Chapter VI.
(O. J. Page)
Page 42-47
TERRITORY - After the Revolution the colonies ceded their western territory to the Federal Government, which in 1787 was organized as the "Northwest Territory." From this successive states were carved, until Feb. 3, 1809, Congress organized the "Illinois Territory" and fixed the capital at Kaskaskia. Vandalia became the capital in 1820, and Springfield in 1837. Randolph and St. Clair counties constituted the territory. The government was of the first grade until 1812, the territorial governor, John Boyle, succeeded by Ninian Edwards, was appointed by the President and in connection with the judges, constituted the "Legislative Council." The governor appointed all the officers; in 1812 the second grade was established and the people elected a legislative council of five members and a house of representatives of seven members, also a delegate to Congress.
In 1809 there were but two counties, St. Clair and Randolph. The first territorial legislature increased the number to five by the addition of Madison, Gallatin and Johnson, in (1812); and Jackson, (1816); the four latter constituting Southern Illinois.
CONGRESSIONAL HISTORY - Shadrach Bond, Benjamin Stephenson, and Nathaniel Pope succeeded each other as territorial delegates to congress, (1809-1818). When Illinois was admitted it constituted one Congressional district, from 1818-1833. This period was covered by the sixteenth to twenty-second congresses, inclusive. Daniel P. Cook of Kaskaskia, a Democrat, represented the State in the XVI, XVII, XVIII, AND XIXth Congresses from 1818 to 1827, when Joseph Duncan, Democrat, of Jackson, and Morgan counties, succeeded him and served during the XX, XXIst and XXIInd Congresses, 1872-1883.
February 13, 1831, the state was divided into three districts and an election ordered on the first Monday in August, 1832. Gallatin, Pope, Johnson, Alexander, Union, Jackson, Franklin, Perry, Randolph, Monroe, St. Clair, Washington, Clinton, Bond, Madison and Macoupin counties formed the First district. Massac was not yet formed. Charles Slade, Democrat, Belleville, was elected, soon died and was succeeded by John Reynolds, Democrat, Belleville, who continued through the XXIIIrd and XXIVth Congresses, 1833-1837. Amos W. Snyder, Democrat, Belleville, was chosen during the XXVth Congress, (1837-'39), and Reynolds then succeeded him through the XXVIth and XXVIIth congresses, 1839-'43.
March 1, 1843, the state was redistricted, and Massac having been formed, Feb. 8, 1843, was included in this apportionment. Along with thirteen other counties of Southeastern Illinois it constituted the second congressional district, there being seven in all. John A. McClernand, democrat, Shawneetown, represented this district from 1843-'53.
August 22, 1853, the state was divided into nine districts, Massac with seventeen other counties in Southern Illinois, constituted the ninth. Willis Allen, Democrat, Marion, served from 1853 to 1855; Samuel S. Marshal, Democrat, McLeansboro, 1855-'59; and John A. Logan, Democrat, Benton, 1859-'62; April 4th, 1862, Logan resigned, entered the federal army and was succeeded by W. J. Allen, Democrat, Marion.
April 24, 1861, thirteen districts were constituted, and Massac, with fourteen other Southern Illinois counties, constituted the thirteenth district. An error was made because the state was entitled to fourteen Congressmen, hence the first case of a Congressman-at-large, or elected by the vote of the whole State. William J. Allen was re-elected in 1863, and served till 1865, during the XXXVIIth Congress. He was succeeded by A. J. Kuykendall, Republican, Johnson county 1865-'67; Green B. Raum, Republican, Metropolis, 1867-'69; John M. Crebs, Democrat, Carmi, 1869-'73; and John A. Logan had been returned as a Congressman at-large as a republican, 1867-'71, when he resigned and took his seat in the Senate.
July 1, 1872, there were constituted nineteen districts in the state, Massac county with nine other contiguous counties forming the eighteenth district. Isaac Clements, Republican, Carbondale, served from 1873-'75; William Hartzell, Democrat, Chester, served 1875-'81; when John R. Thomas, Republican, succeeded him from Metropolis and served five terms successively, 1881-'91.
April 29, 1882, the state was divided into twenty Congressional districts and Massac, with nine others, constituted the twentieth. John R. Thomas served three terms under his apportionment and was succeeded in 1889 by George W. Smith, Republican, Murphysboro.
