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Jo Daviess County Court House
  By Daryl Watson
 

Virtually every property owner and resident of Jo Daviess County is familiar with the county court house.  That's where you pay property taxes, register to vote, take care of speeding tickets, serve on a jury, or complain to the county board.  Virtually no one, however, is familiar with the origin of our court house building and how it has changed over the years.

The current structure is one of the oldest in northern Illinois.  It was not begun, however, until twelve years after the establishment of the county.  Jo Daviess County, named after a prominent Kentuckian who never set foot in the county, was established in 1827.  With Galena as the county seat, Illinois's newest county encompassed most of the northwestern Illinois.  As population increased, at least five other counties were formed from Jo  Daviess.  Amazingly, the northern border was not clearly defined until 1830, such that many Wisconsin towns in the burgeoning lead district were thought to be included.  One of the first county commissioners, in fact, resided in Shullsburg, ten miles north of the actual border.

Because the United States Government owned the lead lands and would only lease parcels, there was no way that a permanent court house could be financed.  As a result, county business was transacted by renting space, the first sessions being held in a local tavern!  Interestingly, one of the first acts of the commissioners was to establish license fees for taverns--$9.00 for one year.  Not only that, they also passed an ordinance dictating the prices which taverns could charge for food and drink.

Revenues from which to run the county were few and far between.  Most came form either licenses or a small tax on personal property.  Little came from land sales because ownership was not yet permitted in the county's most settled parts, the lead region.

The Jo Daviess County Court House as it appeared 

prior to 1900.

 

In keeping with the tradition of more southerly states--to which early Illinois was closely allied--county government was administered by three commissioners.  There was no township form of government, and would not be, until the new Illinois constitution of 1848 permitted counties to choose by referendum.  Northern Illinois counties then adopted township government en masse, it being the favored form of government by the New Englanders who came to settle most of northern Illinois.  Jo Daviess, however, with its strong southern ties, gave up its commission form of government only after three separate referenda.

 

By 1833, the commissioners had moved court house proceedings to a larger space.  This was the warehouse of Charles Peck, a large wooden structure located where the DeSoto House Hotel now stands.  This also proved inadequate, and in 1838 the commissioners purchased one-half of the newly constructed John Dowling building for $16,000.  This stone structure still serves Main Street. (It is now Fried Green Tomatoes.)

 

The Dowling building, however, was intended to be temporary quarters--until the county could find a suitable lot and build their own structure, one befitting the largest and most powerful county in northern Illinois.  Thus, in September of 1836, they offered a premium of $100 for the best plan for a court house, the cost of which was expected to be $40,000.  The award went to Charles H. Rogers, who submitted a plan for a beautiful  Greek Revival structure with a portico supported by four large pillars.

 

Meanwhile, the tax payers--what few there were--were wondering where the money was going to come from.  As of 1836, lots in Galena could finally be owned rather than leased with money from the sale of those lots going to the county.  Despite this extra income, the county was heavily in debt, particularly with the purchase of the Dowling building.  Nevertheless, the three county commissioners pushed forward, even in the face of an economic downturn in 1837.

 

In December of 1838, they ordered "that John L. Slaymaker and Samuel Mazzuchelli be appointed Engineers to superintend and oversee the architectural work which will be required in the building of a new Court House for the County..."  The choice of Father Mazzuchelli was significant, for he was not only a Dominican missionary (on a Protestant frontier) but also a teacher, scientist, architect, and builder.  Largely through his efforts was the Catholic Church able to establish such an early and strong foothold in the Tri-State area.

 

But even the likes of Mazzuchelli failed to move construction forward in a timely manner.  The court house was not built under contract but rather with various individuals appointed to act as agents for the county, each to complete specific parts of the project.  A severe lack of funds compounded the problem.  Record keeping was lax.

 

It was ordered in April of 1838 that "John L. Slaymaker be paid $26.00 for making a coffin for a pauper and work of unknown nature done in basement of court house."

 

Richard Dunigan excavated 882 yards of material for the basement at 50 cents per yard, but could not be paid in full until the county had more funds.

 

In December of 1839, desperate commissioners ordered that "the Senator and Representatives of this district be requested to use their influence to have a Special Act passed by the legislators to authorize the County Commissioners of Jo Daviess County to Mortgage Real Estate belonging to the County for the purpose of raising money in order to finish and complete the Court House."  Jo Daviess legislators exercised their political clout and in less than two months, the Special Act had been enacted.

