USA > Illinois > Shelby County > Combined history of Shelby and Moultrie Counties, Illinois : with illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 14
USA > Illinois > Moultrie County > Combined history of Shelby and Moultrie Counties, Illinois : with illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 14
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In 1827 the legislature, in session at the capital, Vandalia, passed an act entitled " An act creating the county of Shelby," and ap- pointing commissioners to select a seat of justice, whose names ap- pear in the report which is appended.
" An Act creating Shelby County :"-
SEC. 1. Be it enacted by the people of the State of Illinois repre- sented in the General Assembly, That all that tract of country lying within the following boundaries, to wit : Beginning at the
54
HISTORY OF SHELBY AND MOULTRIE COUNTIES, ILLINOIS.
north-west corner of section nineteen, in township nine north, range one east, of the third principal meridian, thence north on the said meridian line, thirty miles to the north-west corner of section nineteen, in township fourteen north ; thence east thirty-six miles to the north-east corner of section twenty-four, township fourteen north, range six east; thence south thirty miles to the south-east corner of section thirteen ; thence west thirty-six miles to the place of beginning, shall constitute a new county, to be called Shelby .*
SEC. 2. For the purpose of fixing the permanent seat of justice of said county, the following persons are appointed commissioners, to wit : John Hopton, Easton Whiton, and William L. D. Ewing, who, or a majority of them, being first duly sworn before some jus- tice of the peace of this state, faithfully to take into view the eon- venience of the people, the situation of the settlement, with an eye to future population, and the eligibility of the place; shall meet at the house of Barnet Bone, in said county, on the first Monday of April next, and proceed to examine and determine on a place for the permanent seat of justice of said county, and designate the same : Provided, The proprietor or proprietors of said land shall give to the county for the purpose of erecting public buildings, a quantity of land, not less than twenty acres, to be laid out in a square form, and divided into lots of a convenient size, and sold for the purpose of erecting public buildings in said county ; but should the proprie- tor or proprietors refuse to make the donation as aforesaid, then, in that case, it shall be the duty of the said commissioners to fix on some other place for the seat of justice, as convenient as may be, to the place first selected : Provided, The proprietor or proprietors of the land, shall make a donation of twenty acres of land, to be laid out as above provided for : which place, when so fixed upon, shall be the county seat of said county.
The said commissioners shall certify their proceeding to the next county commisioners' court, to be held in and for said county ; which court shall cause a record thereof to be made in their books.
SEC. 3. Until public buildings shall be erected for the purpose, the courts shall be held at the house of Barnet Bone, in said county.
SEC. 4. An election shall be held at the house of the said Barnet Bone, on the second Monday of April next, for one sheriff, one coro- ner, and three county commissioners for said county, who shall hold their offices until the next general election, and until their succes- sors are qualified ; which said election shall be conducted in all respects agreeably to the provisions of the law regulating elections. Provided, That the qualified voters present, may elect from among their number present, three qualified voters, to act as judges of said election, who shall appoint two qualified voters to act as clerks.
SEC. 5. It shall be the duty of the clerk of the circuit court of said county, to give public notice at least ten days previous to the election, to be held on the second Monday in April next ; and in case there shall be no clerk in said county, it shall be the duty of the recorder, or any justice of the peace residing within the limits of said county, and commisioned a justice of the peace for the county
* A law was passed by the Legislature, and approved by the Governor, Feb. 26th, 1839, taking off from the west side of Shelby county, townships eleven, twelve, thirteen, and the south half of fourteen north, range one, east of the third P. M., and the same went to form a part of "Dane," now Christian county. (The said townships are better known to the reader as Pana, Assump- tion and Prairieton.) At the session of the Legislature in 1842-3, about five townships in the north-east part of the county, were taken to form a part of Moultrie county. The majority of the citizens of Shelby county willingly as- sented to the passage of the above Acts. The reader by referring to the outline map in this work, will be able to see the area of territory given to form part of Moultrie county.
of Fayette, to give notice of the time and place of holding said election.
SEC. 6. The citizens of the said county of Shelby are hereby enti- tled in all respects to the same rights and privileges, as are allowed in general, to the other counties of this state
SEC. 7. The commissioners appointed to locate the seat of justice of said county of Shelby, shall receive the sum of one dollar and fifty cents per day, for each day by them necessarily spent in discharging the duties imposed on them by.this act, to be allowed by the county commissioners' court, and to be paid out of the treasury of said county.
