The legal profession’s earliest days in Tazewell

This is a reprint of a “From the Local History Room” column that first appeared in Feb. 2015, before the launch of this weblog.

The legal profession’s earliest days in Tazewell

By Jared Olar
Library Assistant

In Ben C. Allensworth’s 1905 “History of Tazewell County,” a former local judge named A. W. Rodecker was asked to write an essay on the history of the legal profession in the county. Rodecker’s essay, on pages 878-880 of Allensworth’s history, is entitled “Bench and Bar” and sketches the general shape of the legal practice in Tazewell during the county’s early years.

Rodecker began with an acknowledgement of the Judaeo-Christian foundations of Western civilization that then informed the practice of law and the functioning of the courts in America. Rodecker commented, “. . . it is true that, in the courts of the country, the Decalogue is recognized as the guide, and as embracing all law and all equity. If a law-making power declares an act to be a law which contravenes the law ‘thundered from Mount Sinai,’ it cannot be enforced, but is null and void.

Of Tazewell’s first attorneys, Rodecker said, “The lawyers of Tazewell County who came here, or grew up here in an early day, were of the kind who hewed out their way over the roughest road, and blazed it with the glory of well-earned success. They had few books from which to learn, and few decisions of the courts to guide them to settle disputes that grew up in the new State. They fell back upon the old text-books, and became well grounded in principles, and were by no means ‘case lawyers.’ They knew the reason for every rule, and backed up their opinions with a familiarity that was almost invincible. Their knowledge of common law pleadings had to be almost perfect. There was no great code of practice, no very helpful books of forms. They had to plead ‘on the spot.’ A continuance meant costs to their clients, and cases were not then ‘won by delays’ and procrastination. Even on the criminal side of the court, indictments and pleadings did not indulge in a waste of words.

To illustrate how indictments and pleadings in those days “quickly came to the point,” Rodecker copied an indictment that had been “drawn” in September 1837 by Stephen A. Douglas, who later served as senator for Illinois, but who was then Tazewell County’s interim state’s attorney. The indictment, which Douglass brought before a grand jury, but which the grand jury declined to endorse, said:

“The grand jurors chosen, selected and sworn, in and for the County of Tazewell, in the name and by the authority of the people of the State of Illinois, upon their oaths present that Clark Kellogg, on the twenty-seventh day of May, in the year of our Lord, One Thousand Eight Hundred and Thirty-Seven, at the county aforesaid, one bay mare, of the value of Fifty Dollars, of the goods and chattels of one Joseph Kelso, in the peace, then and there being found, unlawfully, and feloniously, did steal, take away, and drive away, contrary to the statute in such case made and provided, and against the peace and dignity of the same people of the State of Illinois.”

Rodecker’s essay then tells of how the first term of the circuit court in Tazewell County was convened in Mackinaw, the county seat, on May 12, 1828, with Samuel D. Lockwood as the presiding judge. “The first common law case was one of debt, and the first criminal case was for assault and battery,” Rodecker said.

Continuing, Rodecker said, “In 1831 the county-seat was moved from Mackinaw to Pekin, and court was held in what was then known as the Snell School House, which was situated on the west side of Second Street, between Elizabeth and St. Mary’s Streets. In 1826 it was moved to Tremont . . . In 1850 the present court house was completed, and, in August of that year, the county-seat was again moved to Pekin.” That was the court house building that preceded the current Tazewell County Court House.

The old Tazewell County Courthouse, which served the county from 1850 to 1914, when it was demolished to be replaced by the current courthouse.

Rodecker was evidently pleased to be able to boast in 1905 that “Not in all the years of Tazewell County’s existence has a member of its bar been convicted of a crime, or been disbarred for unprofessional conduct” – something that can no longer be said today.

After an enumeration of the county’s attorneys and judges, Rodecker told the following anecdote of swift justice concerning Judge Charles Turner, who had served as a colonel and brevet brigadier general during the Civil War:

“He was a fearless man in every emergency. I well remember that his courage was put to a strong test while he was Judge of the Circuit Court. One night, after he had retired, he heard a noise in the basement of his house, and he got out of bed to investigate and found that his home was being burglarized. He caught sight of a man stealthily creeping from room to room. The Judge as quietly crept after him, and when, in reaching distance, pounced upon him. The burglar was armed with an iron poker, and a terrible fight followed. First the Judge was on top, and then the burglar; but the Judge proved the more powerful man, and, although the burglar was a desperate fighting, the Judge soon had him at his mercy. By this time some of the female members of the family came to his aid with lights, and he bound the burglar, and marched him off to jail. The Grand Jury was in session, and the next day the burglar was indicted, and a Judge from an adjoining county called to hold court; the man plead[ed] guilty and was sentenced, and the following day sent to the penitentiary.”

