Washington County, Illinois - Chapter 5: Civil History, 1879

Chapter 5: Civil History

RIOR to March 1st, 1784, Virginia owned all the territory situated north-west of the Ohio River. On the date above mentioned, that State, by its delegates in the Congress of the United States, conveyed to the United States all the " right, title and claim, as well of soil as of jurisdiction/' which the said Commonwealth had to the ter¬ ritory north-west of the Ohio.

At that time, the population of that vast region did not exceed the present population of the County of Washington. It was a vast expanse of uncul¬ tivated land, covered with wild grass, filled with wild game, and inhabited by wild men.

On the 13th of July, 1787, Congress passed an ordinance " for the govern¬ ment of the territory of the United States north-west of River Ohio," by which it was provided that, as soon as there should be five thousand free male inhabitants of full age, in said district, they should have authority to elect representatives to the General Assembly. This was the first organiza¬ tion of civil government here under the control of the government of the United States.

Congress appointed the Governor, Secretary and Judges. The people had no part in making the laws until their population should comprise five thou¬ sand free male inhabitants of lawful age. The Governor and Judges, or a majority of their number, were authorized to select and publish such laws - civil and criminal, - of the original States as they deemed suitable or neces¬ sary for the government of the districts. The power to make laws remained in the hands of the Governor and Judges for nearly thirteen years, at the end of which time the territory could "muster" the requisite five thousand " free male inhabitants of full age." An election was held, and members of the Legislature were chosen. The territorial Legislature convened at Cin¬ cinnati, then better known as Foit Washington, on the 16th day of Septem¬ ber, 1799. It was found that a quorum was not present, and in consequence thereof the organization was delayed for eight days. The territory, which now comprises the grand Commonwealth of Illinois, was known as Knox County, and was entitled to but one representative in that legislature. Shadrach'Bond was the representative ; he traveled nearly four hundred miles to attend.

By act of Congress of May 7th, 1800, the North western Territory was divided, and all that portion lying west of the mouth of Kentucky river, into what was called Indiana Territory. All this territory, which embraced all that now comprises the States of Indiana and Illinois, did not contain the necessary five thousand free male inhabitants to entitle them to the right of self-government. Illinois remained a part of Indiana for nine years.

Oo the 3d day of February, 1809, Congress passed an act forming Illinois Territory, of all that portion of the territory west of the Wabash river. At that time there were not found in all this vast territory the "five thousand free male inhabitants/' consequently the territory was governed by laws made by the Governor and Judges appointed by Congress. Three years elapsed before the necessary population was here for a territorial legislature. Washington County was, at this time, a part and parcel of St. Clair County, and remained so until 1817. In this year the legislature in session at Kaskaskia passed an act forming the County of Washington, establishing its boundaries within the lines now encompassing the counties of Clinton and Washington. In 1827 the Legislature of the State passed an act forming of the north half of Washington County, the County of Clinton. This con¬ stitutes the history of the legal sub-divisions of Washington County, from the days when it was, in law and in fact, part of the great State of Virginia, to the time above mentioned, when Clinton County was formed of a part of ita territory.

County Beat

By the same act of theLegislature that formed the original County of Wash¬ ington, three commissioners were appointed, viz.: Jacob Purman, Reuben Middleton, and Leaven Maddux, who were authorized to examine and locate a seat of government for the county. They met at the house of Jamer Bankson, on Shoal creek, in what is now Clinton County, March 2d, 1818. Their report says: " And considering the importance of said site being located on the margin of a navigable stream, as near the center of the pre¬ sent and future population of said county as is consistent with expediency and justice, do, upon mature consideration, pronounce that a part of the north-east; north-west; a part of the south-west of section thirty-three, and a part of south-east of section thirty-two, in township one, north of range three west; and part of the north-east quarter of section five; and a part of the north-east quarter of section four, township one, south of range three west, combine more advantages, in our estimation, than any other site in said county. We therefore affirm and declare by the power vested in us, that the permanent seat of justice for said county shall be established thereon." This wss on the site of the old town of Covington, - the name applied to the county-seat, - which was situated on the Kaskaskia River, about three miles north of the present county-seat. Covington remained, in fact, the county, seat until 1831, when the seat of justice was removed to Nashville.

