Warren County, Illinois - The whole text, 1886 (part 21 of 25)

The opportunity finally came for which Tecumseh had so long waited, of avenging what he conceived to be the injury his people had sustained at the hands of the Americans. The war of 1812 came on. Murders continued to be committed, and even Gov. Harrison's own soldiers were fired upon. Gov. Harrison, indignant at these outrages, started out with a force of a thousand men, attacked their town, Tippecanoe. which had been well fortified, and after a bloody conflict, drove them into the swamp. Tecumseh, who was away at this time, upon returning was greatly exasperated at this defeat. He, with his band, immediately departed to Canada, and offered his services to the British, not for any love he had for them, but because after the battle of Tippecanoe he felt that he could have no success against the Amer- " icans, unless aided by British troops. Tecumseh was killed at the Tames, where he led some 1200 Indians, bravely and desperately fighting for victory. Black Hawk was also in this battle.

The loss of the battle and the defeat of the British on L"ake Erie put an end to the war, and the Indians soon were brought to peaceful terms. There was no further trouble from them until about the time of the settlement of this county. There were several large villages in the territory, the largest being on Rock River, near its confluence with the Mississippi. This was Sac Village, the home of Black Hawk and his people, and at one time there was some 1 2,000 Indians here. The Indians were engaged in hunting, fishing, lead-mining and raising corn.

'HE Black Hawk War, as a military exhibition, was not much of an affair. From first to last the forces of the Government, including the Wisconsin Volunteers, the friendly Indians and the six Artillery companies, sent out by Gen. Scott, did not exceed 6,000 men. After the long peace the Indians again became troublesome, in the sum-Tier of 1827. The Winnebagoes, Sacs, Foxes and other tribes had been at war with each other for over a century, and although at times through the mediation of the United States peice was restored between them, yet a bitter enmity ever existed. During this summer a war party of Winnebagoes surprised a party of the Chippewas, and killed eight of their men. Four of the Winnebasoes were arrested by the commander of the United States troops, at St. Peters, and delivered to the Chippewas, by whom they were immediately shot. This was the first irritation of the Winnebagoes, and they were further aggrieved at seeing the Americans occupying their country; for many of them had penetrated it as far as the Wisconsin, in search of lead. Red Bird, in order to avenge himself, made an attack upon the Chippewas and was defeated, but to satisfy his desire for vengeance he surprised and killed several whites. On hearing of this the miners, who were working the lead-mines at Galena, organized a company of volunteers, and being reinforced by a company of United States troops, marched against the Winnebagoes. To save his nation from war Red Bird, with six others of the most influential men of his nation, surrendered themselves as prisoners of war. Part of them were executed, and a part pined away in jail. From this time to 1831, there were no further disturbances.

But to return to the causes that brought on the Black Hawk War. In 1804 a treaty was formed between the United States and the chiefs of the Sacs and Fox nations, by virtue of which the Government acquired, together with other territory, the title to the Rock River country. Black Hawk, however, a chief of the Sacs and a noted warrior, claimed that this treaty was obtained through fraud, and that whatever had been done was without his knowledge or consent. Black Hawk's version of this treaty is this : One of the Sac Indians killed an American and was taken prisoner and confined in the prison at St. Louis. The council was held at the Sac Village to see what could be done, and it was determined to send Quasquame and other chiefs to St. Louis to get the offender released by paying for his crime, this being the way of adjusting such affairs with the Indians. The party started on their mission with the best wishes of the nation. They remained a long time, and when they returned they encamped near the village but remained away from it. They were dressed in fine clothes and had valuable medals and other ornaments. Early the next day Quasquame came into the Council Lodge and gave the following account : " On our arrival at St. Louis we met our American father and explained to him our business, urging the release of our friend. The American chief told us he wanted land. We agreed to give him some on the west side of the Mississippi, likewise more on the Illinois side opposite Jefferson. When the business was all arranged, we expected to have our friend released to come home with us. About the time we were ready to start our brother was let out of the prison. He started to run a short distance when he was shot dead." Black Hawk said this was all they could remember, and it subsequently was ascertained that this party were all drunk during the greater part of the time they were at St. Louis. This was all his nation knew of the treaty of 1804. "It," says Black Hawk, " has since been explained to me. I find by that treaty that all of the country east of the Mississippi and south of Jefferson was ceded to the United States for $1,000 a year. I will leave it to the people of the United States to say whether our nation was properly represented in this treaty, or whether we received a fair compensation for the extent of country ceded by these four individuals. I could say much more respecting this treaty with the whites, but I will not at this time. It has been the origin of all our serious difficulties with the whites."

Whatever may be the real facts regarding this treaty, however, Black Hawk was not satisfied with it, and he was determined if possible to regain the territory which he claimed had been ceded away from his people without his knowledge. He pronounced the treaty a fraud and void, and gathering his chosen band of warriors about him, which numbered about 300, he re-crossed the Mississippi, took possession of the disputed lands and ordered the whites to leave the country at once. The settlers reported the matter to Gov. Reynolds, and he dispatched Gen. Gaines with a company of regulars and 1,500 volunteers to the scene of action. Black Hawk was taken by surprise ; the troops burned their villages and forced them to submission. Another treaty of peace was concluded, by which the Indians ceded all right and title to the land east of the Mississippi, and agreed to remain on the western side of the river and never re-cross it without permission

Seeing such a large force arraigned against him, the proud spirit of Black Hawk was compelled to submit, though with a determination to seek the first opportunity to be avenged upon his enemies. In the spring of 1832, having rallied about him the braves of the Sac and Fox nations to the number of 650, he re-crossed the Mississippi and directed his march into the Winnebago and Pottawattamie countries, hoping to make them their allies; Gov. Reynolds upon being informed of the invasion, hastily collected a body of 1,800 volunteers, divided into four regiments, and a spy battallion under command of Col. James B. Henry, all under the command of Gen. Samuel Whiteside. This army marched to the Mississippi, reduced to ashes the Indian village of Prophetstown, the home of the Prophet, and then proceeded for several miles up the river to Dixon, to join the regular forces of Gen. Atkinson, and to await the arrival of provisions.

It would seem at first glance that the force mustered by the Government against Black Hawk was needlessly large, but when it is remembered that it was anticipated that Black Hawk might form an alliance with some of the other tribes, it will be admitted that the Government was wise in its precautionary movements. At Dixon, there were two full companies, then awaiting to achieve immortal fame in an encounter with the dusky warriors. - These troops advanced under Maj. Stilhnan. They made their first encampment on Rock River near a creek which entered into it, which is now known in history as Stillman's Run. They had been sent to spy out the Indians. While here in camp they saw a party of them at a distance, and several of the command mounted their horses and charged after them, killing three of their number. But the main body of the band under Black Hawk returned the charge, which produced a panic among the volunteers, and in precipitous flight they hurried back to Dixon. This was the first engagement of the Black Hawk war, which occurred May i2th, and there was not much in it for the white soldiers to boast of. Had it occurred during the rebellion, it would have been called a "skedaddle."

After calling the roll, 1 1 men were found missing. A council of war was convoked by Gen. Whiteside, when it was agreed to march back the next day to the battle-field. Arriving there they were surprised at not finding any Indians, but they found the poor dead soldiers, and after burying them and erecting a rude monument to their memory, they returned to Dixon, where they were joined by Gen. Atkinson with his regulars.

After this engagement, the Indians committed many depredations, massacred the inhabitants, burned their houses, and neglected nothing known to the peculiar mode of Indian warfare. By June isth, about 4,000 volunteers had been organized. This made a formidable array against the small Indian force, and it kept in check other tribes, who were friendly to Black Hawk and were much inclined to join him. About this time, Black Hawk with a part of his force attacked Apple River Fort, near Galena. This was a mere palisade of logs in the form of a square. This little garrison of 25 men resisted the attack from their savage enemy for 15 long hours, when they withdrew with great loss. There were several small engagements and skirmishes, when the battle at Kellogg's Grove under Maj. Dement came off. The latter had fortified himself here in the midst of the Indian country. From here they sallied out to reconnoitre, when they found themselves suddenly confronted by some 300 Indians under Black Hawk, and it was with difficulty they regained their camp. The Indians undertook to storm it, but they were repulsed with great loss, and finally retreated, carrying their dead with them. Upon hearing of this engagement, Gen. Atkinson sent a detachment to overtake the flying Indians, while he marched Northward into the territory of the Winnebagoes to meet the Indians that were concentrating there.