SEC. 8. All that tract of country lying north of the aforesaid county of, and within the present boundaries of the county of Fay- ette, shall be attached to the said county of Shelby until otherwise provided by law; and for members of the general assembly, said county of Shelby and the attached parts thereof, shall vote with Fayette, Bond, and Montgomery counties; and the clerks of the counties of Bond, Fayette, Montgomery, and Shelby, shall mcet at Vandalia, the county seat of Fayette, to compare the number of votes given for senator and representatives to the general assembly, and sign the necessary certificates of election at Vandalia, and for- ward the same to the person or persons entitled to such certificate of election.
SEC. 9. The county seat of Shelby county, when established, shall be called Shelbyville.
SEC. 10. The north half of township nine north, range one west, all of townships ten, eleven, and twelve, north, range one west of the third principal meridian, shall be attached to the county of Montgomery ; and the citizens within the tract of country above described, shall have the same rights and privileges as the citizens of the county now, or shall hereafter have ..
SEC. 11. The said county of Shelby shall be, and is hereby attached to the second judicial circuit.
This act to take effect from its passage.
Approved, January 23d, 1827.
NINIAN EDWARDS, Governor.
COUNTY OFFICERS.
The law establishing the county, it will be observed, provided for the election of a county commissioners' court, a sheriff and coroner. The election to be held at the house of Barnet Bone, on the second Monday of April, 1827; the vote resulted in the choice of John Whitley, Levi Casey and William Weger for commissioners ; Wil- liam Williamson was elected sheriff, and Isaac Martin coroner.
The first meeting of the county commissioners' court was held at the residence of Barnet Bone, and Joseph Oliver was appointed county clerk, in addition to which he performed the duties of county recorder and circuit clerk. William Williamson was appointed surveyor, and laid out the county seat.
Believing it will be of interest to our readers we append some of the early court papers and legal documents as appear on record.
RECORD OF THE MEETING OF THE FIRST BOARD OF COMMISSIONERS.
At a special term of the County Commissioners' Court, in the county of Shelby, began and held on Tuesday, the 24th day of April, in the year of our Lord one thousand eight hundred and twenty-seven :---
Present, JOHN WHITLEY, LEVI CASEY, County Commissioners. WILLIAM WEGER,
" The court having taken their seats without a clerk, it is ordered
55
HISTORY OF SHELBY AND MOULTRIE COUNTIES, ILLINOIS.
by the court, that Joseph Oliver be appointed clerk of this court. And the said Oliver, after his appointment, took the necessary oaths of office, and gave bond with Thomas Robertson, his security, in the penal sum of one thousand dollars, conditioned as the law directs, which is ordered to be filed."
The location made by the commissioners appointed to fix the county seat of Shelby county, was received by the court and ordered to be entered upon record. Which reads as follows :-
State of Illinois, 1 We, the undersigned commissioners, appointed Shelby county. ) under the authority of the Act ereating Shelby county, to locate the seat of justice for the same, being sworn as re- quired by said Act. did meet at Barnet Bone's at the time specified in said law, and from thence proceeded to examine the country, with a view to the selection of a proper and suitable site for said seat of justice, and having satisfied ourselves upon the subject, do unani- mously select and agree upon the E. & of S. E. t, of Section 7, Town 11 North, Range 4 East, as the tract upon which the town of Shelbyville shall be placed .- The public square .- A hickory stake which the said commissioners drove down on said tract, standing between three red oaks-one at the distance of five paces in a north- west direction, one five paces in a north-east direction, and the other four paces in a south-east direction.
Given under our hands this fifth day of April, 1827.
EASTON WHITON, W.M. LEE D. EWING, & Commissioners. JOIN HOPTON,
Whiton received six dollars for four days' services for loea- ting county seat.
The above tract of land has been entered in the land office at Vandalia, by Robt. K. Mclaughlin, James M. Duncan and James T. B. Stapp, who have severally agreed to make collectively the donation required by law. April 5, 1827.
WILLIAM LEE D. EWING.
State of Illinois, } Be it remembered, that on this day personally Shelby county. S came before William Hall, Senr., a Justice of the Peace, in and for said county, John Hopton, Easton Whiton and William Lee D. Ewing, commissioners under the law, creating Shelby county, to locate the seat of justice for the same, and took the necessary oath required by said law.
Given under my hand this 2d of April, 1827. WILLIAM HALL, SENR., J. P.
BOND FOR LOCATION OF SEAT OF JUSTICE.
The bond of Robt. K. McLaughlin, James M. Duncan and James T. B. Stapp, for the donation to locate the seat of justice for Shelby county, in the penal sum of two hundred dollars, was re- ceived by the court and ordered to be filed.
It is further ordered by the court that the clerk of the court re- ceive the bond and have the same recorded.