#clark-kellogg, #courthouses, #joseph-kelso, #judge-a-w-rodecker, #judge-charles-turner, #mackinaw-courthouse, #samuel-d-lockwood, #stephen-a-douglas, #tazewell-county-courthouse, #tremont-courthouse

Tazewell County’s ‘Court Days’ in pioneer times

This is a reprint of a “From the Local History Room” column that first appeared in July 2014, before the launch of this weblog.

Tazewell County’s ‘Court Days’ in pioneer times

By Jared Olar
Library Assistant

In the years when Tazewell County’s pioneer settlers arrived to establish farmsteads, villages, towns and cities, entertainment was pretty hard to come by. There were no organized sports teams, and no theaters or opera houses had yet been built. Even the annual county fairs, local community festivals and parades were still a thing of the future in Tazewell County.

Instead, according to Charles C. Chapman’s 1979 “History of Tazewell County,” the early settlers of the county often found their entertainment by going to court and watching the judge hear cases and dispense justice, and listening to attorneys practice their oratorical skills both in court and in the taverns after court was adjourned.

Chapman writes on pages 393-395:

“Among the notable days in the early history of the county, was court day. The convening of Court was one of the events of the year. On that day nearly everybody gathered at the county-seat. If a settler happened not to be on a jury, or a witness, or a suitor, he felt it his bounden duty to ‘go to Court,’ to see and hear what was going on. It answered the place of the shows and circuses of a later day, and perhaps was as instructive if not as entertaining. When Court was over, in the evening the Judge, lawyers and citizens congregated in the bar-rooms of the taverns, where stories were told and the evening spent in conversation.

“These seasons were accounted the most enjoyable of pioneer life, and when we consider the men who were there to edify and please the crowd, with their stories and anecdotes, we may well consider court days as possessing an interest of no little merit. There was Lincoln and Douglas, two of the greatest statesmen the world has ever known, and both of whom possessed an inexhaustible fountain of anecdotes. It is said the immense fund of anecdotes possessed by the late President Lincoln was largely derived from collections made while ‘on the circuit.’ Then there was Baker, Stewart, Lockwood, Farquhar, the comical Hubbard, Hardin, Treat, Logan and Davis, and others who could relate as good a story as ever was heard. Who would not love to sit at the feet of such men and listen to their arguments, their general conversation and their stories. Abraham Lincoln was attending Court at Tremont, in 1842, when Gen. Shields sent him the challenge to fight their famous duel. Many of the older citizens remember this exciting occurrence.”

Chapman also quotes the following recollections of Tazewell County pioneer settler Nathan Dillon concerning how court proceedings took place in 1824:

“In those days when we could not get the store room of Hamlin or Allen, or the dwelling house of John Dixon, we held our courts on the river bank; not being as wealthy or strong handed as in Sangamon, we had to do without a courthouse. Judge Sawyer was our circuit Judge, and it was some time before we could scare up a jury. At that date there was not a cabin on the site of the city of Pekin, and perogues were the only crafts we had to freight our whisky, salt and iron from the State to Peoria.”

Chapman also comments:

“Nathan Dillon was a Justice of the Peace for many years in the early history of the county, and in an action for debt always rendered decision in favor of the plaintiff. He did so on the grounds, as he would say, ‘that if the defendant had never owed the plaintiff he certainly would not have sued him.’ That was his logic, which overruled good evidence to the contrary.”

Chapman also relates a colorful anecdote from the early years of the Tazewell County court system, regarding a clash between a new attorney, J. Farnham, and the county sheriff, William A. Tinney, who held the office of sheriff from 1834 to 1840. Chapman titles the tale, “’Squire Tinney as an Instructor.”

“No doubt [Farnham] was a promising young sprig of the law, or else we believe the Commissioners had refused to grant him a recommend. But he had some practical knowledge to gain, and this essential part of his education ’Squire Wm. A. Tinney undertook to supply. It is true he received but one lesson from the ’Squire, but let us hope that it was so effective, and made so strong an impression upon his mind, that he never needed another.

