Tazewell County, Illinois - Chapter 2: Important Labors of the County Commissoners' Court, 1879

First Meetings

THE FIRST meeting of the County Commissioners' Court of Tazewell county was held at the house of William Orendorif, April 10, 1827. Mr. OrendoriPs cabin stood in the edge of the timber just south of the present village of Hopedale. Jas. Lotta, Benjamin Briggs and George Hittle, the Commissioners, were all present. They seemed to have had the county's interest solely at heart, and their proceedings attest that they were judicious, honest and upright officials. They were sworif in on the previous day by William Orendorff. Justice of the Peace. Who it was that administered the oath of office to him we are unable to learn, but all things must have a beginning, and we surmise that after 'Squire Orendorif had administered the oath to them, he in turn was sworn to faithfully perform the duties of his office by one of the Commissioners.

The records of this Court open with the simple statement that the Court held a "special term April 10, 1827." It gives us no information whatever concerning its organization or previous history, but, like the Holy Scriptures, begins with unqualified statements and records its acts with greatest simplicity.

The first order of the Court was, "that Mordecai Mobley be appointed Clerk." Bonds for the faithful perfijrmance of the duties of the office were immediately demanded, whereupon William Orendorif and William H. Hodge stejjped forward as his surety. The second order was to the effect that the Court be held at the house of Ephraim Stout, in Stout's Grove, until public buildings could be erected. This grove is located in the northern part of McLean county, but at the time was a portion of Tazewell.

Another special term of the Court, being the second meeting, was held Wednesday, April 25, 1827, with all the above named Commissioners present. John Benson was appointed Treasurer, William

Orendorif and Absalom Funk going on his bond. At a meeting held the following day, William Orendorif was allowed $7 to replace the money expended by him for advertising for the formation of Tazewell county.

"Be it remembered that we, the undersigned, Commissioners appointed under the authority of the ' act creating Tazewell county,' to locate the seat of justice for the aforesaid county of Tazewell, agreeably to the provisions of said act, having satisfactorily explored and examined the county with that view, do unanimously agree upon and select the northwest quarter of section number seventeen, township 24, north of range 2 west of the Third Principal Meridian, as the seat of justice of said county, - the court-house to be situated at or near the spot where the said Commissioners drove down a stake, standing nine paces in a northeastern direction from a large white oak blazed on the northeastern side.

The site selected was that of the present village of Mackinaw. It was christened with the Indian name of the river near which it was located. Neale and Fletcher each received $13.50 for their labor of locating the county-seat, while, for sqme cause unknown to us, Ewing was paid more liberally, he receiN^ng $19.50.

First Tax Levy

Thursday, April 26, 1827, the Commissioners again convened in official capacity. A revenue to defray the expenses of the newly organized county must be raised. Accordingly a tax of one-half of one per cent, was "laid on the valuation of the following description of property, to-wit : On slave or indentured negro or mulatto servants; on pleasure carriages, distilleries, stock in trade; on all horses, etc., etc." There was not at that time any levy made upon real estate.

Mackinaw Laid Off

William H. Hodge, County Surveyor, was ordered "to survey and lay off the town of Mackinaw." This was to be completed by May 20th. The Clerk was ordered to have an advertisement inserted in the Sangamon Spectator for three weeks, to the effect that on the second Monday in June, 1827, a public sale of lots in Mackinaw would be had. He was also ordered to have 100 handbills of the same nature printed. Thus we see the pioneer fathers appreciated the good results of advertising.

According to the time specified, June 11, the settlers gathered from all parts of the county upon the site of their proposed town and county-seat. No doubt they looked forward with fond expectation for a bright and prosperous future for their capital. This, however, they peacefully enjoyed but for a short season, for soon the public buildings were removed elsewhere, and the flattering prospects of Mackinaw were overshadowed. Lots were sold on a credit of four, six and eight months, and we should judge at unusually large figures.

Mathew Robb was appointed "cryer," - for which service he received $1.50 - William Lee, clerk, and the great sale began. Abraham Funk bid in the first lot, being lot 1 of block 1, for which he gave the handsome sum of $51. The sale went on, evidently with considerable animation, for good prices were obtained and ready sales made. The following is a full and complete list of lots sold, with name of purchaser and amount paid :

Petitions For Roads

A meeting of the Court was held at Stout's Grove, Monday, June 4, 1827, Commissioners Hittle and Lotta being present. William H. Hodge brought in his bill for surveying 93 lots in Mackinaw, which, amounting to $35.50, was ordered paid, although we are at a loss to know where the funds came from, as we have no record of any being raised previously.

For several years the petitions for roads occupied a very large proportion of the Court's time and attention, and consumed more space to record than all other proceedings. They are similar in construction and it would be useless, and worse, to speak of them as often as they occur. We give, however, as a fair sample, the first one presented, which was at this session. It was oftefed by George Hittle, and was " for a road from Mackinaw, the county seat, the nearest and best route to where Christopher Orendorif is building a mill on Sugar creek, thence as near as practicable on a direct route to the bridge over Kickapoo creek. Which was read and ordered that said route be viewed, marked and staked, and that Robert McClure, Mathew Robb and Mara Stout be appointed to view, mark and stake the same." These gentlemen viewed the route and returned a favorable report, and were allowed for the three days' labor it took, $2.25 each. Rob't McClure was given 75 cts. extra for " furnishing wagon to haul stakes in for three days."

At the regular term in June, 1827, the Commissioners divided the county into election precincts as follows : That part of the county east of the third principal meridian and north of township 22 composed Blooming Grove precinct ; all south of township 23, east of the third principal meridian and including also one range west of the same line, to the southern boundary of the county, comprised Kickapoo precinct ; all lying west of range 1 west of the third meridian and south of township 23, composed Sugar Creek precinct ; all west of the third meridian and north of township 22 and east of range 3 west, composed Mackinaw precinct ; all west of range 2 west and south of the center of township 25, and north of township 22, composed Sand Prairie precinct ; all west of range 2 west and north of the center of township 25 north, composed Ten Mile precinct.

Places Appointed For Holding Election

Election was ordered to be held in Blooming Grove precinct at the house of John Benson, and William Orendorif, Henry Vamickle and Ebenezer Rhodes were appointed judges.

For many years there was a constant change going on in regard to election precincts and road districts. At almost every meeting of the Court some alteration was made.

