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From the organization of the county until the adoption of the township system in 1850 the duties now devolving upon the Board of Supervisors were discharged by three commissioners, who fixed the rate of taxation, granted licenses, established rates of toll and entertainment, formed road districts and election precincts, appointed county and municipal officers and exercised a general supervision over all county matters.
As a part of Cook County the population of what afterward became Lake County was too small and the methods of travel too primitive to allow it to wield much influence or obtain much consideration. At the September term, 1835 of the County Commissioners Court most of the territory north of Chicago was designated as Lake Precinct and a polling place established at the home of Dexter Hapgood, about six miles south of Wheeling. At a special elections held October 17, Hiram Kennicott, then residing near Half Day, was elected a Justice of the Peace. Only thirty-two votes were cast in the precinct.
The records show that in September, 1835, the Commissioners named Richard Steele, Thomas McClure and Mark Noble as Viewers to lay out a road from Chicago northward to the State line. This they did in December, 1835. This highway, the first to traverse this county, followed the old military road, crossing the Des Plaines near Wheeling, Cook County, and again on Section 23 in Warren, Lake County, a few hundred feet south of the present Gurnee bridge. Through some parts of its course, and especially in the township of Warren, it was nearer the west bank of the DesPlaines than is the present highway. At the Gurnee crossing, partly around the bend from the present bridge, the route was northeasterly. From this point it continued northeasterly to the old York House, and then northerly to the Wisconsin line. This highway became the principal stage route northward from Chicago in June, 1836, and was known as the Milwaukee Road. Milwaukee Avenue in the city of Chicago takes its name from this highway.
At the Congressional election in August, 1836, only 87 votes were cast in Lake precinct. It is believed that fully one-half of the voters were from the region now embraced in Lake County. Only 702 votes were cast in Cook County in November, 1836, of which William Harrison had a majority of eight. In Lake precinct Martin VanBuren had a majority of ten.
In 1836 steps were taken to divide Cook County, and during the following winter the Legislature passed an act providing for the organization of the northern portion as McHenry County.
December 2, 1836, a public meeting was held at Libertyville and a compact or agreement of considerable length drawn up, adopted and signed. Its purpose was, ostensibly, to bring the settlers together and secure cooperation in case of trouble with new comers who might attempt to occupy claims already taken up. The county was divided into three districts, three commissioners named in each, and the settlers obligated to abide by their decision in all matters in dispute regarding claims and boundary lines. A few differences were referred to these commissioners, but many who were not at the meeting refused to sign the compact or to recognize its authority. Samuel Brooks presided at the meeting at which this agreement was adopted; George Kimball acted as its secretary and Nelson Landen, Samuel Brooks and Willard Jones comprised the Committee on Resolutions and Regulations. Several subsequent meetings were held, but in time the courts became the sole arbiters of differences.
On page 1, Record "A," of the McHenry County Commissioners' Court is the following:
"At an election held at the house of Hiram Kennicott, in McHenry County, and State of Illinois, on the first day of June, A. D. one thousand eight hundred and thirty-seven, which was ordered by the State Legislature for the organization of said County of McHenry, the following named persons were duly elected for the following described offices, to-wit: Charles H. Bartlett, Matthias Mason and Solomon Norton for County Commissioners; Henry B. Steele for Sheriff; Michael C. McGuire for Coroner; Seth Washburn for Recorder and Charles E. Moore for Surveyor."
Only 138 votes were cast in the entire county at this election.
The Commissioners met June 5, 1837, and appointed Hamilton Dennison, Clerk, who gave bond with Seth Washhurn and Henry B. Steele as sureties. Andrew S. Wells was named as County Treasurer and presented Starr Titus and Seth Washburn as bondsmen. These officers were to serve until an election could be held. All of what is now McHenry County and a portion of the western part of Lake County was formed into "Fox Precinct and Magistrate District." Christy G. Wheeler, Wm. L. Way and John V. McLean were named as judges of elections, and the house of C. G. Wheeler designated as the polling place.
The court adjourned to meet the following Saturday at the house of Charles H. Bartlett, who then resided near the DesPlaines River, a little south of Libertyville. At this adjourned meeting, held June 10, 1837, further divisions of the county were made. A tract embracing about what now comprises Shields, Deerfield and West Deerfield was designated "Oak Precinct and Magistrate District." Arthur Patterson, Benjamin Marks and Isaac Heacox were appointed judges, and the house of William Dwyer named as the polling place.
