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The Act of the Legislature sanctioning the forming of the new County of Lake named Edward E. Hunter and William Brown of Cook County, and Col. E. C. Berry, of Fayette County, as Commissioners to locate the Seat of Justice. June, 20, 1839, the two first named Commissioners met at the house of Sheriff Henry B. Steele, near Libertyville, and after a brief deliberation set the stake in the southern part of the present village, and decreed that the new county seat should be called Burlington. The official record reads that they "Planted a stake on the south side of what we are informed is or will be a school section, near Independence Grove on the east side of the road leading from Chicago to Milwaukee on the west side of the Des Plaines River, considering that ten acres on the east and ten acres on the west side of said road, bounded north by said school section be granted said county for county purposes for Seat of Justice."
The twenty acres chosen therefore was mainly in the northeast quarter of Section 21, a small portion, however, being in the northwest quarter of that section. The homestead of the late R. H. French was about at the center of this tract. As the place selected was central there was apparently a general acquiescence in the location. Those who had made claims on the land readily signed relinquishments, to enable the officials to proceed with preparations for the erection of county buildings. The newly elected County Commissioners met in special session August 17, 1839, took the oath of office, and named A. B. Wynkoop as Clerk pro tem. As provided by law, lots were drawn for length of term of service. Jared Gage was thus named for one year; Nelson Landon for two years; and Charles H. Bartlett for three years. The Clerk was instructed to procure from McHenry County all necessary books, papers and records. From this time forward meetings of the County Commissioners' Court were frequent. The hour of assembling was usually seven or eight o'clock in the morning. Road petitions came in from all parts of the county. Road Viewers, Fence Viewers, Election Judges, Poor Masters and other officials were to be named, and road and election districts were to be formed. There was much do and but little money to be spent. They fixed their own compensation as Commissioners at two dollars per day. The Judges and Clerks of election were allowed one cent each for services. Road Viewers were paid $1.50; axmen, $1.00; surveyors, $2.50; and jurors, 75 cents per day. The Clerks of the county Commissioners' Court and of the Circuit Court were authorized to borrow fifty dollars to be used in purchasing record books and stationery. At the next term they made formal report that they had equipped both offices at a cost of forty-five dollars, and that as some taxes and license money had come into the Treasury they had been able to procure the books by borrowing sixteen dollars, at twelve per cent.
The county was divided into election precincts, as follows: Lake Precinct embraced all territory east of the Des Plaines River and north of Oak Precinct. The polling place was fixed at the New York House, and Hanson Minsky, Thomas W. Nichols and Henry Whitehead were appointed judges.
In December, 1840, Oak Precinct was divided, the south one-half being thereafter known as Le Clare Precinct.
Oak Precinct embraced the south-east portion of the county, between Lake Michigan and the river, and two townships north from the Cook County line. The house of Michael Dulanty was named as the polling place, and Jesse Wilmot, Samuel Sherman and Isaac Hickox named as judges.
Middlesex Precinct embraced that portion of the present township of Vernon lying west of the river and the east two miles of Ela township. The house of Seth Washburn was named as the polling place, and Theron Parsons, Andrew S. Wells and Matthias Mason were named as judges.
Burlington Precinct embraced that portion of the present township of Libertyville lying west of the river, the east two miles of Fremont, the south-east portion of Avon and the south half of that portion of the present township of Warren lying west of the river. The school house at Libertyville was designated as the polling place, with Richard Steele, Horatio N. Heald and Elisha Clark judges.
Zurich Precinct took in the south-west corner of the county. being eight miles square. The house of T. White was named as the polling place, with Daniel Hubbard, Caleb Davidson and Leonard Loomis as judges.
Fort Hill Precinct lay next north of Zurich, and was eight miles east and west by seven miles north and south. The house of George Thomson was named as the polling place, and Chester Hamilton, Thomas H. Payne and R. R. Crosby were judges.
Bristol Precinct embraced the northwest corner of the county eight miles east and west by nine miles north and south. The house of Thomas Warner was designated as the polling place, and Hiram Butrick, Christopher Manzer and Leoma Pearsons were named as judges.
