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 17
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 17
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CIRCUIT JUDGES.
Theophilus Smith, 1828; Thos. Ford, 1835 presiding by agree- ment with Sidney Breese; Sidney Breese, 1836 to 1840; Samuel H. Treat, 1841 to 1844; Gustavus Kærner, 1845; Samuel H. Treat, 1847, 1848 ; David Davis, 1849 ; Charles Emerson, 1853 to 1862; Charles H. Constable, 1862, May term, 1863; Charles Emer- son, 1864 to 1867; A. J. Gallagher, 1867 to 1873; H. M. Vande- veer, 1873 (October term), to 1876; W. R. Welch, Charles S. Zane, H. M. Vandeveer, 1877 (new law) and 1878; W. R. Welch, H. M. Vandeveer and J. J. Phillips, 1879 and 1880.
TOWNSHIP ORGANIZATION.
After the adoption of the constitution in 1848, the legislature of 1849 passed an act to provide for township organization. Pre- viously to the passage of this act, township organization in this state was unknown. A new law relating to this subject was enacted in 1851, and the law of 1849 was repealed. In 1859 the people of Shelby county, by a decided majority, adopted this form of govern- ment, which has since been adhered to. At the December term, 1859, the county court appointed James Cutler, E. G. Shallenberger, and Benjamin F. Frazer, commissioners to divide the county of Shelby into towns agreeably to the statute to provide for township organization. The supervisors are chosen annually on the first Tuesday in April. The system seems well adapted to the wants of the people. It certainly has one merit of more equally representing the different interests of the county. It is in the nature of a small legislative body, deriving its powers directly from the governed. The first election occurred in April, 1850; and the names of tlie members who have represented their respective townships may be seen in the township history. We quote the following from the records :
" Shelby County Court, December Term, 1859.
" Ordered by the Court that James Cutler, E. G. Shallenberger and Benjamin F. Frazer be and are hereby appointed commissioners to divide the county of Shelby, Illinois, into towns or townships, and that they make written reports of their proceedings, giving the name and boundary of each town as the law directs, in such case. made and provided, and present such report to the clerk of the county court on or before the first day of March next.
"Shelby County Court, March Term, 1860.
" This day the clerk pr sented to the court the report of the commissioners, that were appointed at the last December term of this court, 1859, to divide the county into towns or townships, under the act authorizing township organization, examined by the court, and ordered to be spread upon record as the law directs.
" To the Honorable County Court of Shelby County, Illinois.
" The undersigned commissioners appointed by the above-named court at the December term, 1859, to divide the county in towns or townships, under the act authorizing township organization, after being duly sworn, procceded to lay off the above-named county into towns or townships."
MOULTRIE COUNTY.
Prior to 1843 that portion of Illinois now known as Moultrie county, was a part of Macon and Shelby counties ; the larger portion of territory belonging to Shelby county. As its formation and vicissitudes will always prove interesting to the people of the county, we will here give a brief history of the trials it underwent.
In 1841 the people of the northern part of Shelby county, and the south-eastern portion of Macon county, presented a petition to the legislature to take a portion off each county and form a new one, to be called Okaw county. A. H. Kellar, who lived in the Macon county territory, and John Cook, front Shelby county, su( - ceeded in log-rolling the petition through both houses ; but with the incubus attached that it was to be submitted to a vote of Shelby county for ratification at the next regular election. The vote was against ratification, and thus Okaw county became a dead letter.
Again, in the fall of 1842, another petition was circulated and presented to the legislature as soon as it convened. This petition embraced the present territory of Moultrie county, including one whole tier of townships off the west side of Coles county, also to have the south-western boundary of the county an unbroken line instead of the notches, as is now the shape.
There were two factions within the boundaries of the district of the proposed new county. One of these factions was led by John Fleming ; the other by John Cook. The bone of contention was the location of the county-seat. There were the two towns, Julian and East Nelson, both desiring it, on the one hand, and the problematic town, some- where on the West Okaw-Cook's choice-on the other. A. H. Kellar and John Cook were chosen to present the petition to the legislature. It met with considerable opposition from the Shelby county people, but a certain compromise was effected, which accounts for the very irregular shape of the south-western border of the county. Messrs. Kellar and Cook returned home, thinking all things were arranged for a speedy passage of the act creating the proposed new county ; but only a few days had elapsed when Mr. Kellar received information from S. G. Nesbit, representative from Macon county, that a remonstrance, with four hundred names attached, from the citizens of Coles county were opposed to any part of that county being cut off from their territory. Mr. Nesbit further stated that if that objectionable feature of the petition could be stricken from it, they would be able to get the bill through. The Coles county townships were accordingly lopped off, and the new county was formed.
