Celebrating and mapping Tazewell County’s history

Jared Olar
Library assistant

The opening of Illinois’ Bicentennial Year A.D. 2017-2018 was marked across the state last winter with formal ceremonies in which local governments raised the official State Bicentennial flag. The chief flag-raising for Tazewell County took place on the Tazewell County Courthouse lawn, in a ceremony organized and presented by the Tazewell County Illinois Bicentennial Committee.

Since then, the committee, made up of representatives of local communities and organizations, has continued to meet on a monthly basis to help with the ongoing celebration of the Bicentennial in Tazewell County. Among the events gearing up for the celebration of Illinois’ 200th birthday this December was an Illinois Bicentennial Tea, presented May 12 at the Pekin Park Pavilion by the Tazewell County Museum and the Pekin Woman’s Club. The event was attended by about 30 people, who listened to a historical address by Stu Fliege, director of the Illinois State Historical Society in Springfield.

One of the committee’s projects has been the construction of an online historical StoryMap of Tazewell County, an initiative of the Tazewell County Board. Janna Baker, Tazewell County geographic information system coordinator, has been at work on the StoryMap, adding the locations of county historical sites along with information about them that she has researched or that committee members have provided.

Shown is a screenshot of the Tazewell County Historical StoryMap, a local Illinois Bicentennial project that can serve as an information resource for local historical education. IMAGE COURTESY THE TAZEWELL COUNTY ILLINOIS BICENTENNIAL COMMITTEE

The sites on the Tazewell County Historical StoryMap are organized under four page tabs: Historical Places of Interest, National Register of Historic Places, State Historical Markers, and the Springfield-to-Peoria Stage Coach Road.

The Historical Places of Interest range from the sites of the county’s first courthouse in Mackinaw and the old French trading post in Creve Coeur early in Tazewell County’s history, to the location of the Little Mine Riot and the nation’s first Vacation Bible School (both of which happened in 1894), to the former Springlake Clubhouse (where infamous Chicago gangster Al Capone is said to have gone hunting) and the Deer Creek-Mackinaw Middle School World War II memorial.

The average Tazewell County resident is probably unaware that the county has 12 structures on the National Register of Historic Places, including the Old Post Office, the Tazewell County Courthouse, and the Carl Herget Mansion in Pekin, the Dement-Zinser House and Denhart Bank Building in Washington, and the Waltmire Bridge across the Mackinaw about five miles south of Tremont.

Tazewell County also has four State Historical Markers, including one for the Riverboat Columbia Disaster of 1918 at the Pekin riverfront, and one for Fort Crevecoeur, which was the first European structure built in the future Tazewell County in 1680.

The StoryMap also traces the path of the old Springfield-to-Peoria state road, a stage coach route that the Illinois General Assembly established as an official state road in Feb. 1827, just a month after they had formed Tazewell County. The route is now known as Springfield Road, though it has been a long time since it has gone all the way from Springfield to Peoria. One fascinating historical detail is that Abraham Lincoln once owned land along Springfield Road in Tazewell County.

Even after the State Bicentennial Year concludes on Dec. 3, 2018, the StoryMap will continue to be available as an educational resource.

The Tazewell County Historical StoryMap may be viewed HERE.

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Trials of the first slave freed by Abraham Lincoln

This is a slightly revised version of one of our “From the Local History Room” columns that first appeared in May 2015 before the launch of this weblog, republished here as a part of our Illinois Bicentennial Series on early Illinois history.

Trials of the first slave freed by Abraham Lincoln

By Jared Olar
Library assistant

Three years ago a book was published about a little known episode and an all-but-forgotten individual in Pekin’s history – an episode that helped confirm Illinois as a free state. The book was among the publications honored at the 2015 annual awards luncheon of the Illinois State Historical Society held April 25, 2015, at the Old State Capitol in Springfield.

Entitled “Nance: Trials of the First Slave Freed by Abraham Lincoln – A True Story of Nance Legins-Costley,” it was written by local historian Carl M. Adams and illustrated by Lani Johnson of Honolulu, Hawaii. Adams, formerly of Pekin, now resides in Stuttgart, Germany, and was unable to attend the awards banquet in Springfield, so he asked his friend Bill Maddox, a retired Pekin police office and former city councilman, to receive the award on his behalf. Maddox is one of Adams’ collaborators and over the years has helped Adams in organizing his research.

Russell Lewis, former president of the Illinois State Historical Society, is shown with Bill Maddox of Pekin, following ceremony on April 25, 2015 in Springfield. At the ceremony, Maddox received an award on behalf on Carl Adams, whose book on Nance Legins-Costley was among those honored that day. PHOTO BY PEKIN PUBLIC LIBRARY ASSISTANT JARED OLAR

Carl Adams, author of “Nance: Trials of the First Slave Freed by Abraham Lincoln – A True Story of Nance Legins-Costley.” IMAGE PROVIDED BY CARL ADAMS

Adams has previously published two papers on the same subject: “The First Slave Freed by Abraham Lincoln: A Biographical Sketch of Nance Legins (Cox-Cromwell) Costley (circa 1813-1873),” which appeared in the Autumn 1999 issue of “For the People,” newsletter of the Abraham Lincoln Association; and, “Lincoln’s First Freed Slave: A Review of Bailey v. Cromwell, 1841,” which appeared in The Journal of the Illinois State Historical Society, vol. 101, no. 3/4, Fall-Winter 2008. In contrast to those papers, however, Adams’ 87-page book “Nance” distills the fruit of his many years of historical research, presenting Nance’s story in the form of a biography suitable for a middle-school audience and ideal for a junior high or middle school classroom.