When the county of Clinton was detached from the territory that com¬ prised Washington, in 1827, Covington was so near the dividing line of the two counties that the removal of the county-seat was provided for by the appointment by the Legislature of Campbell Gilmore, William Farris and another roan whose name is not known, as commissioners to permanently locate the " seat of justice " of said county. Gilmore and Farris met, and located the seat of government for said county, " on sections 19 and 20, township two south, range three west, centering near the line of said sections, at a pole put up about forty-five yards east of two wells on section 19." Pro¬ vided always that Tilgbman H. West, who owned the land, would give not less than twenty acres for public buildings. Should West refuse to give the twenty acres, then the county-seat was to be located on the south-west quarter of section 17, township two south, range three west, belonging to John Hutch¬ ings, who had promised to deed the required twenty acres. West refused to give the land, and the site was located on Hutchings' land. He, however, refused to make the deed until the to mi had been laid out, surveyed and the lots sold. The commissioners employed Wm. Moore, a surveyor of St: Clair County, who surveyed the town and laid it out in regular order. The lots were sold on the 13th day of September, 1827, after which Hutchings ap¬ peared before the commissioners' court in Covington, March 3d, 1828, and delivered his deed. The sale of lots, as shown by the records, realized one hundred and sixty-eight dollars.

The court-house, or other public buildings, were built here; and when Judge Smith came to hold court, in March, 1829, he found no traces of habi¬ tation or civilization save a pole standing solitary and alone, and the wells before mentioned. He abandoned Georgetown forever, and nothing more was ever heard of it as the county-seat.

The Georgetown location never did please any considerable number of the inhabitants, and the " county-seat question " was a disturbing element between the " East " and " West settlements," as Beaucoup and Elkhorn were then known. It entered largely into political contests; aspirants for office, like the inimitable Davy Crockett, being often called upon to define their position on the "county-seat question." Whether the politicians of this county, at that day, were as successful in playing the non-committal policy as the great bear-hunter was, is not a matter of record. From 1828 to 1830, the conten¬ tion was great about a re-location. The land upon which Nashville is located belonged to the government; and the people who favored the location of the county-seat upon this site were too poor to raise the ready money to purchase the land. David Pulliam, a farmer and large stock raiser, who lived about three miles south of Nashville, was the only man of the "Nashville party " who could raise a hundred dollars in cash whenever he desired to do so. To him a deputation of the friends of Nashville went, and urged him by all means to proceed to Kaskaskia, and purchase the land. So strongly and persistently did they apply arguments and appeals to him, that he became so irritated with the annoyance that he pulled off his old white wall hat, threw it on the ground and said: " I would not give that old hat for all that town will ever make." Two men of St. Clair County, of considerable means, viz. : Robert Middleton and Wm. G. Brown, were finally induced to purchase the land.

In March, 1831, the town was laid out, platted and surveyed by A. WCasad, surveyor, and declared by the commissioners, David White, Livesay Carter and Joseph Whittenberg, the permanent seat of justice of Washing¬ ton County.

Court-Houses

There are no records by which the dimensions or cost of the court-house at Covington oan be obtained. One thing is certain, - it was rude and primi¬ tive, and in keeping with the character of other improvements, public and private, of that day.

| As befbre mentioned, there was no court-house at Georgetown. On the 25th day of June, 1831, the county commissioners contracted with Thomas I L. Moore for the building of a court-house on the public square in Nashville, under which contract Moore erected the old frame court-house, which con- | tinued in use as such until 1840.

Present Court-House

On April 1st, 1840, the commissioners contracted with Malachi Jenkins for the erection of a new court-house, according to a plan furnished by Harvey Neville. The price agreed to be paid was $4,385. The building was built upon the site occupied by the old one. The court-room was, at first, on the ground floor; the offices on the second floor, and was changed to its present model in 1855.