ASSESSMENT OF PROPERTY.
Ordered by the court, that a tax of one-half per cent. be levied on the following property for the county of Shelby, viz. : On slaves in- dentured and registered negroes, mulatto servants, pleasure carriages, ou distilleries stock in trade, on all horses, mules, asses and neat cattle, three years old nnd upwards, on watches with their appen- dages, and all other personal property except household furniture, etc.
Ordered, that Asa Ledbetter, Esq., be appointed treasurer in and for the county of Shelby, and that he be required to give bond to the people, in the penal sum of two thousand dollars ; the bond was
presented to the court with Shelton Allphin and Richard Thomason his securities, which was received by the court and ordered to be filed.
ROAD DISTRICTS.
Ordered, that Shelby county be laid off' in the following road districts, viz :-
Firat District commeneing on the southern boundary of Shelby county, and running north to the middle of the prairie north on the road from the residence of James Hooper, shall compose the first road district, and all the lawful men living in what is called the Wakefield settlement, including those serving on the west side of the Kaskaskia River shall work the road in said district, and that Thomas Pugh, Esq., be appointed supervisor thereof.
Second District beginning at the middle of the prairie north of James Hooper's residence, and running north through the town of Shelbyville, to Drew's mill on the Kaskaskia River, shall compose the second road district, and that Wm. Parker shall be appointed supervisor, all the hands south of a line running by James Abbot's, by Drew's mill, to Samuel Hill's, including the settlement of Robertson Creek, shall work in the second road district, and the said supervisors are empowered to call on all able-bodied men of lawful age to work.
Wednesday, April 25, 1827. Court met pursuant to adjourn- ment.
JOHN WHITLEY, W.M. E. WEGER, LEVI CASEY,
Commissionera.
" Ordered by the court that William Williamson be appointed to survey and lay out the seat of justice for the county of Shelby, and that the same be laid off' according to the plan of the town of Vandalia, and the stakes shall be three inches square, two feet and a half long, one-half well drove in the ground; the said Williamson is required to make a return of the same, at the next term of this court, with a good plat with the name of the streets, bloeks, number of the lots, etc.
W. Williamson was subsequently paid thirty dollars for his ser- vices for surveying the town of Shelbyville.
William Williamson was also appointed constable and sheriff.
Ordered that John Whitley, Levi Casey and William Weger, county commissioners, respectfully be allowed the sum of one dollar and fifty cent; for each day's service at the present term ot this court.
THIRD MEETING OF COMMISSIONERS' COURT.
At n term of the county commissioners' court of Shelby county, began and held at the house of Barnet Bone, on Monday, the fourth day of June, in the year of our Lord one thousand eight hundred and twenty-seven.
Present, JOHN WHITLEY, ) LEVI CASEY, W.M. E. WEGER.
Commissioners.
Ordered, that the following persons serve as grand jurors at the next term of the circuit court of Shelby county, to be held in said county, on the third Monday in the month of September next, viz. :
THE FIRST VENIRE OF GRAND JURORS.
James Renshaw, Jacob Elliott, Isaac Banghoe, Joseph Robertson, Thomas Lamb, John Richardson, Mille Whitley, Thomas Pugh. David Beek, Chas. Wakefield, Jonathan Howard, Thomas Robert- son, John Lee, Senr., Davil Hinton, William Hall, Senr., William Miller, Shelton Allphin, Robert Kerlyle, Lewis Ledbetter, John Weger, Francis Jorlan, James Jordan, Levi Jordan.
56
HISTORY OF SHELBY AND MOULTRIE COUNTIES, ILLINOIS.
THE FIRST PETIT JURORS.
Jonathan C. Cawley, William Scribner, Rollo Calvert, L. S. Mosley, Jolın Harris, Reuben Milton, Daniel Hoffman, Abraham Tetricks, Rufus Immond, Richard Thomason, William Thomason, Robert David, Barnet Bone, Samuel Little, William Little, Senr., Sharp Whitley, William Bone, Charles Miller, Senr., John Walker, Lloyd Lee, Henry Smith, Nathaniel Hambleton, Daniel Price, Robert Duncan.
ELECTION DISTRICTS.
At a special term of the county commissioners' court of Shelby county, began and held at the house of Barnet Bone, on Saturday, the sixteenth day of June, 1827.
Present, the HON. LEVI CASEY, and WM. WEGER.
County Commissioners.