Joseph Wood was authorized to proceed to McHenry County for the purpose of ascertaining the situation regarding certain moneys granted that county before Lake County was created, a portion of which, it was believed, might be secured for the use of Lake County. It subsequently transpired that instead of receiving any money from this source Lake County had to pay a considerable amount into the McHenry County treasury.
School District No. 1 was established and embraced a considerable part of the present township of Vernon. Two other school districts were established in 1839.
At the March term, 1840, John A. Mills was appointed agent on the part of Lake County to act with the surveyor of McHenry County in establishing the line between the two counties. For this service he was subsequently allowed three dollars.
A school house of hewed logs, erected at Libertyville in 1836, and probably the first building of the kind in the county, was used as a court room at the first session of the Circuit Court held at the new County Seat, in April, 1840. This building was in the main constructed by the voluntary efforts of the young bachelors of the neighborhood. Another building, erected by Burleigh Hunt, was leased for the use of the county officials. Licenses were granted for the sale of ardent spirits and the keeping of public houses, the usual rate being twenty-five dollars per year, payable quarterly.
The lands of the county were now fully surveyed, but times were so hard and money so scarce that the settlers petitioned the Federal authorities to delay the land sale until there could be a bettering of the financial condition of those holding claims. This request was complied with and the opening of the Land Office to sales in Lake County deferred until June, 1840. Sales were brisk for a number of years, and were continued until 1855, although nearly all of the land was taken up by 1847.
While the pioneers were mainly excellent people there were a few of the baser sort, claim jumpers, counterfeiters and horse thieves being among the number. On more than one occasion men of bad reputation were waited upon by resolute settlers and warned to leave, which warnings were uniformly and promptly acted upon. Hardships may have thus been imposed upon innocent members of the households involved, but it is believed that in no case where summary action was taken was real injustice done to the head of the family.
By 1840 the county had become well populated and 548 votes were cast at the Presidential election of that year. The Federal census, taken June 1, showed 2634 inhabitants, and an enumeration, made by the authority of the County Commissioners three months later, gave 2905 as the population. This second census seems to have been part of a well devised plan for the removal of the County Seat to Little Fort. Thomas H. Payne had been elected as County Commissioner to succeed Jared Gage in August. He was not known as a partisan on the County Seat question, but after events showed him a friend of the projected new town on the shore of Lake Michigan.
County Seat contests are proverbially bitter, and that in Lake County formed no exception to the rule. During the month of June, 1839, as heretofore stated, the County Seat had been located at the present village of Libertyville. To lose it within less than two years was a sore disappointment to the people of that neighborhood. Especially was this true when the removal was from a village large enough to be deemed of considerable importance, to a point where there were but five human habitations in the near vicinity, and which had not even a post-office.
The story of the removal may be briefly told. A company of Chicago men had conceived the idea of a new town and shipping point north of Chicago. The Little Fort of the maps was visited. The location and surroundings pleased them. Conferring with the few inhabitants the suggestion was made that if this proposed town could become the county seat it would aid in their project. The idea was seized upon and plans for carrying it out were discussed. Nelson Landon, then a County Commissioner, was probably the most resourceful of those to whom the matter was presented. Elmsley Sunderlin was also an ardent supporter of the proposition. An able ally was found in Captain Morris Robinson, a sailor who had settled first at Little Fort, and later near the state line. At a meeting of the County Commissioners, held at Burlington in 1840, the proposition had been made to at once proceed to the erection of county buildings. Mr. Landon argued strongly against it, taking the ground that as the county had no funds there should be some temporary arrangement made. The other Commissioners finally consented to a delay. The Illinois Legislature having authorized the taking of a new census, Captain Morris Robinson was appointed to do the work. As census taker he visited every house in the county, and personally interviewed almost every citizen. Wherever prudent he discussed the question of removing the county seat, and presented a petition asking the Legislature to authorize a vote upon the proposition. The petition was numerously signed. Dr. Richard Murphy, then a Representative in the Legislature, was favorable to the project and secured the passing of a bill authorizing the vote, and fixing April 5, 1841, as the date upon which the question was to be decided. This done, the County Commissioners called the election and the friends of removal became active.