Though Nance’s story is little known today, during and after her own lifetime her struggles to secure her freedom were well known in Pekin, and Nance herself came to be a well regarded member of the community. As this column had previously discussed (Pekin Daily Times, Feb. 11, 2012), Nance obtained her freedom as a result of the Illinois Supreme Court case Bailey v. Cromwell, which Abraham Lincoln argued before Justice Sidney Breese on July 23, 1841. It was the culmination of Nance’s third attempt in Illinois courts to secure her liberty, and it resulted in a declaration that she was a free person because documentation had never been supplied proving her to have been a slave or to have agreed to a contract of indentured servitude. Breese’s ruling is also significant in Illinois history for definitively settling that Illinois was a free state where slavery was illegal.

IMAGE PROVIDED BY CARL ADAMS

Another significant aspect of this case is indicated in an 1881 quote from Congressman Isaac Arnold that Adams includes in his book. Arnold wrote, “This was probably the first time he [Lincoln] gave to these grave questions [on slavery] so full and elaborate an investigation . . . it is not improbable that the study of this case deepened and developed the antislavery convictions of his just and generous mind.”

Pekin’s pioneer historian William H. Bates was also opposed to slavery and deeply admired Lincoln. Bates also knew Nance Legins-Costley, and, five years after Lincoln’s assassination, Bates made sure to include her in his first published history of Pekin, the historical sketch that Bates wrote and included in the 1870-71 Sellers & Bates Pekin City Directory, page 10. There we find a paragraph with the heading, “A Relic of a Past Age”:

“With the arrival of Maj. Cromwell, the head of the company that afterwards purchased the land upon which Pekin is built, came a slave. That slave still lives in Pekin and is now known, as she has been known for nearly half a century, by the citizens of Pekin, as ‘Black Nancy.’ She came here a chattle (sic), with ‘no rights that a white man was bound to respect.’ For more than forty years she has been known here as a ‘negro’ upon whom there was no discount, and her presence and services have been indispensible (sic) on many a select occasion. But she has outlived the era of barbarism, and now, in her still vigorous old age, she sees her race disenthralled; the chains that bound them forever broken, their equality before the law everywhere recognized and her own children enjoying the elective franchise. A chapter in the history of a slave and in the progress of a nation.”

Remarkably, Bates doesn’t mention how Nance obtained her freedom, nor does he mention Lincoln’s role in her story. He doesn’t even tell us her surname. That’s because the details were then well-known to his readers. Later, her case would get a passing mention in the 1949 Pekin Centenary, while the 1974 Pekin Sesquicentennial would provide a more extended treatment of the case. But in none of the standard publications on Pekin history is personal information on Nance and her family included.

“What I did figure out,” Adams said in an email, “was that all the stories of Nance were positive up until the race riots in Chicago in 1918-1919 followed by a rebirth of the Klan in Illinois, and stories of Nance and her family disappeared, before the age of radio and TV.”

Since she had been forgotten and scant information was available in the standard reference works on Pekin’s history, Adams had to scan old census records, court files, coroner’s reports and newspaper articles to reconstruct the story of Nance’s life and the genealogy of her family. He learned that Nance was born about 1813, the daughter of African-American slaves named Randol and Anachy Legins, and that she married a free black named Benjamin Costley. Nance and Ben and their children appear in the U.S. Census for Pekin in 1850, 1860, 1870, and even 1880 (though the 1880 census entry is evidently fictitious). The 1870-71 Pekin City Directory shows Benjamin Costley residing at the southwest corner of Amanda and Somerset up in the northwest corner of Pekin. Perhaps not surprisingly, Ben and Nance’s log cabin was adjacent to the old Bailey Estate, the land of Nance’s last master, David Bailey, one of the principals of the 1841 case in which Nance won her freedom.

On this detail from an 1872 map of Pekin, from the 1873 “Atlas Map of Tazewell County,” a star indicates the location of the home of Benjamin Costley and Nance Legins-Costley and their children.

In his email, Adams explains the challenge of “writing about the first slave freed by Lincoln, when no one even knows her last name. OK. How does one do that? Genealogy. It is close to impossible to trace the genealogy of a slave. Now what? Trace the genealogy of the people who claimed to own her soul. It took six genealogies minimum to figure out where Nance was and when back to the time of her birth. I did what Woodward and Bernstein did with ‘All the President’s Men’ – follow the money and the paper trail that followed the money, that’s how.”

Telling of how he became interested in Nance’s story and how he eventually came to write his book, Adams said, “In 1994 my wife was diagnosed with cancer. I was unemployed, and in debt and depressed because of all this. To distract my self-pity, I took an interest in Nance and slavery – who could be worse off than they? I tried free-lance writing, but in Greater Peoria, I couldn’t make a living at it. So research on a totally new story about A. Lincoln had to be a part-time, part-time, part-time ‘hobby,’ as my wife called it. That is why it took so long: five years of research packed into a 15-year period.”

“Nance deserves her place in history because of what she did, not what the others did,” Adam said. “At the auction on July 12, 1827, she just said ‘No.’ By indentured servitude law, the indenture was supposed to ‘voluntarily’ agree to a contract to serve. When Nathan Cromwell asked if she would agree to serve him she just said ‘no,’ which led to a long list of consequences and further legal issues in court.

“What makes her historically important was when she managed to get to the Supreme Court twice. In my history fact-check only Dred Scott had managed to do that and he lost. Then I discovered with primary source material that Nance had actually made it to the Supreme Court three times. The third time was never published nor handed down as a court opinion when the judge found out she was a minor just before age 14. This was truly phenomenal, unprecedented and fantastic for that period of history.”

As Ida Tarbell said of Nance in 1902, “She had declared herself to be free.”