It should be mentioned here, that the above petition provided that the new county should be named Fleming; but through a par- tisan feeling on the part of the representative from Shelby county, he declared he would have nothing to do with establishing a county 'to be called Fleming. The result was that there was a second com- promise, and Mr. Williamson, the Shelby county representative, had the honor of naming the new county. He named it in honor of Col. William Moultrie, of early military fame.
In accordance with the above petition, the following act was passed and signed by the Governor, February 16th, 1843 :
* For list of names of townships, see chapter on Geography.
9
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HISTORY OF SHELBY AND MOULTRIE COUNTIES, ILLINOIS.
An Act for the formation of the county of Moultrie.
SEC. 1. Be it enacted by the people of the state of Illinois, represent- ed in the General Assembly, That all that tract of country, lying within the following boundaries, to-wit : Beginning at the north-east corner of township fifteen north, range six east of the third principal meridian, thence west to the north west corner of section three, township fifteen north, range four east, thence south three miles, west three miles, south eleven miles, east five miles, south four miles, east four miles, south one mile, east one mile, south one mile, east one mile, south one mile, east one mile, southi two miles, east six miles to the range line between ranges six and seven; thence north to the place of beginning, shall be constituted a new county, to be called Moultrie.
SEC. 2. The legal voters residing within the aforesaid boundaries, shall meet at the usual places of holding elections, on the first Mon- day in April next, and proceed to elect one sheriff, one coroner, one recorder, one county surveyor, one probate justice, onc clerk of the county commissioners' court, one treasurer, one school comniis- sioner, and three county commissioners; the person receiving the highest number of votes for county commissioner shall remain in office for two years from the first Monday in August next; the person receiving the next highest vote for county commissioner shall remain in office for one year from the first Monday in August next ; and the person receiving the lowest vote for county commissioner shall remain in office until the first Monday in August next; the other county officers shall hold their offices until the next succeeding general election, and until their successors are elected and quali- fied.
SEC. 3. The seat of justice of said county of Moultrie shall be at the residence of James Camfield, of said county, until otherwise ordered by the county commissioners' court of said county, but the seat of justice of said county shall not be permanently located by said commissioners' court until further legislation in relation thereto.
SEC. 4. The present judges of election residing within the boun- daries of the county of Moultric shall conduct the elections provided by this act in all respects agreeable to the laws regulating elections, and shall make returns of the poll books of their respective precincts within five days after the election. Abraham H. Kellar, William Thomason and James Elder, acting justices of the peace; and the said justices, or a majority of them, shall meet at the house of James Camfield within ten days after the said election, and it shall be the duty of the said justices of the peace to open and compare the poll books, to make out and deliver certificates to the persons elected, and to return an abstract to the Secretary of State in the same manner as is now required of the clerks of county commissioners' courts in like cases.
SEC. 5. The county commissioners shall meet as a court within twenty days after their election, and shall proceed to lay off their county into justices' districts, and transact such other county busi- ness as may be deemed necessary.
SEC. 6. It shall be the duty of the justices of the peace named in this act, to give at least twenty days' public notice of the time and places of holding the elections provided for in this act, by posting up notices in at least six public places in said county.
SEC. 7. The school funds belonging to the several townships in said county, together with all the interest arising from said moneys, and now in the hands of the school commissioners of Macon and Shelby counties, and all notes and mortgages appertaining to the same, shall be paid and delivered over to the school commissioners of the county of Moultrie, as soon as the county shall be organized, and a school commissioner elected and qualified according to law.
SEC. 8. It shall be the duty of the clerk of the county commis- sioners' court, as soon as may be after the election of county officers, to inform the judge of the eighth judicial circuit that the county is organized, and the said judge shall thereupon appoint a clerk, and fix the time for holding the circuit court, and said county shall form a part of the eighth judicial circuit.
SEC. 9. That elections for senators and representatives to the General Assembly shall continue to be conducted as though 110 division had been effected, and the clerks of the county commis- sioners' courts shall return abstracts of said elections to the clerks of the county commissioners' courts of the counties of Macon and Shelby, until otherwise provided by law.
SEC. 10. The county commissioners' court of the county of Moul- trie shall, at their first term, appoint one or more suitable persons to meet with the county commissioners of Macon county at their June term, one thousand eight hundred and forty-three, and ascer- tain the proportion of the court-house debt of Macon county, which the inhabitants taken from Macon and forming a part of Moultrie county, have agreed by their petition to pay, and in the apportion- ment and payment of the said money the commissioners of Macon and Moultrie counties shall be governed in all respects according to the provisions of the eleventh section of the act entitled " an act for the formation of Piatt county." Provided, that said apportionment be based upon the assessment lists of one thousand eight hundred and forty-two.
