the hitter M"as passed, an act " for tlie formation of tlie county of Coffee" was approved. Now as Colonel AVilliam Henderson was from his first settlement here, prominent in local ]H)litics, and known to be an enthusia-;tic admirer of the Tennessee hero General CoflTee, with (n'uniU'r whom he hail done military scrvire, it is hiu'hly probable that this, as well as subsequent acts for the same purpose were secured throuiih his instrumentality. Tiie new county was to be eiiihteen miles siiuarc, comprisinu' nine full townships. Six to bo taken from Putnam, two from Knox and one from Henry, lien- Jamin Mitchell, Richard X. Cullom of Tazewell, and Samuel Hackleton of Fulton, were the commissioners to select the site for the county seat, which, if located on grountl not already laid out as a town, should be called Ripley. This act, however, was not tt) take eti'ect, unless a majority of the voters in Knox and Henry -ounties, at an election on the tenth day of April, ISoT, should sanction it. Putnam was allowed no voice in these proceedings, and the project failed on the vote; so " Cottee County" was no more, although it had already appeared on several maps of that day. A more vigorous attempt was made during is;]s:, fontiuuing through a great part of the year, ^luch feeling wa.s exciti'd by this contest as is usual in local (piestions. Roth i)arties in the struggle had weighty arguments to wield. Those wishing to make the Illinois river -a bouiulary on the east, urj^inp: the increased taxation that nuist resnlt to the residents in a small county. The other side urj^inji: the convenience of a county seat near at hand. So the question of a new county was made the leadinji; issue in the canvass for another representative from the Sj)oon river country. As early as Fehruary, IKJJS, a meetinjj: was held at the house of James Ilol^ate, near \Vyomin<f, when, it was " Hesolved, to petition the next lejj^islature for a new county, and to protest af^ainst the Illinois river as a boundary on the east," and " to nominate Colonel William II. Henderson, in order to the success of their plans." .Vfter adjournment, a meeting,' of the (lisaff'ected minority, some fifteen or twenty, was held and resohitions passed " to accept the Illinois river as a boundary on the east, and to put Thomas S. Elston, Es(|., of Bureau in nomination for the let^islature." ]Mr. Klston, however, does not appear to have become a candidate. Others were nominatt'd in ditl'erent parts of Putnam and Bureau ; 1»ut only the names of Colonel Henderson, Ammon ^loon, B. M. Hays of Hennepin, and Andrews Burns of ]Ma<::nolia, were cons])icuous in the canvass. In an address to the electors of the district, i)ul)lis]ied in the nearest i)apers. Colonel Henderson stated that " he should lay down as a basis for his action, two lines, to-wit: the lines dividini:: ranges eight and nine, east of the fourth i)rincipal meridian,. and another which had reference to the formation of ^Marshall county." He was elected by a plurality of nearly a hundri'd over his competitors, receiving the almost unanimous vote of 8i)Oon river, Lacon, and Lafayette precincts. Notice for a iietilion for a ih\v c( >unty was again advertised according to law, in October, ls;5s, and on th(> sixteenth of January, ls.'5i). Colonel Henderson presented this petition fron) citizens of Putnam, Henry, and Knox counties, praying the formation of a new county, which was referred to the proper committee. In due time a bill was reported " for an act to estal)lish the county of Stark," which was twice read, and referred to a select conniiittee, who returned it with several amendments, which were adoi)ted by a close vote. This Ijill was unsatisfactory to certain local interests, and was lost upon the final reading; as also the next day, upon a reconsideration of the vote. On the lioth of February the committee on counties i)resented the same ol»ject in a different shape, under the title of " an act to disiwse of the territory west of the Illinois river in the county of Putnam, and for other i)uri)oses." This passed the house with some ditiicnity, and was ameuded l)y the senate, the title being changed to, "an act for the formation of the county of Stark, and other purj)oses."

The anioiulnient.-i were eoiieurred in liy tlie house, and the council of revision approved the act, IMarcli second, 1S80. Thus after so much troultle we were to be recojiiiized as " 8tarlc county.'" To whose taste tliis name was due, is sometimes a matter of curiosity among our i)eople, many thinlcing it the clioice of our representative, who had formerly sugjiested " Coffee." There is no means of ascertaining- this to a certainty now, and it is really a matter of small importance, but the writer is well convinced that the name was a politic concession on the part of Colonel Henderson to the wishes of his constituents from Vermont, many of whom lived about Osceola Grove, and who also urged Bennington as a suital)le name for the county seat. But in this last, were overruled by the Henderson intluence which succeeded in naming our town not in honor of a French seaport as many have imagined, but in mem(n-y of a mere village in Tennessee. At the time of its formation our county contained near one thousand inhabitants, over two hundred of whom were voters, by a rather lil>eral construction of the statute law, to which many were then inclined. Its l)oundaries were designated as they now exist ; six townships being taken from Putnam, two from Knox, provided in the latter case, the majority of voters in the two townships should give tlieir consent, which they appear to have done.