June 9th, 1893, the number of districts was increased to twenty two and Massac placed in the twenty second. This is the last apportionment, but will be changed, 1901, by the legislature and the number increased under the census of 1900. George W. Smith, Republican, Murphysboro, has represented the district for six successive terms, 1889-1900. He is his party's nominee for the seventh term, subject to the election in November. L.O. Whitnet, Democrat, Vienna, is his opponent. It will be seen that every Congressman until 1865, was Democratic, when the Republicans elected A. J. Kuykendall. Successes alternated until the first election of John R. Thomas, Republican, over William Hartzell, 1879, since which time the Republicans have remained in power.
JUDICIAL HISTORY - The constitution of 1818 established a supreme court of one chief and three associate justices. Inferior courts were subjects of legislation.
By an act of the Legislature, January 7, 1835, all laws requiring justices of the Supreme Court to hold court in the various counties were repealed. By act of Jan. 8, 1829, the General Assembly had been directed to elect one circuit judge to be assigned to a circuit north of the Illinois river. In addition to this the act of 1835 created five more circuit judges to hold court in the counties to which they might be assigned. This number was increased from year to year until by an act of Feb. 10, 1841, the whole judicial organization of circuit judges was wiped out of existence and the General Assembly by joint ballot directed to choose five additional associate justices of the supreme court, who were to preside in connection with the three associates and chief justice then in office. Nine judges performed circuit duty in the nine circuits reorganized by the same act and continued to do so until the changes wrought by the constitution of 1848.
The constitution of 1848 established a supreme court of three judges-one elected from each of three divisions of the state for nine years. Nine judicial circuits were also established, subject to change in number by legislation. Each judge served six years, and required two terms at least of circuit court annually to be held in each county.
The constitution of 1870, created a Supreme Court of seven judges, elected by the people and to serve nine years. The state was divided into seven supreme divisions. Appellate Courts might also be created by legislation. The Legislature accordingly created four appellate courts in 1877. The Supreme Court assigns the duty of holding appellate court in each appellate division to three circuit judges-one to preside-for a term of three years. Circuit courts-"The People's Tribunal"-were also constituted by the constitution and have original jurisdiction of all causes in law and equity arising between man and man. They also have appellate jurisdiction over cases from the inferior courts. Perhaps 95 per cent of all causes never go beyond these courts. Each county shall have two terms, at least, annually. Circuit judges serve six years.
The legislature in 1873 divided the state into twenty-six judicial circuits, outside of Cook county, and ordered the election of one judge to each circuit. In 1877, the number of circuit judges was increased by creating thirteen circuits of three judges each, twenty of whom were assigned to appellate duty upon the organization of those courts. In 1897 a new apportionment of judicial districts was made, constituting seventeen districts, instead of thirteen. The salary of a circuit judge is $3,500 annually.
Early courts for people of this section were held in Benton, Jonesboro, Vienna, etc. When Massac county was organized in 1843 the first term of circuit judge convened on the third Monday of October, 1843. The judge, however, did not arrive until Tuesday, and the record says, "Present, the Hon. Walter B. Seates, associate justice of the Supreme Court of the State of Illinois, and presiding judge of the third judicial circuit of said state." Judge Scates continued to preside until the October term, 1847, when he was succeeded by the Hon. William A. Denning, associate judge of the Supreme Court. Judge Denning was relieved at the June term, 1854, by Hon. W. K. Parrish, a circuit judge, in and for the third judicial circuit. Hon. Wesley Sloan, commissioned judge in the nineteenth circuit, March 19, 1857, succeeded Judge Parrish at the April term, 1867, when Hon. John Olney succeeded him. Judge Olney presided until the May term, 1869. Hon. David J. Baker succeeded him. Judge Baker successively presided through the long period reaching to the November term, 1877, which was held by Judge John Dougherty. Judge Baker resumed this bench in the following April term, 1878. Judge Monroe C. Crawford held the November term, 1878, Judge Oliver A. Harker the April term, 1879, when Judge Baker again resumed the bench of Massac county, continuing until April term, 1881, during which year Judge O. A. Harker was the presiding judge. During the April term, 1885, Judge David J. Baker again presided. At the special August and regular November term, 1885, Judge Robert W. McCartney presided and continued until the November term, 1891, except the November term of 1888, when Judge George W. Young presided.
Hons. Joseph P. Robarts, Oliver A. Harker and A. K. Vickers were elected judges for this, the first circuit, June 1, 1891, and re-elected June 7, 1897. During this time they have each served upon the bench of Massac county. Judge Robarts is now assigned to this county.
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