There was some dissatisfaction among the volunteers about this time, who had not anticipated the hardships and fatigues of an Indian war. They had also been wasteful of provisions, and it became necessary to send out troops to replenish their stores. Reaching the Winnebago country, Black Hawk fortified himself there near the four lakes, with the determination to decide the fate of war by a general battle. The troops marched very slowly and cautiously through the country, passing through Turtle Village and up along Rock River to Burnt Village. Here they were delayed for a while, following out false trails and waiting for provisions, when hearing that Black Hawk was encamped on Rock River, some 35 miles distant, they started in pursuit. They overtook the Indians at the bluffs of the Wisconsin River, in the afternoon of July 2ist, and unable any longer to escape the hot pursuit of the Government forces, the Indians turned and fought until they were completely routed. Night having set in, the battle for the day ended. This engagement was led by Gen. Henry. Escaping during the night across the river, the Indians made for the Mississippi, hoping to be able to cross to the western side. They reached the Mississippi before the troops came up, but were prevented from crossing by the steamboat " Warrior," which happened just at this time to come along. The Warrior greeted them with canister shot and a brisk fire of musketry, causing them severe losses. Pending this conflict, the forces under Gen. Atkinson and Gen. Henry arrived. Atkinson was decoyed off by a ruse of the wily Indians, and Gen. Henry perceiving this and discovering the main body of the enemy endeavoring to make their escape, advanced on them, when a line of battle was formed and the engagement became general. The Indians, who fought with desperate valor, were furiously met at every point by volunteer forces, slaughtering them with their bayonets and driving them into the river. Hearing the general engagement, Gen. Atkinson returned from his pursuit of Black Hawk and with his force of 20 men joined in the fight, which lermin.iKd in a complete victory for the Government. There were some 300 Indians killed and drowned and 50 taken prisoners. Black Hawk, with 20 of his followers, made his escape up the Wisconsin River.

Thus ended the Black Hawk War, the decisive and last battle of which was fought Aug. 2, 1832, near the mouth of Bad Axe River. And thus ended the last conflict with the red man on the east side of the Mississippi. Black Hawk and his party were pursued by the Winnebagoes and captured at the Belles of the Wisconsin, and turned over to Gen. Street, the United States Indian Agent. Among the prisoners were Black Hawk, his son and the Prophet, who had been largely instrumental in bringing about this war, and who was his strong right arm to its close. They were taken to Jefferson Barracks, when a treaty was concluded, by which the Indians ceded to the United States their lands on the Mississippi between the Des Moines and Turkey Rivers. They were afterwards taken to Washington and from there made a tour of the United States.

In his interview with the President, Black Hawk, in extenuation of his action in going into battle with the whites, said : " I am a man and you are another. I took up the hatchet to revenge the injuries which could no longer be borne. Had I borne them longer, my people would have said, ' Black Hawk is a squaw; he is too old to be a chief. He is no Sac? This caused me to raise the war-whoop. I say no more about it; all is known to you. Keokuk once was here. You took him by the hand and when he wanted to return, you sent him back to his nation. Black Hawk expects that like Keokuk, he will be permitted to return."

By order of the President, Black Hawk and the other prisoners were set free June 4, 1833. On the 3d of October, 1838, Black Hawk passed away to the happy hunting grounds of the future, at the age of 71 years, at his home in Iowa, surrounded by his wife and family. He had taken cold on his way to Rock Island to receive his annuity. He was buried near his home on the southwest quarter of section 2, Township 70, range 12, Davis Co., Iowa. He was dressed in a suit of military clothes given to him in Washington by President Jackson.

The overthrow of Black Hawk and his band of followers, the successful termination of the war, and the capture of Black Hawk was important in this, that it quenched forever the last germ of Indian hostilies between the red man in the Northwestern Territory and his acknowledged master, and extinguished all claims of the Indians to this part of the country.

Engaged in this war there were quite a number of persons who in after years played a very important and distinguished part in American history. Foremost among these was Abraham Lincoln. At the first call of Gov. Reynolds, he enlisted in a company of volunteers and was chosen Captain. This company, with the first levy, was disbanded. He reenlisted as a private and served to the end of the war. He was mustered in at Dixon into Capt. He's Company under Zachary Taylor, then Lieutenant Colonel, by Lieut. Robert Anderson, who so gallantly defended Fort Sumter at the opening of the Rebellion. At this place, too, and among the Government soldiers, was one also noted in after life, although not to his credit, Jefferson Davis, then a Lieutenant.

called on President Lincoln and received his thanks for his gallant defense of the fort. Mr. Lincoln asked the Major if he remembered ever having met him before, who replied that he did not. " My memory is better than yours," said President Lincoln ; " you mustered me into the United States service as a high private of the Illinois Volunteers, at Dixon's Ferry, in the Black Hawk War." Another incident connected with this war is of some interest: When Black Hawk was captured he was turned over to Lieut. Jefferson Davis, with instructions to deliver him at Jefferson Barracks. Black Hawk was subsequently for a while confined in Fortress Monroe, where, a generation later, Davis was confined as a traitor. Both made war against the United States, and were the cause of the shedding of much blood ; but if any extenuation should be given to either of these men for their crime, it should be given to the distinguished Indian warrior.

Great consternation was felt during the trying days of the Black Hawk war, by the few pioneers then living in the county. The winter of [831-32 was a rather mild one, and spring opened with a fair and prosperous outlook for the settlers. The spring days> however, had not half passed away before a cloud arose which darkened all their hopes, and sent dismay into every heart. Black Hawk was threatening, with his band, to re-cross the Mississippi River to recover his hunting grounds, and another Indian war, with its nameless terrors, was imminent. The signs were too true; war was again to be inaugurated. About the first of May Gov. Reynolds was at Yellow Banks with quite a large number of volunteers to meet and keep back the Indians. Warren County was deficient in war material, and had no war leaders. It was feared that when the troops left Yellow Banks the Indians would sweep over the entire country.

When the Governor and his troops withdrew, the citizens became greatly alarmed. A petition was forwarded to him representing their exposed condition, and praying for aid. Upon receiving the petition the Governor issued the following order :

I do hereby appoint Daniel McNeil, Jr., to give notice that an election for Major of the Militia Company and an odd Battalion in Warren County, will be held in Monmouth at some convenient lime within ten days from the date of this order, and I further authorize the said McNeil to conduct said election according to law, and to give the person elected a Mali * jor's certificate of the election, which will authorize said Major to cause elections to be held for company officers, so that Militia be organized with speed to defend their lives from Indian depredation ; and in case of necessity the said McNeil is authorized to call one or more companies to range the frontier for its defense. JOHN REYNOLDS,

Notice was given in accordance with the above order, an election was held, and Peter Butler was chocen as Major of the odd Battalion. Maj. Butler forthwith ordered an election for company officers in the different districts of the county, which completed the organization of the Militia.

After Gov. Reynolds withdrew his troops and passed on towards Rock River, the citizens became greatly alarmed for their safety and felt that they ought to have a patrol, or a body of rangers. A petition was accordingly presented to McNeil, asking that volunteers be called in accordance with the Governor's order. A call was made May 31, 1832, to meet at Monmouth June 4th. At this time the requisite number volunteered, elected their officers, were mustered into service and reported for duty at the war department at Washington, and to the Governor of the Stale.

For the benefit of the readers, a copy of the muster-roll is here given : Peter Butler, Captain ; James McCammon, ist Lieutenant; Solomon Purkins, zd Lieutenant; Isaac Walton, ist Sergeant; Benj. Tucker, zd Sergeant; M. D. Ritchey, 3d Sergeant, and Adam Ritchey, 4th. Privates, John Van Atta ; James C. Caldwell, John Quinn, Thomas Ritchey, Andrew Gilson, George Gilson, William Stark, W. H. Dennison, Isaiah Osborn, John Armstrong, D. B.

Cartwright, G. Van Atta, Elijah Hiltonr James Reason, Win. Laswell, P. Vancanean, John D. Richey, S. L. Hogue, David Russell, C. A. Smith, John Findley, Amos Williams, Gabriel Short, John McCoy, R. S. Dennison, John Maley, R. S. Slice, John Hendricks, William Patton and Ezra A. Allen. These troops were subsequently disbanded in consequence of the Governor's orders calling upon the counties of Warren and McDonough to furnish a company lo serve as mounted rangers. This company was quickly raised and largely made up of the volunteers mentioned. Maj. Butler was elected Captain, with James McCallon ist Lieutenant. These war preparations, however, proved unnecessary. The Indian hostilities were not carried into this county. Anticipating, however, that the Indians would invade the county, the families throughout had resorted to the forts for safety, and many had left. There were no depredations committed in the county until the war was over, and Black Hawk was captured, which was in the early part of August. After the war was over 1 the murder of William Martin, in Sumner Township, was committed by some straggling Indians of Black Hawk's band, an account of which will be found in the history of that township, also in the legal history of the county.

This event threw the people again into consternation. When full particulars of this murder was known, and they were assured that there was no further trouble with the Indians, the inhabitants repaired to their several homes and to their peaceful walks again. Following this peaceful condition of things, came emigration, settling in all parts of the country, and the future once more looked bright and prosperous.

;N Friday, July 9, the first term of the County Commissioners' Court was held at the house of Alexis Phelps. Daniel McNeil, Jr., was appointed Clerk of the Court, this being the first appointment of the Court. The first order made was that McNeil should file his bond. The first account approved and ordered to be paid was that of Adam Ritchey, John B. Talbot and John Pence, for amounts respectively, $3.00, $3.00 and $1.50. The first road viewers were appointed on Sept. 7, 1830, upon the petition of William McCullough, for a road from Lower Yellow Banks to the southeast comer of section 36, in town 12, north of range i west, Kelly Township. Stephen S. Phelps, David Findley and Allen G. Andrews were appointed viewers.