Adams’ book may be previewed and purchased on Amazon.com or through the website www.nancebook.com.

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Free State of Illinois: Gov. Coles calls for emancipation

By Jared Olar
Library assistant

Previously in our ongoing Illinois Bicentennial series, we saw how the controversy over slavery affected the history and development of Illinois from the formation of the Northwest Territory in 1787 right up to Illinois statehood in 1818. In fact, the dispute between Illinois’ pro-slavery and anti-slavery settlers played a role both in the breaking off of the Illinois Territory from the Indiana Territory in 1809 and in the race to achieve statehood for Illinois prior to Missouri.

This week we’ll recall how the issue flared up again during the tenure of Illinois’ second state governor Edward Coles (1786-1868).

About two years after Illinois became a state, the U.S. Congress agreed to admit Missouri and Maine to the Union simultaneously under the Missouri Compromise of 1820, which sought to defuse tensions between America’s pro-slavery and abolitionist parties by keeping the numbers of new “slave states” and “free states” balanced. The Missouri Compromise stipulated that slavery would be illegal in any new states formed from the areas of the Louisiana Purchase north of Parallel 36°30′ North.

Looking ahead, we can see that although the issue of slavery continued to simmer in the next three decades, at the national level the Missouri Compromise had moved the issue to the back burner. This arrangement endured until 1854, when Congress passed Illinois Sen. Stephen A. DouglasKansas-Nebraska Act, which repealed the Missouri Compromise and made slavery possible north of Parallel 36°30′ North.

Douglas’ rival Abraham Lincoln sharply criticized the Kansas-Nebraska Act in his Peoria speech on Oct. 16, 1854, an important step on the road that would take Lincoln to the White House. The resulting outrage over the act on the part of the free states and the abolitionists led to the dreadful violence of “Bleeding Kansas” and, ultimately, to the outbreak of the Civil War in 1861 and the final abolition of slavery in 1865.

In the great conflict over slavery, Illinois was ranged with the free states. As noted before, Article 6 the Northwest Ordinance of 1787 had outlawed slavery in any territories or states that later would be formed from the Northwest Territory. But in its early history Illinois’ place among the slave states was somewhat dubious and precarious. Most of Illinois’ early settlers came from slave states and territories, and from 1796 to 1806 there were repeated attempts to legalize slavery in the Indiana and Illinois territories.

Although the pro-slavery forces in Illinois failed to legalize slavery, effectively the practice of slavery still went on in Illinois due to an indentured servitude law that made it possible for slave owners to pressure their slaves to agree to continue to serve their masters after coming to Illinois. In Jan. 1818, the Illinois Territorial Legislature sought to emphasize to Congress that Illinois would be a free state by approving a bill that would have reformed labor contracts to eliminate the practice of indentured servitude. However, Gov. Ninian Edwards (1775-1833), himself a wealthy aristocratic slave-owner, vetoed the bill, claiming it was unconstitutional – the only time Edwards ever exercised his veto power as territorial governor.

After Illinois achieved statehood, pro-slavery forces continued to strive to legalize it. In anticipation of Illinois’ admission to the Union, the territory framed a state constitution in Aug. 1818 – but it is significant that Illinois’ first constitution had a “loophole” of which pro-slavery leaders soon tried to avail themselves in order to legalize slavery. On the question of slavery, the 1818 constitution said, “Neither slavery nor involuntary servitude shall hereafter be introduced into this state otherwise than for the punishment of crimes.

In his 1933 history, “Illinois: the Heart of the Nation,” former Ill. Gov. Edward Dunne explained the loophole in Illinois’ first constitution in these words (pp. 240, 260, 262, emphasis added):

“The section of the constitution relative to slavery and prohibiting it in the state, as amended and finally passed, was a compromise between the pro-slavery and anti-slavery members of the convention. In effect, it practically admitted that the former indentured laws of the territory practically amounted to slavery, but provided that the children of indentured persons were to become free. Under that provision, no indentures made outside the state could be enforced within the state, but the constitution failed to bind the state not to make a revision of the constitution which would admit slavery. Notwithstanding that the constitution failed to have any provision in strict accordance with the Ordinance of 1787 relative to slavery, it was accepted and approved by Congress, . . .

“Slavery had already been introduced into the state. Slaves and indentured servants, who were in almost as abject a condition of service as slaves, were numerous in Illinois at the time this constitution was adopted and, noting the word ‘hereafter’ in the constitution, there was a rush to have indentured articles approved before the constitution went into effect. . . .

“To have framed a constitution favoring slavery, or one making no declaration on the subject, would have invited a denial by Congress of the application for statehood. Therefore, some declaration against slavery was necessary, but reserving a method of reopening the question, was devised and carried in the convention . . . .”

As expected, Dunne wrote, “That opportunity soon arose and was promptly seized by the pro-slavery element in the state.

It happened following the election of Virginia-born Edward Coles as Illinois’ second governor. In Virginia, Coles held a large estate and owned at least 20 slaves, and he served as President James Madison’s private secretary from 1809 to 1815 with a special assignment as ambassador to Russia. By 1814, Coles had come to oppose slavery, corresponding with ex-President Thomas Jefferson on the subject that year.

Edward Coles, 2nd Illinois governor, 1822-1826

After returning from his diplomatic work in Europe, Madison appointed Coles registrar of the federal land office in Edwardsville, Ill. After arranging matters at his Virginia estate, Coles struck out west for Illinois. On the way down the Ohio River, Coles made the decision to set his slaves free. “He promised them each emancipation from slavery,” Dunne wrote, “and 160 acres of land and help for farming, and they, of course, joyfully accepted their freedom and every one of them agreed to accompany him to Edwardsville. Before landing in Illinois Coles gave each of his slaves a written certificate of freedom and all settled around his home near Edwardsville.