 

Incredulous voters watched as the commissioners immediately mortgaged both the old and new court house lots.  The result was $7,000 at 10% interest.  With more money and renewed confidence, work continued through the summers of 1840 and 1841.  Shortages of materials and poor management continued to plague the project, however.

 

In December of 1842, it was ordered "that the agreement of contract under which John L. Slaymaker has commenced completing the court house be made null and void." Slaymaker continued as a contractor on the project, but overall supervision appears to have been consolidated under two of the commissioners.

 

Work continued, but at a slow pace, either through lack of funds or mismanagement--or both.  In September of 1843, the commissioners "ordered that Abner Eads...take charge of the lumber, glass, and other matters and articles provided for the new Court House and see that the same be not suffered or destroyed or go to waste."

 

Bids for finishing the work "according to a plan on file" were advertised, with the low bidder being required to put up a security to  make sure the work was done "well and quickly."

 

Evidently the situation improved, for by the end of 1844 the new Jo Daviess Count Court House was nearing the habitable stage, five years after the start of construction.  In December of that year, authorization was given for payment of $151.53 for stoves and pipes.

 

Equally important, $135 (a princely sum in those days) was paid out for the building of a privy for the court house.  (From the minutes of the County Commissioners Court it was not possible to tell if the privy was handicapped accessible.)

 

The new court house was in full session by the spring of 1845, but work on finishing up the details would go on for another five years as the county struggled to get out of debt.  In the absence of good documentation, the total cost of the structure may never be known.  Estimates ranged from $40,000 to $60,000.  Meanwhile, the First Presbyterian Church, another prominent stone structure begun in 1838, was completed for $11,000.  Voters, though proud of their imposing new edifice, were outraged by the cost.  Their displeasure helped fuel the referenda that ultimately led to the ouster of the commissioner form of government in favor of the township form.

 

As the seat of government for Jo Daviess County, the court house has been the site of events local, regional, and, indeed, national significance.  Most noteworthy may have been the events leading up to the county's entry into the Civil War.  In April of 1861, Lincoln called for 75,000 troops to put down the southern secession.  Galena, unlike the rest of Jo Daviess County, still had economic and social ties to slave holding states.  It was uncertain how the county seat would respond to Lincoln's call for troops.

 

But on April 16, 1861, at a public meeting held in the court house, fire breathing orator, attorney, and prominent Democrat John Rawlins proclaimed "that the time for compromise had passed, and that we must appeal to the God of battles to vindicate our flag!"

 

His words were received with thunderous applause from all sides.  Pondering those words was none other than Ulysses S. Grant, who chaired a meeting to sign up volunteers two days later.  By the end of the war in 1865, Grant had led Union forces to victory over the Confederates.  His Chief of Staff was none other than John Rawlins.

 

The court house served its citizens faithfully for another 30 years, but concern began developing over the condition of the front portico with its four columns.  This, combined with the growth in county government and need for more space, led the supervisors to plan a new addition for the front of the building.  They chose a three story brick section with mansard roof and large cupola, typical of the period.  Unfortunately, the design obliterated the Greek Revival lines of the original building.  Many citizens were outraged.

 

Work commenced in July of 1900, but there were problems from the start.  A state inspector shortly ordered work suspended because the front wall of the old court house was in danger of collapse.  The wall had to be entirely rebuilt--using brick rather than stone.  To make matters worse, the architect chose brick from Dubuque rather than Galena.  The supply of Dubuque brick ran out, however, and several thousand were then purchased of Alderman Horney of Galena.  Reported the Galena Daily Gazette, "Galena brick is on top just the same."

 

In November, the County Building Committee inspected the work, only to find a problem with the new arch over the main entrance.  Keystones that did not fit were redone.  By the end of December the new addition, which rose 90 feet to the top of the tower, was ready for occupancy.

The Jo Daviess County Court House after renovations in 1900.

Today, the court house stands considerably lower.  The cupola deteriorated badly over the years and a severe storm during the 1930s toppled it to the ground.  It was never replaced.  Two other major alterations have taken place since.  A rear stone addition was added in 1970, and behind this a new Public Safety Building was completed in 1976.  Once again, taxpayers questioned the costs.

 

The court house complex continues to serve the county although lack of space is once again an issue.  Even so, no one can deny the history and heritage of the original structure.  1995 marked its 150th year of service to Jo Daviess County.

 

(Our thanks to the following for helping with research material used in this article: Illinois Historic Preservation Agency, Jo Daviess County Clerk's Office, Galena Public Library Historical Collections Room.  Photographs courtesy of the IHPA's Alfred W. Mueller Collection.)

 


 

 

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