First Court-House

Tuesday, June 26, 1827, H. Warren, editor of the Sangamon Spectator, brought in his bill for advertising the sale of lots at Mackinaw, which, for six insertions, and 100 blank notes, 100 blank bonds and 100 handbills, amounted to $16.62J. This the Court deemed just, and directed the Clerk to draw an order on the Treasurer in favor of Mr. Warren for said amount.

On the same day the Court proceeded to let the contract for building the court-house. The following specifications of this structure are spread upon the court records :

"The body of the house to be of hewn logs 24 feet long and 18 feet wide ; the logs to face at least one foot ; one story and a half high, nine feet to the story. The roof to be of joint shingles well nailed on ; two batten doors of black walnut plank, one inch thick, to be hung with three-inch butts. The doors to be well cased with good timber. Two twelve-light windows in the first story, and one four-light window in the end of the house in the second story. The window lights to be 8 by 10 inches ; the windows to be well cased, glass put in and put in the house, A lower floor of puncheons well hewed and jointed. A floor overhead of sawed plank one inch and one-quarter thick. Ten joists to be put in the house, 5 by 7 inches, to be sawed or hewed. The house to be well chinked and daubed, and the corners sawed down. The gable ends to be weather-boarded with shaved boards. Each window to have a shutter made of oneinch plank, and the same to be hung with two and one-half inch butts. A chimney place to be sawed out at one end of the house, say the four lower logs seven feet wide. The whole to be completed in a workmanlike manner on or before the first day of October next."

The bid for the construction of this building was " cried off to Amasa Stout," he being the lowest bidder and agreeing to erect the house for $125. Evidently the contract was let in the manner of the present mode of selling goods at auction, save it was " knocked down " to the lowest instead of highest bidder.

This court-house was rather an imposing structure for the time, being a story and a half in height, with glass windows. True, the architecture was not of ancient grandeur or elegance, nor of our more modern style ; but we doubt not, when the building was completed, it was looked upon with as much pride as the people of to-day view the showy structures built after the latest and most improved plan. The site selected was lot 1 of block 11.

Hospitable Commissioners

George Hittle, one of the Commissioners, was allowed $1.50 for helping lay off the town of Mackinaw. He was also allowed $1.25 for money expended for whisky on the day of the sale' of lots, - thus evincing that the Commissioners were liberal and hospitable. They would not invite the settlers to a wild, uninhabited place to attend the sale without providing refreshments. John Benson, County Treasurer, was given $24.50 for taking a list of the taxable property and assessing the taxes for 1827.

First Grand Jury

The following are the names of the gentlemen composing the first grand jury. They were appointed in June, 1827, to serve at the October term of the Circuit Court :

Change Of Treasueer

William H. Hodge returned into court, during the month of August, 1827,«the amount of taxes he had succeeded in collecting, which was $100.67. He was allowed for his services seven and onehalf per cent, of this sum. Thus we see the compensation for riding over what is now five or six counties, and collecting the yearly tax, was but a little over $7.50.

At the March term, 1828, the County Treasurer came into court and settled his account with the county, handing over to the Commissioners county orders to the amount of $4.81J, and $15.00 in money collected on fines. Mr. Benson then retired from the arduous duties of a public official to the humbler sphere of private life.

Another Treasurer must be selected, and a very singular method was adopted for choosing Benson's successor. The office was let to the lowest bidder. The man who would agree to accept the position for the least amount was the one selected. The record puts it in the following terse language : " The Commissioners proceeded to let out to the lowest bidder the office of County Treasurer for the present year, 1828, which was purchased by Isaac Waters at $21. 87^." There was evidently close figuring for the office, caused, perhaps, by competition, for we see that Waters even divided a cent on his bid. What remarkable changes half a century has wrought in the manner of choosing public officials as well as in every thing else.

At this meeting Jacob Funk petitioned the Court to revoke the ferry license of John L. Bogardus for non-attendance to his duties. It appears that the fault-finding Jacob looked with covetous eyes upon Bogardus, and by pure selfishness was prompted to thus petition the Court. Bogardus was contentedly ferrying the people with their goods and chattels across the Illinois opposite Peoria, while Funk sat upon the bank and sought to find fault that would rob Bogardus of that right, which he would then himself seize. After summoning Bogardus before the Court and a careful investigation of the charges the petition was refused. Unable to gain his point in this way Funk applied for a license at or near the same point where Bogardus was engaged, but the Court desired no competition and so refused the application.

Change Op Clerk

At a meeting March 17, 1828, J. C. Morgan was appointed Clerk in the place of Mordecai Mobley. Whether Mordecai resigned, unceremoniously left, his term expired, or was removed, the records do not say. We only know the change was made. We often wished, as we feel confident all who may undertake the arduous, difficult task of reading these records will also do, that the change had not been made, for Morgan's chirography is not to be compared to Mobley's for correctness or legibility, nor is his orthography nearly so good, and as for punctuation, that is an art Morgan evidently was entirely unaquainted with. We may add that Mr. Mobley has not yet lost the art of writing a clean legible hand and of composing well. After an elapse of just 52 years, lacking three days, from the time he opened the first records of this county, he sends us a specimen of his handwriting in the shape of a letter. Though over a half century of time - the destroyer of all things - has elapsed since he first recorded his name in the Commissioner's Court records, yet he writes quite as clearly and evenly to day as he did then.

First Saloon

The first "tavern" license was granted at this term of the Court. A tavern in those days was a combination of an inn and a saloon. The proprietor, however, did not expect to derive any great revenue from the hotel, but looked to his liquors for an income. Many of these " taverns " were the smallest of log cabins. Here and there all over the country, sometimes miles from any other cabin, they might be found. Some of them were indicated to be such by signs nailed to a post, tree, or to the side of the cabin. These were of the rudest make and design. Some simply had the word "entertainment" scrawled upon them, while others, more explicit, read "entertainment for man and beast." Some were still more definite, and said simply, "whisky and oats." The storms of a half century, the advancement of civilization, the culture of the age, have all combined to transform these rudest of signs, scribbled by an uncultured pioneer upon hewn boards, into gilded and glittering letters artistically traced upon French-plate glass.