Jacob Rust was licensed to keep a grocery or inn Oct. ist, i83r,at Monmouth. VVm. Causland was licensed to keep an inn at Yellow Banks, June n, 1831. Stephen S. Phelps was licensed to keep a store at the same time and at the same place. On Dec. 5, 1831, Elijah Davidson was licensed to keep a grocery at Monmouth. The order of the County Commissioner's Court that the Circuit Court hold its next term at Monmouth, the permanent seat of justice, was made April 12, 1831.

Daniel McNeil, Jr., took an oath to faithfully and impartially discharge all the duties of his office, according to the best of his ability and understanding, and to support the Constitution of the United States and State, presented his bo ~.d to the Commissioners' Court, which was accepted, and then entered upon the duties of his office.

It was ordered by the County Commissioners' Court that a temporary seat of justice or place for holding the County Commissioners' and Circuit Courts for the county, be held at the house of Mr. Alexander Phelps, at the Yellow Banks, on fractional section 15, in town 1 1 north, of range 5 west. The Court appointed Stephen S. Phelps Treasurer for the County, and required of him a bond of $1,000 for the faithful discharge of his duties, which bond was presented and approved. They also authorized him to purchase a small "blank book," for the purpose of entering county orders and keeping the said Treasurer's account with said County of Warren.

At this time the Court divided the County into two election precincts, to be known as precinct number one and precinct number two. Number one was laid out as follows : Commencing at the northeast corner of township 12 north, of range 4 west (Kelly), thence west to the Mississippi River, thence down said river to the township line, between 7 and 8 north, thence east to the southeast corner of township 8 north and range 4 west, thence north to the place of beginning.

The place for holding the election was ordered to be at the Court House, or the place of holding Courts, and Jeremiah Smith, James Jamison and Thomas D. Wells were appointed Judges of the Election to be held in this precinct. , mencing at the northeast corner of township 12, north of range i west (Kelly), thence west to the northwest corner of township 12, north of range 3 west (Sumner), thence south to the southwest corner of township 8 north, of range 3 west (Point Pleasant), thence east to the southeast corner of township 8, north of range i west (Greenbush) and thence north to the place of begianing. The place of election was located at the house of James Hodgins, and Thomas C. Jennings, James Hindley and James. Hodgins were appointed Judges of the Election.

For the purpose of electing Justices of the Peace and Constables, the county was divided into two districts - the Mississippi and Cedar Creek districts. The Mississippi district comprised what is now Henderson County. The place of election was fixed at the place of holding courts in this district, and Jeremiah Smith, James Jamison and Thomas D. Wells were appointed Judges of the Election. Cedar Creek District included Warren County. The place of 'holding the elections for Justices of the Peace and Constables were fixed at James Hodgins', and John Findley, Thomas C. Jennings and James Hodgins were appointed Judges of Election for this district.

An election was ordered by the County Commissioners' Court, to be held the first Monday in August, which was the day for the general election throughout the State. It was also ordered that in addition to Hie State officers to be elected, there should be chosen three County Commissioners, one Sheriff, one Coroner, two Justices of the Peace and two Constables for each precinct.

To all whom these presents may concern. Greeting: Know ye. that I, Richard M. Young, Judge of the Fifth Judicial Circuit of the State of Illinois, north of the Illinois River, and presiding Judge of the Circuit Court, in and for the county of Warren, and State aforesaid, in pursuance of the power vested in me, by virtue of the loth section of the act entitled " an act supplementary to an act regulating the Supreme and Circuit Courts," approved Jan. 19, 1829, do hereby order and appoint that Circuit Court be held in and for the said county of Warren, at such places as may be selected and provided by the County Commissioner's Court of said county, on the

The Judge gave the above order while holding court at Galena. Subsequently he made an order appointing Daniel McNeil, Jr., Clerk pro tern, for the Circuit Court.

At this general election 47 votes were cast, being within three of the entire vote of the county. John B. Talbot, Peter Butler and John Pence were elected County Commissioners; Stephen S. Phelps, Sheriff; and John Ritchey, Coroner. At the Yellow Banks District, John Pence and Daniel McNeil, Jr., were elected Justices of the Peace, and James Ryerson and William Causland, Constables. John B. Talbot and Adam Ritchey, Jr., were elected Justices of the Peace for Hodgin's Grove District, and David Findley and James Hodgins Constables.

The first regular term of the Couuty Commissioners' Court i; et on the second Monday in August, 1830. At this meeting John Pence and Peter Butler only were present, John B. Talbot, the other Commissioner being absent. At this session the Court ordered to be summoned a grand and a petit i jury for a term of Circuit Court to be holden the first Monday in October. This term of court was not held, and consequently the men who were summoned for jurors were not wanted. The Judge and Clerk met, transacted some formulatory business and then returned to their homes.

After the organization of the county, the people were a little anxious to place themselves on good terms with Uncle Sam, as will be seen from the following order, which was indicted by the County Commissioners:

The Clerk of the Warren County Commissioners' Court will certify to the Postmaster-General of the United States, at Washington city, that the county of \V;irren was organized on the 3<1 day of July, 1830, and that the temporary seat of Justice is and was located at Lower Yellow Banks (Oquawka), on the Mississippi River, on the gth day of July, and about half way between the Des Moines and Rock River Rapids, and request the Postmaster-General to establish a Postoffice at said County seat, to be called Warren Court House Postoffice; and further request the Postmaster-General to forward the mail immediately to said office, either from Fulton and Schuyler Counties, or from Venus, Hancock County.

John Pence John B. Talbot

The county having been fully organized, the question of the permanent seat of Justice came up for their action. Not being able to settle this matter among themselves, the citizens petitioned the Legislature to make the location. Upon receiving the petition, the Legislature took action at once by special act, approved Jan. 27, 1831, and appointed Hazen Bedell, of Hancock County; John G. Sanborn, of Knox County; John McNeil, Fulipn County, Special Commissioners to select the site. Having duly qualified themselves, they met at the house of Stephen S. Phelps, on the first Monday in April, and at once proceeded to the work in hand. There were several contestants for the location, among which were Hodgins' Point, Center Grove, Yellow Banks, Ellison Creek, Monmouth, and some other names were put in. From these each County Commissioner drew one name. The names drawn were Isabella, Kosciusco and Monmouth. They were put together and

.the drawing again commenced, the agreement being that the first name drawn should be the one selected. Kosciusko was the lucky name. When this name appeared before them in all its un-Saxon orthography, they were in doubt. They felt sure that not one fourth of the inhabitants could ever learn to spell that name. Finally, they decided to draw again, and this time the name of Monmouth came out, which was accepted. They completed their work on the 7th of April, sealed up their report, addressed it to the County Commissioners' Court, and returned to their homes.

"To the Honorable County Commissioners' Court of Warren County : The undersigned Commissioners, appointed by an act of the General Assembly of the State of Illinois, entitled an " act to establish a permanent seat of Justice for Warren County,'1 approved Jan. 27, 1831, respectfully report that they located the seat of Justice for said county on the southwest quarter of section 29, in township n north, of range 2 west (Monmouth Township) of the 4th principal meridian, which said quarter section is reported, and we believe to be, Congress land, and

This report was accepted by the County Commissioners, though with some reluctance, as stated in the history of Monmouth, and was ordered to be placed on record.

After the organization of the county, Mercer County was attached to it for Judicial and other purposes, until it should be organized as provided by law.

In the spring of 183 r, the matter of laying out the county seat was taken up by the County Commissioners. Plans were carefully prepared and furnished and the survey given to Peter Butler, April 25,' 1831, who received 2 i j£ cents per lot for the same. On the 26th the Court located the public square. On the 6th of June, the lots were put up at public' sale. There were 46 lots sold, amounting in all to $965.6254.

At the April term, 1831, the Commissioners' Court ordered that proposals be received and contracts be entered into for the purpose of building a Court- House from plans to be furnished by the Court. From the plans presented, it would appear that these pioneers did not think that expensive halls or buildings were necessary for the seat of Justice. The following were the specifications: "To be 20x22 feet on the ground, 9 feet between sleepers and the joists, and to be built of logs hewn down inside and out, and finished as the County Commissioners shall direct." The construction of this building was let at public vendue to Francis Kendall at $57. It was located on the west side of Main Street, about a block below the square.

Those early Commissioners were statesmen as well as economists, and the duties that they felt called upon to discharge were manifold. At their June term 1831, we find them licensing Win. Cansland to keep an inn at the Yellow Banks, which was then temporarily the seat of Justice, under some very commendable restrictions and provisions, to wit : " On his producing to the Clerk of this Court, the Treasurer's receipt for $2.50, and paying the Clerk his fee ; and that the following rates be al-.

lowed in said tavern : Horse keeping per night, 25 cents: single feed per night 12 J/£ cents; for each meal of victuals, 25 cents; lodging per night, per bed, 12}^ cents, but if two persons lodge in one bed, 6^ cents; for each half pint of brandy, 25 cents; for each half pint of rum or wine, 18^ cents ; for each half pint of whisky, i2j£ cents. If any person shall call for a less quantity than a half pint of either of said liquors, the same price as per half pint." If liquors could be had at the present day at the above rates, it is not probable that the good people of Monmouth could enforce their prohibition laws.