“It was in a suit for debt that Farnham received this lesson. ’Squire Tinney was at the time Sheriff of the county, and had levied upon a fine team and carriage belonging to the defendant in the suit. He proceeded to call a jury of disinterested persons to decide the matter. The defendant had secured the services of Farnham to defend his interests. The latter, being but just admitted to the bar, endeavored to show off his legal knowledge, and consequently was a great stickler to red tape. As might have been expected, he used the privilege of objecting to one of the jurymen. This, of course, delayed the case for several days, for it must be remembered a petit jury could not be gathered so quickly as at the present time. The Sheriff was put to considerable trouble in impaneling another jury, but finally the case was again opened when Farnham objected, as usual. Of course, this was mere pettifogging, and merely done to provoke and harass. A third jury was called, and Farnham began, ‘I object’ — but forbearance could endure no more, and Sheriff Tinney gathered up a chair and laid the legal gentlemen sprawling upon the floor. That trial was ended. Farnham soon thereafter sought the exhilarating atmosphere of Oregon, and was never heard of afterwards by any of the Tazewell County Bar.”

Pekin historian William H. Bates included this representation of the first Tazewell County Courthouse, located in Mackinaw, in the “Historical Souvenir” that Bates published for the dedication of the new courthouse in 1916. Sometimes Tazewell’s pioneers visited the old county courthouses in Mackinaw, Tremont, and Pekin in search of entertainment rather than justice.

#abraham-lincoln, #court-days, #gen-james-shields, #j-farnham, #mackinaw-courthouse, #nathan-dillon, #preblog-columns, #tremont-courthouse, #uncle-bill-tinney

When Pekin was only a town

By Jared Olar
Library assistant

For the first 19 years of its existence, from 1830 to 1849, Pekin was a pioneer town, with much of the character that is associated with the Wild West rather than a modern semi-rural Midwestern city. A Native American village even thrived near the new town until 1833, first located on the ridge above Pekin Lake and later on the south shores of Worley Lake.

However, as Pekin’s pioneer historian William H. Bates tells in the 1870-71 Pekin City Directory, it was in that first period of Pekin’s history that the crucial groundwork was laid for Pekin’s civic development.

Thus, Bates tells us that Pekin’s nascent economy got a boost in Pekin’s first year with the opening of two stores – one belonging to Absalom Dillon and the other to David Bailey – and a hotel or tavern operated by Pekin co-founder Gideon Hawley. Religion in the new town also made its debut in 1830, with the construction of Rev. Joseph Mitchell’s Methodist Church on Elizabeth Street between Third and Capitol.

The following year, Thomas Snell built the town’s first school house, located on Second Street between Elizabeth and St. Mary. Thomas’ son John was the school teacher. The same year, Thomas built Pekin’s first warehouse.

The most significant of 1831’s milestones for Pekin was the transfer of the county seat from Mackinaw to Pekin. When the Illinois General Assembly created Tazewell County in early 1827, Mackinaw was designated as the county seat because it was near what was then the geographical center of Tazewell County. But Pekin’s location as a port on the Illinois River meant Pekin was less remote than Mackinaw. That greater accessibility gave Pekin better prospects.

Another thing that may have played a role in the decision to move the county seat was a memorable extreme weather event: the incredible “Deep Snow” of Dec. 1830, a snowfall and sudden freeze that had turned life on the Illinois prairie into a desperate fight for survival. Pekin was closer to other, larger towns and settlements than Mackinaw, and therefore safer for settlers.

With such considerations in mind, the county’s officials decided to relocate to Pekin even though Illinois law still said Mackinaw was the county seat.

Pekin remained the de facto county seat for the next five years. During that time, Illinois Supreme Court Justice Samuel D. Lockwood presided over the Circuit Court in Tazewell County. Court at first took place in the Snell school house, but later would convene in the Pekin home of Joshua C. Morgan, who simultaneously held the offices of Circuit Clerk, County Clerk, Recorder of Deeds, Master in Chancery, and Postmaster. That house was later the residence of Pekin pioneer doctor William S. Maus.

The Black Hawk War, Illinois’ last conflict with its Native American population, broke out in 1832. The war lasted only a few months. It began disastrously for the Illinois militia with the debacle at Stillman’s Run in northern Illinois, where the untrained and undisciplined militia recruits quickly succumbed to panic and fled, leaving behind the few brave men in their number to be butchered and scalped. As Bates sardonically put it, “The balance of the command, so history hath it, saved their scalps by doing some exceedingly rapid marching to Dixon on the Rock River.” Among the fallen was Pekin co-founder Major Isaac Perkins.

