Thompson

Chapter 5

County Seat Moved to Atlas, Only Settlement in Wilderness of Pike


THE ORIGINAL Pike county commissioners — Leonard Ross, John Shaw and William Ward — who held the first Pike county court at Coles' Grove April 24, 1821, sat in court session for the last time on June 6, 1822. The last act of the original commissioners was a grant to George Davenport of a license to keep a tavern at or near Fort Armstrong in Pike county. Fort Armstrong was at the lower end of Rock Island. Mr. Davenport was the man who kept the trading post at Fort Armstrong, and, in whose honor, Davenport, Iowa, across the river from the fort, was named.

On August 5, 1822, occurred the election for a new set of county commissioners, resulting, as we have seen, in a contest between Coles' Grove and Ross's Settlement and the claims of two sets of commissioners as the legally elected representatives of the people. The Coles' Grove claimants, namely, Ebenezer Smith, William Metz and James Nixon, at first sustained by the Pike circuit court, later were ousted by the same court which declared James M. Seeley, David Dutton and Ossian M. Ross, the Ross's Settlement claimants, to be the legally elected commissioners. Judge Ebenezer Smith, one of the Coles' Grove contestants, was one of the earliest settlers in what is now Calhoun county, settling at a point below the present site of Hardin in 1819 and planting there the first apple orchard in what is now the apple kingdom of Calhoun.

On March 4, 1823, David Dutton and James M. Seely convened the commissioners' court in Coles' Grove. Ossian M. Ross, the third commissioner, did not appear, he having become a resident and the duly elected sheriff of the new county of Fulton which had been cut off from Pike county on January 28, preceding. On March 3, David Dutton had appeared and opened court, but no quorum being had that day, court was adjourned until the following day. Coles' Grove did not realize it, but this was to be the last legal court session held there.

On March 4, before Dutton and Seeley, sitting commissioners of the court, appeared Daniel Moore with a report that for more than a tear was to be a bone of contention between the pioneer settlements and which was destined to plunge the county-seat issue once more into the higher court. My Lord Coke Whitney's record of the proceeding at Coles' Grove on March 4, 1823, reads as follows:

"Daniel Moore, one of the commissioners who were appointed under and pursuant to an Act of the Legislature of this State approved December 30, 1822 to fix upon and locate the permanent seat of justice for Pike county, presented the report of said commissioners, together with a deed from William Ross and Rufus Brown to the county commissioners of said county and their successors in office, for one acre of land as described in said deed for the use of said county; and ordered that the report of said commissioners and said deed be entered on the records of this court, which said report is in the words following, to-wit:

"The commission appointed under and pursuant to an Act of the Legislature of this state, approved December 30, 1822, to fix upon and locate the permanent county-seat, or seat of justice, for Pike county, have attended to the service assigned them by that act; and do report that they have fixed the permanent seat of justice of said county upon Section 27, Town six south, Range five west, and have taken a deed of the proprietors of one acre of land on which to erect the public buildings, which is particularly described in said deed, which is transmitted with this report; and that they have named the seat of justice Atlas.

"In evidence whereof we have hereto set our hands and seals at the County of Pike, this third day of March, A. D. 1823.

JOHN SMITH
DANIEL MOORE
DANIEL SHIN."

It should be noted that the above report of the county-seat commissioners is signed by only three of the five commissioners appointed by the state legislature. Ossian M. Ross, one of the commissioners, was barred from serving when the county of Fulton where he resided was cut off from Pike a month after his appointment. Garrett Van Dusen, another commissioner, served as such, but for some reason did not sign the report. It should also be noted that the date of the commissioners' report is March 3, 1823, whereas the legislature had specified that the permanent county seat should be designated "on or before the first day of March." These were alleged invalidating errors upon which a future contest was to be based.

The deed above referred to is dated March 2, 1823 and shows a consideration of $50 for the one acre of ground which was to become the site of the first permanent seat of justice ir. Pike county. The deed was sealed and delivered in the presence of Leonard Ross and John Ross and attested by J. W. Whitney, justice of the peace.

Just prior to the dating of this deed, William Ross and Rufus Brown, the grantors, had surveyed and laid out a new town adjacent to the early log settlement of the Rosses. The new town now took the name of Atlas, succeeding the earlier Ross's Settlement. The name of Atlas, according to common report many years ago among descendants of the pioneers, was suggested by one of the Rosses who recalled the day in 1820 when the little party of home- seekers, after weeks of weary travel, beheld before them the beautiful prairie at the foot of the Mississippi bluffs. One of their number, as they paused in admiration of the scene, exclaimed "At last!", whence the name "Atlas." This reputed origin of the name is supported in the 1859 writings of Charles J. Sellon, based upon his intimate interviews with the Atlas pioneers.

Immediately following the order of the commissioners' court that the report of the county-seat commissioners, and the deed transmitted therewith, be entered on the records of the court, the last commissioners' court to be held in Coles' Grove adjourned "until court in course."