SEC. 11. The money to be paid by the county of Moultrie to the county of Macon shall be raised by additional assessment on the inhabitants residing within the boundaries taken from the county of Macon, and nothing herein contained shall be so construed as to make liable the inhabitants residing within the territory taken from the county of Shelby for any portion of the money made payable to the county of Macon under the provisions of this act.
Approved February 16th, 1843.
THOMAS FORD, Governor.
This part of Moultrie county's history would be incomplete if a certain part of it were not presented here. As will be seen, the Organic Act required that those citizens residing in that part of Moultrie county that was taken from Macon should pay their pro- portional part of Macon county's court-house debt then existing. As no assessment was ever made for that purpose, it may be inter- esting for the old settlers of Moultrie county to know why it was never required. There was a certain " slip" in the petitions circu- lated in Macon county for the establishing of the new county, and the citizens of Moultrie took advantage of it. They were governed by the old-time principle, "Interest is the governing principle of nations as well as individuals," and governed themselves accord- ingly. Great efforts were made on the part of Macon to compel those on this side of the line to live up, as they claimed, to the peti- tions creating the act for the new county ; but all efforts signally failed. George W. Powers, then representing the people of Macon county, believed that to force this indebtedness upon the people of Moultrie county would be an act of injustice, covertly opposed all measures offered to that end ; and the result is, as all know, no revenue was ever paid out of the treasury for that purpose. We quote from the language of one of our oldest and most esteemed citizens. He says : "He (Powers) was not paid by Moultrie for this act ; his pay was in a consciousness of having done his duty. Not only did Macon not know who Moultrie's friend was; but Moultrie, until now, never knew."
LOCATING THE COUNTY SEAT.
It will be observed from the above act, the county seat could not be located until further legislation ; and hereby hangs a tale. It must
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HISTORY OF SHELBY AND MOULTRIE COUNTIES, ILLINOIS.
be borne in mind that Mr. Thos. Fleming was the acknowledged leader of the eastern faction for the new county, that the location of the county seat was the bone of contention, and that the proposed slice cut off from Coles county must necessarily cut a promincut figure in the same. When it became known that the tier of town- ships from Coles county must be lopped off in order to get the act through the legislature, Mr. A. H. Kellar proposed to Mr. Fleming that they had better drop the question of the county seat rather than to have any dissension in the ranks that would tend to defeat the measure proposed. The question of the county seat was accord- ingly dropped ; which explains why the county seat was not located or mentioned in the act creating Moultrie county.
The first court was held at the private residence of James Cam- field, about three miles south west of Sullivan, in the spring of 1843, the action of which court will be found recorded in this chapter.
The next year, 1844, the place of holding court was removed by a vote of the people to East Nelson. In the fall of 1844 the ques- tion of permanently locating the county seat was subinitted to the people. Three places were proposed, to wit : East Nelson; Patter- son's Point, near " Uncle" Davy Patterson's ; Asa's Point, now Sullivan. The proposition was, that the seat of justice should be located at the place receiving a majority of all the votes cast. As no one of the places designated received a majority of all the votes, another election was called, when the two places, East Nelson and Asa's Point, were voted upon. The majority were in favor of the latter, and the county seat was finally established .. Mr. Philo Hale owned eighty acres of land where the town of Sullivan now stands. He proposed for a nominal sum to let the town have one of the forty acres of the eighty for a town site, as they might choose. In the winter following the county commissioners met at the house of Dr. William Kellar to locate the exact point of the county seat. The vote was a tic, which left the casting vote to the chairman, R. B. Ewing. Parnell Hamilton was present-he afterwards surveyed the town-and he proposed to Mr. Ewing to do as one Trader said, " Put up a stake and be governed by its fall." Just then the pen Mr. Ewing was writing with fell to the north, and thus it was decided that the north forty should be the location. Mr. Hale was paid $100 for the land; this amount was made up by a subscrip- tion from the people. The naming of the county seat was left to the county commissioners, R. B. Ewing, A. H. Kellar, and George Mitchell. They named it Sullivan, from Sullivan's Island, the small island off Charleston harbor, upon which Fort Moultrie is situated-the name being in keeping with the name of the county, Moultrie.