This inn was the first opened in the county. At the same time a license was given to Stephen S. Phelps to sell merchandise. Viewers were appointed at this term to lay out a road from Broadway, in Mon mouth, to Yellow Banks, now known as Oquawka.

The first regular term of the Circuit Court was called to meet at Monmouth, June, 1831. On account of threatened Indian troubles, no term was held. It was the same in October. In October of the following year, the first session of the Court was held, Judge Richard M. Young presiding. For the proceedings of this Court, the reader is referred to the legal history. The August elections of 1832 resulted in the choice of Peter Butler, Sheriff; John Ritchey, Coroner ; Jeremiah Smith, John B. Talbot and James McCallon, County Commissioners ; Wm. Edmundson, Representative of the District embracing the counties of Calhoun, McDonough and Warren ; Wm. McCreery, Senator of the District embracing the counties of Schuyler, Knox, Fulton, Calhoun, McDonough and Warren ; Joseph Duncan for Congress, for all Northern Illinois.

During the year 1833, the laws for the collection of taxes were passed and the land in the Military Tract was no longer exempt. The Clerks of the County Commissioners' Court were made the collectors from September to March, and if the taxes were not then paid the non-resident lands were sold by the Clerks instead of the Auditor as heretofore. This gave the citizens an opportunity to become bidders without going to Vandalia, then the seat of Government.

The residents of the territory now embraced by Henderson County, were not satisfied with the location of the county seat at Monmouth, and made an effort to have it changed to a more central location. Failing in this, they seceded and organized themselves into a county which was called Henderson.

From about the beginning of the organization of the county, the County Commissioners, ardently sustained by the people, commenced the laying out and improvement of roads, which under an organized system they have continued until the present day. The result of this has been that to-day the public roads of the county are unexceptional.

The municipal affairs of the county continued under the government of the County Commissioners until 1849, whe^i they were turned over to the County Court. They remained in charge of this Court until June, 1850, when they were for a brief period in the hands of the Board of Supervisors ; then the county matters were again placed in the hands of the County Court. (See County Court history). In 1854 the government of the county was again placed in the hands of the Board of Supervisors.

The last session of the County Commissioners' Court was held Nov. 12, 1849. Under the Constitu-_, tion of 1848, the County Judge and two associates f had been chosen at the general election, in 1849,' who were to supersede the Commissioners' Court j and take charge of the municipal affairs of the county. These officers were commissioned by the Governor of the State, and after taking the oath of office, duly entered on the discharge of their duties. The first session of this Court was held Dec. 3, 1849. At this session, the Court appointed three Commissioners, Joseph Paddox, John C. Bond and Ira F. M. Butler, to divide the county of Warren into townships in accordance with the township organization laws.

?T the election held in November, 1849, the people had declared themselves in favor of township organization. The commissioners met and proceeded in the discharge of their duties, completing their work and making their report to the Court. The Board of Supervisors chosen at the spring elections, on the 8th day of April, 1850, organized and proceeded to the transaction of county business. They adjourned on the 5th of June, to meet on the second Monday of November following, but this Board never met again. The Supreme Court had decided the elections illegal on account of the insufficiency of votes cast. Accordingly the municipal affairs of the county reverted back again to the County Court. This Court continued to transact the county business until 1854, holding their last regular session on April ist of this year.

A petition was presented to the County Court, in session Sept. 12, 1853, signed by James McCoy and 50 legal voters of the county, praying that the township organization be submitted again to the people at the next general election, to be holden on Tuesday after the first Monday in November next, which petition was duly granted by the Court, and the Clerk was ordered to give the notice of same for the next general election. An election was accordingly held on the 8th of November, 1853, for township organization. The whole number of votes cast was 1,396, - for organization 768, being a majority of all the votes cast at said election. The County Court at its December Term, 1853, again appointed Commissioners

On June 5th following the Board of Supervisors were elected. On April 4, they met, organized and assumed control of the county affairs. A vote had been taken for and against township organization at the regular fall election of 1851 and 1852, and at each of these elections, township organization had been voted on and had been defeated. The people seemed to be very much adverse to it at this time. At the November election of 1853, a vote was taken, as stated above, for township organization, which proved successful.

Since then the affairs of the county have been conducted by the Board of Supervisors, and in the main with unusual satisfaction. The different townships have generally sent able and honest members to represent their interests and to legislate for the county. During the war the Board did much toward aiding the cause of the Union. The names of the men comprising the Board since 1853 are given in sketches of the various townships.

O country in the world is more fertile than that known as the Military Tract. Warren County is situated in this district, near the Western \ border of the State, and contains an area of 540 square miles, divided up into 15 full townships. It has no large water courses flowing through its territory, cutting deep channels, but several small streams. In the Northern part it is intersected from East to West by Middle Henderfon and Cedar Creeks. About the middle of the county is South Henderson brai.ch, which rises in township 10, range 2, section 10, and runs nearly due West. In the southern part is a small stream called Ellison Creek, which with its little tributaries rises in Ellison Township and runs westward. In the northern p:ut of Lenox Township, is Skig Run, which runs nearly south, forming a confluence with Cedar Fork, near the eastern line of the county. Cedar Fork rises near the western boundary at Roseville Township, and meanders southeasterly. Southeast of this is Nigger Creek and its branches, Little Nigger and Sivan Creek, which run in an easterly direction. With these and some smaller streams the county is pretty well watered, and very good facilities afforded for drainage.

Warren County presents to the eye no scenes of rugged grandeur, but rather the quiet beauty of rounded outlines, of surface clothed with green and far-reaching prairies and beautiful little groves. It has no mountain chains within its borders. The mean elevation of the county is 600 feet above the level of the ocean. Springs are not abundant but good wells can be obtained from a depth varying from i o to 60 feet. It is seldom necessary to go to the latter depth ; but if so, water is reached after passing through a strata of blue clay.

The county is largely undulating prairie, inter-- spersed with groves of fine timber. The soil is a dark vegetable, rich loam, uniform in its general character, beneath which is a subsoil of yellow clay. - Along the water courses there was originally a liberal growth of timber, consisting of the oak varieties, elm, ash, hickory, black walnut and the maples. In addition to these can be found along the slope and the bottom lands, the sycamore, box elder, linden, cotton wood, locust, coffee tree, wild cherry, wild plum, thorn, crab apple, dogwood, red bud, hackberry and mulberry.

The alluvial deposits are principally on the borders of the water courses, and rarely exceed a half mile in width. It is claimed that coal measures underlie the greater portion of the county, but it has not been found profitable to mine it simply for the coal only. In Roseville Township, near the village, the coal seam crops out, and so along Swan and Little Nigger Creeks. East of Monmouth, on the site of the Monmouth Mining and Manufacturing Co., coal was found at a depth of about 70 feet. In mining for clay for the tile factory, coal was taken out for awhile, but this company has long ceased to mine for coal, and finds it cheaper to purchase elsewhere.

The soil in the county is remarkable fertile, with scarcely an acre of poor ground, and is adapted for the production of all the cereals grown in this latitude.

legal profession occupies a most important place in our political, as well as in our social system. It is connected with the closest of family ties, and is often called upon to settle the disputes most vital to domestic happiness. To this profession are we indebted for our constitutions and our laws, and in a great measure the management of our political system. To it also mirst we look for the enforcement of our laws, the punishment of its violators and the maintenance of good order in society. The Judicial system of Warren County, as at present constituted, maybe divided into four parts: The Justice Court, County Court, Circuit Court and the Supreme Court. John B. Talbot was the first Justice of the Peace, receiving his appointment when the county was attached to Peoria County, and Daniel McNeil, Jr., was the first appointed after the county was organized. The first elected, which was at the election held the first Monday in August, 1830, was John Pence, and Daniel McNeil, Jr., for the Yellow Banks district, and John B. Talbot and Andrew (Sandy) Ritchey, for Hodgin's Grove district.

judicial circuit, with Judge Richard M. Young presiding. At the time the Judge issued his order for an election for county organization, he fixed the terms of holding the Circuit Court for the fourth Monday in June, and the first Monday in October, which was to be held at such places as the County -< Commissioners' Court might select. The Commissioners, however, for reasons not known, failed to make any provision for an October term of court, and there was none held. The first term of this court subsequently was called for June, 1831. There were two cases docketed for this term, to wit : John Pence, vs. Joshua Vandruff, an appeal case from the Justice Court, and Charles Collins vs. Thomas S. Sublett, an action for debt.