Now, as may be imagined, there is gloom and foreboding in the settlement of the Black Prince. The settlers well known that loss of the county-seat means oblivion for Coles' Grove. One last desperate effort is yet to be made to retain the seat of justice.

On the contrary, in the new town of Atlas, all is bustle and excitement. The dream of the Rosses has been realized. The rude settlement begins to take on county-seat airs. The early log court house at Coles' Grove, built in 1821 without a single nail or bit of iron, is moved to the location deeded to the county at Atlas. Sheriff Leonard Ross has charge of moving the building, repairing it and fitting it up as a temporary court house, and here, in this improvised log structure, on March 18, 19, 20 and 21 (1823), the first court is held in the first permanent seat of justice in Pike county. This also is the first court session to be held within the present limits of Pike county, all former Pike county courts being within the boundaries of what is now Calhoun county.

The first court held at Atlas was a special term. David Hutton and James M. Seeley, convening court on March 18, decided to postpone the official business of the court until the following day, because of an election that was being held in the county that day to select a county commissioner to fill the vacancy caused by the resignation of Ossian M. Ross, for the reasons heretofore stated.

In the election of March 18, 1823, Amos Bancroft was elected to succeed O. M. Ross. Bancroft was a resident of Coles' Grove precinct but was allied with the Rosses and in the bitter election of 1822 had supported Nicholas Hansen and the Ross's Settlement candidates for county offices, thereby incurring the hostility of the Black Prince. His election, therefore, as county commissioner, was not unpleasing to Atlas.

On Wednesday, March 19, court reconvening, Bancroft "appeared in open court, took the several oaths required by law, and thereupon took his seat." The court then proceeded to transact the county's business, which was so voluminous that two full days were required therefor.

Let us for a moment consider the Pike county of that distant day, when the Honorable Commissioners were met to hold the first term of court in the new capital at Atlas. Pike county was yet a wilderness. Within the county, as now defined, there was but one community settlement, the small cluster of log houses at Atlas. No settler had yet located where Pittsfield now stands. Joel Moore's house on Bay creek was the only white settler's cabin within the present borders of Pittsfield township. On the east side of the county, on Blue river (now Big Blue creek), dwelt a lone settler, Garrett Van Dusen. On the west side of the county, in what is now Pleasant Vale township, John Wood, a future governor, and Willard Keyes had been keeping bachelors' hall. In what is now Montezuma township, Indians were still numerous. Z. A. Garrison, who settled out from Meacham's Ferry, where Montezuma now is, in 1826, writing from Oregon to F. M. Grimes at Milton 50 years later, said that when his family settled in Montezuma the Indians were their most numerous neighbors, being about twenty to one white man. There was but one water mill in the county, Van Dusen's on Blue river. The only store was Col. Ross's at Atlas. Quoting further from Garrison's letter: "Women wore homespun cotton dresses, and deerskin moccasins. Men and boys dressed in buckskin from head to foot, and on the head a coon or fox skin cap; ate hog and hominy, lived sociably and enjoyed each other's company with true friendship."

But perhaps the period may be best understood from the doings of the pioneer court itself. Strange indeed, to a citizen of today, is the record of that first court at Atlas. Following are some of the acts and orders of the Honorable Commissioners sitting at Atlas in March 1823:

Ordered that a report of Viewers appointed to lay out a road from the Illinois river to intersect a road leading from Ferguson's Ferry (near the mouth of the Illinois river) to Fort Edwards (now Warsaw) be accepted.

Ordered that Viewers appointed to lay out a road on petition of Amos Beebe and others, be given until next term to report.

Ordered that there be paid out of the county treasury to John M. Smith the sum of $6, and to Daniel Moore, Garrett Van Dusen and Daniel Shin the sum of $10 each (this being payment at $2 a day for their services in locating the permanent county seat).

Ordered that there be granted a license to John Burnett to keep a ferry on the Mississippi river opposite the town of Louisiana, the same stand previously occupied by James McDonald (who had been found murdered at his ferry landing in the spring of 1822), on condition of his paying a tax of $5, besides clerk's fees, and establishing rates therefor as follows: For a single person, 25c; for a single horse, 25c; every head of cattle over 1 year old, 25c; every hog, sheep or goat, 6 1/4c; every Dearborn waggon (early four-wheeled vehicle with curtained sides), 50c; other four-wheeled carriages, $1; every cwt. of dead lumber, 6 1/4c; every two-wheeled carriage, 75c.

Ordered that a license be granted to Stephen Dewey to keep a ferry across the Illinois river at the point where Apple Creek road comes to said river, he to pay a tax of $10 and to establish rates one-half those established for the Louisiana ferry.

Ordered that a license be granted to Rufus Brown to keep a tavern in the house in which he then resided (in Atlas), "on condition of his paying a tax of $5, besides clerk's fees, and entering into bond, with security, as the law directs: and the following rates to be established, to-wit: Victuals per meal, 25c; horsekeeping per night, 37 1/2c; lodging per night, 12 1/2c; whiskey per one-half pint, 12 1/2c; rum and gin per do., 25c; French Brandy per do., 50c; wine per do., 37 1/2c."