An election for county officers was ordered held at the house of Elijah !\[cClennahan, sen., and the county commissioners, when electetl were instructed to demand of the treasurer of Putnam, a sixth part of $9,870, received by him untler the internal revenue act. "The county seat when located should be called Toulon. " Provision was not made for the selection of its site however, till the si)ring of 1S4U, when the legislature passed an act to that effect, appointing commissioners to make the location, who chose the present site, where not a house then stood." So says ^Iv. Henry A. Ford, formerly of Lacon, ^Nlarsliall county, Illinois, from whose valuable little work on local history, the facts in the foregoing i)art of this chapter have been gathercnl. But the last sentence quoted is not quite correct, as ]Minott Silliman the original owner of the land, l)uilt a cal)in here, as early as 3Iarch, iloth, 18;>"), which together with the land he sold to John ^filler, who occui^ied both at the time the town was located, and deeded to the county the original site on the condition it should l)e made the " shire town " or county seat. The vote, l)y virture of which, the two townships from Knox became incorporated in Stark county, was taken at an election held at the house of Henry McClennahan in township thirteen north, and five east, now Goslien, on the

County commissioners, Jonathan Ilodiicson, Calvin Winslow and Stephen Trickle. County commissioners' clerk, Oliver Whitaker ; sheriff, Augustus A. Dunn ; treasurer, JNrinott Silllman ; j)r()- bate justice, William Ogle ; surveyor, John W, .Vjiard. 'J'hese county commissioners hein.u' declared duly elected, metatthesamei)lace on the 4th day of the same month, and in pursuance of the act, [troceeded to formally organize the county, institute courts, etc.

But it nuist not he supposed that all this work was accomplished, and the machinery of our little comiuonwealth set in motion witliout some friction, and consetjuent heat. Among those two hundred voters was ample room for differences of opinion, and although party lines were not strictly drawn here, yet local interests were sufficiently antagonistic to make a lively contest. And we shall venture to turn aside here from the narration of historical or recorded events, to give place to a few incidents of those days that throw light upon graver events, and lielp tlie reader to api»reciate the temper of the times. The first relates to the i)ost office department, the doings of which seems to have awakened the first animosity among our pioneers. In ls:};5-4 there was a weekly mail route established from Springfield via Peoria to Galena. This route ran along the bluffs of the Illinois river, above P*»oria ui) to Hennepin, to Dixon, and on to Galena. Uuoii this the early settlers were entirely dependent for their mail matter. There was some sort f>f an office, or " hole in the bluff" just below the present town of Xorthampton in Peoria county, and a man by the name of Hicks was ))ostmaster. In is;3;5 a ])ost office was established in the Essex settlemeid, and Isaac JJ. Essex was appointed the first postmaster within the present linuts of .Stark county. The mail was carried on the volunteer system, the settlers taking turns at carr.N-ing it once a week from the ofiice under the blufi". It was usually carried in a meal bag, and could have be(Mi in the crown of a man's hat. "Galena Miner" (as Mr. Harris Miner was often called) generally carried it on foot. The ofiice at this time Avas an old boot box, set ui)on pins driven into the wall, high and dry, and abf)ve the reach of children in the c;\bin of :\rr, Essex. In isy;] only two newspapers were taken in the county, one by Mr. Essex, the other by Mr. Benj. Smith. At this date two weeks were required to get a paper from Springfield, and a proportionally longer time to get intelligence from Washington or the East. From all these facts it might reasonably l)e deduced that this office in a boot box was a very unimportant affair, rather u small bone of contention for men and women to quarrel al>out, not half as well worth the penny as the i)rcscnt establishment at Toulon, so often tlu' subject of dis[)ute in later years. But we shall see that the i)OSsession of that " boot box " was deemed a matter of conse(iuence by the pioneers, and its removal to Wyoming served todividethecurrentsof feeling for many years. In ls;54(ien.Thomiis came to Wyoming, bringing with him a large family of sons and daughters and sons-in-law, besides several other men, among them William (lodley who accompanied him in some capacity. All at once Wyoming Ix'gan to assume importance, and aspired to the post office. The Osceola settlers too, favored the change, always choosing to east their lot with Wyoming. Accordingly a petition was gotten up, and AVilliam Godley was the fortunate appointee of government. Mr. llolgate accompanied ^Ir. (lodley to Essex's to rt'ci'ive possession of the books and j)apers, mail matter iind appurtenances of the office generally, and to convey them to Wyoming. He soon noticed indications of a coming storm in the countenance and conduct of INIrs. Essex. She was washing when tliey entered, and for a wliile contimied her occupation with a vim that astonished her visitors, rul)l)ing and scrul)bing almost furiously, then she deliberately turned from her tub, wiped her arms and hands, sat down, and gave them lier opinion of men who Avould steal a post office, in terms which those gentlemen can never forget. Later in the day a neighbor coming in and ol)serving she ^vas excited, iniiuired the cause, when she made the apt, but i)etulent play upon tlieir names, INIr. Clitford has recorded, saying: *' God Almighty and llellsgate had come and taken away their ]iost office." Surely enougli to upset any woman, and coming on washday at that ! At this distance we can l)ut smile at this atiair, but it made no small stir among tlie early settlers ; no small strife jimong settlements. As the Wyoming or "spoon river men" as they were called, were mostly IVnnsylvanians, so the Essex men were principally from Ohio, Virginia, Kentut-ky and Tennessee. So here was a mimic " war of sections " inaugurated. The Osceola settlement, though at first composed of Yankees, had soon quite a large foreign element, and for some reason, all sympathised with the spoon river men, the extremes seemed combining to defeat the jueans. But the Essex men were many and bold. " Down with the Pennamites " was their war cry ; " they shall never bear rule, or hold office, in the new county about to be organized," was a published threat. But the Pennamites took counsel with their neigh- bors the Yankees at Osceola, and the Enj^lishnien and the Scotchmen, and the result was a well laid plan that carried all before it, after this fashion. At Osceola dwelt Oliver Whitaker, and with hini E. S. Brodhead, his brother-in-law. Not far from them .James Moore, a son of the gentleman who had first lead emigration thitherward, and this. James Moore, was a shrewd and wary politician, knew the best moves on the chess board every time. Fully coml)rehending the position of things al)Out him, he made a visit to the house of Mr. Whitaker in INIarch, ]«;}!», and addressing himself more especially to Mr. Brodhead, related how a little knot of men *' at the hub of this wheel," were combined to run the whole thing at the coming election, referring to the " Henderson men "as they were called, consisting of many large families and their allies. Among these were the ]Mc("lemiahans, the J^errys, the I^ssexs, the Siniths ; and among these, it was whis})ered, the offices in the new county were to be distributed. But, continued Mr. Moore to Mr. lirodhead, you get a good horse and "we will make the circumference of these simkes " and teach these eha])S at the hub, a trick worth two of theirs." Now the reader must bear in mind that there was quite an infusion of foreigners already in the county and it was an oi)en (question whether they were entitled t(^ vote under the statute then in force. Tlic democrats generally construing it strictly, and so forbidding them. The whigs, inclined to favor the new comers and thus enhance their own power, usually allowed all residents of the required age, to vote unchallenged. And as it was very desirable in the opinion of Mr. Moore and ]Mr. Jjrodhead that this latter i)olicy should i)revail in the ixMiding election, their first care was to arrange forjudges of elections men know to be favorable to foreigners voting. Thus they started out on their canvass, and as their course was obstructed by few fences or other improvements, they struck a " bee line " for the house of Mr. Buloff l^arish, near the northern boundary of Goshen township ; leaving him in what they considered a very hopeful state of mind, they proceeded in the direction of "Uncle Conrad I']mery's," on section 82, also in (ioshen townshij). This gentleman had been determined on, as having the proi)er qualifications for one of the judges of elections, so the case was laid before him, and his duty, we suppose, made plain. His sons were called in council during the evening, and a fuller programme decided on. The next morning our canvassers rode with an escort of J']mery's, to Jjafayette; and, as in those days the advent of a stranger with news of an interesting nature to communicate, brought the neighbors together quickly as a fire-bell now-a-days. The Ilodgesons and Dunlwrs, the Hurds and Jafks:)n?i, indeed all the mag-nate< of the town soon convened, and ncnv our politicians had an audience worthy of their powers, and did .some of their best talking. Decreeing to Jonathan Hodgeson, with the approval of all present, the position of County C )innilssioner, they went on their way rejoicing-.