The name by which the place was known where liquor was vended was shortly after this changed from "tavern" to "grocery" or " groggery " and subsequently assumed the appellation of " saloon,"

On the 3rd day of March, 1828, Rufus North, Jacob Funk and Jonas Hittle applied for tavern licenses, which, upon filing good and sufficient bonds, and paying into the county treasury the sum of $2.00, were granted. They were restricted by the following rates established by the Court immediately thereafter granting said licenses :

These as will be seen were moderate charges, and evidently the tavern keepers thought the rate established for lodging was too moderate, for we find it was soon raised to 12 J cents.

The Jurisdiction Of The Court

It now appears that while Funk was providing entertainment for man and beast, his neighbor Bogardus had his ferry license, which he had obtained from Sangamon county, proved and spread upon the records here. He also secured the passage of an act prohibiting any one to establish a ferry within one mile of his own.

Bogardus was evidently an old and extensive operator in the ferry business, for we find he held his license granted while Tazewell county was under the jurisdiction of Sangamon, and further, we find on Sept. 5, 1828, he made application to this Court for another ferry. He selected, as the most remunerative place for his branch ferrj', the Illinois at the mouth of Fox river. It must be remembered that Tazewell county at that time spread over a vast extent of territory. The entire northeastern part of this great State was under their control. Old settlers have told us they well remember when Tazewell county constables were dispatched to Chicago to summon men to appear at the courts of this county.

Yes, though unlearned in law and unacquainted with science and literature, the Commissioners held jurisdiction over a large district, and that they conducted the public affairs rightly, and built a firm and solid foundation upon which the future prosperity and greatness of this portion of our beloved State should rest, can not be gainsaid. This is plainly evident from the unparalleled strides made in agricultural and mechanical progress ; from the hundreds of thousands of busy inhabitants now dwelling within this territory ; and from the vast stores of wealth accumulated solely from resources within it. Those great and unconcealed wonders reflect honor and credit each day upon their founders ; and as days and years multiply, when the same territory over which they presided shall be teeming with millions of earnest and energetic people, then will greater honors and more exultant praise and adoration be expressed for the brave, sturdy pioneers who explored and opened up a region so prolific, and founded a community that for genius, enterprise and wealth will in the near future out-rank many older settled countries, and indeed will vie with many kingdoms of the earth. Then these vast prairies will be cultivated as a garden. Every forest tree and woodland will be utilized, and populous cities with numerous factories and vast stores of commerce may be numbered by the score. Then will the modes of travel be superior to the remarkable railroad facilities of to-day, and transport the increased products with greater facility. Indeed, everything shall then be as different and as superior to what they are at present as the things of to-day are as compared with those of fifty years ago. Our readers may regard this as wild and unreasonable speculation - as wholly visionary ; but they are only the conclusions deduced from a careful study of history - of a comparison of what has been accomplished, with certain advantages, with the results that the superior advantages now enjoyed will as certainly accomplish.

First Court-House Occupied

The May term, 1828, was convened in the new court-house. Whether or not the Commissioners were pleased with the work we do not know. They spent no time in passing wordy resolutions commending the architect's skill, or otherwise expressing their opinion of the work, but immediately proceeded to their official business. We fear, however, that at the present time, if a court was convened in such a structure w^e might look for resolutions, emphatic and strong, condemnatory of it. The building rested upon piling a few feet from the ground, and beneath it many stray hogs found shelter. From the continued wallowing quite a basin was formed, which was often filled with water. From the burning rays of summer's sun hogs Avould seek this cheerful spot and lazily roll around, enjoying in fullest measure the refreshing bath. The floor, having been laid of green oak, soon shrunk, leaving large cracks between puncheons. Through these winter's chilling wind whistled, while in summer the contented hogs grunted a melodious accompaniment to the eloquent appeals and oratory of the pioneer lawyer.

First Jail

Necessarily, as faithful historians, we are compelled to mar the pleasant progress of this chapter by reference to prison bars. It seems as the county advanced in wealth and population the evil principle kept pace with it; and, as immaculate and good as the pioneer fathers undoubtedly were, even among them there were wicked and vicious characters. Accordingly, June 28, 1828, after due notice, the contract for building a jail was " cried oif to Robert McClure, he being the lowest bidder." It appears that Mathew Robb was a partner of McClure' s in this contract.

Robb was a native Kentuckian, and came to Stout's Grove, McLean county, in 1827. That place at the time was the countyseat of this county, and Hon. Mathew Robb was the noted man of the place. He was Justice of the Peace for many years. A couple by the name of John Pore and a Miss Brown concluded to live together for better or for worse, and accordingly Pore called upon 'Squire Robb to perform the marriage rites. The former crossed Sugar creek for the purj)ose of taking Robb over ; but as the weather had been rainy, the creek was high and inconvenient to cross. Pore crossed it on a log while the 'Squire sat on horseback on his side of the stream. Mr. Pore brought his bride down to the creek ; as it was now about eight o'clock at night torches were lit. It was raining at the time, but they paid no attention to that. 'Squire Robb rode a little distance into the water in order to distinguish the bridegroom and bride on the opposite bank, and the interesting ceremony was performed. McClure was born in Kentucky in 1792 and came to Stout's Grove in 1827.

They agreed to erect the building for $325.75, almost three times the amount paid for a court-house. It was to be completed before the first Monday in September, 1829. It was a two-story structure, 16 feet square, made of solid hewn timber, and was one of the strongest and most costly jail buildings erected by the pioneers throughout Central Illinois. Nevertheless, the very first prisoner incarcerated within its heavy walls took flight the same night. This individual,

First Prisoner

It was a horse that belonged to James Willis that Cowhart purloined. Of all bad characters horse-thieves were the most hated by the pioneers, and as soon as it was noised around that a horse had been stolen the settlers set about determined to bring speedy retribution upon the head of the offender. He was soon found and brought back to the settlement and turned over to the Sheriff. This was before the completion of the jail. The prisoner was chained to one of the men and sent into the field to work. At night he was chained to the bedstead. In this manner he was kept for some two weeks. The jail being completed he was carried thither and ushered into the new prison, no doubt with much satisfaction on the part of the injured settlers. The heavy hewn door swung to leaving Cowhart the first and only inmate. What must have been their chagrin when on the following morning they found their prisoner had flown. With the aid of a helper he bid them adieu during the night.

We subjoin the following interesting and detailed account of this affair from the pen of the venerable Nathan Dillon, the first settler of the county. It also very strongly illustrates some of the characteristics of the pioneers. This reminiscence first appeared in the Bloomington Pantagraph in 1853.