Pint Constables. At the first meeting of the justice's court, at the house of James B&nkson, on March 9th, 1818, Leaven Maddux, James McCracken and John Clary were appointed constables for the county. At this same term of the court, three " writs of ad quod damnum " were ordered issued to condemn lands for mill seats upon ShoaL creek and the Kaskaskia rive* License was granted, also, to Theophilus Harrald, "for retailing spirituo» l* liquors." upon his paying into the county treasury the sum of six dolla and the clerk's fee. William H. Bradsby produced his commission from the Governor, as County Clerk ; also Daniel S. Swearingen presented his com¬ mission as Sheriff. Bolin Green was sworn in as deputy-sheriff of the county. The following orders were also made :

"Ordered that Abraham Thompson be licensed to keep a public house or tavern, on Shoal creek, on the United States road, and be allowed to letail spirituous liquors at the same, and that he pay the sum of eight dollars as a tax on said license for one year."

"Ordered, that Lemuel Lee be licensed to keep a public house where he lives, on the Vincennes road, on the east side of the Kaskaskia river, and that he pay eight dollars tax on his license, and that he have leave to retail spirituous liquors."

Licenses were also granted to Barnet Bone and Robert Davis respectively, to keep public houses on "Sugar creek, on the United States road," and "on ! the west side of Sugar creek," and each was permitted ft> retail spirituous liquors.

The following is the schedule of rates adopted by the court, which these "Keepers of Public Houses" were allowed to charge their guests: Break¬ fast, 371 cents; dinner, 871 cents; supper, 371 cents; 1 pint of Whisky, 121 cents; horse feed for night, 50 cents; Peach brandy, rum, or wine, 50 cents per half pint; bedding, 121 cents; hone feed, 181 cents.

" Ordered, that the ferry, on the Kaskaskia river, where it is crossed by the United States road, now in the possession of Phillip Martin, be taxed ten dollars."

First Roads

The first roads that were laid out, of which we find any record, are: one that John Brown, Jacob Turman and Ephraim Walker were appointed to " view," " leading from the town of Covington to the hill on the opposite side of the river, the level and nearest way for a road, and to report to the next court." James Ratcliff, Job Ratcliff and Jo hua Fisher were " appointed to view a road leading from the town of Covington, to intersect the road leading to Middleton's Ferry, to Shawneetown, at the level and most convenient point, and to report at the next court." There is nothing to show that either committee ever reported to the court, but mention is made that the roads were located.

On the 20th of September, 1818, John Martin was appointed tax-collector of the county. He was required " to enter into bond in the sum of $400, with Phillip Martin as security for the faithful discharge of his duty."

The practice of paying a bounty on wolf scalps dates back to the earnest period of the organization of the county. The original bounty paid, as found on record, was $2 per scalp. The justice's courts, in those early days, seemed to have regulated almost everything, stopping not much short of con¬ trolling the private business of individuals. They taxed the keepers of pub-

The following are the rates fixed for ferrymen : For wagon and team, 50 cents; for wagon and one horse, 37 h cents; a two-wheeled carriage drawn by horses or oxen, 25 cents; for tnan and horse, 12* cents; for footman, 6} cents; sheep and hogs, 3 cents per head. And " when the waters were so high on the Kaskaskia river that the boats had to be carried from hill to hill double rates were allowed."

At the August term, 1819, of the justices' court, John Martin, county collector, reported that he had collected, as taxes, the amount of $129.30.

" Know all men by these presents, that Joseph Watkins, of Illinois terri¬ tory an$ county of Sinclair, am held and firmly bound unto Daniel Swear¬ ingen of territory and county above mentioned, in the penal sum of sixty dollars lawful money of the territory.

The condition of the above obligation is such that if the above-named Joseph Watkins doth convey legally to the afore-named Swearingen, ten acres of land in fee simple, beginning at an ash, the north-western corner of the south-west quarter of section No. 12, in township No. 2, north of No. 4 west, and running south forty poles, from thence east forty poles, so as to include ten acres of land, then the above obligation to be null and void and of none effect Signed, sealed and delivered this 18th day of May, 1817, in the presence of Joseph Watkins, [seal].