Two years later, Coles and three other men entered the race to succeed Shadrach Bond as governor of Illinois. The other gubernatorial candidates were Illinois Supreme Court Justice Joseph Phillips, Associate Justice Thomas C. Brown, and Gen. James B. Moore – Phillips and Brown ran on pro-slavery platforms, while Coles and Moore were anti-slavery. Even though pro-slavery voters outnumbered those opposed to slavery, Coles managed to secure his election because the pro-slavery vote was split almost equally between Phillips and Brown, while Moore only won a few hundred votes.

Coles decided to force the issue of slavery on his very first day as governor in 1822, calling in his inaugural address before the Illinois General Assembly in Vandalia for the immediate emancipation of all slaves or indentured servants in Illinois. The pro-slavery members of the General Assembly responded by making plans to call for a new constitutional convention, with the unstated intention of crafting a constitution that would enshrine slave-owning as a right.

The resolution to put the question of calling a new convention to the people for a vote narrowly passed the Illinois House of Representatives by the slimmest of margins, and under extremely questionable circumstances. Initially the resolution failed by one vote when Nicholas Hansen of Pike County switched sides and voted against the resolution. But Hansen’s own election to the House had been marred by a vote-counting dispute – so his outraged pro-slavery colleagues expelled Hansen from the House and replaced him with his opponent in the election, John Shaw, who then obediently voted in favor of the resolution.

Even though the majority of Illinois voters and members of the General Assembly favored slavery, Dunne observed that, “The high-handed, arbitrary and unfair methods pursued by the House in evicting Hansen and securing thereby a two-thirds vote for the convention, disgusted many fair-minded citizens who had been tolerant of slavery.” Furthermore, although those who sought a new constitutional convention had the goal of turning Illinois from an officially free to an officially slave state, they were not forthright about their intentions, and that cynical approach probably cost them support.

Consequently, despite the numerical advantage and the initial momentum of those who wanted to call a constitutional convention, in the end their effort was resoundingly defeated on Aug. 2, 1824, by a vote of 6,640 to 4,972, “after a campaign of exceeding violence, lasting about eighteen months,” Dunne wrote. It had been an ugly fight, but Gov. Coles and his anti-slavery allies, including the influential journalists Morris Birkbeck and Daniel P. Cook (eponym of Cook County), managed to prevent the prospect of a pro-slavery constitution.

In retrospect, it can be seen that the very fate of the nation hung upon the outcome of Illinois’ convention battle – for if Illinois had switched from free to slave, the proponents of slavery would have gained permanent control of the U.S. Senate, “and no law thereafter could have been passed by Congress limiting or restricting slavery in the United States,” Dunne wrote.

The 1818 constitution limited governors to a single term, so Coles left office in 1826. Though he was able to defeat the convention movement, he was otherwise impotent against the pro-slavery General Assembly, which rejected all of his nominees to state office and ignored his legislative recommendations. Afterwards Coles was sued by the State for freeing his slaves without paying bonds of $200 to vouch for the good behavior of each freed slave. Even though he’d free his slaves before entering Illinois, the State initially won the politically-motivated suit – Coles would have had to pay $2,000, a great financial blow, but Coles appealed to the state Supreme Court and won on appeal.

Wearied by his bitter political experiences in Illinois, Coles returned to the East, finally settling in Philadelphia. His was gravely disappointed by his son Robert, who became a slave-owner and fought for the Confederacy – but he did live to see the abolition of slavery and emancipation of all slaves in the U.S. in the 1860s.

In 1929, a bronze portrait of Gov. Coles was erected in his memory in Valley View Cemetery in Edwardsville. Also, in recognition of Coles’ commitment to the abolition of slavery, the State of Illinois Human Rights Commission offers the Edward Coles Fellowship, a scholarship for law students.

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Illinois makes it to 10: the state’s first incorporated cities

By Jared Olar
Library assistant

Following up on our recent accounts of how Pekin became an incorporated town in 1837 and an incorporated city in 1849, this week we’ll scan a wider vista as we study the incorporated municipalities of Illinois.

The city of Pekin is just one of 1,299 Illinois incorporated municipalities, of which there are three kinds: villages, towns, and cities. Given the usual definitions of those terms, one might assume that the kind of municipality depends on population and geographical size – villages being little, towns being mid-sized, cities being largest. But size has almost nothing to do with it.

For example, Melrose Park near Chicago is a village, but has a population of about 25,000, while the southern Illinois municipality of Nason in Jefferson County is a city, but has only 236 residents, making it the smallest city in Illinois. Meanwhile, both Topeka in Mason County, population 71, and Normal in McLean County, population 54,264, are towns. The largest town in Illinois is Cicero, population 82,992, and the smallest town is Bentley in Hancock County, population 34.

The kind of municipality isn’t a matter of size. Rather, they are three forms of municipal government. The main difference is that villages and towns are governed by boards of trustees, while cities are governed by mayors and city councils. The city form of government may be aldermanic, commission, or mayor/managerial.

Remarkably, there are only three counties in Illinois that have no cities: Calhoun County, which has only five villages, all incorporated in the 1880s and 1890s; Henderson County, which has only eight villages; and Putnam County, which has only six villages.

But Tazewell County has five cities: Pekin, incorporated Aug. 21, 1849; Washington, first incorporated Feb. 10, 1857; East Peoria (formerly called Hilton), first incorporated July 1, 1884; Delavan, first incorporated April 17, 1888, and the youngest of our county’s cities, Marquette Heights, incorporated June 27, 1956.