Pursuit Of A Horse-Thief

" James Willis and his brother were the first pioneers on Sandy, in the neighborhood of where the flourishing village of Magnolia, in Marshall county, now stands, they having located there as early as 1827 or '28, their nearest neighbor at that time being William Holland, who had already settled at Washington, Tazewell county, where he still lives. One cold Friday in the winter James Willis, who had been boarding at William Hall's, in Dillon settlement on the Mackinaw, started on a trip with a young man calling himself by the name of Cowhart, whom he had hired to go and work for him at his new location. The distance was fifty miles and Holland's the only family on the road. Willis was mounted on a fine horse, well equipped. The day was very cold and when they got to

Crow creek, eighteen miles north of Holland's, Willis dismounted and let Cowhart have his horse, overcoat and equipage, and took the gun belonging to Cowhart, supposing it to be loaded.

" Cowhart mounted, but instantly took the other end of the road. Willis, thinking that a shot from the gun might bring the rogue to a sense of duty, brought it to bear upon him, but upon trial found that the touchhole had been plugged with a green stalk, and so the man, money and equipage disappeared without any hindrance.

"Willis was quite unwell eighteen miles from any house and it was snowing, but he beat his way back to Holland's. It happened that Abraham Hiner, a neighbor of mine, was there, and Willis made out a description of the robber and sent it by Hiner to me, with the request that I should do what I could for him.

" We immediately called our neighbors together and it was agreed that Daniel Hodson, my brothers Daniel, AValter and Joseph, and myself Avould give him a chase, though it still remained cold and it was thirty-six hours after the commission of the robbery, which occurred forty miles away.

" The next morning (Sunday) we started out destitute of any knowledge which way the rogue had taken, struck across the head of the Mackinaw stream through a country all wilderness, and stayed all night at Money creek. It blew up colder in the night, and the next morning the weather was as sharp as it ever gets. We were on the way again by sunrise ; went on to the head timber land of the Mackinaw where we found a little settlement. The good woman where we stopped assured us that the object of our pursuit had eaten his dinner there just about that hour two days before. The ground was bare in places and covered with drifted snow in others ; we were good trackers and took the trail and followed him to Cheney's Grove, where he had stayed over night. Remaining with Cheney till morning we started early and pursued him to Fielder's (near where Urbana now stands). There he had spent the night forty-eight hours previous. The cold Monday, however, already spoken of he had traveled only ten miles, laid by the remainder of the day, disposed of the horse and plunder, and resumed his journey on foot, being one day and ten miles' travel ahead of us. It was in this part of the country that he struck out upon the great prairie, without path or track of any kind. The snow was still deeper and enabled us to keep his track to Georgetown, where he had passed the night previous. We here procured a pilot and pursued him to

Newport on the Wabash. Arriving there at about one o'clock at night Ave put up our horses. We had expected to take him in bed here, but he was up and off. We renewed the pursuit on foot, it snowing all the while ; we soon procured fresh men and horses, and assisted by a good tracking snow, overtook him near Rockville, Indiana. It seemed a hard turn for the poor wretch to right about face, but with a sneaking smile on his countenance he returned with us to the Wabash, where a fine-looking old man approached us with a cup of whisky in his hand, and in a bold, open manner said : ' You have caught the villain.' He made some other remarks and we passed on, Cowhart being betAveen my brother Joseph and myself We observed to him that such talk must be very disagreeable, at which he burst into a loud cry, and the blood gushed from his nose at a greater rate than I had ever seen it flow from the nose of any man. It seemed as if he would bleed to death, but after applying snow pretty freely he recovered and became calm ; but instead of that sneaking smile his face Avore a very solemn air. The first AA'ords he said Avere : ' Had it not been for my old father I should not ha\^e been in this fix ; said he had persuaded him about three years before, and they had agreed to undertake the business, but this AA^as the first time he had A^entured or been caught in such a fix.'

" When issuing out of the Wabash bottom we ascended a steep point Avith deep raA'ines on each side. We noticed him slyly inspecting the grounds. His countenance lighted up as if he Avas about giving us the slip. We told him that if he made such an attempt Ave Avould surely shoot him. He pretended to regard as strange Avhat we said, but afterAvards confessed that he had intended to run doAvn the steep, covered as it Avas with thick vines, and escape by running along the trackless ice in the stream.

" When Ave arriA^ed at the taA'ern at NcAvport it Avas some time before sundown, and as Ave had slept none the prcA'^ious night we concluded to rest the balance of the evening. The bar-room was full of men gathered in to Avitness our movements. Brother Joseph and myself obtained leave of the landlady to take the prisoner into her room until Ave could dry our feet, AAdiich Avere excessively Avet from AA'alking in the snoAV. After some time the landlord came into the room and Avhispered to the prisoner, at Avhich the good lady of the house took umbrage, saying that he had better speak aloud so that we could hear. He then said there Avas a man in the other room that Avished to see him, and I remained a moment to inquire of the woman what was the prisoner's real name. When I repaired to the bar-room I found a young man there writing. I ordered our friends to get our horses, beginning to mistrust the house was no, place for us. About the time we were ready to start the man at the writingdesk proved to be a lawyer, and presented a petition to our prisoner to sign, praying for a writ of habeas corpus. I snatched the petition from the prisoner's hand, saw what it was, gave it to the lawyer and told him to keep it to himself or I would give him trouble ; whereupon he grew saucy, but went back when I walked towards him until he reached the end of the room ; told me, I believe, that I was ' out of order ;' not to touch him. I told him plainly that if I heard another word from him I certainly should slap his jaiv, then left him pale as death and turned to the prisoner and took him by the collar. He attempting to get away, some of the men took hold of me to assist him, exclaiming that there should be no dragging out. I gave him a stout jerk, at the same time Hodson and my brothers Daniel, Joseph and Walter assisted him with a shove, and he went out in short order. AVe set him astride of one of our horses just as the landlord and another man approached, and said we had no business to come there in such a way. The prisoner begged for help. We told him that if he attempted to get off the horse, or if any man attempted to assist him, we would ' blow him through.' With that we left them and got into our own State the same night. Next day we started for home, which we reached with our prisoner, after being out nine days, some of which were as cold as I ever experienced.

"It was the same winter that the jail at Mackinaw was being built ; and the prisoner was guarded by old Jimmy Scott, Deputy Sheriff, until it was deemed sufficiently strong to keep him safely. Soon after he was put into it, however, somebody Mas friendly enough to let him out, and he escaped trial and the penitentiary.