The town of Pekin itself was not directly affected by the fighting, although the townsfolk did build a stockade around the Snell school house as a precaution, renaming it Fort Doolittle. The fort never had to be used, however, which was a very good thing, because, as Bates commented, it “was so constructed, that in case of a siege, the occupants would have been entirely destitute of water.”

Despite the war’s inauspicious start, the Illinois troops quickly gained the upper hand and Sauk war leader Black Hawk (Makataimeshekiakiak) was forced to give up the struggle. The outcome of the war was the greatest calamity for the remaining Indian tribes of Illinois, who beginning in 1833 were almost to a man forcibly relocated to reservations west of the Mississippi – including the Pottawatomi and Kickapoo bands who lived in Tazewell County. Tazewell County’s Pottawatomi were soon joined by the harried remnants of their kin from Indiana, whom state militia soldiers forced to march west from their homes in Indiana in 1838 along a route that is remembered as the Pottawatomi Trail of Death.

In July 1834, an epidemic of Asiatic cholera struck Pekin, causing the deaths of several pioneers, including Thomas Snell and the wife of Joshua C. Morgan. The victims were hastily interred in the old Tharp Burying Ground, the former site of which is now the parking lot of the Pekin Schnucks grocery store.

Given the challenges and upheavals of the first five years of Pekin’s existence, it should not be surprisingly to learn that there are no surviving records of the town’s elections prior to 1835. On July 9, 1835, the townsfolk elected five men as Trustees: David Mark, David Bailey, Samuel Wilson, Joshua C. Morgan, and Samuel Pillsbury. Two days later, Pekin’s newly elected Board of Trustees organized itself, choosing Morgan as its president and Benjamin Kellogg Jr. as clerk.

One of the first acts of the new board was passing an ordinance on Aug. 1, 1835, specifying the town’s limits. At the time, Pekin’s boundaries extended from the west bank of the Illinois River in Peoria County eastward along a line that is today represented by Dirksen Court, reaching out as far as 11th Street, then straight south along to 11th to Broadway, then westward along Broadway back across the Illinois River to Peoria County. It is noteworthy that land in Peoria County has been included within the limits of Pekin ever since 1835.

This detail from an 1864 map of Pekin has been cropped to match the town limits of Pekin as they stood in 1835 — extending from the west bank of the Illinois River eastward to what is today 11th Street, and from Broadway north to what is today Dirksen Court. Many of the 1864 streets did not yet exist in 1835, of course.

Pekin’s first Board of Trustees continued to meet until June 27, 1836, when the county seat was formally relocated by Illinois law to Tremont, where a new court house had been built. Pekin then elected a new board on Aug. 8, 1836, the members of which were Samuel Pillsbury, Spencer Field, Jacob Eamon, John King, and David Mark. King was elected board president and Kellogg was again elected clerk.

Board members served one-year terms in those days, so Pekin held elections every year. Getting enough board members together for a quorum was evidently a real challenge. The board addressed that problem by passing of an ordinance on Jan. 4, 1838, stipulating that any board member who was more than 30 minutes late for a board meeting would forfeit $1 of his pay.

Another notable act of Pekin’s board around that time was a resolution of Dec. 29, 1840, adopting “an eagle of a quarter of a dollar of the new coinage” as the official seal of the town of Pekin.

On Dec. 29, 1840, the Pekin Board of Trustees officially adopted an American eagle like the one shown on this mid-19th century quarter as the seal of the Town of Pekin.

Throughout these years, Pekin continued to see economic developments. The first bank in town, a branch of the Bank of Illinois, was established in 1839 or 1840 at the rear of a store on Second Street. There was not yet a bridge across the Illinois River, but ferries were licensed to operate. Alcohol distilleries also were established in the area that is still Pekin’s industrial district, and around those years Benjamin Kellog also built the first steam mill near the river between Margaret and Anna Eliza streets.

In spite of a scarlet fever epidemic in winter of 1843-44, these economic developments were signs of Pekin’s continuing growth and progress, notwithstanding the loss of the county seat to Tremont. The pioneer town was poised to attain the status and rank of a city.