As noted previously, the 1870 Illinois constitution eliminated the option of “town” as a possible choice when a settlement opts for incorporation, so afterwards there could be no new towns. Many Illinois municipalities started out as villages or towns, later adopting a city form of government, but many have remained villages and a few – only 19 – have decided to stick with their original town charters. Most municipalities (including Pekin) re-incorporated under the 1872 general law of incorporation.

Under current incorporation law, a locale must have at least 200 people to incorporate as a village and at least 2,500 to incorporate as a city. Even if the population later shrinks, the municipality need not give up its form of government, but the choice to unincorporate is sometimes made when a municipality declines.

Most of our municipalities were established after Illinois became a state in 1818, but a few settlements were incorporated when Illinois was a territory – and Illinois’ earliest incorporated settlement was Kaskaskia, the former territorial capital and first state capital, which received its original town charter from King Louis XV of France in 1725 during the colonial period.

Almost a year before Illinois statehood, Kaskaskia was incorporated as a town on Jan. 6, 1818. The following year the state capital was moved to Vandalia, and poor abandoned Kaskaskia eventually was almost completely destroyed by a flood in April 1881, when the Mississippi River changed its course. The 2000 federal census showed only nine people left in the bayou that is all that remains of the first state capital.

Another Illinois city, Golconda in Pope County, was already around by 1816 when Pope County was established. Originally called Sarahsville, the residents opted for the name “Golconda” on Jan. 24, 1817, and they received a town charter on March 1, 1845, becoming a city some time later. Thus, one must not interpret the date of incorporation as the same as the date of founding, because usually a community or settlement existed for several years, even a long time, before finally incorporating.

Of those municipalities that later became cities, Pekin was the 17th municipality to be incorporated since Illinois became a territory — but the earliest one of them to become an incorporated municipality was Shawneetown in Gallatin County, which became a village on Dec. 8, 1814, a town on Feb. 27, 1847, and a city on Feb. 22, 1861.

Old Pekin historical publications say Pekin was the 10th incorporated city in Illinois, a claim that can be confirmed by consulting Illinois state records and old published county histories.

The very first incorporated city in Illinois was Cairo in Alexander County, which was granted a city charter on Jan. 9, 1818. In those days, however, Cairo was really only a city on paper. The site was chosen for a city because, as the charter states, the confluence of the Ohio and Mississippi rivers was thought an economically auspicious location. In those days, there seemed little grounds to hope for prosperity in a city on the shores of Lake Michigan (the railroad was still a new invention, and the St. Lawrence Seaway was yet future), and Illinois depended on the Mississippi for the movement of people and goods. Nevertheless, no one would be interested in living in the planned and platted city of Cairo for many more years to come. A new settlement at the site was founded in the 1830s, and so Cairo was given a second city charter on March 4, 1837.

Shown is a detail from an 1819 Illinois state law that lists several pre-statehood laws that had been passed by the Illinois Territorial Legislature. One of them, approved Jan. 9, 1818, was “an act to incorporate the city and bank of Cairo” — thus making Cairo at the southern tip of Illinois, then only a proposed city, the first incorporated city in Illinois.

If not for Cairo’s 1818 charter, the honor of being Illinois’ first incorporated city would go to (where else?) Chicago, which became a city on March 4, 1837, the same date as Cairo’s second charter. Chicago was originally incorporated as a town on Aug. 12, 1833. Coming in close behind Chicago as Illinois’ third city is Alton in Madison County, which incorporated as a city on July 31, 1837 (but became a town before Chicago did, on Jan. 30, 1821).

The fourth and fifth cities of Illinois were Quincy and Springfield, but were incorporated by the Illinois General Assembly on the same day, Feb. 3, 1840. Springfield, which incorporated as a town on April 2, 1832, had recently been designated as Illinois’ third state capital. It officially received its city charter on April 6, 1840.

Illinois’ sixth incorporated city was Nauvoo in Hancock County, which served as the headquarters of the Church of Jesus Christ of Latter Day Saints (the Mormons) until the Mormon War. Nauvoo became a city on Feb. 1, 1841.

Next in order came Galena in Jo Daviess County, the home of President Ulysses S. Grant, which was incorporated as a town on Jan. 7, 1835. The path that Galena was forced to take to acquire its first city charter was marred by political tumult and controversy involving a runaway town board. The General Assembly approved a city charter for Galena on Feb. 15, 1839, stipulating that the Galena town board had to place the proposed charter before their residents for a vote. The board members, however, usurped the role of the State Supreme Court and claimed some of the charter’s provisions were unconstitutional. Flouting state law, the board passed a resolution declaring that they would never obey the law requiring them to hold a town referendum on the charter. Legal action immediately ensued, leading to the state’s high court issuing a writ of mandamus (Latin, “we command”) on Nov. 16, 1840, ordering the Galena board to let their constituents vote on the charter. The board again rebelled. The scandal finally was ended by the exasperated people of Galena themselves, who voted out the old board on April 5, 1841. The new board members immediately agreed to hold the vote on the charter, which was approved by a vote of 196-34 on April 26, 1841. So Galena finally became a city. (The full account of Galena’s tortuous path to cityhood may be read in H.F. Kett’s 1878 History of Jo Daviess County.)

After the fireworks of Galena’s city charter battle, Peoria much more quietly became the eighth incorporated city in Illinois on April 21, 1845. Almost four years elapsed until Illinois got its ninth city: Rock Island, incorporated on Feb. 12, 1849. Six months later, in August of 1849, Pekin voted to adopt a city charter, making Pekin the 10th incorporated city in Illinois.