"Lake Precinct" embraced what now comprises Waukegan and Benton, with a strip of Warren and Newport. Edward Jenkins, Jeremiah Porter and Elmsley Sunderlin were appointed judges, and the house of Samuel P. Ransom named as the polling place.
"Indian Creek Precinct," embraced what now comprises the townships of Vernon, Ela, Fremont and Libertyville, and portions of Cuba and Wauconda. Richard Steele, Andrew S. Wells and John G. Ragan were named as judges, and the house of Seth: Washburn designated as the polling place.
"Abingdon Precinct" embraced the greater part of the present townships of Warren, Avon, Grant, Antioch and Newport. Samuel Brooks, Jared Gage and Willard Jones were named as judges, and the house of Thomas McClure designated as the polling place.
An election was ordered for July 3, 1837, two Justices of the Peace and two Constables to be chosen in each Precinct.
Eight road districts were created and their boundaries defined. The persons named as Road Supervisors were: A. C. Ellis, Thomas W. Nichols, Samuel Sherman, Seth Washburn, Ransom Steele, Phineas Sherman, David P. Foot and John Chandler. All of these Supervisors were within the present boundaries of Lake County, except Mr. Chandler.
An entry at this meeting of the Court reads as follows: "Ordered by the Court that the following descriptions of property be taxable one per cent on the dollar for this year, viz.: On slaves or indentured or registered N_____ or mulatto servants, on pleasure carriages, on distilleries, on stock in trade, on all horses, mares, mules, asses and neat cattle above three years of age, on swine, on lumber and one horse wagons, on clocks and on watches with their appendages."
As there were never any slaves or indentured servants in this part of Illinois, it is probable that the Clerk merely followed the language of some old Kentucky statute in entering the order.
At a meeting held September, 4, 1837, the report of Peter Cohen and M. L. Covell, as Commissioners to establish the seat of justice, was accepted. These Commissioners designated McHenry village as the county seat. Andrew Cornish, upon payment of a license fee of five dollars, was authorized to keep a ferry on Fox River for one year.
Provision was made for a surveyor, acting in conjunction with a like officer from Cook County, to definitely fix the boundary line between the two Counties.
At the meeting of September, 9, 1837, Mr. Bartlett resigned as Commissioner and Mr. Deninison as Clerk. At an election held October 9, Samuel Sherman was elected to succeed Mr. Bartlett, and Joseph Wood was chosen Clerk.
In December the Court fixed the fees landlords might charge their guests. For a night's lodging 12 1/2 cents was the lawful price; for team of horses, stabling and hay, 25 cents; meals, 37 1/2 cents; half pint of beer or whiskey, 6 1/4 cents; one pint 12 1/2 cents; brandy, gin and rum, half pint 12 1/2 cents; pint 25 cents; wine, half pint 18 3/4 cents; pint 37 1/2 cents.
The first term of the Circuit Court held at McHenry in the spring of 1838, in what was then McHenry County, was quite an event. There were sixty-two cases on the docket and nearly the entire male population was present. They came on foot, on horseback, or in wagons, as they preferred, and virtually camped out throughout the term. There were no stables for the animals and no beds for jurors, litigants, witnesses, or spectators. Only a part of the Court officers and attorneys could be provided with sleeping accommodations, comfortable in character, in the half dozen log houses then comprising the village. Robes and blankets were in fair supply, and in wagons or on the floors rude beds were improvised. There was plenty to eat, and to drink. There were singers and story tellers; there was gambling and horse racing. To not a few the week was demoralizing, and to the many it was felt to be a disgrace. John G.Ragan told many times during his life that he resolved at that term of Court, to forever remain an abstainer from intoxicants, and ever afterward kept the pledge.
The prisoners, of whom there were a number, had been brought from Chicago. There being no jail in which to house them, and the officers being too wearied with the long trip to be in good condition to watch them, it was arranged with Mr. S. S. Greenleaf, now and for many years past a resident of Waukegan, but then living at McHenry, to care for them. Taking them by a ladder to the attic of his little store, he closed and made his bed upon the trap door, while his partner laid close beside the only window in the room. The prisoners did not get away then, but some of them did while enroute to the penitentiary a few days later.
The records of the meeting of the County Commissioners' Court held March, 5, 1838, mention A. S. Barnum as having been appointed "Surveyor pro tem" in the absence of Mr. Moore. The Court adjourned to meet at Independence Grove, March 12, 1838. At the adjourned meeting it was ordered that each male person between twenty-one and fifty years of age work on the roads five days each year, or pay "ten shillings per day for said time."