Ordered, that Shelby county be laid off in two election districts, to wit, first election district to commence on the southern boundary of said county, running north as far as Township thirteen nortlı, shall compose the first election district, to be called Shelbyville district, and that William Hall, Senr., Levi Fleming and Thomas Pugh, be appointed judges of the election, and that the elections be held at the house of Barnet Bone.
2d election district beginning on the northern boundary of Town- ship number thirteen north, and running north as far as the county of Shelby extends, and that Philip D. Williams, James Ward and Elisha Freeman be appointed judges of the election therein, and that the election be held at the house of Leonard Stephens, in said district.
ESTRAY PEN.
In 1827, by order of the commissioners' court, an estray pen was constructed on the west half of lot number eight, in block number two; it was eighty feet long by seventy-six feet wide, made of mul- berry posts and oak rails. John Abbott received nineteen dollars for making the same. It was removed the following year to lot five on block number three, and reduced to half its size, the unuscd por- tion of posts and rails being given to Thos. Lee, as compensation for the trouble of removal.
DEC. 3, 1827. FIRST LICENSE GRANTED TO KEEP A GROCERY.
On application of Elias Miller of Shelby county, to keep a grocery, commonly called a tippling shop, in said county, near Shelbyville, at the dwelling-house of said Miller, it is granted him, on the said Elias Miller entering into bond in the penal suni of two hundred dollars with John Thomason his security, and the said Miller pay- ing into the county treasury the sum of five dollars. Therefore ordered, that the following tavern rates be established in the county of Shelby, viz. :
For keeping horse twenty-four hours 37₺ cents.
66
For dinner
25
breakfast or supper
25
lodging one night .
64
66
half-pint of brandy 25
half-pint of rum, gin and cordial 25
66 half-pint of whisky
123
horse feed
123
FIRST FERRY-BOAT
Across the Kaskaskia River in Shelby county, was established by the commissioners' court, Dec., 1827.
On motion of Elias Miller to keep a ferry on the Kaskaskia
River east of Shelbyville, it is granted him, on the said Elias Miller entering into bond in the penal sum of two hundred dollars, with Shelton Allphin his security, and that the said Elias Miller paying in the county treasury the sum of two dollars for the first year's tax, and the following rates to be established, viz. :
For wagon and four horses 50 cents.
two horse wagon 374
¥ cart and oxen . 37%
man and horse 123
footman 6}
61 wagon or cart and one horse 25
single horse . 61
hogs and cattle, per head . 3
ROADS.
The value of good roads to a nation and country can hardly be overestimated. They are evidences of a high civilization. Savages make no roads, and build no bridges, and it is only at the bidding of civilized man that the beautiful arch springs across the stream. A great people are road builders ; and Rome retained sway over her conquered and remote provinces by means of the magnifi- cent highways that radiated from her gates.
When the first settlers came, it is unnecessary to say that no roads existed. The wily Indian pursued his journey along the trail that had first been markcd over the waste by the footsteps of the buffalo. Since that distant day much has been done to provide roads along which products travel to the place of shipment ; but the condition of our roads even now is far from being satisfactory. Business languishes a portion of the year, owing to the execrable state of the roads. Let the roads be improved, and our farm interests-tlie really important ones of a nation or a community- will grow apace. Our soil is so deep, and the surface so generally level, and the consequent difficulty of making good roads so great, that the people seem to think they are not possible unless macadam- ized But this is not true. What is wanted is an improved systein of road supervision and drainage.
The following extract from the records shows that the import- ance of good roads was appreciated by the early settlers. At a special meeting of. the commissioners' court, held at the house of Barnet Bone, sundry voters petitioned that a road should be laid out from Shelbyville to Springfield ; also, from Shelbyville to Terre Haute. It was, therefore,
Ordered, "On the petition of Wm. Hall and others, to view a road leading from Shelbyville to Springfield, as far as the county line extends that way ; also, from Shelbyville to Terre Haute, on the Big Wabash, they having deposite i money in the clerk's hands to defray the expenses of the reviewing.
It is ordered by the court that the same be granted them, and that Shelton Allphin, Robert Daniel and Jacob Elliott, be appointed reviewers, and that they make return of their doings to the next court."
THE EARLIEST DATED DEED,
After the county was organized, is probably one executed by Va- lentine Brazell, and Nancy, his wife. We subjoin a copy of the deed :-
"To all to whom these presents shall come, Greeting: Know ye. That I, Valentine Brazell and Nancy Brazell, his wife, of the County of Shelby and State of Illinois, for and in consideration of the sum of three hundred dollars to me, in hand paid by Jesse B. Cumbs, of the County and State aforesaid, the receipt whereof we do hereby acknowledge, and ourselves hereof fully satisfied and con-
one night 25
HOUSE.