"Now I will just say to my friends: I have shown you in this chapter the way to bring in the boys who steal your horses ; if they are stolen imitate the grit of the deep-snow men, and never give them up until you have them safe."

At the April term, 1829, the Commissioners offered a reward "of $20 for the apprehension and delivery of William Cowhart who was let out of jail, and also the person who let him out." Cowhart proved to be an expensive settler to the county, for, we find the Court gave James Scott $68 for keeping him. For guarding Cowhart, John Hodgson, William Davis, John Ford, A. Wright, William Sampson and F. Seward each received $2, Nathan Dillon $33.68 ; Daniel Hodgson $5, and Martin Porter $1, making a total of $119.68, Avithin $5.32 as much as the court-house cost, and it would have paid the County Treasurer's salary for three years.

First Fine

At the December term, 1829, the first fine received for a violation of the peace was recorded. This was a case wherein Isaac Storms assaulted James Brown. For many years the only cases before the justices of the peace were for assault and battery. The pioneers enjoyed a "free fight" and entered into sport of a pugilistic nature with great interest, seldom resorting to knives or pistols. But when it came to administering law from the justice's bench it was condemned and a fine imposed, however, simply because the law read thus and so.

Estray Pen

One of the curious provisions of the law in the times of which we are now writing was, that stock was permitted to run at large. The Supreme Court of the State reversed the common law idea prevailing almost universally in regard to stock running at large. In consequence of this every man was compelled to fence his entire farm to protect his crops from wandering herds. The decision of the Court required stock to be fenced out instead of in. It would have been much less expensive for each man to have protected himself from his own stock.

Each settler had recorded in a book kept by the County Clerk, certain ear-marks and brands adopted by him for marking his stock, and by which he could identify his cattle and hogs. The vast prairies were then in their native condition, free from fences, cultivation or any sort of improvements. By many they were thought to be worthless for all practical farming purposes, except to furnish grazing for stock. Horses and cattle often wandered into adjoining counties. There were, however, means by which such stock might be recovered. In each county seat was an estray pen wherein all unclaimed and unknown stock was confined. Notice was quite often made of the number, kind and marks of the stock taken up. In

1829 a contract for building an estray pen at Mackinaw was awarded to J. C. Morgan and Jonah Hittle. The pen was 30 feet square and cost the sum total of $13.

Fearless But Feared Commissioners

During the year 1829 the Commissioners pursued the even tenor of their way, granting petitions for roads, ferries, tavern licenses and election precincts ; appointing and removing officers with an inflexibility of purpose that is really amusing. When they investigated a matter there were no palliating circumstances to screen the delinquent. But the judicial guillotine cut off official heads with a refreshing impartiality. Negligent officers feared the power of the " tripple C " more than Damocles feared the hair-suspended sword. They simply and plainly said " go," and the official hesitated not but went at once, and that was the end of it.

The Commissioners commenced the year's labor by decapitating, officially, all the road supervisors of the various districts. Then Abraham Carlock was appointed Treasurer to succeed Isaac Walters, and at a salary of $40, which shows an increase in the emoluments of the office of nearly 100 per cent.

First Saloon In Pekin

In March, 1830, George W. Hinch applied for a saloon license to retail liquors in Pekin. This was the first saloon in that city. The petition requests that " George W. Hinch be allowed to sell all kinds of spirituous liquors by the smaul. "

Boot And Shoe Shop Established

William Walter was desirous of contributing to the comfort of his fellow settlers in the way of manufacturing boots and shoes. To this end he desired the Court to give him lot 8 in block 8 in the town of Mackinaw. The enterprising Commissioners granted the request, providing he would improve and occupy said lot for at least one year.

Sand Prairie Precinct Changed

The citizens of Sand Prairie election precinct petitioned the Court to move the place of holding elections to Pekin, as the "present place of holding elections is inconvenient and oppressive to many citizens. "

Sarah Stout has the honor of being the first pauper in Tazewell county. At the July term the Court gave her to the care of Nathan Dillon for three months, after which time the Court again took her in charge and let her out to the lowest bidder.

In July, according to a previous notice, a clerk's office of the following description was cried ofi* to the lowest bidder : " Building to be frame, 14 feet square, one story high, 9 feet between floors, weather-boarded with planks or boards well shaved ; with one door and two windows ; a plank floor laid down with green plank without nails. Covered with shingles." On the records, but marked over, are the words, " with brick chimney put in it." The judicious Commissioners evidently concluded they could not aiford such a luxury as a brick chimney, and repealed that clause of the specifications. The contract was let to Jonas H. Hittle, for $100.

A Change Of Commissioners

In August, 1831, an election Avas held, when Nathan Dillon, Timothy Hoblit and Isaac Blaken were chosen County Commissioners. The Clerk, seemingly endeavoring to gain the good will of the newly elected dignitaries, addressed them as the Honorable Nathan Dillon, etc. They had scarcely received the reins of government into their hands before they began a system of improvement truly enterprising. The Clerk was immediately ordered " to contract for the building of a good stick-and-clay chimney to the court-house on the most advantageous terms." The next order was to Isaac Baker to procure a good table for the use of the Court. On reconsidering, the whole system of repair was placed exclusively in the hands of Jonas Hittie. Contractor Hittle received the following specific instructions : " On the first floor a bench to be erected in the west end, for the use of the Judge, to be reached on either side by good steps. In front of this bench [which was simply a platform] a bar to be raised consisting of good banisters, and plank arranged for the witnesses' seats. On either side of the Judge's bench to be good seats for the jury, and two movable scats for the Clerk.

"A stairway to be built in the northeast corner reaching the second story. The upper floor to be laid and divided into two rooms by a partition, these rooms to be used as jury rooms. A good 14- light window to be placed in the east end, and the chimney place to be closed up. A cheap cast stove to be purchased and put up in the northwest corner of the room. All the work to be completed by April 10, 1831."