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Revisiting ‘Pekin, Incorporated’ — Pekin’s first incorporation needed a ‘do-over’

By Jared Olar
Library assistant

In recent installments of our ongoing Illinois Bicentennial series, we have recalled the first 19 years of Pekin’s history, when Pekin passed from a pioneer settlement to a formally incorporated town, finally being incorporated as a city in 1849 and electing its first mayor.

This week we’ll take a closer look at Pekin’s “incorporation” as a town and a city.

During Illinois’ times as a territory and then a newly-minted state, towns and villages would be founded by settlers or land agents working individually or in a company who would hire a surveyor to make a plat of the proposed town that would be legally recorded. If the settlement proved successful and enduring, before long the inhabitants would seek to organize their town as a corporation, a legal status that confers the right to elect a local government with collective rights.

We have previously told of how Pekin’s first settlers surveyed the lots of their proposed “Town Site” and then voted on Jan. 19, 1830, to name their town “Pekin.” The certified plat of the original town of Pekin is dated April 2, 1830. From 1831 to 1836, Pekin served as the interim county seat of Tazewell County while a state commission deliberated on the location of Tazewell’s permanent county seat. During the five years following Pekin’s founding, Pekin did not elect its own governmental officials, because the town was unincorporated – local government for Pekin existed at the county and township levels, but not at the municipal level.

As we’ve recalled, Pekin pioneer historian William H. Bates tells of the incorporation of Pekin as a legally constituted “town” in his 1870 narrative of Pekin’s early history that he included in the 1870-71 Pekin City Directory. On page 13, Bates quotes from the original record of Pekin’s first town election “of which we can glean any authentic account.” Here is the wording of the election record:

July 9th, 1835, agreeable to notice given according to law, in the Court House, in the Town of Pekin, Tazewell County, Illinois, for the purpose of electing Five Resident Freeholders of the Town of Pekin, as Trustees of the same, who shall hold their office for one year and until others are chosen and qualified.”

The language of this record indicates that Pekin was by then an incorporated town, for only an incorporated town or village could lawfully elect a board of trustees under Illinois law.

But as a matter of fact, contrary to what the people of Pekin then believed, their town was not legally incorporated at the time of their first election. Technically the election of July 9, 1835, and its results were invalid – as were all the governmental acts of Pekin from then until Jan. 19, 1837. On that date, the Illinois General Assembly passed and approved, “An act to legalize the incorporation of Pekin” (See “Incorporation Laws of the State of Illinois 1836-37,” pages 3-4).

The wording of the act explains that “the citizens of the town of Pekin, in the county of Tazewell, did, on the second day of July, A. D. 1835, meet and determine, by vote, that they would become incorporated, according to the provisions of an act entitled ‘An act to incorporate such towns as may wish to be incorporated,’ approved March 1st, 1831.” Nevertheless, “by accident or mistake, the certified statement of the polls of said meeting was lost and have (sic – has) not been filed and recorded in the clerk’s office of the county commissioners’ court in said county as the said act directs.

The act then goes on to declare that the town of Pekin shall not be considered to be an illegally incorporated town – i.e., no one would be prosecuted or sued over what had happened, nor would the town board be disbanded. The act retroactively “declared legal and valid” all of the official acts of Pekin’s board of trustees since July 2, 1835. Finally, the town of Pekin was “hereby declared an incorporated town under the above recited act, any omission or mistake in the incorporation of said town to the contrary notwithstanding.

This detail from an 1837 book of Illinois incorporation laws shows part of an act approved by the Illinois General Assembly on Jan. 19, 1837, legalizing the incorporation of Pekin as a town. Pekin had voted to incorporate on July 2, 1835, but the vote results were never legally recorded, so the Legislature had to unsnarl Pekin from a legal predicament.

Consequently, although the people of Pekin intended to incorporate on July 2, 1835, in point of law Pekin did not really become an incorporated town until Jan. 19, 1837 (the seventh anniversary, as it happened, of the date that the original settlers of the town voted for the name “Pekin” for their town). If it weren’t for that mistake, Pekin would have become an incorporated town 16 days before Peoria did.

Incidentally, the law of March 1, 1831, under which Peoria and Pekin were incorporated stipulated that settlements having populations of at least 150 persons could incorporate as either a village or a town. The option of incorporating as a “town” was removed by the new 1870 Illinois constitution – ever since then, municipalities may only incorporate as villages or cities. According to Illinois Secretary of State records, there are only 19 incorporated towns remaining in Illinois (including Topeka in Mason County, Normal in McLean County, and Astoria in Fulton County).

Pekin’s failed attempt at incorporation in 1835 is entirely unmentioned in the old standard works on Pekin’s history, perhaps because by the time Bates compiled his first Pekin history no one was around anymore who could have remembered what had happened – or perhaps Bates and his fellow Pekinites were too embarrassed to tell the story for posterity. We can only wonder how this serious omission came to light, who first brought it to the town board’s attention, and how they reacted to the news that all the board’s votes and deliberations since July 1835 were only so much wind.

In any case, because of the snafu in July 1835, Pekin, although now officially incorporated, did not officially receive its town charter (that is, its constitution) from the state until Feb. 23, 1839, when the Illinois General Assembly approved “An act to extend the corporate powers of the town of Pekin” that spelled out the legal powers, rights, obligations, and electoral procedures of the Pekin town board of trustees.

As of early May of this year, the Illinois Secretary of State’s online index of local governments mistakenly gave Feb. 23, 1839 as the date of Pekin’s original incorporation – but that is the date of Pekin’s first charter, not the actual date of incorporation, which took place Jan. 19, 1837 (and should have happened on July 2, 1835).