#benjamin-kellogg-jr, #black-hawk, #black-hawk-war, #david-bailey, #david-mark, #deep-snow, #dr-william-s-maus, #fort-doolittle, #gideon-hawley, #illinois-bicentennial, #isaac-perkins, #joshua-c-morgan, #pekin-history, #pekins-first-town-seal, #pottawatomi, #pottawatomi-in-pekin, #pottawatomi-trail-of-death, #rev-joseph-mitchell, #stillmans-run, #tharp-burial-ground, #thomas-snell, #tremont, #tremont-courthouse

Early Tazewell County crime and punishment

Here’s a chance to read again one of our old Local History Room columns, first published in March 2012 before the launch of this blog . . .

Early Tazewell County crime and punishment

By Jared Olar
Library assistant

In his 1879 Tazewell County history, Charles C. Chapman observed – perhaps with his tongue implanted in his cheek – that, “as immaculate and good as the pioneer fathers undoubtedly were, even among them there were wicked and vicious characters.”

Crime called for punishment and incarceration of evildoers, so on June 28, 1828, the county contracted for the building of a jail at Mackinaw (then the county seat), at a cost of $325.75, which was three times what the county had paid for its Mackinaw courthouse. “It was,” Chapman says, “a two-story structure, 16 feet square, made of solid hewn timber, and was one of the strongest and most costly jail building erected by the pioneers throughout Central Illinois. Nevertheless, the very first prisoner incarcerated within its heavy walls took flight the same night. This individual, whose name was William Cowhart, is also noted for being the first horse-thief in Tazewell county.”

After the return of the county seat to Pekin in 1848-49, new county buildings were constructed. The new Tazewell County Jail, “calculated to hold from fifteen to twenty prisoners, was built by the Board of Supervisors of Tazewell County, in 1852, at a cost of $7,000,” says the 1870 Pekin City Directory.

Besides the county jail, the Pekin city police had their own lockup, quaintly known as “the calaboose.” The 1870 City Directory informs us, “The first calaboose was contracted for in November, 1849, John S. Boone being the contractor, and the cost of the building limited to forty-eight dollars. This building remained the city lockup until the summer of 1868, although it was long considered, especially by evil-doers, a noisesome, pestilential nuisance. In the latter years it was destroyed by fire, the incendiary work of some transgressors confined within its walls.”

Not every malefactor ended up in the city calaboose or county jail, of course. The usual penalty would be a fine. Chapman says it was in 1829 that the county received its first fine for a violation of the peace. That was a case in which Isaac Storms had assaulted James Brown. Chapman comments, “For many years the only cases before the justices of the peace were for assault and battery,” showing the “Wild West” character of Pekin and Tazewell County in those days.

Then as now, more serious crimes would lead to imprisonment, and murderers often would find their terms of imprisonment ended at the hangman’s gallows in Pekin’s courthouse square. The first murder indictment in Tazewell County, according to Ben C. Allensworth’s Tazewell County history, was handed down against John Wood, who was sent to prison for four years for killing his own child “by throwing it up against the ceiling.”

The first public execution in Pekin was March 1, 1861. On Oct. 12, 1860, John Ott decided to burglarize George W. Orendorff’s home about four miles southeast of Delavan. George was away on business that day, but finding the mother and her two daughters, Emma, 9, and Ada, 7, at home, Ott cold-heartedly murdered them with an axe. On the day of Ott’s hanging, a carnival atmosphere had formed as about 10,000 people crowded downtown to watch his execution, and three companies of soldiers were brought from Peoria to prevent a lynching.

The 1974 Pekin Sesquicentennial says, “Ott, reports indicate, remained calm throughout the entire affair, and just before falling through the trap of the scaffold declared that he alone was guilty of the crime for which he was about to die (a man named Green” – that is, Ott’s cousin Enoch Green – “had been arrested also), that his doom was just, and that he hoped to be forgiven in Heaven, where he hoped to meet those who were there to witness his death. He muttered a prayer as the trap fell; his neck was broken by the fall; but he hung for 19 minutes before being cut down and placed in a coffin.”

Not all hangings resulted from due process of law, however. Perhaps better known than Ott’s execution is the 1869 lynching of William Berry, leader of the Berry Gang, as related in local historian Jim Conover’s book, “Lynch Law.”

The last legal hanging in Pekin was March 14, 1896. Albert Wallace of Delavan was put to death for murdering his sister and severely wounding his sister’s husband. Showing no remorse, Wallace reportedly said just before his hanging that someday “these people will be sorry for what they are doing.” It is not recorded whether they ever regretted his execution, however.