OLO COURT
JAIL
COURT HOUSE. PUBLIC BUILDINGS, SHELBY COUNTY, ILL.
57
HISTORY OF SHELBY AND MOULTRIE COUNTIES, ILLINOIS.
tented and thereof and of every part and parcel thereof, do exone- rate, acquit, and discharge him, the said Jesse B. Combs, his heirs, executors, and administrators and assigns forever, by these presents having given, granted, bargained, sold, aliened, conveyed and con- firmed, and by these presents do freely, fully and absolutely give, grant, bargain, and sell, alien, convey, and confirm unto the said Jesse B. Combs, his heirs and assigns forever, the east half of the south-west one-fourth sectiou number twenty-five, township number eleven, north of range number three east, containing eighty acres of the lands in the Vandalia District, State of Illinois. To have and to hold the said granted and bargained premises with all the appurtenances, privileges, and commodities, to the same belonging, or in any wise appertaining to him, the said Jesse B. Combs, his heirs, executors, administrators, or assigns, forever, to his own proper use, benefit, and behoof forever, and I, the said Valentine Brazell, and Naney, his wife, for ourselves, our heirs, executors and administrators or assigns, do covenant, promise and grant, to and with the said Jesse B. Combs, his heirs and assigns, that before the ensealing hereof, I am the true, sole, and lawful owner of the above- bargained premises, and we are lawfully seized and possessed of the same in my own proper name and right as a good, perfect and abso- lute estate of inheritance in fee simple, and have in myself good right, full power, and lawful authority to grant, bargain, sell, convey, and confirm the said bargained premises in manner and form as aforesaid, and that the said Jesse B. Combs, his lieirs and assigns, shall and may from time to time, and at all times forever hereafter, by force and virtue of these presents, lawfully, peaceably, and quietly have, hold and oeeupy, possess and enjoy, the said demised and bargained premises, with the appurtenanees frec and clear, and freely and clearly acquitted, exonerated, and discharged of from all and all for near or other gifts, grants, bargains, sales, leases, mortgages, wills, entails, jointures, dowries, judgments, executions, or incum- branees, of what name or nature soever, that might in any measure or degree abstraet or make void this present deed.
" Furthermore, I the said Valentine, and Nancy his wife, for our- selves, our heirs, executors and administrators, do covenant and engage the above-demised premises, to him, the said Jesse B. Combs, his heirs and assigns forever, against the lawful claims and demands of any person or persons whatsoever, forever hereafter, to warrant, secure, and defend by these presents.
" Witness whereof we set our hands and seals this eleventh day of February, A. D., 1828. Signed, sealed, aud delivered
" In the presence of
" JOSEPH OLIVER.
his VALENTINE X BRAZELL. mark. her " NANCY X BRAZELL." mark.
The above is certified as being correct by Joseph Oliver, Clerk.
FIRST WILL UPON RECORD (1831).
At the court of probate, held in the town of Shelbyville, Feb. 22d, 1832, the last will and testament of Keneth McIver, deceased, late of the county of Shelby and State of Illinois, was presented for probate. It reads as follows :-
" In the name of God, Amen. I, Keneth McIver, of Shelby county and State of Illinois, being weak of body but of sound mind and memory, do make, ordain, and establish this to be my last will and testament, hereby revoking all others, and do hereby appoint Aleander MeIver, my beloved wife, to be my exeeutrix of this my last will and testament.
It is my will that all my just debts be paid. 1st. After my just debts are all paid, and funeral expenses, I do hereby devise and bequeath unto my beloved wife, Aleander, two portions during her widowhood, and after her marriage one-half of said portion to be equally divided among the remaining legatees, to wit. :
" 21. To my beloved daughter Margaret two shares.
" 3d. To my beloved daughter Sally Ward one share.
" And to my beloved daughter Polly one sharc.
" In testimony whereof, I hercunto set my hand and affix my seal, the 22d day of December, 1831.
" KENETH MCIVER.
"Signed and acknowledged before us : SEAL
" B. W. GORIN,
' S. W. VAUGHAN."
COUNTY BUILDINGS.
FIRST COURT-HOUSE.
On the third day of September, 1827, the county commissioners, holding their court at the residence of Barnet Bone, came to the conclusion that it was necessary, for the proper transaction of busi- ness, to have a suitable building ereeted for the purpose. Their requirements were moderate, and aspirations not of a lofty nature, even for that early period ; and after some discussion it was finally decided that a log building, of the following dimensions, would be of an immense advantage to the county officials, and probably an ornament to the small but promising town of Shelbyville.
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