In the name of God, Amen. I, Peter Branstetter, infirm of body, but of sound mind, do make this my last will and testament. I do trust in God that my dear children will continue to live in brotherly affection, and make, without further contest, the disposition and distribution of my property that I shall here direct, and that my dear wife having repeatedly expressed a wish to return to Tennessee, will not exercise her right of dower, to the staying or preventing of any sale I may herein direct. Should my children prefer, or a majority of them prefer, or think it more expedient to remain on and culti¬ vate, in harmony aod as a band of brothers, the land upon which I now reside, I do wish them so to do, and do by this my last will empower them. But should it be the wish of my wife and two of my older-sons, or three of my older sons without my wife, my oldest son, John (who is hereafter pro¬ vided for), excepted, to sell the same and to return to Tennessee or elsewhere, I desire they will do it; but it is my desire that they will not force the same at public sale, but make a fair disposition thereof at private. The proceeds of said sale if effected, I wish equally iivided among all my children, my said eldest son, John, excepted, to whom I leave fifty dollars to be paid out of the first money that can be spared from the immediate expense of the family. In addition to the proportion that the law gives my dear wife in right of dower, I do give and bequeath to her the negro girl called Maria, now living with and belonging to me, my said wife having often desired the same. Hav¬ ing only two other negroes, and having often promised them thereto, I do hereby give and bequeath the same to my children by my first marriage, my said son John excepted.

In testimony whereof I have hereunto set my hand and affixed my seal this 28th day of July, in the year of our Lord, one thousand and eight hun¬ dred and eighteen. Peter Branstetter, [seal].

Their Appointments And Elections

Was held March 9th, 1818, called Justices' Court. There were present three Justices, ap¬ pointed by the Governor, as follows: Zachariah Maddox, John Johnson and David Pierce. It appears from the records that James Bankson takes the place of David Pierce, and signs the proceedings as one of the Justices.

John Thompson and Absalom Yarbrough, elected in 1824; and Robert McEver, re¬ elected in 1824. We find no record of the above Commissioners' election, but find they sign the proceedings at the May term, 1824.

At a special election held March 5th, 1825, there were elected three County Commis¬ sioners to fill the vacancy caused by the removal of John Thompson, Joseph Huey and John H. Morgan.

At this time the law was so amended as to require the Commissioners to be elected for a term of three years; the first three, one for one year, one for two years, and one for three years ; after which one would be elected every ytar. Under this law there were elected the

Demsey Kennedy (one year), re-elected in 1838, and Jacob B. House (two years) and Linville Rountree (three years), elected in 1838; Thomas F. White, elected in 1839; Henry Williamson, elected in 1840; John Cfain, elected in 1841; Thomas F. White, re¬ elected in 1842; Henry Williamson, re-elected in 1843; Benjamin C. Nelson (died in office), elected in 1844; Thomas F. White, re-elected in 1845 J Greenville Rountree (to fill vacancy caused by death of Nelson), elected in 1846; Elijah Goodner, re-elected, in 1846; William H. Hagans, elected in 1847 J Thomas M. McCracken, elected in 1848.

In 1848 t)>e new Constitution of tLe state made a change, organizing a County Court to do the business of the county, with one Judge, having probate jurisdiction, and providing for two Associate Justices, all to hold office for four years. Accordingly, under this law there were elected:

Thomas F. White, County Judge, William H. Hagans and John Williams, Associates, elected in 1849. Thomas F. White, County Judge, re-elected in 1853; Lewis W. Crain and Linville Rountree, Associates, elected in 1853. Thomas F. White, County Judge, re¬ elected in 1857; Linville Rountree, Associate, re-elected in 1857, and H. P. H. Morgan, Associate, elected in 1857. William M. Phillips, County Judge,-elected in 1861; John Akins, Associate, elected in 1861, m»d H. P. H. Morgan, Associate, re-elected i(t 1861. William M. Phillips, County Judge, re-elected in 1865; John Huegely and-H. H. Meyer, Associates, elected in 1865. In 1866 Wm. M. Phillips resigned his position as County Judge, and William J. Stevenson elected to fill van£ancy in 1866. Williani J. Ste¬ venson, County Judge, re-elected in 1869; H. H. Meyer, Associate, re-elected in 1869, and Richard Tierney, Associate, elected in 1869.