Their next p;>i:it was in what was called M.\ssillon, now Jersey township, where lived the E;;kleys, and Dunns, and Websters, and Wykoffs, and Trickles. There they were equally successful ; i)led<>'in,!j: the vote of other s'r'ttlements to 3Ir. Dunn for sheriff, and Mr. Trickle for another conrniissioner, they rode forward to Wyoming where ]Mr. Brodhead felt especially at home, and found no dirticulty in completing his plans, Avhere it was arranged that]Mr. Agard should be a candidate for surveyor, and Jesse Heath for treasurer on the tirst Monday in April. Touching at all the settlements along the road, they made the desired impression, and on their return to Osceola Grove, "a mass meeting" of a couple of dozen men was called, and it was decided t!ie Osceola delegation should support AVilliam Parks for moderator, Calvin Winslowfor the third commissioner and James Buswell for the second judge of election ; who the third should be was a m.itter of indifference to them ; but the lot fell on Moses Boardman, a man who satisfied all parties. Oliver Whitaker was n< )minated for the clerkship, Minott Silliman for Treasurer, and Dr. Hall for coroner, and the " monster meeting " adjourned.

The next work in hand A\'as to make this delegation as large as possible, and to inspire it with the proper " esprit de corps." No one was allowed to be idle. Teams were to 'oe "doubled," wagons braced, and everyone furnished a free ride to the place of election ; the ladies were appealed to, and induced to manufacture a flag for the occasi(Mi. What matters it, that bed linen l)rought from across the sea mu-^t serve for bunting, a bl^ie silk handkerchief be transformed into azure stars, and a pair of genuine English cavalry pants, supply the scarlet? It>-wasa new combination and entirely successful, the result being a grand United States' flag, that seemed to ins]>ire the men with all sorts of patriotic fervors ! The eventful morning dawned gloriously, the Osceola men were early astir, four horse teams were in motion, the musicians, of which there were several among the foreigners, took their instruments of music, and thus, l)and playing, and flag flying, they took their departure for the first election, and as the old men say now, as they shake their heads, " we shall never see the like again." They proceed southward by way of Vandyke's and Wall's towards

Wyoming, joine:! by frcsii (k'taclinieiits of men at every settlejiient ; on liorsebaek, in wag'ons, and on foot they came, until by the time they reached the pollin.'^ place, they were quite an army in numbers ; so jiiuch so, that a tall, lank McClennalian named James, viewinji- their a])proa(*h from his jxTch on the horseblock, exclaimed, " where in CJod's name did all tliese men come from ?" " These men," remembering the old saying, " he laughs best, who laughs last," had quietly driven into the grove near by and disposed of their wagons, paraphernalia, whiskey jugs and all, and now moved quietly u{>on the enemy, resolved to wait for any demonstration until the results of the election should be made known. They found Col. Henderson, the recognized leader of the oi^position, seated upon a fence, calmly surveying the gathering hosts. Soon he stepped uj)on the horse block, and as was his duty, read the act, by authority of which they were convened, said the time had arrived for them to proceed to business, and concluded by nominating Dr. Richards, who was a brother-in-law of Mr. jMcClennahan, for moderator, or chairman " upon the pi-esent occasion." The ayes and iioes were called for, and, unmistakably "the noes had it." Then the name of William Parks was put forward, but so great was the confusion of voices it was impossible to tell with what result ; but some genius made himself heard above the din, and said " all in favor of Parks come on this side of the fence," and the majority climbed the fence. So the first point in the game of "extremes" was won! And they stood ]\rr. Parks, who was tall and straight as a flagstaff, upon the fence and cheered him till the woods rang.