The docket reports that no court was held on account of Indian disturbances. It was the same with the October term following. In October, 1832, the Indian troubles having been settled, a term of court was held, which was the first regular term in the county. Hon. Richard M. Young presided, with Thomas Ford, states attorney, Daniel Mc- Neil, Jr., clerk, and Stephen S. Phelps, sheriff. The first case tried was an action for an assault and battery ; the People vs. William Dennison. The defendant was found guilty and fined $14 and cost. The two first cases docketed were then tried. The judgment in the Justice Court was affirmed, and the other case was non-suited at plaintiff's cost. The Grand Turors for this term were Alexander Davidson, William Russell, Thomas S. Sublett, James Ritchey,

John Caldwell, Peter Smith, Thomas Caldwell, Field Jarvis, John Smith, John G. Haley, Elijah Hanan, John Vanaton, John E. Murphy, Wm. R. Jamison, Elijah Davidson, Jacob Rust, Robert M. Black and Wm. Whitman. Davidson was appointed foreman. After a few days of session the Grand Jury came into court and reported that they had not found any cause for indictment, and there being no further business before them they were discharged. The first petit jury sworn in for the trial of causes were : Sheldon Lockwood, Elijah Davidson, Sr., Henry Meadows, John C. Jamison, Abner Short, Lewis Vertrees, Samuel Gibson, Robert Wallace, George Peckempaugh, James Gibson, Joseph W. Kendall and Thomas Gibson, Sr. They tried the assault and battery case above mentioned.

The members of the Bar were fond of having their little fun in those days, probably more so than now. They had more t.me then for jecreation and frolic, and never failed to embrace the opportunity. John Porter had been admitted to the Bar at one of the sessions of the Court during this term. He was fortunate in securing a trial case, in which he made his first plea or maiden speech, which is reported to have been a very fair one. On the motion docket is the following order : " Members of the Bar vs. John ' Porter : - Now, come the plaintiffs and move the Court for an order on defendant to ' wet ' his maiden speech." This order was allowed. The records do not inform us however, whether the young attorney's fees in this case were sufficient to defray the expenses necessary to carry out the Court's order.

VERY novel case in the history of criminal practice came up in the June term of 1833. This is a case in which it was proposed to try persons for the crime of murder by proxy, and in which Indian law was to be introduced into the state Courts. It was none other than the case of the trial of the Indians turned over as substitutes for the real murderers of William Martin. This was the first indictment for murder, and the first criminal case docketed. The grand jury were John Humphrey, who was the foreman,

Jesse W. Bond, James Ryason, David Maurice, Wm. McCoy, Thos. C. Jennings, Alex. Davidson, James Brown, William Russell, R. Black, Robert Wallace, Sr., James Jenkins, John Vanaton, Roland Simmons, Solomon Perkins, Emmons Williams, Wm. Baty, Jonathan Tipton and Peter Scott. The indictment of the Indians is given below, without comment :

State Of Illinois

The Grand Jurors chosen, elected and sworn in for the county of Warren, in the name and by authority of the people of the State of Illinois, upon their oaths present: That Shash-quaw-a-shi, alias Neesh-wakque, Muck-que-che-qua, Muck-qua-po-la-shah, and Was-a-wan-a-quot, being Indians, late of said county, not having the fear of God before their eyes, but being moved and seduced by the instigations of the devil, on the Qth day of August, A. D. 1832, with force and arms, at and within the county of Warren aforesaid, in and upon William Martin, against the . peace of God and the people of the State of Illinois, ' then and there, being unlawfully, wilfully, feloniously and of their malice aforethought, d;d make an assault, and that the said Shash-quaw-a-shi, alias Neesh-wakque, a certain gun, of the value of$io, then and there loaded and charged with gun powder, one leaden bullet, which gun he, the said Shashquaw-a-shi, alias Neesh-wakque, in his right hand, then and there in hand, and held to, against and upon the said William Martin, then and there, and unlawfully, wilfully, feloniously and with malice aforethought, did shoot and discharge, and that the said Shash quaw-a-shi, alias Neesh-wakque, with the leaden bullet aforesaid, out of the gun aforesaid, then and there by force of the gun powder shot, and sent forth as aforesaid, against the aforesaid William Martin, in and upon the left side of the back of him, a little below the left shoulder blade, the said William Martin, then and there, unlawfully, wilfully, feloniously, and of his malice aforethought, did strike, penetrate and wound, giving to the said William Martin one mortal wound, of the deptli of six inches and of the breadth of one inch, of which said mortal wound the aforesaid William Martin then and there instantly died. And that the aforesaid Muck-que-che-qua, Muck-qua-po-la shah and Wasa-wan-a-quot, then and there, unlawfully, wilfully and feloniously, and of their malice aforethought, were present, helping, aiding and abetting, and comforting, assisting and maintaining the said Shashquaw-a-shi, alias Neesh-wakque, the felony and murder aforesaid, in manner and form aforesaid, to do and to commit; and so the jurors aforesaid, upon their oaths aforesaid, do say that the said Shash- quaw-a - shi, alias Neesh-wakque, Muck-que-che-qua and Muck-qua-po-la-shah and Was-a-wan-a-quot, then and there, in manner and form aforesaid, the said William Martin, and unlawfully, wilfully and feloniously, and of their malice aforethought, did kill and murder, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the people of the State of Illinois. THOMAS FORD,

This indictment was forwarded to the Governor, with the request that the same be forwarded to the President of the United States, requesting him to make a demand, through the Indian Agent of the band of Indians for the murderers. The particulars of the murder are as follows : On the afternoon of the gtli day of August, 1832, William Martin was out in the fields cutting some grass for his horses, when five Indians rushed out from the timber near by, ran up to Martin, shot and killed him, and then as quickly disappeared into the woods again. This field | was a short distance south of the block-house or fort. The fort was east of Little York or between Little York and where Hugh Martin's brick house now ; stands. Mrs. Osborn was living in this block-house - with two small children at the time and heard the I shots. She, with the two children, rushed out i through a corn field into a buckwheat field and laid down on the ground. The McCoy girls are reported to have seen the shooting. One of the murderers was arrested and confined for a time in the fort at Rock Island, then called Fort Armstrong, from which he made his escape. The Indians, who at this time desired to be on friendly terms with the whites, according to their custom, delivered up the next of kin to the real murderers, and these were the ones which were indicted and brought into the Court for trial. The Sheriff of the county, Peter Butler, was notified to be at the Yellow Banks and receive the prisoners, the reported murderers of Martin. At the appointed time, March 20, 1833, he was at the Yellow Banks, was there met by Col. Davenport, the Indian Agent, Keokuk, and a number of other Indians, who had in custody four young Indian warriors, who had been divested of their weapons, and who were turned over to the Sheriff as substitutes for the real murderers, and by the Sheriff taken to Monmouth and there confined in jail to await their trial. Their names were J-o-nah, Ka-ke-mo, Wau-pe-sho-kon and S-sa-fe-mo. While the prisoners were in jail, they afforded the people of Monmouth considerable amusement in various ways.

The case came up for trial at the June term and created a good deal of excitement. Col. Davenport, LeClair, interpreter, Keokuk, and some 50 chiefs and warriors came from the Yellow Banks and encamped near the place of trial with the United States flag waving over their encampment. They had, at the suggestion of Col. Davenport, employed Messrs. Field, Galewood & Heirpstead to defend them, for which they received large fees. The prisoners were brought into court under a writ of habeas corpus, and there being no indictment against them for the supposed crime of murder, they were, on motion of the attorneys, ordered to be discharged from their imprisonment and to go hence without delay.

With this order the Court took occasion to reprimand Keokuk and his chiefs for delivering innocent persons to be tried for the guilty. Keokuk responded through his interpreter, that one guilty of the crime had been turned over to the Government for the murder, but had made his escape, and with the other four had gone beyond the Rocky Mountains ; that he had, in accordance with the Indian custom, turned over the next of kin.

The prisoners were very joyful at their deliverance, and with the rest of the Indians returned to their hunting grounds beyond the Mississippi.

'HE next important case to come before the Court was that of Joe Smith, the Mormon prophet, who, with several other Mormons, had been arrested for offenses against the peace and dignity of the State of Missouri. In the autumn of 1841, the Governor of Missouri made the demand on Gov. Carlin, of Illinois, to deliver up to him Joe Smith for these offenses. Gov. Carlin issued his executive order to this effect, and its process was being carried out when the attorneys of Joe Smith sued out a writ of habeas corpus and the case came up for hearing before Judge Stephen A. Douglas, who was then on the Circuit, and holding Court at Monmouth.

once before its execution. Joe Smith was under indictment for murder and at the time of his arrest was at Nauvoo, which was in this Judicial Circuit.

At the trial Smith had many of his Mormon friends with him and was backed by plenty of money which was used very freely. He had secured the best legal talent in the State to defend him, such men as O. H. Browning, Walker, Archibald, Little and Williams ; for the State was B. Knowlton, Prosecuting Attorney, Abraham Lincoln and John H. Mitchell. Lincoln, however, was not present at the trial. The Court House was packed to its utmost capacity. Able aguments were made on both sides and the excitement became intense. When the case was submitted, the Court granted the motion and quashed the writ, on the ground that the writ, having been once returned before its execution, was functus officio. Thus ended one of the notable cases before Warren County Court.