The Court convened in the court-house at Mackinaw in March, 1831, when it transacted its usual routine business of granting road petitions, liquidating pauper's bills, settling up with public officials and attending to various matters; after which the Court packed up their bag and baggage, shook the dust of Mackinaw from their judicial feet and turned their faces westward. They brought up at Pekin, June 6, 1831, in the old school-house on the corner of Elizabeth and Second streets, subsequently known as " the Doolittle school." Just why the Court left their pleasant quarters at Mackinaw, especially after so recently making such extensive improvements in and around the court-house, the records do not state. But from other sources we learn that by an act of the Legislature passed Dec. 25, 1830, the county of Tazewell was divided and McLean county formed therefrom. To further carry out the design of some of the leading spirits in procuring this division, a committee consisting of William Porter, John T. Stuart and Milton Chilton was appointed by the same body to re-locate the county-seat. By the same act appointing the committee, which was passed Feb. 16, 1831, the courts of the county were moved to Pekin, where they should remain until the seat of justice was permanently located.

Thus in obedience to the mandate of higher authority the Court submits with becoming resignation, and not one word of growling or grumbling does it utter so far as we glean from the records. Considerable dissatisfaction was displayed, however, on the part of the citizens of I^Iackinaw at this desertion. They had indulged themselves in the fond hopes of making a great and prosperous city. These hopes and expectations were based solely, almost, upon the influence and advantages of being the county-seat.

The Clerk's office in Pekin was located " in the upper room of William Haines' corner building, occupied by William M. Farnsworth." The Court paid as rental for this room, where it also subsequently convened, |2 per month. These quarters were retained until Oct. 1, 1831, when the office was moved to Gideon Hawley's room, where it remained for a month ; after which the Court was held for a time, as far as we can learn, in D. H. Holcomb's tavern. Thus we have a very striking and altogether significant contrast - a court of justice and a groggery in the same cabin.

The Irrepressible Funk

If the Court thought to escape the importunities of their old petitioner, Jacob Funk, on making the move to Pekin, they soon found they were sadly mistaken. No sooner had they found a room wherein to convene in official capacity than the indomitable Jacob appeared and again importuned the Court to revoke Bogardus' ferry license, A citation was immediately issued commanding the said Bogardus to appear and show cause why his license should not be taken from him. Promptly at the convening of the Court at the September term. Funk was on hand and requested that attention be given to the citation issued against Bogardus. The Court, however, let other matters tak*e the precedence until Sept. 8, when Bogardus appears before the Court and is confronted by Funk and Eads, and, in the language of the record, the " trial is gon into." After hearing the evidence pro and con the Court gravely decided " that the ferry license issued to John Bogardus by the Sangamon county Commissioners and confirmed by this Court is hereby revoked." Thus Funk had at last gained a victory over his enemy, Bogardus, and no doubt was content. Abner Eads, however, was not satisfied with having Bogardus ousted, but applied for a ferry at the same place ; but this the Court promptly refused. Bogardus again petitioned for a ferry across the river at Fort Clark, but the Court not wishing more trouble, refused to grant it.

First Peddler, And First Slave Emancipated

In Sept., 1831, the Court granted to Laman Case a license to peddle clocks. For this privilege for three months they assessed him $25.00. To Case belongs the honor of being the first peddler in Tazewell county.

At this time the Court was charging for yearly licenses to " vend merchandise," ^9; for liquors, $3. The former price of saloon license was $2 per year, while for selling clocks the Court charged $100. They evidently regarded time-pieces as a luxury they could easily do without, while they looked upon liquors as a necessity.

Veteran Paupers

In June, 1832, John Summers was allowed $78 for keeping old man Miller. In the June previous Summers came into Court and explained that a certain Nicholas Miller, a pauper, was living at county expense while he had a well-to-do son named Joseph, who should, both in equity of the law and from filial affection, support his father. Thereupon the Sheriff was posted after the undutiful Joseph. It appears, however, that Joseph was not found at the time, nor until 1834, if we rely upon the records for imformation, for no mention is made of him until that time. He then appears and gives as his reason for not supporting his parent, " inability to do so."

At the same time appeared Hosea Stout and Benjamin Jones, relatives of Sarah Stout, the first pauper, and gave the same reason for not "taking charge of their poor relation,"

Thus the veteran and venerable paupers were thrown back upon the county, whereupon the Court ordered " Nathan Dillon and Wm. McClure to dispose of said paupers at public sale or private contract. It seems that they were not regarded as valuable paupers and not one bid was made for them. But all through the records for years are bills allowed for their maintenance. In 1835 the Court, being worried with the many claims for bills for supporting Miller, lifted up its voice and peremptorily commanded the Sheriff to sell him. The poor old man had outlived his years of usefulness and even became a burden to the indulgent county.

Annual Statement

A statement of the fiscal concerns of the county for the year 1832 was made as required by law. We give this in full, thus showing the receipts and expenditures for the sixth year of the county's existence. It will be seen that the expenses for all purposes were scarcely more than half a year's salary of the poorest paid official of the present day.

Income First Inquest

The first inquest held in the county, according to these records, was on the body of little Hamilton Porter, a widow's son, in 1833. The boy, who was nine years old, was accidentally shot. Andrew Tharp, Coroner, was allowed $18.75 for performing this duty.

County-Seat Rambling

We come now to a period wherein the county-seat again took a move. The removal which we are about to refer to was in compliance with the order of three Commissioners appointed by the Legislature "to select a permanent location for the seat of justice of Tazewell county. " Before proceeding further, however, on this particular move we will give the history of all the county-seat ramblings from the beginning, away back in the early part of the year 1829.

On the 22d day of the first month of that year the Legislature passed an act making and defining a new boundary for Tazewell county. This act, no doubt, was procured by ambitious persons dwelling in other parts of the county than Mackinaw and vicinity, who desired to secure the county-seat. By this act the county was reduced in size very materially, yet it still extended over a vast region, containing 79 townships and parts of townships. In 1830 the town of Pekin was laid oif, and she being anxious to supplement her many advantages by adding thereto the county-seat, which it was alleged she desired done. We have no reason to doubt that such allegation was true. Mackinaw, the county-seat, however, being so near the center of the county, she had little hope of success unless she could cut off a portion of the eastern part of the county, thus throwing Mackinaw near the boundary line.