The judges being clu»sen accordingtoprogramnie, clerks (Whitney Smith, and John Finley) selected, the convention went to work in earnest, with the results, as shown in the first board of county ofticers. As soon as the election of these men M'as declared, their friends cojnmenced the most extravagant demonstrations of rejoicing. They went to the grove, found their wagons and horses, and probably their whiskey jugs all safe, and quaffing a little additional spirit, tliey returned hilarious enougli to the crowd stiil hanging about 3EcCIennahan's. Here they took out their instruments of nuisic and flung their flag to the breeze, driving up and down the road in themost exultant fashion. Jn the first flush of victory tliey surely forgot to be magnanimous toward the disappointed. But now after thirty-five changeful y<'ars have swei)t by, and heads are white and bowed that then ciUTicd the honors of early manhood, perhaps too proudly, there are those .who remember with a twinge of remorse, the bitter reflection of

Colonel Henderson, uttered in tlie niDnient of defeat : " I made the d - d little county, and this is my reward." In view of all that he liad aeeoniplislied for us, tliey freely say, we were un.^-rateful. But they did not reason thus that night, in LSoiJ, but loadingup every straggler they could find, eommeneed a sort of triuniphiil march toward Wyoming, drawing up at the store of AVhitney Smith ; as many of the ci'owd had eaten notldng since early morning, and it was now night, ]Mrs. Smith sent all the eatables the liouse contained, to feed the hungry, and iNIr. Smitli, as was the fashion in those days, brought out a demijohn of whiskey to relieve the thirsty ; while this was going tlie rounds, one man i)urposely gave the team a severe cut with the driver's whij), and it set off at a furious pace, carrying, as was intended, the \\hiskey i\ll toward Osceola. But one of the party who had just sense enough left to realize that this was a p>oor return for the kindness shown tliem, at last brought the cavalcade to a halt, and insisted that the demijohn be sent back to Wyoming. It was soon explained that the whole thing was a joke, perpetrated by a relative of Mr. Smith, so the conscientious man was ai)peased, and the procession moved forward. Sto])ping at ]Mr. ll(jlgate's, and at ^Ir. Dorrance's, they played some lively strains and were rewarded by something more to eat, and a good many found it convenient to crawl into the wagons for the very good reason that they coidd no longer sit on their horses. And those who heard the Osceolans returning toward morning, " found their sweet notes jangled and out of tune," and men usually clear headed, were sadly muddled next day; in fact the entire delegation seemed considerably demoralized by this first dip into Stark county politics. Then there were s'everal instances of men astray ; the morning light found Wyoming men at Osceola, and Osceola men at Wyoming. One of the latter had bought a pair of "bran new store pants" at Hennepin for the occasion, but in the " melee '.' of the frolic, had lost almost every button off them ; and, writes a correspondent, *' the way he was tied and pinned together when he reached hoiiie next day, was marvelous to behold." How the opposition, "the knot of men at the hub " behaved themselves, history sayeth not, but it is to be hoped, in more dignified fashion than the men at " the extremes."

The first election for justice of the peace, is said to have turned upon something of the same local issues, the opposing candidates being, respectively a Wyoming man and an Essex man. At this date there were but two voting places in the county, one being the Essex school house, the other the Osceola school house.

Tjie Wyoming- and .Spoon river men went to the Essex settlement, but foLinl tliL^ op|)ijsition out in strong- force, probably outnumbering- themselves, so to carry their point they resorted to a bit of strategy M'orthy of the politician of later times - more shrewd than honorable certainly. TJiey beg-an to examine the call and notices for the election, and i)ronounced tliem insufficient to secure a legal election ; and implying- or expressing- reg-retat the disappointment, left without casting- a vote, and their unsuspecting- opponents did the same thing-. Pteturning- to Wyoming- tliey got into wag-ons and drove with all speed to the Osceola school house, where they arrived about an hour before tlie polls closed ; and upon making- oatli that they had not voted that day upon the issue involved, tliey ^\'ere allowed to do so, and the Wyoming man was declared justice of the peace of Stark county, to the great joy of his friends, and equally great chagrin of his enemies.

In recording these reminiscences of the olden time, we are reminded of tlie different spirit tliat animated contending parties then, and no^^'. There was great excitement over these first elections, but little rauear or milignity. Everything- was carried forward in a spirit of fun or adventure. Politics was a game at M'hich they liked to try their hands now and then, local issues, usually being the stakes for which they played. P]very man went in on his merits or his mettle, never on his purse ; it was reserved for politicians of later days to make votes a merchantable commodity, until, to the shanie of this decade be it spoken, when a candidate is proposed for the suffrages of a eonnnunity, the question oftenest asked, is not, whether he be a man of ability and integrity, wlio \\'ill fill tlie i)!ace with credit to himself and i>rofit to the country ; but, can he stand the canvass ? Well may tlie true jjatriot bow his head as he contemplates the results such practices have already brought, and the ruin to which they will ultimately lead. He can read the tale to the sad "finis," in the downfall of all other republics that have done likewise. But this i-< a digression from the narrative of events, for which, perhaijs, we ought to beg the reader's pardon.