From the date of Pekin’s original town charter, about 10½ years elapsed until Pekin re-incorporated as a city, legally complying with the terms of a state law passed by the General Assembly on Feb. 10, 1849, which gave towns or villages with a population of at least 1,500 persons the option of incorporating as cities under the charters of Springfield or Quincy.

That time Pekin’s officials took care not to repeat the goof-up of July 2, 1835, and so Pekin was lawfully incorporated as a city on Aug. 21, 1849, electing its first mayor and city council the following month, on Sept. 24.

Pekin functioned under its first city charter until March 4, 1869, when the General Assembly passed an act that granted Pekin a new charter of incorporation. Under the original city charter, the mayor and aldermen served one-year terms, and the city was divided into four wards, with one alderman per ward. The 1869 charter added two more wards and stipulated that each of the six wards would be represented by two aldermen each.

The 1869 charter lasted only five years, because Pekin re-incorporated under yet another city charter following the new 1870 state constitution. Under the new charter, adopted on April 20, 1874, and certified by the state on Aug. 10 of that year, the mayor and aldermen served two-year terms. The 1874 charter would serve Pekin until 1910, when the city abolished the aldermanic form of city government and reorganized under a city commission form of government.

The commission form lasted until 1995, when Pekin’s residents voted in favor of the current city manager form of government.

#act-to-legalize-the-incorporation-of-pekin, #illinois-bicentennial, #pekin-becomes-a-town, #pekin-history, #pekin-incorporation-snafu, #pekins-first-town-charter, #william-h-bates

Bernard Bailey (1812-1903), Pekin’s first mayor

This is a revised version of one of our “From the Local History Room” columns that first appeared in March 2012 before the launch of this weblog, republished here as a part of our Illinois Bicentennial Series on early Illinois history.

Bernard Bailey, Pekin’s first mayor

By Jared Olar
Library assistant

Last time we reviewed the story of how Pekin became an incorporated city in 1849. When the residents of Pekin formally adopted a city charter on Aug. 20, 1849, Pekin opted for a mayor/alderman form of government.

The earliest published history of Pekin is found in the Sellers & Bates 1870 Pekin City Directory. On page 28 of that volume, we read, “The election for city officers occurred on the 24th of September, 1849, and resulted in the election of the following named officers: Mayor – Bernard Bailey. First Ward – John Atkinson. Second Ward – David P. Kenyon. Third Ward – Wm. S. Maus. Fourth Ward – Jacob Riblet.”

The Bailey name is an old one in Pekin – part of Pekin is known as Bailey Addition, and Lake Arlann (Meyers Lake) formerly was called Bailey’s Lake. However, Bernard Bailey does not appear to have been a member of that Bailey family. The 1880 “History of Peoria County” says he was born in Maryland on March 26, 1812, the son of Vincent and Susanna (Bernard) Bailey. He first came to Tazewell County, Illinois, around 1830, where he worked as a school teacher and worked at his father’s ox mill. Settling in Pekin, he went into the grocery business and did some wagon making, saving enough money to become a lawyer.

Shown are the federal letters patent signed by President Andrew Jackson confirming the purchase of land in Tazewell County on April 15, 1833, by Bernard Bailey of Pekin, who later was elected Pekin’s first mayor on Sept. 24, 1849. IMAGE FROM U.S. GENERAL LAND OFFICE ARCHIVES VIA ANCESTRY.COM

Bailey then left Pekin, moving to Mercer County, Illinois, and then south to Louisiana, the native state of his wife Arabella Gilmore. In East Baton Rouge Parish, he tried his hand at sugar and cotton planting, until in 1848 he returned to Pekin, being elected mayor the following year.

Originally Pekin’s mayor and aldermen were elected to serve one-year terms, with elections taking place in the spring. Because the first mayor and city council were elected in the autumn, however, they could only serve about seven months before the next election. The 1870 City Directory says the second city election was on April 15, 1850, and Mayor Bailey and three of the four aldermen were reelected (Atkinson losing his reelection bid to Peter Weyhrich, who later would serve a term as Pekin’s mayor in 1858-1859).

Before Pekin could vote to incorporate as a city, a hasty enumeration of the town’s inhabitants had to be conducted to verify that Pekin had at least 1,500 residents. However, immigration and prosperity was fueling a population boom during Mayor Bailey’s two terms. The 1974 Pekin Sesquicentennial says, “Only a year later, Pekin’s population had increased by more than 20% to 1,840, many of the new arrivals being German immigrants. Bailey was re-elected Mayor (the terms then being one year) and all seemed to be going well.”

“That did not last long, however,” the Sesquicentennial continues.

It was at this point that the fledgling city government experienced its first “hiccup.” The 1887 Pekin City Directory, page 30, briefly explains:

“On the 9th of October, 1850, it was resolved by the Council that the Mayor be requested to resign his office, that the city may elect a Mayor who will attend to the duties of his office. On the 25th of October, Mayor Bailey sent in his written resignation which, on motion, was accepted.”

It should be noted that the 1870 City Directory mistakenly switched the calendar dates of the council resolution and Bailey’s resignation. That error was corrected in the 1887 edition, but the 1974 Pekin Sesquicentennial repeats the 1870 City Directory’s mistake.

The standard reference works on Pekin’s early history do not tell us why Mayor Bailey was not “attending to the duties of his office,” but Charles C. Chapman’s 1879 “History of Tazewell County,” page 723, includes a brief reference to Bernard Bailey that may or may not shed some light on that question:

“In the month of October, 1848, the Tazewell Mirror was purchased from John S. Lawrence by John Smith, now of Princeton, Ill. In 1850 Smith sold to Bernard Bailey, but repurchased the Mirror in 1851 in company with Adam Henderson.”