In 1843, Gov. Carlin issued another writ against Joe Smith, under which he was arrested again, but discharged by his own municipal court at Nauvoo, under a writ of habeas corpus.

The Common Council at Nauvoo, of which Smith was the presiding member, had passed an ordinance empowering the municipal court of that town with jurisdiction in all cases of arrests made in that city, by any process whatever, notwithstanding the charter granted to the municipal court gave jurisdiction only in cases of arrests for breach of some ordinance.

*NE of the most exciting murder trials in this county was that of John Baxter, as accessory before the fact of the murder of Col. '" George Davenport, July 4, 1845. Young Baxter had been almost raised in the family of Davenport, and had been always treated with kindness and was regarded as one of the family. Col. Davenport, who was Indian Agent, had received a large amount of silver from the Government, a part of which was for the Indians, and the gang of robbers called the " Banditti of the Prairies" were anxious to get hold of it. Baxter, being aware of the reception of this silver, furnished information,

The case was brought to Warren County under a change of venue, for trial at the June term of 1846. Baxter had been tried for this crime at Rock Island and was sentenced to be hung. A stay of execution had been granted and finally a new trial with a change of venue. Judge N. H. Purple was then the presiding Justice, |and William Elliott, the State's Attorney. He was assisted in the case by Joseph Knox, an able lawyer. Messrs. Wells, Wilkenson, Manning, Davidson and Ralston were for the defense. The case was continued until the November term. The jail of Warren County not being a very safe place for the confinement of prisoners, Baxter was committed by order of the Court to the jail of Adams County, and to the custody of the Sheriff of that county for safe keeping. He was tried at the November term, 1846. Some of the ablest jurists in the State were in this case, especially in the defense, and every point was contested with marked ability. . After the arguments were closed, the Judge charged the jury. His charge was able, clear, emphatic and impressive, causing many persons in the court-room to shed tears ; even His Honor himself was seen to weep.

The jury retired with the case late Saturday night. . On Sunday morning they sent word that they had arrived at a decision. The Judge came in and the jury was brought into Court, when they rendered a verdict of " guilty." On being polled, one of the jurors stated he did not believe the prisoner guilty as charged under the indictment. They were directed by the Court to again retire. In a short time they again came into Court and rendered the following verdict : " We the jury find the defendant guilty in manner and form as charged in the indictment." A motion was made for a new trial and arrest of judgment, which was overruled. The Court then pronounced the sentence, which was that the prisoner be hanged on Wednesday, Dec. 9, 1846.

The case was taken to the Supreme Court and came back in due course, with the sentence of the lower court affirmed, together with the instructions that the sentence be pronounced on any day but Sunday, and that the prisoner be executed as a murderer. Pending the delivery of the second sentence, he Legislature had passed an Act for Baxter's indi- vidual benefit, commuting the sentence to life imprisonment or making optional with the defendant, the choice between imprisonment and hanging. This Act also made it obligatory on the Judge to request in open Court the prisoner's wishes in the matter; thus was presented Tn Court the anomly of a prisoner becoming the Judge in his own case. This was virtually introducing an ex-post-facto law, or making an act punishable in a manner which was not provided for at the time it was committed. The case was brought into Court, May 5, 1847, and the Courtroom was packed to its utmost. The prisoner for the third time was called to the Bar, to receive the sentence of death. The Act of the Legislature was read to him and then the Judge pronounced the sentence of death, fixing the day of the execution, May a8th. He explained to the prisoner that although the law required him to pronounce the sentence of death for the crime of which he had been found guilty, yet he was not to be executed unless he preferred execution to a life in the State Penitentiary. The prisoner was then asked in open court, which mode of punishment he would prefer, the Legislative provision or the decision of the Supreme Court. He eagerly replied, that he would prefer the Legislative provision.

As the sentence of the Judge is rather a remarkable document and may be of interest to the new generation of people in Warren County, it is given in full. The sentence is as follows :

" John Baxter, a jury of the country has found you guilty of murder, the highest and most aggravated offense known to the laws, and in your case ingratitude, and the ties of friendship severed and confidence betrayed, have tinged your guilt with a deeper and darker strain. The murdered man had been your friend and patron. You had once been an inmate of his family, and but a short period of time before his melancholy and tragical end, you had enjoyed the hospitality of his house, and under the pretence of the partiality of a friend had wound and wound yourself into his confidence and affection. The time also which was selected for the commission of your purpose marks its commission with more than ordinary turpitude. You had no cause of hatred, or even complaint against the deceased. Money appeared to have been your only incentive. No sudden impulse, no injury inflicted at the moment, no inward, long concealed and pent up malignity of heart arising from wrongs and injustice inflicted and often repeated, impels you to the commission of the crime. But without any apparent motive other than that of gain, on the fourth day of July - a day hallowed and sacred to National devotion and festivity - while a race of freemen rejoicing and rendering thanks to heaven for the blessings of free Government, and the fancied security of their property and persons under the benign and salutary influences of just laws and equal rights, you and your confederates in crime, invaded the sanctuary of home, and coolly, relentlessly, slaughtered an aged and venerable man, without one emotion of compunction or remorse.

A just and righteous retribution for blood thus shed demands the life of the offender. Not alone by way of punishment for the offense or expiation of the crime, but also as a salutary example to those who may come after.

Remember then, that although the law demands your death, that death is no atonement for your crime ; nor does it subtract one tithe from the overwhelming amount of moral guilt which rests upon your soul. When the penalties of the law shall have consigned you to a premature and untimely death, there is a higher power to which you must answer for this act as well as for the conduct of your whole life. Let then the short space of time allotted to you here be spent in deep contrition and repentance. Prepare yourself to die ! Your time of life is short and much remains to be accomplished. Expect not, hope not, for the interference of the Executive in your behalf, or that chance or accident may aid you to escape from your impending doom. Such hopes and expectations will be idle and visionary, and will only tend to retard the work of repentance and reform which is so indispensable to your future and eternal state of being.

Your life is forfeited to the laws of your country, and you must die a disgraceful and ignominious death. It was not in the power of an impartial jury, or of able or zealous counsel who have stood up most manfully in your defense ; it is not in the power of the court to avert the sentence of the law and save you from your impending fate. To Heaven alone, you must address your prayers for mercy and forgiveness. As you must die, die penitent and like a Christian, and though the forgiveness of the world cannot restore you to life and the endearments of society and friends, yet the tears of sympathy will sometimes be shed over your early and ignoble doom ; and those who have known you here may not wholly curse your memory.

Black and unmitigated as your crime may be, however much you may have scoffed and derided the laws of God and man, you may, if sincerely penitent and humble, still hope for pardon and salvation through the redeeming power and stainless purity of the Redeemer's, blood.

To that Beneficent Power and Mercy, with the deepest emotions of pity and compassion, I cornmend you and your eternal destiny. The sentence of the law and the sentence of t,he cqurt is, that you.

should be taken from this place to the jail of the County of Warren, and from thence to the place of execution ; and that on Wednesday, the gth day of December, next, (1847), between the hours of i and 4 o'clock p. m. of said day, you be hanged by the neck until you be dead, and may God Almighty have mercy on your soul."

As the act of the Legislature above referred to stands out alone and almost unprecedented in the annals of Legislation, it is made a part of this history, and is as follows : Whereas, John Baxter, late of the county of Rock Island, was convicted of the murder of George Davenport, at the November term of the Circuit Court of Warren County, 1846, and is now confined in the jail of said county of Warren, to await the sentence of death to be pronounced upon him at the next term of Circuit Court of said county: Section i , Be it enacted by the people of the State of Illinois, represented in the general assembly, That the punishment of John Baxter be, and the same is hereby commuted from that of death to imprisonment in the Illinois Penitentiary during the term of his natural life, and the Sheriff or other officer, after

- the sentence of death shall be pronounced against said Baxter, instead of executing said sentence of death, shall, within 20 days after such sentence, re-

\ the Warden or keeper of said Penitentiary shall receive said Baxter, and detain him in his custody, and subject him to the same rules and regulations as

Section 2. The Secretary of State shall furnish a certified copy of this act to the Sheriff of Warren County or other proper legal officer, upon whom devolves the duty by law of executing said sentence upon said Baxter, and also shall furnish a certified copy of the act to the Warden or keeper of said Penitentiary; Provided, this act shall not be enforced unless said Baxter shall at the time his sentence is pronounced, consent or agree in open court, to the provisions of this act.

John Baxter remained in prison for many years ; becoming so weak and emaciated that his longer confinement in the penitentiary would be certain death, he was pardoned out by the Governor and died a short time afterward, in the Northern part of the State.

Joseph Knox, the prosecuting attorney, admitted to Col. Davidson, of the defense, some years after the trial, that he believed the State had hung two innocent men, and sent to the penitentiary a third. He said he believed that Fox and Birch were the guilty parties in the murder of Col. Davenport, and that the Longs were innocent.