Never, perhaps, in the history of the United States has party feeling, genuine enthusiasm, run higher than in 1840; many writers thinking that the canvass, resulting in the election of General Harrison, was the most exciting our nation has ever undergone. And our little county, although then in its infancy and so far removed from the great centers of action, yet felt the force of the wave, and went wild over " Tipi^ecanoe." It was the first time among us that whigs and democrats had really showa their colors and measured tlieir strenj^th. It has been sagely said that " the enthusiasm of the masses is more readily excited l)y the most unmeanin.ij: symbol, than l)y the enunciation of the grandest principle," an(,l this canvass illustrated the truth of the sayin^;:. Coons, log cabins, and hard cider, were everywhere, and men usually the most impassive and sedate committed the wildest excesses.

The whigs had an able and dauntless leader in Colonel Henderson, and enjoyed this time a complete triumph over the Y-An Buren men, who, however, showed a strong front, under the direction of such men as Gen. Thomas, Jas. Holgate, Jonathan Hodgeson, B. M. Jackson ; and also some others, who since those days have seen fit to change their colors. But, we do not propose on these pages to discuss to any extent, recent political movements or changes; proliably no one could do this, and not be charged with bias one way or the other. Forty years hence, when clearer light shall be thrown on tlie record of events now current, some abler pen may be found to do them justice. To the reader who may be curious to know what the i)olicy of Stark county has been through the stirring years of civil strife, or the peaceful years of a wonderful prosi^erity we will say, consult our supplementary tables ; there you can read the record " in figures that cannot lie," of her resources and expenditures, the endorsement she has given men and measures ; wliile her patriotism is attested by the hosts she sent forth to do battle for the old flag. We prefer to talk of the " h)ng ago," and to preserve so far as may be, the annals of our early existence as an organized comnumity. Thus, from these first elections we shall pass to notice the courts that Avere immediately institutetl. The i)lace of holding theni was fixed by the county commissioners, at the house of Colonel Henderson, al)out one mile south of the present site of Toulon. This was probably as near the center of the covmty as any aceommo;lations for sucli purposes could be found, and they were holden there until March, 1S42, when, j|the county seat having been located in May, 18U) they were transferred to the house of Benjamin Turner in Toul')n, where they continued to b3 holden until tho court liouse was completed, whicli was January, 1848.

The first session of the circuit court was held in October, 1S89, by Judge Tiiomas Ford, a man thoroughly respected by all classes of community, both for the evenhanded justice he disl>ensed from the bench, and tlie stainless integrity that ever characterized him as a i)olitician. .John AV. Henderson, though not yet having attained his majority, acted as clerk for this term of court, and the grand jury was composed of the following individuals : Luther Driscoll, foreman ; Asa Currier, Henry Seeley, Samuel Love, Samuel Seeley, John Finley, William Porter, Sumner Shaw, John Hester, D.wid Simmerman, Nathaniel Swar'z, Adam Day, Adam Perry, James jNIcClennahan, William W. Drummond.

The first petit jury, also selected by the county commissioners, consisted of the following persons : George Eekley, Jacob Smith, "Washington Colwell, Calvin Powell, Elijah Elsworth, Daniel Hodgeson, Jeremiah Bennet, Robert Shaw, Nicholas Sturms, Isaac Spencer, James Buswell, Horace Vail, Samuel Harris, Henry McClennahan, Minott Silliman, Nehemiah Merrit, Christopher Sammis, Thomas Timmins, Thomas S. Clark, Washington Trickle, Josiah Moffltt, Milton Richards, William Brown and David Cooper.

General Thomas J. Henderson, in an address before referred to, .says: " I can hardly remember where these juries met, but think one of them at least occupied a log- crib or stable belonging to my father ; however, I do well recall that the first lessons in jurisprudence which I received, were taken in a board loft, looking: down through the cracks, upon that most dignified and august tribunal, the first circuit court of Stark county !"

By the provisions of the constitution of 1818, the legislature on joint ballot appointed the judges of the superior and inferior courts. The supreme court consisted of one^ chief justice and his associates, and the legislature had the power to appoint as many judges of inferior courts, as in their opinion, the needs of the state demanded. All these judges held their office during good behavior, and had the power to appoint clerks for their respective courts. Thus, Judge Ford held his place by virtue of legislative appointment, the judiciary not being elective till 1848, when the constitution of our state was changed. He was also appointed one of the judges of the supreme court in February, 1841, and resigned the position in August, 1842, in consequence of his becoming- a candidate for governor of the state, to which office he was elected. "The ninth judicial circuit," included Stark county after February 13th, 1841 ; at that date it was added to the circuit and took the place of Henry county, which had been previously part of this, but was now set off to the sixth judicial circuit. The " old ninth" after 1841, consisted of Peoria, Marshall, Putnam, LaSalle, Kendall, Kane, DeKalb, Ogle, Bureau and Stark ; itself quite a domain, over which the judges and lawyers were compelled to travel by carriage or on horseback, arm?tl to the teeth, and pre- pared for every emergency, meeting in tlieir rounds witli adventures enough to till a volume of anecdote illustrative of those days. After the resignation of Judge Ford, John Dean Caton was appointed in his stead, on the twentieth day of .Vugust, 1842, and C(nitinued to hold the office until the adoption of the constitution of ls4S. During this ])eriod, however. Judge Young once j)resided here, viz, at the May term of lS4o. He was a man of marked ability and varied acquirements, and of manners so courteous and fascinating withal, that to meet him once was to remember liim ever. He was clerk of the house of representatives and commissioner of tlie general land office. He never came this way again, audit is said his sun set at midday, his brilliant life ending sadly enough in an asylum for the insane. During the administration of Caton, there was cpnte a strife over the appointment of circuit clerk - the asjiirants l)eing John W. Henderson, whig, and Oliver Whitaker, democrat. Caton being a democrat, appointed Mr. AVhitaker, who held the office under this appointment until a change of law made it elective, when he was again chosen by tlie people, and served every term till November, 1852, when he was defeated by Jefferson Winn. Judge Koerner was the successor of Judge Caton, and the last judge who presided here prior to the constitutional change of 1S48. The first elected to the ninth circuit, was Judge T. L. Dickey. Anotlier change placed .Stark in the tenth circuit. Judge Kellogg presiding - Judge Wead having l)een elected, but did not serve. In 1863 we were ranked with the sixteenth judicial circuit, and .Judge Onslow Peters of Peoria, was called to tlie bench. Next Gale, also of Peoria, who resigned witliout serving. Since which time w^e have had in the order named : Powell, Merriman, AVilliamson, Puterbaugh, and Cochrane ; all from the Peoria bar.