William H. Bates reproduced this photograph of the old Tazewell County Courthouse in Tremont for the 1916 "Historical Souvenir" that he published for the dedication of the new courthouse. For a time criminal and civil cases in Tazewell County were heard in this building, which was built in 1839.

William H. Bates reproduced this photograph of the old Tazewell County Courthouse in Tremont for the 1916 “Historical Souvenir” that he published for the dedication of the new courthouse. For a time criminal and civil cases in Tazewell County were heard in this building, which was built in 1839.

#albert-wallace, #calaboose, #isaac-storms, #james-brown, #john-ott, #john-wood, #lynch-law, #mackinaw-courthouse, #pekin-history, #preblog-columns, #tazewell-county-history, #tazewell-county-jails, #tremont-courthouse, #william-berry, #william-cowhart

A succession of county courthouses

By Jared Olar
Library assistant

The Tazewell County Courthouse in downtown Pekin celebrated its 100th birthday just last month. Serving the county for as long as it has, the courthouse is neither the first such structure in Tazewell County history nor the first courthouse to be built at that location.
As told in Charles C. Chapman’s 1879 “History of Tazewell County,” the first Tazewell County Courthouse was located in Mackinaw, which was originally the county seat, being located in the county’s center. The first courthouse, a log house 24 feet long and 18 feet wide, was built at a cost of $125 in the summer of 1827 on lot 1 of block 11. Improvements were made to the simple structure in 1830, but in the summer of 1831 the court relocated to the old Doolittle School at the corner of Elizabeth and Second streets in Pekin.

Pekin historian William H. Bates drew this representation of the first Tazewell County Courthouse, located in Mackinaw, for the "Historical Souvenir" that Bates published for the dedication of the new courthouse in 1916.

Pekin historian William H. Bates drew this representation of the first Tazewell County Courthouse, located in Mackinaw, for the “Historical Souvenir” that Bates published for the dedication of the new courthouse in 1916.

The court was relocated to Pekin because in Dec. 1830 the Illinois General Assembly had created McLean County out of the eastern portion of Tazewell County, which originally was much larger than it is today. With the redrawing of the border, Mackinaw was now toward the eastern edge of the county, and many county officials thought the new town of Pekin would make a better county seat than Mackinaw.
For the next few years, Pekin would function as the de facto county seat even though it had not been established as such by law. But in 1835 the state legislature appointed a commission to permanently fix Tazewell County’s seat, and the commission opted for Tremont rather than Pekin, because Tremont was close to the center of the county. The court moved to Tremont on June 6, 1836, and a temporary courthouse was promptly erected there at the cost of $1,150. Then in 1837 construction began on a permanent brick courthouse in Tremont for $14,450. That structure was completed in 1839 – the same year that the residents of Pekin formally began efforts to have the county seat transferred back to their town.

William H. Bates reproduced this photograph of the old Tazewell County Courthouse in Tremont for the 1916 "Historical Souvenir" that he published for the dedication of the new courthouse.

William H. Bates reproduced this photograph of the old Tazewell County Courthouse in Tremont for the 1916 “Historical Souvenir” that he published for the dedication of the new courthouse.

The contentious rivalry between Pekin and Tremont continued throughout the 1840s, and Chapman relates that, in their efforts to retain the county seat and to slow or halt Pekin’s growing prosperity, Tremont is said to have lobbied the General Assembly several times to have portions of Tazewell County sliced off and assigned to neighboring counties. After the election of May 1843, Chapman writes, “a stop [was] made to this dividing up and cutting off of Tazewell’s territory. Had they continued it much longer there would have been nothing left of the county but Pekin and Tremont. Then, we doubt not, a division would have been made and both towns have at least gained a county-seat.”
Further on, Chapman comments, “During these twenty years of local war, of course bitterness of feeling was intense, and great injury was done to all parts of the county. Many of the older citizens attribute very largely the prosperity and commercial advantages by Peoria over Pekin to the bitter feuds engendered during this long and eventful strife.”
The conflict ended in 1849, when the citizens of Tazewell County voted to move the county seat to Pekin, where it has remained ever since. A new courthouse was then built in Pekin in 1850, at the site of the present courthouse. “The question [of the county seat’s location] having been finally and definitely decided the courthouse was immediately erected by the citizens of Pekin, in fulfillment of their promise. The last meeting of the Board of Supervisors . . . that was held at Tremont was Aug. 26, 1850, when it moved in a body to their new and more commodious quarters, and on the same day dedicated the edifice by holding therein their first meeting in Pekin,” Chapman writes.
The old Tremont courthouse remained in use as a high school for several years, later being used as a community center and dance hall, until at last the ground level was used as tenements before the dilapidated structure was razed around 1895. The old county histories note that Abraham Lincoln practiced law in both the Tremont courthouse and the 1850 courthouse in Pekin.
“Pekin: A Pictorial History” notes that for the construction of the Pekin courthouse, “Gideon Rupert (his residence is the current homesite of the Noel-Henderson Funeral Home) contributed $600 and with others’ generosity, raised the needed funds for the building. The cost was $8,000. Local products of sandstone, quarried five miles northeast of Pekin, and bricks, fired at the Jansen and Zoeller Brickyard on the East Bluff, were used.” The building also had white marble columns.