The strong argument was that a shipping point on Lake Michigan would be of great benefit, allowing a near outlet for farm products and permitting the procuring of lumber without hauling from Chicago. It is doubtful if at that time anyone even dreamed of ever seeing a railroad nearer than that city. The friends of Libertyville, relying upon the fact that the county seat as then located was near both the geographical center and the center of population, and anticipating an easy victory, put forth but little effort. The ballots were printed "For Little Fort" and "For Burlington." Seven hundred and forty-four votes were cast, Little Fort winning by the surprising majority of one hundred and eighty-eight. The contest had been rather warm, but the after discussion was much warmer. The victors were charged with having brought voters from Chicago and Joliet, and even from the territory of Wisconsin, to aid them. Figures were made showing that at the Presidential election the previous year but 543 votes had been cast; that immigration had been light; that one hundred and sixty-three persons had not voted at all, and that at least thirty-six persons had voted unlawfully. But the friends of Little Fort were alert. April 13, 1841, a portion of the records were removed to the new seat of justice. A question regarding the legality of some of the proceedings having arisen, Dr. Murphy, at the next session of the Legislature, secured the passage of an Act declaring that the county seat should be considered permanently established at Little Fort. To secure this action Captain Robinson made a midwinter trip to Springfield. It was said that neither he nor any of the friends at or about Little Fort had a horse available for the trip, and so he went on foot. Captain Robinson was an exceedingly tall man, and, despite the fact that much of his life had been spent as a sailor, was a great walker. On this trip to Springfield he boasted that he beat the stage from Chicago two days.
The feeling of disappointment was strong in and about Libertyville and south and south-west of that village, entering into the political campaigns for many years. Some of the county officials did not acquiesce in the decision of the people and neglected or declined to recognize Little Fort as the county seat. In August, 1841, the County Commissioners sought to impose a fine of ten dollars upon their Clerk, Mr. Henry R. Steele, and of five dollars upon Mr. Wynkoop, his deputy, and remove both from office, for failing to bring their records to the new seat of justice. Mr. Wynkoop appealed to the Circuit Court and a year later was restored to his position. The following March, still absenting himself from the meetings and his conduct not according with the views of the Commissioners, he was again removed. Some of the records had been carried back to Libertyville, but they were returned to Little Fort, and the difficulties passed by without violence or bloodshed, although almost two years elapsed before the county officials were working in harmony.
November 16, 1842, after a period of almost unseasonably warm weather, there came a violent and protracted snow storm. This was followed by rain which, turning into sleet, covered the surface with a strong crust, preventing drifting. Other storms came at intervals, the snow obtaining such depth as to make travel outside the beaten tracks extremely difficult. For five months, except for a short time during the "January thaw" there was no spot uncovered. Even as late as April trips to Chicago were made with sleighs. There were few thermometers with which to measure the temperature, but from the stories told by those living here at the time there were many days of below zero weather. Cattle and horses had usually been able to secure a part of their living each winter from the prairies, but the deep snow, covered by an icy crust, and the extreme cold, drove them all to shelter. With many of the settlers the supply of hay and grain laid by for their animals was exhausted before February had passed. Sheds were stripped and their coverings of straw and grass fed to the stock. In extreme cases even the bed ticks were taken from the houses and emptied in order that the animals might be kept alive. As a last resort cattle and horses were driven into the timber along the rivers, where basswood trees were felled, upon the limbs of which they could browse. Not a few animals died, and when seed time came the oxen and horses were generally so poor and weak that it was with difficulty the spring ploughing and seeding could be accomplished. The lakes and rivers froze to an unusual depth and when spring arrived their shores were lined with dead fish. Prairie chickens and quail, which had multiplied wonderfully with the increase of grain raising, perished by the thousands. Often the deer would come to the barnyards and mingle with the cattle in their search for food. Driven to the fields they fell easy victims to the gun or dog of the hunter, the deer tiring out in the deep snow, while the hunter, walking on the crust, would overtake and kill them. One hunter reported having killed a full hundred during that winter. Many birds and wild animals perished in the woods, and the long, bitter period was ever after alluded to, by the pioneers who passed through it, as one of horror.
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