In the earlier years of Stark county's existence, the terms of court, as might be expected, were very brief as compared with the present ; often only a day or two, and never for many years, exceeding one week. Then the advent of the "circuit lawyer" was looked for as confidently as the circuit preacher, and some names deservedly honored in the tribunals of our state adorned the roll. Among these, we recall Knowlton, Purple, Peters and Manning-. At the date of tlie jn-esent writing, it may be said judicial proceedings have kept pace with the increase in population and wealth - the term extending to three weeks, !<emi-annually, and still cases left over. The business is now done almost entirely by the resident l»ar. Of this 31. Shallenberger is the senior member, having resided and practiced law in Stark and adjoin- ing counties since 1847. IMiles A. Fuller, a man of near the same age, has been a resident of the county since its formation, but only a practitioner of law for thirteen year.-. Mr. ^\iller was for many years county clerk, has rejjrescnted us in the legislature, and tlie constitutional convention of ISGO. James IT. Miller, the present county attorney, though he has practiced l)ut a few years, has won considerable rei»utation as an attorney. AV. W. Wright, our i^resent county judge, is also an attorney and counselor at law. These gentlemen all reside at the county seat. At Bradford is Mr. B. F. Thompson, formerly a representative from this district, and a popular captain in the one hundred and twelfth regiinent of Illinois volunteers ; also 3[r. .7. Bush. At Wyoming, Fargo, Decker and Thomas constitute the legal fraternity, and at Toulon, among the young aspirants for distinction in this line are F. A. Prout and Creighton Wright.

As we were for a long time included in the ninth judicial circuit, so we are now in the ninth congressional district, though but recently in the tifth. The Stark county men who have represented their district in the state legislature, may be briefly enumerated in the order of their service, thus: 1840 - Colonel W. H. Henderson. 1S42 - The member not from Stark. 1S44 - Barnabas 3[. .lackson. L^4{; - (Jeneral Samuel Thomas. bS4S - Jolm W. Henderson. bS.'>o - Xo member from Stark. isr)2 - Xo mendjer from Stark. bsr,4 - Thomas J. Henderson. ISjK; - M. Shallenberger. lS.-,s - Myrtle ii. Brace. 18()() - Theodore F. Hurd. bS02 - James Holgatc 1S(;4 - R. ('. Dunn. bSOG - Sylvester F. Dtman. lS(;,s - Bradford F. Tliompson. bSTO - Miles A. Fuller. bS72 - Cyrus Bocock. 1K74 - A. ii. Hammond.

Stark county also sent Thomas .1. Henderson to the state senate in 18;")(}, and as has been stated in another connection, Allies A. Fuller to the constitutional convention in l.S()i). It has never yet been pennitted a representative to congress or a circuit .ludge ; Peoria county, to which it is joined, verifying the adage, "the big fish will eat up the little ones."

As our county is now sujiposed to be fully organized and equipped for its future course, we may glance for a moment at its surroundings and natural advantages ; and these are the real advantages that make progress easy or possible; with these in our favor, imi»roveiiient is but a <|uestion of time and brain; but witli nature agaiu'^t us, life is an almost hopeless warfare, as inany on the plains of Kansas and Nebraska can testify. Xo skill or forethought of man can ward off the results of droughts or hot winds, or fortify tlicir farms against the inroads of liordos of grasshoppers. ]jut with such enemies the settlers in Htarlv county never had to contend. They found a fertile soil, refreshing shade, pure water, and a healthful, although valuable climate, waiting to receive them. But more of these things hereafter. It is easy and common, and in one sense correct, to describe our area by saying it consists of eight townships, each six miles square; that the names of these townships are respectively, Palmira, Osceola, Goshen, Toulon, Penn, AVest Jersey, Essex, and Valley. This, liowever, conveys but a vague idea to friends in eastern states or in foreign countries, to whom our jargon about townships, base, and meridian lines, our thirteen and fourteen north, of range five and six east, &c., &c., is as unintelligible as a foreign tongue. Let such then, obtain a map of Illinois, and they will find us favorably situated, considerably north of the middle of our state, having for neighbors, or boundaries, as you please, Henry, Bureau, Marshall, Peoria and Knox counties ; all possessing the same general characteristics of soil and climate, the same thriving population as ourselves. Then let our friends imagine, if they can, a beautiful expanse of undulating surface, more than one hundred and eighty thousand acres of arable land, dotted here and there with stately groves of native trees, w'hile far and wide on every liand, in isio, spread the pathless seas of grass begemmed with flowers ; but in 1875, behold instead, the nodding grain and waving corn in countless fields, proclaiming " our farmers are princes," and presenting to the eye of the observer ever varying forms of beauty, and during summer and autumn every varying hue of color, frc^n russet brown to freshest green. As further autlKjrity on this point, we quote again from Clittbrd's " History of Stark County."