In 1870, the new Constitution vacated the office of Associate Justices, and created what is called a Board of Commissioners, to take charge of the county business, to be elected for a term of three years ; the first three, one for one year, one for two years, and one for three years, to be determined by lot; after which one would be elected every year. Under this law there were elected :

Joel P. Watson (one year), 1873. Leonard Merker (two years), 1873. G. W. Phillips (three years. Resigned in 1866), 1873. Henry Moellman, 1874. Leonard Merker, re¬ elected, 1875. L. B. Baldwin (appointed to fill vacancy caused by-Phillips' resignation), 1876. George T. Hoke, 1876. Frederick Dankraeyer, 1877. J. H. Sabert, 1878.

Daniel S. Swearingen,appointed in 1818. Harry Wilton,elected in 1819. Boling Green, elected in 1820. Joel Medley, elected in 1822. John S. Carrigan, elected in 1823. Levin N. English, elected in 1824. Thomas H. Moore, elected in 1825. William C. Wallace, elected in 1829. John Crain, elected in 1830. John White, elected in 1836. John H. McElhannon, elected in 1840, resigned in 1845. J°^ n N. Vemor, elected in 1845. Willis White, elected in 1848. Isaac B. Jack, (died in office), elected in 1850. Francis D. Tay¬ lor, Coroner, filled Jack's unexpired term. John White, re-elected in T852. Salem Good¬ ner, elected in 1854. John White, re-elected in 1856. Asa C. Cofley, elected in 1858. Salem Goodner, re-elected in i860. James Garvin, elected in 1862. James H. Sawyer, elected in 1864. W. H. Clayton, elected in 1866. D. R. Meyer, elected in 1868. John White, re-elected in 1870. James Garvin, re-elected in 1872. Jacob May, elected in 1874; re-elected in 1876. Wm. Lane, present incumbent, elected in 1878.

Rufus Recker, appointed in 1819, and resigned in 1819. John H. Lambert, appointed in 1819, and resigned in 1820. Calvin Barnes appointed in 1820, and resigned in 1821. John Woodrome, appointed in 1821, served until 1823. Charles Stephens { appointed in 1822, served until 1825. James Johnson, appointed in 1825, served until 1827. Samuel Y. Henry, appointed in 1827, served until 1836. George W. I<ee, appointed in 1836, served until 1843. James Ramsey, elected in 1843, resigned in 1855. John W. Phillips, appointed to fill Ramsey's unexpired term, 1855. Washington Walker, elected in 1856, served until

County Judges: Thomas F. White, elected in 1849; re-elected in 1853; re-elected in 1857, served until 1861. Wm. M. Phillips elected in 1861; re-elected in 1865, served until 1866. W. J. Stevenson, elected in 1866; re-elected in 1869, served until 1873 (died in office). Isaac Miller, appointed in 1873, served (less than one year) until 1873. M. M. Goodner, elected in 1873, served until 1877. Daniel Hay, appointed in 1877, served (about one month). George W. Vernor, elected in 1877, present incumbent.

In the early history of the county we find that other civil officers were appointed and served in various positions. In 1839, at the March term of the Commissioners' Court, two Assessors were appointed, one for the Eastern and one for the Western district; which prac¬ tice was continued for several years thereafter. Champness Ball, eastern district, was ap¬ pointed in 1839. James G. Harris, western district, appointed in 1839. Champness Ball, eastern district, re-appointed in 1840. James G. Harris, western district, re-appointed in

It appears that the office of Recorder was separate and distinct from that of any other office during the period between the dates 1835-1843. Wm. Boyd was appointed in 1835. Wm. Boyd was elected in 1839. James Bums, elected in 1839; re-elected in 1843.

Prior to 1844, the office of County Collector was distinct from any other office. At that date, the office of County Collector was abolished, and the Sheriff was made ex-officio Col¬ lector of the county. Below will be found the names of the County Collectors:

John Martin was appointed in 1818, and we find no other appointment on record until James G. Harris was appointed in 1837. Isaac Parlier, appointed in 1840; re-elected in

At a regular term of the Justices' Court, on March 18th, 1818, four voting precincts were made for the county, to be known as follows: Sugar Creek township, Carlyle township, Crooked Creek township, and Covington township. In 1820, another township was created, called Shoal Creek township.