At the June term of Court, 1838, the following was entered:
"Ordered by the Court that the poll books be opened at the August elections to vote for and against a division of the County of McHenry, the line thereof to be the center of Fox River from north to south, and that the east end be called Lake County."
The vote taken in accordance with this order resulted largely in favor of division.
The following also appears in the June Term record: "Ordered that Henry B. Steele, Sheriff, be, and is hereby, authorized to inquire into all persons that are keeping public houses in this county, and those who have got no license are to get them, or take their signs down, or be fined according to law."
Lewis G. Schanck, County Collector, deposited with the Clerk receipts for tax collected for the year aggregating $564.41.
Ransom Steele and William Jackson succeeded Messrs. Sherman and Mason as Commissioners, the latter of whom had resigned because of having been elected County Treasurer.
The bill of Alonzo Huntington, as State's Attorney, was allowed at the June Term of Court, 1839. The amount was thirty dollars. As he had driven all the way from Chicago and had vigorously prosecuted many criminals, the charge was certainly a very moderate one. At this Term of Court elections for County officers were ordered in both Lake and McHenry Counties. The following entry is literal and of interest:
"Ordered by the court that the portions of Indian Creek and Abingdon Precincts, McHenry and Virginia Precincts as lie east and west of the division line between Lake and McHenry Counties be attached to the opposite precincts."
During the two years prior to the division of the county there had been much discussion of plans for a Court House at McHenry village; part of the lots had been sold and a contract was let for the erection of a building, but the death of the contractor occasioned delay. In 1840 a court house was erected, Rufus Soule and Caleb Davidson being the contractors. In 1843, by popular vote, the county seat was located at Woodstock, the geographical center of McHenry County.
Up to 1838 almost the entire population of McHenry County, as then constituted, was east of Fox River, and all of the County Officers lived east of that stream. The western portion beginning to fill up rapidly, some who held public positions perhaps feared that they might lose them in the near future, for there were aspiring men coming to this region every day. Others thought the county really too large and the distance to the county seat too great. At all events a sentiment in favor of division soon spread. A memorial was circulated and quite generally signed, as follows:
"To the Honorable the General Assembly of the State of Illinois: Your memorialists, the inhabitants of the County of McHenry, would respectfully represent, that after due consideration and the most anxious and careful investigation of facts and circumstances connected with said county, they have come to the conclusion that in order to procure the greatest amount of comfort, convenience and prosperity, it is necessary and expedient that the said county be divided, making the center of Fox River the dividing line from north to south; and all that portion of the county east of Fox River be and form a new county; to be called Lake County, and that portion west of Fox River, containing ranges five, six, seven and eight, east of the third principal meridian be and continue to form the County of McHenry.
"The greater portion of the inhabitants of said county as formed and organized by the Acts of 1836 and 1837 is composed within the limits of ranges five, six, seven, ten, eleven and twelve, east of the third principal meridian, being the extremes of the vast territory of which our county is now formed which is populated with enterprising and intelligent citizens, who at the present time number at least four thousand souls-with a list, as by the Tax Roll of the year 1838, of eight hundred and seventy-five tax paying citizens.
"And we would furthur represent, that the County of McHenry is nearly fifty miles in length, and is twenty-four miles from north to south, and the seat of justice of the county, as located, being immediately on the west bank of Fox River. We would (in case your Honorable body grant us a division,) ask that a review be made to relocate the seat of justice for the County of Lake; and as in duty bound, your petitioners will ever pray."
Although the petitioners and the County Commissioners had designated the center of Fox River as the proposed boundary line between Lake and McHenry Counties, the Legislature, in its enabling Act, provided, subject to the approval of the voters, that "All that portion of McHenry County east of a range or sectional line, not less than three miles, nor more than four miles east of the present county seat (McHenry Village) of McHenry County, shall constitute a new county, to be called the County of Lake."
Dr. Richard Murphy, then the Representative in the Legislature from this part of the District, was severely criticised in some quarters for permitting the change in the proposed boundary line.
The Act of the General Assembly was approved March I, 1839, and elections for county officers held in both counties on the first Monday in August, 1839, returns being made, as required by law, to the County Commissioners' Court of McHenry County. At this election there were 375 votes polled in Lake County.
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