" The ideas once entertained of our i)rairies were widely variant from their true character. Instead of their being low, marshy swamps, they are high, rolling, arable meadows, and present to man the most beautiful aspect of finished nature ; the perfection of the creation of the material world, the prairie with open bosom invites the husliandman to draw from it endless sui)plies of nourishment with tlie least possible labor. Without any perceptible impoverishment, its bounteous richness seems adequate to the wants of a whole world of appetitive beings. Centuries upon centuries must have l)een required to i>erfect the work of drifting from the northern and eastern i)art of the continent the elements which enter into the composition of our Illinois soil. The richness of a continent has been drained and deposited u[)()u the coal bearing rocks of the west, by the " drift agency," to the depth of sometimes several hundred feet, in such a manner as to produce the best conceival)le agricultural regions. Tlie productive wealth of our i>rairie soil would seem inexhaustilile for centuries to come ; if tlie surface should become weak and poor, agricultural chemists and geologists inform us that we may strengthen and renew it by throwing up the subsoil, and continue thus to renew it until we reach down to the coal l^earing rock ; of course there will have to be great improvements in subsoil plows to raise the soil from any such depth, and until something of the kind is invented it might be advisable for farmers to preserve the surface as long as i)racticable by rotation of crops and invigorating agencies. This vast deposit of drifted materials has l)een spread over the surface in a manner to challenge our admiration of the i>erfection with which the work has been accomplislied ; so even and just have been its distribution and so well designed the plan for its preservation, we can find no other spot on the face of the globe that rivals or a})proaches it. It was not laid upon the mountain side to be washed away to the ocean, but spread in gentle undulation over an even surface, sufficiently sloping to escape inundation; and for centuries it has fattened on itself by consuming its own productions. 8uch in a word is the fertility and dumbility of the prairie soil of jllinois and of 8tark county. Illinois has been called the garden of the west ; may we not say in addition that Little Stark is the garden of Illinois? iJr. Kirtland, of Ohio, .says: 'The state of Illinois with its prairies, groves, lakes, flora and soil, is a most perfect garden of itself, on a scale so unlimited and in a style so inimitable that all attempts of man at changing or improving, look like i)uerile efforts at marring the beauties furnished him at the hand of the Creator.' For those whose spirits are pure, who love the works of nature in their expanded beauty, no scene can more excite their admiration, or more delight their senses than a vitw of a western prairie at spring tide, when in its native and wild loveliness, it bloomed and blushed in the beauty of maiden innocence. Every day did it array itself in fresh garlands of flowers, so that the eye never wearied through its unchangeable appearance, but continually dwelt upon its ever varying beauties with swelling emotions of delight and intensified admiration. Daily new 1)looming flowers besj)angled the green lawn, ever presenting to man an infinite variety of forms of loveliness. Such in short, was the western prairies, of which human langviage limjis an ineflPectual description." And at the present date, groves the husl)andman has planted and nursed,

So the old notion that tliis county wouhl some day suffer for lack of timber is forever exi)l()ded. Yet tliis was a real fear in the minds of many during tlie iirst settlement.

.So intelligent a i)ioneer as Benjamin Smith, is said t*^ have left his first location at Fraker's Grove, '' because there was not timber enough there to support schools and churches."

Of course, our systems of railroads, oj^ening- up to us the pine forests of the north for l)uilding and fencing- purposes, conveniences that hardly came witiun the pioneer's ken, have rendered us nearly independent of native lumber, while exhaustless coal beds put the question of fuel forever at rest. Nevertheless, we cannot spare our native groves ; if we are not compelled to saw them into boards or burn them in order to be comfortable, we can afford to preserve them that they may subserve our interests as they were designed to do, in more subtile but not less important directions, in securing desirable atmospheric changes, and protecting the earth's surface from suffering too rapid an evaporation of moisture.

It has been the fashion of soma writers to speak disparagingly of our trees. " We have nothing worthy to be called majestic trees," says one. Well ; another has said " all things are comparative," and perhaps with the pines of California, those giants of the Pacific slopes, or with that historic tree on the banks of the Indus, beneath whose protecting arms we read, Alexander sheltered an army, ours may not compare, but they are useful, and great, and grand, for all that.

And when at the call of siiring the tender leaves and sprouting grass come forth, and wild plum and crab apple don their perfumed robes of i)ink and white, with hawthorn, dogwood, and red Inid following in their train each with a wealth of bud and blossoms ; while anemones, Inittercups and violets gem the earth beneath our feet, we need hardly sigh for pleasanter resorts or more inii^osing trees - for above all these spring- time beauties, tower the oaks and maple<, the walnuts, liickories and elms, that make up the mass of our woods.

And it can be decided by reference to the maps, that our territory is well watered, although we can claim no navigable rivers or great water power for manufacturing and milling purposes. Spoon river, did at an early day furnish many available mill seats, and would i>robably still be turned to greater account in that way, had not experience taught our settlers that steam pow- er is a surer (lependence liere, and cheaper in the end. This stream rises n(n-tli of our lines, in tlie form of two branches or " forks," one taking- its rise in Henry, the other in Bureau county. Tlie east fork traverses Osceohi, the west, Ehuira township uniting tlieir waters a little above Modena, in Toulon township - which place has long been known as the seat of Fuller's mill. It continues its course through Toulon and Essex townships and receives the tribute of Indian creek before i)assing into Peoria county, and that of AValnut creek soon after, the latter traversing most of Goshen and West Jersey townships. Valley has Camping creek and Mud Ilun. Besides, we have Jack creek and Jug Run, Cooper's Defeat and Fitch creek ; not a very euphonious nomenclature surely !