At the succeeding election for members of the Legislature, William L. D. Ewing, of Vandalia, was chosen Senator, and William Brown, of Pekin, Representative. Brown was easily induced to consent to cut off from Tazewell county, for the county of McLean, all that portion of Tazewell county embraced in ranges 1, 2 and 3 east, and 1 west of the third principal meridian, containing over 100,000 acres. On the 25th of December of the same year (1830) McLean county was created by the Legislature. Two months later John T. Stewart, Matthias Chilton and William Porter were appointed by the General Assembly to select a permanent county-seat for Tazewell county. In the meantime courts and public offices should be at Pekin. These commissioners failed to make any selection of a location. Indeed they neglected to consider the matter at all so far as any records of their actions are concerned. Year after year came and went until July 12, 1835, before anything further was done. At that date the Legislature appointed John C. Calhoun, of Sangamon county, James Gaylord, of Putnam, and Isaac C. Pugh, of Macon, as a commission to permanently locate the county -seat, in lieu of the former, which failed to act.

This able commission convened Sept. 17th, and gravitated toward Tremont, where they met the generous and enterprising John H. Harris. This gentleman, to secure the county-seat for Tremont, offered to donate to the county 20 acres of land. This tract was just south of the town of Tremont on the northwest quarter of section 19, Tremont township. A further donation of $2,000 in money, to aid in erecting public buildings, was proffered by the citizens of Tremont. This was placed in the State bank, at Springfield, to await the decision of the commission. They were satisfied with the location and looked no further. Two thousand dollars in money and 20 acres of rich prairie land were of great consideration in the eyes of the worthy gentlemen, for at the time the annual revenue of the county did not reach $1,400. As might have been expected this selection was very unsatisfactory to Pekin.

The commission made an elaborate report, which for smooth, oily wording and rhetorical finish excels any other report, petition or order spread upon the records of this Court. At the conclusion of this well- written document the commissioners say : "The point named was selected with a view to the convenience of the present and future population of Tazewell county. It is a position as nearly central to the present and probable future population of the county as we could select and at the same time secure the other advantages for the healthy and favorable site for the building of a town."

The Court records and public offices were moved to Tremont in 1836, where the county-seat remained until 1850. In the meantime the county was greatly developed; Pekin became the metropolis and the principal seat of commerce of the county. The State, during the great internal improvement excitement, - from 1836 to 1840, - had began the construction of a railroad from Pekin to Tremont, and the former town had increased rapidly. About the year 1839 complaint was raised by the people at Pekin against the county-seat being at Tremont, and thereupon began a bitter warfare between the two places. It is alleged that in order to hold the county-seat and cripple Pekin, the people of Tremont conspired with parties desiring new counties and county-seats, around Tazewell county, and in 1841 had an act passed by the Legislature cutting oif the south half of township 21, range 2, to DeWitt county, and all Tazewell county west of range 4, and south of township 22 and west of range 5, and south of the middle of town 23, to the county of Mason. A month scarcely elapsed when, Feb. 27, another act was passed taking all that part of Tazewell county, being the northeast quarter of township 25 north, and of the east half of 26 north, range 2 east, and all of townships 27 and 28, westward to the Illinois river, and forming of it the county of Woodford. After having these large slices taken off, for the formation of the counties named, it seems that both the most liberal and the most selfish should have been satisfied ; but it appears they were not. Again, in February, 1843, it was proposed, and an act so passed by the Legislature, to cut off for Woodford county that part of this county east of section 29, township 26, range 4, and all of townships 26, range 2, and 26, range 3. This was, however, on the condition that the people should approve the measure by ballot. At an election held in May, 1843, the proposition was rejected, and a stop made to this dividing up and cutting off of Tazewell's territory. Had they continued it much longer there would have been nothing left of the county but Pekin and Tremont. Then, we doubt not, a division would have been made and both towns have at last gained a county-seat.

At the time the Legislature passed the last mentioned act it also authorized the people of the county to vote at their regular August election upon the proposition of the removal of the county-seat from Tremont to Pekin. This they did and defeated the proposition. During the following winter Pekin and the western portion of the county suffered seriously from a malignant scarlet fever, which caused the death of over fifty of the inhabitants of Pekin. This checked the progress of that city for a time and nothing further was done toward moving the county-seat until 1849. On the 2d day of February of that year the Legislature again passed an act authorizing the people to vote upon the measure of removal the first Saturday in April of the same year. At that election Pekin at last triumphed and won the long-coveted county-seat, which she has since retained.

The question having been finally and definitely decided the courthouse was immediately erected by the citizens of Pekin, in fulfillment of their promise. The last meeting of the Board of Supervisors, which had come in vogue in the mean time, that was held at Tremont was Aug. 26, 1850, when it moved in a body to their new and more commodious quarters, and on the same day dedicated the edifice by holding therein their first meeting at Pekin.

During these twenty years of local war, of course the bitterness of feeling was intense, and great injury was done to all parts of the county. Many of the older citizens attribute very largely the prosperity and commercial advantages attained by Peoria over Pekin to the bitter feuds engendered during this long and eventful strife.

At the January term, 1836, the people, or tliat portion of them who were dissatisfied with the location selected for the county-seat, petitioned the Court in the following language :

"We, the undersigned, citizens of Tazewell county, respectfully solicit the Commissioners to suspend proceedings in the county-seat matter until better ground can be obtained, either by re-location or a legal removal of the donation ; and we individually and collectively pledge ourselves to support you in this matter."

Messrs. Pugh and Gaylord, two of the State commissioners, presented their bills for locating the county-seat, which were as follows : Gaylord, 35 days' work at $3 per day, $105 ; Pugh, 36 days' work at $3 per day, $108, Owing to the ill feeling still so manifest in regard to the location chosen by these gentlemen, the Court refused to take any action on these bills at that time. At the March term, however, they allowed the two gentlemen, - the third never having sent in his bill, - the moderate sum of $27 a piece, or at the rate of 77|^ cents per day. It must have been rather humiliating to those " $3-a-day " gentlemen to have had their services so lightly appreciated. They do not molest the Court further, however, but are resigned to its dictation.

December 11, 1835, a one-story frame building, 18 by 24 feet, was ordered erected on a private lot in Tremont, for Clerk's office. The contract was let to Theo. Fisher for $285. To secure the faithful performance of the work he was compelled to give bonds in the sum of $1,000.

Thomas P. Wilson, County Surveyor, in 1836 laid off" into lots the twenty acres of land given by Harris at Tremont. The Clerk was then ordered to advertise the sale of these lots in the following papers : Sangamon Journal, Missouri Republican, Louisville Advertiser, and Cincinnati National Republican.