Ordered that a license be granted to Fanny Ward to keep a tavern in the house in which she then resided, she being the first woman to receive a tavern license from the Pike commissioners. Licenses were for a period of one year, and her tax was only 50 cents, whereas the preceding license to Rufus Brown entailed a tax of $5.

Ferry and tavern rates, with their odd ½ and 1/4 cents, took into consideration the picayune (6 1/4 cent piece) and the bit (12 ½ cent piece) then in general circulation.

The commissioners at this first Atlas court term appointed Daniel Shin as a constable for a term of one year, and appointed Henry J. Ross and Daniel Shin as Poor Masters for the year ensuing.

Jeremiah Smith, Ezra Perkins and Samuel J. Bevington were appointed supervisors of the 3rd, 4th and 5th districts of the Fort Clark road (extending from the mouth of the Illinois river to Fort Clark, now Peoria), to have control of all hands living within two miles on each side of said road districts.

In early days, in filling the jury venires, it was necessary to summon nearly all of the eligible males in the county. At this term of court it was ordered that "the clerk of the court issue a special venire directed to the sheriff of the county, directing him to summon Daniel Lile, William Ross, Thomas McCraney, Levi Hadley, Joseph Petty, Joseph Jackson, Joel Staten, Abner Young, John Ross, Henry J. Ross, Amos Bancroft, Daniel Shin, Belus Jones, James M. Seeley, John Nicholson, Quartus Hitchcock, Joseph Cogswell, Alfred Bissell, Dexter Wheelock, John Gilmore, Ebenezer Franklin, Daniel Moore, Rufus Brown, and Israel Waters to be and appear at the next circuit court to be holden within and for this county to compose two full juries for the trial of all issues of traverse that may be pending before said court." This was the first jury summoned to report at Atlas.

The commissioners ordered that there be paid to John Wood the sum of $7 in compensation for services rendered the county. Wood at this time was living on the present site of Quincy, having erected the first log house there in December, 1822. He was later mayor of Quincy and lieutenant governor of the state, succeeding Bissell as governor upon the latter's death in 1860.

Location of the county-seat at Atlas necessitated a building program. The public building program at Atlas in 1823 is set forth in the following orders of the commissioners, in session March 20, 1823:

Ordered that there be allowed and paid out of the county treasury to Leonard Ross the sum of $106, his compensation for removing, repairing and fitting up a building for a temporary court house.

Ordered that there be allowed and paid out of the county treasury to Leonard Ross the sum of $110, his compensation for erecting a building to be occupied as a clerk's office, and the said building to be completed as soon as practicable.

Ordered that there be appropriated and paid out of the county treasury to Leonard Ross the sum of $500 in state paper, to be in full of his compensation for erecting a gaol for Pike county.

The writer has been unable to find in the records any detailed description of the first temporary courthouse at Atlas, which served the county from 1823 to 1827, when the remnant of the building was sold to William Ross for $5. Neither does there seem to be any picture or drawing extant of this first temple of justice at Atlas. A picture from a drawing of the first log court house of 1821 at Coles' Grove has often been presented as that of the first court building at Atlas and doubtless is a fairly accurate picture thereof, the building, after its removal to Atlas, probably standing about as it had stood at Coles' Grove.

Leonard Ross, the contractor for the great public building program of 1823, was then sheriff of the county.

The building program also called for the introduction of two undesirables into the new Eden, namely, the tax assessor and the tax collector. Here is the first order of the court, dated March 20, 1823, at the court house in Atlas, for the levying of a personal property tax in the new county:

"Ordered that a tax of one-half per centum be levied and collected on the following articles of personal property, to-wit: Horses, cattle, hogs, waggons and Dearborns, and that the County Treasurer proceed with all convenient speed to make out and complete an assessment of the aforesaid articles of personal property, and when completed deliver the same with a tax list to the sheriff for collection."

And now a strange thing happens. The new county-seat at Atlas falls into the hands of its enemies. Coles' Grove is again to the fore. Once more the county-seat feud embroils the pioneer communities. The partisans of Atlas spring into action. The commissioners who fixed the permanent seat of justice come again into session and prepare a supplementary report sustaining their original findings. Nicholas Hansen and Leonard Ross prepare to lead the partisans of Atlas against the partisans of Coles' Grove. All eyes are upon the March term (1834) of the commissioners' court, when John Shaw and Nicholas Hansen, antagonists from the beginning of the new county government, are scheduled to clash again. Shaw and Hansen are now noted figures in Illinois. Their astounding contest in the state legislature, linked as it is with the Missouri or slave question, has now become a campaign issue throughout the state. From press, stump and pulpit their names are heard. In the little log court house at Atlas these two champions are to cross swords again in the long drawnout contest over the county-seat.

And now, above the growing tumult of the county-seat contest, may be heard the rumblings of another rising storm. A mighty issue is beginning to thunder at every cabin door. The settlers of the new state are making ready to decide, once and for all, whether Illinois is to be slave or free. The great slavery campaign of 1824 is rising to its height and the notable election of August 2, 1824 is coming on.