But it would probably be difficult to change it at this day. These names were doubtless suggested to our pioneers by current circumstances ; what the circumstances were it is nf»w hard to determine. The name Spoon river, has V)een a riddle to many. But, as this stream was know^i and settled near its mouth long before its windings had been traced through these parts, it is fair to infer that it was named in the neighborhood of Havana.

The Indians called it " ^Maquon" or Feather river, and it is to be regretted their nomenclature was not adopted, in this as in many other instances. Walnut creek, doubtless takes its name from Walnut Grove, in which, or near which it rises ; and as its course lies through a fine growth of this timl)er, the name seems appropriate, as was also that of Indian creek when first seen by white men - many Indian villages being located along its banks, relics of which remained till quite recently.

Mud Run and .lug Riin an' suggestive of nothing pleasant to a correct taste, while the legends concerning Jack creek and " Coojjcr's Defeat " ar(! so contradictory that one is at a loss what to accept, or wiiether to reject them all, as unworthy of notice. But whatever we may tliiidv of the names, the streams are invaluable to us, furnishing supplies of water for the flocks and herds of the farmer, marking their courses Ijy lines of increased verdure and fertility. Many of these are truly beautiful and romantic, sometimes running between high overhanging liluffs, adorn(!d with trees and vines in profusion, and again at another part of their course reaching the open i)rairie, dance in the uninterrupted sunlight.

These streams are none of them so rapid in their currents as those that traverse rocky or mountainous regions ; yet few, if any, are slow enough to allow of standing water, unless when the extreme heats of autumn have so reduced their volume, as to make them a succession of dreary pools. This, however, seldom happens ; when it does, the dwellers near by have to fortify themselves against ague or malarial fevers. These diseases used at times to prevail to a great extent, when the surface of the soil was iirst broken and a rank vegetation was everywhere to decay. In 1838 they swept over the country with epidemic force, and a large proportion of the population was prostrated. But few, if any deaths occurred, however, from these complaints. In 1840, sickness assumed a much more serious type, dysentery in its worst form prevailing in some of the settlements, and typhoid fever in others. Both were attended with great fatality. In 1846 fever and ague, perhaps, made its last general onslaught on the settlers of Stark. At this date one tirm of pioneer physicians claim to have had fifteen hundred cases of this kind under treatment, and to have used in one season over eighty ounces of quinine ! for which unheard of prices had to be paid, as at times even the Chicago market was exhausted, so great was the demand throughout the state. There exists now in the minds of many, what we can but call a prejudice against this remedy, for a more careful investigation of the demand of the human system under given conditions, and a more thorough study of the history of malarious countries will convince the most sceptical, that such regions could never be populated without the aid of quinine or its equivalent, Peruvian bark.

But danger from malaria is pretty much a thing of the past ; our jNI. D's have long held it under control, and dread it no more than an outbreak of measles or whooping cough, which latter ailments, some consider necessary to the perfection of the race. And our county has been singularly free from more serious epidemics for many years. Small pox, cholera, scarlet fever and diptheria have all made their appearance at some time in our history, but only in sporadic cases, never assuming the proportions of epidemics. And although sickness and death are here, as everywhere, they may often be attributed to an ignorance of, or disobedience to the laws of health, and seldoin to tlie influence of climate, which though subject to the extremes of heat and cold, may yet be considered in the main, healthy and invigorating.

These groyes were all marked jilaces ; in the early settlement of the county their names were familiar to western men while the prairies were yet terra inrrx/nito.

The lirst roads struck from point to point of timber as directly as possible ; and for this, many good reasons could be given. The first public traveled highwiiy (made })y white men) in Stark county, was a state road from Knoxville to Galena ; it crossed Walnut creek and struck the present western line of our county near the south-west corner of Goshen township. Then it made for the timber south of the present site of Toulon, near the old residence of Elijah ^NlcClennahan, sen., the place, so famous as a political rendezvous, now owned by Benjamin Turner, Esq.; thence to the grove near Holgate's, thence to Boyd's grove, to Dixon, &c., &c. Many a man still living can recall how in the years long past, when bewildered on the ijathless prairie, perhaps half blinded by the driving storm, he strained his eyes to catch in the dim distance the outline of some grove - the only l)eacon to guide his steps ; and perhaps his only hope of food or shelter lay in finding the cabin nestled within its bosom. Such men can tell you how the lines of travel came to converge at these points of timber. Indian trails, and there were many of them crossing our county, were of great assistance to the first settlers. They were narrow, sunken roads, sometimes almost trenches worn by the feet of the savages and their ponies always going in single file ; they led as directly from point to point as the nature of the ground permitted, the routes being wisely chosen, and the water courses easily forded on these trails, and your genuine pioneer trusted them implicitlv.

But the traveler through our woods or prairies no longer needs their guidance, nor has he to consult the sun or stars, or carry a pocket comijass by which to steer his course. Our present system of highways is perhaps as good as could be devised. They intersect every nook and corner of our territory, and a large amount of time and money are spent annually to keep them in repair. But this is a hard country in which to secure good roads for all seasons. (Jurs cannot l)e surpassed sometimes. Level and smooth, almost as a race course, they seem perfectly adapted for light carriages and invite fast driving as few other roads do. But see them again, esi)ecia]ly in the early spring, and to use a current ithrase," tlie bottom seems to have fallen out," they are almost or altogether impassaljle on account of mud ; and such mud ; only the rich alluvial deposit of the drift region can furnish sucli ; and while these qualities of the soil are the basis (jf our prosperity,

But we will hope the future may develop some genius who will either invent or discover material to make solid roads across our prairies ; this fortunate individual would not only amass wealth for himself, but would properly be deemed a public benefactor.