The sale occurred in May, 1836. The aggregate amount received from the sale of lots was $18,636. Of this $4,271.18 was paid in cash, and $12,440.12 in notes secured by mortgages on the property. The highest price paid for any lot was for lot 1 in block 5, bought by James Wibrav for $620.

The Court Moves To Tremont

After settling up all their business and liquidating all their little bills at Pekin, the Court bid farewell for once and forever to the old Methodist church edifice which had sheltered their judicial heads for half a dozen years. They filed out, closed and barred the door, and turned their faces Tremont-ward, where, June 6, 1836, they assembled in the Clerk's office.

They must have more imposing and commodious apartments, however, and accordingly ordered the Clerk to advertise for bids for building a temporary court-house. This was a two-story frame, 20 by 40 feet. The contract was let to William Dillon, June 25, for $1,150. Of course the court-house could not entirely fulfill its purpose without a jail near. Being very economical, and having a jail at Mackinaw, the Court ordered it removed to Tremont. The jail had not followed the Court on their travels but remained at its original site. The contract for removing the prison was given to John T. Bird, who was to receive $138 for the same. It was removed and veneered with brick, and a brick addition was erected as a residence for the Sheriff's family.

Change Of Clerks

At the August term, 1836, John C. Morgan was ordered to contract for plastering and building the chimney for the Clerk's office. This was the last official act of the faithful Morgan. He had been Clerk of the Court for eight long years, going with it as it moved from place to place, and always discharging his duties with greatest fidelity. He had seen Commissioner after Commissioner occupy the Judge's bench, yet he still remained. At the September term he tendered his resignation and J. H. Morrison succeeded him. It appears that the newly elected Commissioners, Messrs. Railsback, Hull, and Fisher inclined to be more favorable toward Morrison, and to prevent an unmerited removal Morgan resigned.

Court-House At Tremont

In December a plan for a court-house was adopted and the contract ordered to be let in January, 1 837. It was to be a brick building, two stories above basement in height; 60 feet long, including portico of 10 feet, by 40 wide. The specifications conclude with the following finishing touches for the structure : " The windows to be closed with good blinds and painted four coats, two of French green ; the outside doors to be fitted with best locks, and the entire building to be fitted in full Grecian order of architecture. All plates referred to are in Shaw's second edition of Architecture, 1832. Said building is to be surmounted by a cupola, finished with octagon blinds and containing a good bell deck, and the dome to be surmounted with an iron rod supporting three gilt balls."

The contract for its erection was let to William F. Flagg, Jan. 13, 1837, for $14,450. The building was first occupied in September, 1839. Flagg was an extensive contractor and builder, and withal a man of great mechanical skill and genius. He built a court-house for Putnam county, and a court-house and jail for La- Salle, and a court-house for this county within a period of four years. In 1848 he commenced the manufacture of reapers, and was sued for an infringement of patent by C H. McCormick, and damages laid at $20,000. Abraham Lincoln was employed to defend him. The suit was carried on for two years in the United States courts and finally McCormick was beaten. Shortly after this Mr. Lincoln met Mr. Flagg on the street in Bloomington and sauntered into his shop, who inquired of him how much his fee was for gaining the case for him. Mr. Lincoln leaned on the counter, rested his head upon his arms, and after a little consideration said : " I think ten dollars will pay me for my trouble." Nor would he accept more.

After the transaction of this business the Court "adjourned to meet to-morrow at 9 o'clock a.m," which we see was a more fashionable hour and in keeping with the modern spirit of the age. The early Commissioners away back in 1827 and '28 met at 7 o'clock promptly ; but the customs of civilization began to make themselves felt, and the honorable Commissioners would fain indulge in a second morning nap and not don the ermine until the " third hour of the day." A few years later we find 10 o'clock was the stated time for opening court. The Circuit Court, when Stephen T. Logan was judge, "adjourned to meet at 6 o'clock to-morrow morning."

The Last Of Poor Old Nic. Miller

During the years 1840 and '41 we find a remarkable increase in the number and amount of bills allowed for keeping paupers. Throughout the record during these two years are bills upon bills of this nature. The increase seemed surprising to the Commissioners themselves, and they made particular inquiry into the status of aifairs before granting the bills. It seems the county was imposed upf)n in several instances by the unnatural actions of those who preferred that their relations should be kept at the county's expense rather than their own. One Jane Morrill it was found had a husband living able to provide for her.

Poor old Nic. Miller, the ancient pauper, was still on hand, but his bill these years was curtailed to nearly one-half. Year after year the customary bill for his support was handed in, until through familiarity the name of "Nic. Miller" became a by-Avord. We doubt not that when the old veteran died, and no more bills for his care were presented to the Court, the generous, kind-hearted Commissioners dropped a tear, felt a pang of sorrow steal through the tender cords of their heart, and softly muttered, " Poor old Nic. Miller is no more !" Death, the poor man's best friend, called the old gentleman away during the year 1845. The poor old man who had been refused bread by his own son, and who had been buffeted about by many adverse winds, now returned to trouble them no more.

It appears that many of the paupers duringjth§ two years above referred to rightly belonged to McLean ci)unty, for we find the Court held a special session in June, 1841, to take some action in regard to the exodus of paupers from that county into this.

Census Of 1846

The census of 1846 is the first spread upon the records. We find every few years census-takers were appointed, but the enumeration was never recorded in the Court records. Why they were thus omitted we know not. We give the enumeration for 1846 :

Last Labors Of The Court

In September, 1847, the Commissioners bought land for a poorfarm for which they gave $965.25. The laud is located near the present county farm in Elm Grove township. William Woodrow was given the contract for erecting a house on this farm, but the following Commissioners annulled the contract and re-let it to John Brown.

In December, 1848, the Clerk was ordered to advertise for bids for building a jail, costing $3,500, but in the early part of 1849 all proceedings looking toward a new jail were postponed. No doubt this was owing to the agitation of the removal of the county- seat to Pekin, for on the records we read, in speaking of the postponement, " Circumstances having recently transpired rendering the letting of said jail impolitic. "

At the April term, 1849, the usual large number of orders were granted, - among them one to Abraham Lincoln for $10, being his fees as the county's attorney in the case of the County vs. Dehority.

Wednesday, Nov. 7, 1849, the last meeting of the County Commissioners' Court was held. After transacting such business as properly came before them, the Commissioners adjourned never to re-assemble, and so passed away the time-honored and economical system of county management by a trio of commissioners.