Could Mayor Bailey have been distracted from his civic duties in 1850 by his struggle to operate a newspaper? Whatever the answer to that question, after Bailey’s resignation, a special election was held on Nov. 25, 1850, and Abram Woolston (mistakenly called Woolstein in the 1879 “History of Tazewell County”) was elected to serve the remainder of Bailey’s term. Since Mayor Bailey’s election in 1849, a total of 48 men and one woman (Laurie Barra, 2011-2015) have held the office of Mayor of Pekin. There have been three mayors in Pekin’s history who have served more than one term: Charles Diusdieker (1895-1996, 1911-1915), J. Norman Shade (1939-1954, 1959-1966), and David Tebben (1995-2003, 2007-2008).

After owning the Mirror for six months, Bailey sold out and moved to Peoria. There he bought an interest in the Peoria Republican newspaper, later going into the boot and shoe business. In 1856 he was elected Justice of the Peace. He and his wife had 11 children. Pekin’s first mayor lived to the age of 91, dying at Peoria Hospital on Aug. 22, 1903. He was buried in Springdale Cemetery in Peoria.

#abram-woolston, #bernard-bailey, #charles-duisdieker, #david-tebben, #dr-william-s-maus, #illinois-bicentennial, #laurie-barra, #mayor-j-norman-shade, #pekin-history, #pekins-first-mayor, #peter-weyhrich

How Pekin became the 10th incorporated city in Illinois

This is a revised version of one of our “From the Local History Room” columns that first appeared on 28 Jan. 2012 before the launch of this weblog, republished here as a part of our Illinois Bicentennial Series on early Illinois history.

How Pekin became a city

By Jared Olar
Library assistant

Pekin has been Tazewell County’s leading community and the continuous seat of county government about as long as Pekin has been a city. But our city had not a few birth pangs in its earliest days, and during Pekin’s first two decades or so the community’s future was often in doubt.

As stated in the Nov. 5, 2011, “From the History Room” column, the 1824 arrival of Jonathan Tharp three years before the formation of Tazewell County was the seed from which Pekin would grow. However, things got off to a slow start, and by 1830 only eight white families lived in the settlement that was given the name “Pekin” that year.

Pekin’s fortunes were then on the rise, however, and in the spring of 1831 the county’s officials obtained permission from the state to temporarily move the county’s government operations from Mackinaw to Pekin – an interim decision until a state-appointed commission had determined where the permanent county seat should be.

Four years later, on July 2, 1835, Pekin’s voters chose to formally incorporate as a town and the community held its first town election on July 9, 1835, to install “a board of five trustees of the Town of Pekin” to serve one-year terms. The vote results were: D. Mark, 24; D. Bailey, 24; Samuel Wilson, 17; Joshua C. Morgan, 22; S. Pillsbury, 24; and S. Field, 12. In the words of Pekin’s early historian W.H. Bates, “On the 11th of the same month, the Board of Trustees was organized, J.C. Morgan being elected President, and Benjamin Kellogg, Jr., Clerk.” (1870 Pekin City Directory, p.13)

Just one year later, however, Pekin suffered one of its many early setbacks, when the above mentioned state-appointed commission decided that county seat was to be moved from Pekin to Tremont. Pekin’s Board President J.C. Morgan moved to Tremont at that time and resigned from the Pekin town board on June 27, 1836.

Undaunted by the loss of county seat status, Pekin carried on with its annual town elections and its population steadily increased. Calamity struck in late 1843, however, when a deadly scarlet fever epidemic swept over the community, which then numbered about 800 residents.

This detail from page 27 of the 1870-71 Sellers & Bates Pekin City Directory shows W. H. Bates’ account of the vote and local census that enabled Pekin to become an incorporated city in August of 1849.

It would be more than a decade before Pekin found itself on surer footing. As the 1974 Pekin Sesquicentennial says, “After years of misfortunes, epidemics, wars, droughts, and general weariness, Pekin seemed due for a change of luck. It came, and 1849 was the turning point. The population had risen to 1,500, and the town’s residents voted unanimously to organize under a city charter (dated August 20, 1849). On September 24, Bernard Bailey was elected mayor, heading a council of four aldermen: John Atkinson, David Kenyon, William Maus, and Jacob Riblet.”

Maus, incidentally, was one of the town’s doctors, and he had attended to the sick during the scarlet fever epidemic of 1843-1844. He had previously treated Pekin’s cholera victims during the July 1834 epidemic.

In the 1870 Pekin City Directory, W. H. Bates details the process of how Pekin became a city. To begin with, Bates says the county seat was moved from Tremont back to Pekin in 1848. But Illinois state records show that it was 1849, the same year Pekin incorporated as a city, and “1849” is handwritten — perhaps by Bates himself — on the page of the library’s copy of the 1870 City Directory.

Bates then relates that on Aug. 7, 1849, the town board approved a resolution to take a census of Pekin “preparatory to city organization under the general act of incorporation allowing towns of fifteen hundred inhabitants the privilege of adopting the Springfield or Quincy charters if a majority of the inhabitants, upon due notice, vote in favor of it.” (Springfield and Quincy had themselves both received their city charters from the Illinois General Assembly on Feb. 3, 1840.)

Only two days later, on Aug. 9, 1849, the census results were reported to the board, and, having found that Pekin contained at least 1,500 people, it was “ordered that two weeks’ notice, to be published in the ‘Mirror,’ for an election, to be held on the 20th of August, 1849, to vote for or against the City of Pekin.”

With the unanimous vote on Aug. 20, the “City of Pekin” was born, with a mayor/alderman form of government. Bates says Pekin was only the 10th incorporated city in the State of Illinois. Records show that it had been only six months since the state’s ninth city, Rock Island, was incorporated.

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