ANOTHER exciting murder trial was held in Monmoutrrjust before the war. In this case Ferdinand Brockner and Pickney H. Mc- Mahill, were indicted and brought to trial for the murder of Thomas Traylor, at his home in Greenbush Township. Mr. Traylor was sitting in his house reading one evening, when a shot was fired through the ,window, inflicting upon him a mortal wound. The persons mentioned above, being suspected, were arrested, indicted and finally brought to trial. The prosecuting attorney was James A. Mc- Kenzie, and they were defended by that distinguished criminal lawyer, the late W. W. O'Brien, and one of -Monmouth's not less distinguished attorneys, Col. J. W. Davidson. The prisoners were acquitted.

In early days there was a good deal of land litigation in Monmouth, and some of the ablest lawyers in the state were before the Monmouth bar ; and on this bench some of the ablest judges of the state have presided, men who have been distinguished in political life and in the halls of the Legislature.

This County was first in the Fifth Judicial District, then in the Tenth and the Eighth, and under reorganization it was again placed in the Tenth.

HE Probate Court was established in 1837, which provides for a Probate Justice of the Peace, who shall have charge of all Probate matters, and be also vested with the same power and jurisdiction in civil cases as were given to Justices of the Peace. W. F. Smith was the first Probate Justice. This law remained in force until 1849, when a County Court was established.

N r849 the General Assembly, under the constitution of 1848, passed an act approved Feb. 1 2th, providing for a Court of Record to be styled the County Court, and to be presided over by a County Judge. Under this act the County Court was vested with all the powers and jurisdiction heretofore resting in the Pro- bate Court. In addition thereto it was further provided that the County Judge, with two Justices of the Peace, to be known as Associate Justices, should sit as a County Court and have all the powers that were vested in the Commissioners' Court, the latter, under this act, being abolished. The first session of this Court was held Dec. 3, 1849, with Judge Ivory Quinby presiding.

This Court had charge of County matters until the township-organization system was adopted, and the power was vested in the Board of Supervisors, which was permanently done in 1854. In 1872 the General Assembly passed an act giving it concurrent jurisdiction with the Circuit Court in all civil cases where the value of property in controversy should not exceed $500, and in criminal cases, where the punishment was not imprisonment in the penitentiary or death. The names of the officers of the Courts will be found in the list of County officials.

"N this connection only a brief history of the Judges that have presided at Monmouth can be given. Hon. Richard M. Young, who presided at Galena, was the first Judge to preside in the Circuit who had jurisdiction here from the organization of the County until 1837, when he resigned to take his seat in the United States Senate, to which place he had been elected. Judge Young was born in Kentucky, and was among the first settlers in Northern Illinois. He was of unimpeachable character, a good jurist and did much to give tone and dignity to the Bench and Bar in the Circuit over which he presided.

He was of a social nature; gentle, courteous, entertaining, and refined in his manner. Though in the Senate during its palmiest days, when the most noted men of the country were members, yet he distinguished himself for his ability, and was brought into general notice. After serving out his term in the United States Senate, he was appointed by President Polk, Commissioner of the General Land Office. He has been dead many years.

Hon. James H. Ralston succeeded Judge Young, filling out an unexpired term. Mr. Ralston was originally from Kentucky. His health being poor, he resigned after remaining on the bench about a year. In 1840, he was elected to the State Senate. In 1846, President Polk appointed him Assistant Quartermaster of the United States Army, and he was ordered to report for duty to the Commander of the Illinois Volunteers, then en route for Mexico. He served in this capacity until the close of the Mexican war. After the Mexican war, he emigrated to California, where he died.

Hon. Peter Lott, formerly of New York, was the next to serve on this bench. Mr. Lott, before his promotion to the Bench, had practiced at this Bar. He was only a fair lawyer, but quite a politician, and after leaving the Bench was appointed Circuit Clerk of Adams County. In 1852, he went to California, having been appointed by President Pierce, Superintendent of the United States Mint at San Francisco. He was removed by President Buchanan, and subsequently went to Kansas, where he died.

Hon. Stephen A. Douglas served in this Circuit, from 1841 to 1843. The life and career of this distinguished American is too well known to need an extensive notice here. He resigned to take his seat in the United States Congress, from the Fifth Congressional District.

Judge Douglas' familiarity with cases and authorities, the readiness with which he dispatched business, his acute and judicial mind, were the astonishment of all. There had been cases on the docket for years, and it was loaded down with unfinished business, but Judge Douglas cleaned out the docket and when he left the Bench there were only new cases for his successor. The ability which he showed as a Judge, and his popularity on the Bench, were accessories to his political elevation. His sociability also made him popular; while a suit was pending, he watched every point of law, kept track of all the proceedings, while at the same time he would leave the Bench, go back among the spectators - "the boys," as he would call them - and talk familiarly with Tom, Dick or Bill, take or give a cigar, enjoy a social smoke with them, and often sitting on their lap, while at the same time he would closely follow the case on trial.

Stephen A. Douglas served in the House of Representatives, until 1847, when he was elected to the United States Senate. In 1860, he was nominated by a faction of the Democratic party for the Presidency. Upon the election of President Lincoln and the breaking out of the Rebellion, he, true to his country, visited President Lincoln before leaving Washington for the camps of Illinois, and gave him his heartiest support.

Arriving at Springfield, he was publicly received by Gov. Yates, to whom he gave the same assurance of his entire co-operation in putting down the Rebellion. Springfield and the camps were full of volunteers for the war. He was asked by the Legislature and the leading citizens to give a public address. Here he made one of the greatest and most noted speeches of his life, denouncing the secession movement as a wide-spread conspiracy to overthrow the best Government that the sun ever shone on. The next day he rode through the camp with his beautiful and accomplished wife, making short speeches to the soldiers. His action at this particular time was a great service to the Union. It was heralded throughout the country that "Douglas sustains Lincoln." From Springfield he hastened to Chicago, where he delivered in the "Wigwam" his great and last speech, pleading, even at the threshold of death, for the cause of the Republic.

His exhaustive labors, together with the severe cold already contracted, were too much for his overtaxed constitution, and after the speech, he returned to the Tremont House and laid down to rise no more in this life.

Hon. Jesse B. Thomas was the next on the Bench following the lamented Douglas. He had a very difficult position to fill. He had, however, a judicial mind, and made an excellent Judge, discharging the duties of the office with credit to himself and satisfaction to the people. He was subsequently appointed to another district, and soon after he died.

Hon. Norman H. Purple served from 1845 to 1849, when he resigned. He was distinguished for his legal attainments and executive ability, and retired shedding lustre over the ermine. He was a good criminal lawyer and a fine advocate, and had the reputation of being one of the best attorneys at this Bar; with this he had also the reputation of being a great wag. He died at Peoria years ago.

Hon. William A. Minchall, formerly from Tennessee, and at this time from Rushville, succeeded Mr. Purple, serving from 1849 to 1851. He had been

He was a good lawyer and an excellent Judge. His specialty as a lawyer was on the trial of land cases. He was trying an important case at one time, when Judge Purple was presiding, and was making a long and exhaustive argument for his client. Finally, the Judge asked him which side of the case he was on, anyway. Minchall stopped and looked around for some moments, and then turning to the Clerk, said, "Mr. Clerk, will you please tell me which side of the easel am on?" He has been dead some years.

Hon. William Kellogg, from Canton, served after Minchall. He was a good lawyer and had an extensive practice before his elevation to the Bench. As a Judge he gave general satisfaction. He has been dead some years.

Hon. H. M. Weed, presided from 1852 to 1855. He was a fair lawyer, but did not achieve much of a reputation as a Judge. He died in Peoria many years ago.

Hon. John S. Thompson, from Mercer County, served five years from 1855 to 1860. He was hot brilliant, but a careful Judge, and gave general satisfaction. After leaving the Bench, he went to California, where he accumulated a large fortune. He is now living in Southern California.

Hon. Aaron Tyler, of Knoxville, was the next Judge to preside, only one year. He was only a medium lawyer, but a conscientious man. He died at Knoxville.

Hon. Charles B. Lawrence, was the presiding Judge here, from 1861 to 1864. As a lawyer he was good in all branches of the profession except criminal, and was an ornament to the Bench. He was one of the ablest jurists that ever presided in this Circuit. From the Circuit he was promoted to the Supreme Court of the State, where he remained several years adding new laurels to his judicial fame. His health giving away, he made a trip south in 1884, with the hope that change of air and rest would restore his physical power and renew his vital energies. But it was too late. He died before he reached home, and his remains were brought back and interred in the Galesburg Cemetery.

lawyer and advocate before his promotion to the Bench. He is a man of fine executive ability, very quick and clear in his solution of law points, sound in his judicial decisions, and irreproachable in character. He is distinguished also for the large amount of judicial business which he dispatches during his term of court. During his long incumbency he has added new lustre to the Monmouth Bench. (See Biography).

Hon. Arthur A. Smith. In the fall of 1867, Arthur A. Smith assumed the ermine, and is still one of the Judges of this Circuit, residing at Galesburg. He is a good sound lawyer, a man of strict integrity, and during his long service has reflected credit upon the legal profession.