The layout of the Tazewell County Courthouse Block in November 1903 is shown in this detail from a Sanborn fire insurance map of downtown Pekin. In addition to the courthouse, the block also encompassed a band stand, the county jail and Sheriff's dwelling, and the county offices building. The courthouse, band stand, and offices building were demolished in 1914 to make way for a larger, even more grand courthouse.

The layout of the Tazewell County Courthouse Block in November 1903 is shown in this detail from a Sanborn fire insurance map of downtown Pekin. In addition to the courthouse, the block also encompassed a band stand, the county jail and Sheriff’s dwelling, and the county offices building. The courthouse, band stand, and offices building were demolished in 1914 to make way for a larger, even more grand courthouse.

Also helping to defray construction costs were prominent local landowners David and Elijah Mark, who each gave $500. The heirs of the Mark estate would eventually donate the land that would become James Field in Pekin.
The 1974 Pekin Sesquicentennial records the tradition that, “Older Pekinites claim that the columns of the old County Court House were painted black up to the height of the first floor doors because the white marble was marred by the hand and fingerprints of the loungers who leaned against them.”
The 1850 courthouse remained in use until 1914, when it was razed to make way for a new and larger edifice – the current structure, which was built over the next two years at a cost of $212,964.
“Wide marble steps and Italian-imported white marble banisters graced the ‘architecturally noteworthy’ interior of the courthouse dedicated on June 21, 1916,” according to “Pekin: A Pictorial History.”
“Thousands attended the dedication services with Illinois congressman and candidate for governor, W.E. Williams, as the featured speaker. According to the Pekin Daily Times, Congressman Williams, ‘spoke for an hour and fifteen minutes . . . .’”

This vintage photograph shows the laying of the new Tazewell County Courthouse's cornerstone in 1914. Standing next to scaffolding in the foreground is William H. Bates displaying the time capsule to the crowd before it was sealed in the cornerstone.

his vintage photograph shows the laying of the new Tazewell County Courthouse’s cornerstone in 1914. Standing next to scaffolding in the foreground is William H. Bates displaying the time capsule to the crowd before it was sealed in the cornerstone.

Shown is a key to the old 1850 Tazewell County Courthouse that was preserved in the 1902 Pekin Library Cornerstone time capsule. Another key to the old courthouse was included in the 1914 courthouse cornerstone time capsule.

Shown is a key to the old 1850 Tazewell County Courthouse that was preserved in the 1902 Pekin Library Cornerstone time capsule. Another key to the old courthouse was included in the 1914 courthouse cornerstone time capsule.

Though the old 1850 courthouse is long gone, some of the marble was claimed by Pekin’s pioneer photographer Henry Hobart Cole for use in the home he built in Tuscarora Heights in Peoria County.
Other surviving mementos of the 1850 structure are two courthouse keys. One was placed in a cornerstone time capsule at the construction the old Pekin Public Library in 1902. That time capsule was opened when the old library was razed in 1972, and that courthouse key and the other contents of the cornerstone, which were found to be in a very good state of preservation, are kept in the library’s historical archives. Another courthouse key was found in the recently opened 1916 courthouse time capsule.

The layout of the Tazewell County Courthouse Block in September 1925 is shown in this detail of a Sanborn fire insurance map of downtown Pekin. The courthouse's cornerstone was laid in 1914.

The layout of the Tazewell County Courthouse Block in September 1925 is shown in this detail of a Sanborn fire insurance map of downtown Pekin. The courthouse’s cornerstone was laid in 1914.

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