Hon. George W. Pleasants was elected to this Circuit in 1879, but seldom presides at Monmouth. He is well read in his profession, a man of fine ability, and is a good presiding officer, and conscientious in the discharge of his judicial duties.

In 1877, this Circuit was changed from the Eighth to the Tenth, the Eighth Circuit comprising Knox, Warren and Henderson Counties was consolidated with the Circuit North, consisting of the counties of Mercer, Henry and Rock Island, and is now called the Tenth Judicial District. There are three Judges elected represented at present, as follows : Arthur A. Smith, of Galesburg; John J. Glenn, of Monmouth ; and George W. Pleasants, of Rock Island. These Judges arrange their work usually so as to enable them to preside in their respective courrties.

J. THOMAS FORD, was the first gentleman to hold this position for this county, and was in this office when the Indians ^ were brought up for trial. He was a man of "considerable learning, of noble manhood, strict integrity, a good lawyer, and very prepossessing. As a Prosecuting Attorney, he was thorough, forcible, and very successful. He served until 1835, when he was elected Judge four terms by the Legislature, twice a Circuit Judge, once a Judge in Chicago, and an Associated Justice of the Supreme Court. He was assigned to the Ninth Judicial District, and while holding this office was nominated by the Democrats for Governor, and elected by a large majority. He died at Peoria, Nov. 2, 1850.

Hon. William A. Richardson succeeded Gov. Ford, serving until 1837. He was a man of great moral courage and strong will power. He was a good lawyer and a successful Prosecuting Attorney. When the Mexican War broke out he enlisted and was assigned to the command of a regiment, and served with distinction. Returning home after the termination of the war, he received the nomination by the Democrats for Congress, and was elected five times serving until 1860. During the latter part of President Buchanan's term he was appointed Governor of Nebraska, which position he resigned after a service of a few months.

Hon. William Elliott followed Mr. Bryant, serving from 1839 to 1848. He was an excellent lawyer and also a good fighter, serving with distinction in the Black Hawk War, where he was wounded in a handto-hand encounter with one of the red braves whom he killed. He also served in the Mexican War. He died soon after the close of this war, at his home in Louisville.

Hon. R. S. Blackwell, from Rushville, filled the office from 1848 to 1852, and was one of the most brilliant and successful Prosecuting Attorneys that ever presided in this Circuit. He was a splendid criminal lawyer, a good advocate and very forcible before a jury. He was also a thorough law student, well versed in all the intricacies of the profession. Subsequently he located in Chicago, where he practiced many years and distinguished himself before the Chicago Bar. He was a lecturer at one time before one of the law colleges. He has been dead several years.

Hon. H. G. Reynolds from Rock Island, was Prosecuting Attorney from 1850 to 1854. He was a good attorney and a successful prosecutor. He was also an active man in all public enterprises and quite a politician. While in this office he moved to Knoxville. After the expiration of his term, he moved to Springfield, where at one time he was Grand Secretary of the Masonic Order. From Springfield he emigrated to Kansas.

Hon. William C. Gowdy succeeded Mr. Reynolds from 1854 to 1855. Before assuming this office, he had built up an extensive practice and had established a fair reputation as a lawyer; also as a politician,being very active in the Democratic Conventions. He moved to Chicago in 1859, where he is still engaged in the profession.

James H. Stewart succeeded Mr. Craig, serving about nine years. He was a good lawyer and a careful and painstaking Prosecuting Attorney. There were very few escaped punishment while he held the office. His long service showed that he was appreciated by the people he served. (See biography).

Hon. James A. McKinzie, of Galesburg, served from 1864 to 1872, succeeding Mr. Stewart. He made a good Prosecuting Attorney and filled the office with credit to himself and the people who elected him. His specialty was in the criminal practice.

Hon. William Marshall succeeded Mr. McKinzie serving four years and with marked ability. He studied his cases well and was a good prosecutor.

Hon. John W. Matthews, of Monmouth, the present incumbent, entered upon the discharge of his duties in 1880, and was re-elected in 1884. Mr. Matthews is a good lawyer and is very zealous in his application to the duties of the office. He has been successful as a prosecutor and is very popular. He is yet young and bids fair to achieve distinction in the profession. (See biography, on page 357.)

MONG the lawyers who have practiced at the Monmouth Bar and who have died TO or moved away, may be mentioned the following : O. H. Browning, of Quincy, 111., was a fine orator and a good advocate, and probably one of the best land lawyers that ever pleaded at this Bar. He was a member of the Legislature several years and was also elected to a seat in the United States Senate. His reputation as an attorney extended throughout the State.

Ivory Quinby was one of the first lawyers to locate at Monmouth. He was also the first County Judge under the act of 1849. Judge Quinby was a sound lawyer and active in all matters that tended to develop and improve the county, and was ever ready to aid the deserving and needy. He died Oct. 23, 1869. (See biography, page 375.)

Julius Manning, who resided at Knoxville, was one of the finest pleaders at this Bar. He was an eloquent speaker and almost unrivaled before a jury. He was very methodical in his work, was a close student, and would never accept office, though he took a deep interest in politics. He was a man of social habits and fond of good society. He died July 4, 1862.

Cyrus Walker, from Macomb, practiced at this Bar. He was a fine criminal lawyer and one of the best that ever appeared before the Warren County - Bar. He died a few years ago.

J. H. Mitchell was an ornament to the profession. He is reported to have been a man of extraordinary memory and of remarkable character. He was a fine counsellor and good in all branches of the profession.

A. C. Harding was one of the prominent members of this Bar, and a very successful practitioner. He had an extensive practice up to the time of his demise. (See biography, page 541.)

Wyatt B. Stapp was for a long time a member of this Bar and a good general lawyer and successful practitioner. He took a prominent part in the public affairs of the county and was a much esteemed citizen. He died some years ago.

The Bar of Warren County is still ably represented by J. W. Davidson, who is now the oldest representative of the profession in the county ; also by James H. Stewart, an old timer ; and others, whose names will be found in the biographical department of this work.

BOUNTY Commissioners' Court, the April term, 1831. It was ordered that proposals should be received and contracts be entered into for the building of aCourt House, on plans to be furnished by the Court. The plans were not intricate, nor did they require in carrying them out much architectural skill. A marble or frescoed hall was not needed in those days for the dispensation of Justice. The building was to be 20 x 22 feet on the ground, 9 feet between floors, and to be built of logs, hewn on the outside and inside. The construction of this building, within the walls of which Justice was to be meted out to the people of Warren County, was let at public venue to Francis Kendall, at $57. It was located on Main Street, a little north of Garden Street. This crude building served the purpose for which it was erected for several years, and after it was superseded by a new one was sold for $21, to James Hodgin, September, 1835.

At the March term of the Court, in 1835, it was decided to have a new Court House, and a committee of three was appointed to prepare plans for the same. It was decided to have a frame building, the dimensions of which were to be 20x30 feet on the ground and one story and a half high. The contracts were let separately, to different persons, the entire cost to be $773. It was located on block 33, lots 5 and eight. Daniel McNeil, junior, was appointed to superintend its construction. It was never fully completed, and was only used about two years, or only until another building was erected. In June, 1837, the County Commissioners made an order for a new Court House, had plans and specifications made, and closed the contract for its erection to Cornelius Tunnicliff, for $8,998, who was the lowest bidder. It was located in the Court-House block. Tunnicliff, after commencing the work, drew $1,000 as his first installment, and then absconded. The contract was turned over to his sureties, Daniel Mc- Neil, Jr., Justus Woodworth, Mordica McBride and George H. Wright, who completed the work. It was received from their hands March 14, 1841, when they were relieved from their bonds. This building is still used by the county. Its dimensions are 40 x 50 feet, two stories high, with a stone foundation and brick walls. A large vault has been added to the building since it was completed, for the depository of records. The building is inadequate to meet the demands of the county and the advanced condition of the people ,and it is expected that in a few years it will give place to a large, handsome and modern structure.

N the 5th day of September, 1832, the County Commissioners made an order appropriating lot No. 15, Block 6, for the purpose of having constructed upon it a jail. Some crude plans were drawn containing the size and material for the jail, and bids called for. The construction was let to Jacob

Rust, the lowest bidder, for $300. It was completed and accepted by the Commissioners, March 4, 1833, and the Treasurer of the county was directed to pay Mr. Rust the money. This jail was rather remarkable for its construction, and its builder received much praise for the ingennity of his work. It was thought in those days that once a prisoner was inside its walls, there was but one way for him to get out, and that was through the door, with the aid of the jailer's key. In the first place an excavation of two feet was made in the ground, and floor laid at the bottom. This floor was composed of two layers of hewn logs, one foot square, one layer crossing the other. The walls of the first floor were of the same thickness, and constructed of the same material, the ends of which were dove tailed into each other. The upper story was built of one thickness of logs, closely joined and fastened with bolts. In the center was a heavy trap-door, which was secured by strong iron hinges and a padlock. A substantial solid roof