THE FIRST ELECTION FOR COUNTY OFFICERS
Was held on the first Monday in April, 1843. There were but four voting precincts-Lovington, Thomason, East Nelson, and Julian, with territory in each, as follows: the Lovington precinct embraced all of that part of Moultrie county which had previously belonged to Macon, except that portion on Marrowbone creek ; the Thomason precinct embraced all of that part of Moultrie county south of the Lovington precinct, including the West Okaw timber to the forks of the river, and so much of Welborn's creek as was in the new county, also Marrowbonc timber; East Nelson embraced all of the southern part of the county from the forks of the river, including Whitley creek and up the East Okaw to the mouth of Jonathan creek ; Julian embraced the rest of the territory north of East Nelson. The judges of election for Lovington were Allen Clore, E. D. Cleveland, and George Best ; the election was held in the old log school-house, on what is now Col. Allen Clore's farm. Of the Thomason precinct, the judges were Joseph Roney, David
Strain, and David Mitchell; the election was held at the private residence of William Thomason. In East Nelson precinct, the judges were William Hendricks, Andrew Scott, and James Poor. The judges in the Julian precinct were William Purvis, Levi Fleming, and Thomas Fulton. "Uncle" Johnny Ginn, now de- ceased, was allowed forty-two cents for returning poll-books to the clerk of the commissioners' court. The whole number of votes cast was three hundred and thirteen. The population of the county was less than two thousand.
THE FIRST OFFICERS ELECTED
Were Jolin A. Freeland, clerk of the county commissioners' court ; Isaac Walker, sheriff; A. B. Lee, coroner ; Jno. A. Freeland, recorder ; Hugh Allison, surveyor; David Patterson, probate justice ; John Perryman, treasurer and school commissioner.
R. B. EWING. A. H. KELLAR. GEORGE MITCHELL.
COUNTY COMMISSIONERS' COURT.
The county court appointed William Thomason, assessor, and Andrew Love, collector ; but afterward found that according to law the sheriff was ex-officio collector, hence that portion of their action was expunged from the record.
The first justices in the Lovington district were A. H. Kellar and William R. Lee; the first constables, Robert Sharp and Hen- derson Matheny. In the Thomason district were William Thom- ason, David Strain, justices ; and John Hill and George Thomason, constables. The justices in East Nelson district were James Elder and Joshua Patterson ; constables, Samuel Dukes and William Hamilton. In the Julian district, William Purvis and Thomas Fulton, justices ; the constables we are unable to furnish.
No change was made in the voting precincts until the June term of the court of county commissioners, 1845, when two new districts were created by order of the court, as follows : "Ordered, that the Sullivan election precinct be bounded as follows : beginning where the range line between ranges 5 and 6 crosses the south line of the county, thence north on that line one mile into township 13, thence east to the county line, thence north to the north-east corner of the county, thence west and south down the middle of the prairie to the school-house near William Mullholland's, thence south to include Burg's mill to the river, thence down the river to the county line, thence east to the place of beginning ; and that the place of hold- ing the clection be at the town of Sullivan."
" Ordered, that the Whitley creek election precinct be bounded, as follows : beginning at the county line where the range line be- tween ranges 5 and 6 crosses the county line, thence north one mile into township 13, thence east to the county line, thence south to the south-cast corner of the county, thence west to the place of begin- ning; and that the place of holding the election be at the house of John Hendricks.
The first meeting of the board of county commissioners was held at the private residence of James Camfield on the 10th day of April, A. D. 1843. Present the Hon. Reuben B. Ewing, Abraham H. Kellar and George Mitchell.
The first business of the court was the accepting of the oath of office of John A. Freeland, the county clerk elect of Moultrie county. We give it verbatim as it may prove of interest to the people of Moultrie county at this late date :
CLERK'S OATH.
" State of Illinois, Moultrie county.
"I, John A. Freeland, clerk of the county commissioners' court
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HISTORY OF SHELBY AND MOULTRIE COUNTIES, ILLINOIS.
of Moultrie county, do solemnly swear that I will support the Con- stitution of the United States, and of this state; that I will faith- fully and impartially discharge the duties required by law of me as clerk of the county commissioners' court, to the best of my un- derstanding and abilities ; so help me, God.
"JOHN A. FREELAND."
"Sworn and subscribed before me this 10th day of April, A. D. 1843.
WILLIAM THOMASON, J. P."
Their next action was the subdivision of the county into thirteen road districts, from which we append the following :
1. Commencing at the mouth of the branch between John Rhodes' and Daniel Pea's, on the West Okaw; thence up said river centre of the channel to the middle fork; thence north up said fork to the Piatt line ; thence west to the Macon line; thence south opposite to the head of said Pea's branch ; thence to the place of beginning. Supervisor, George Best.
2. Commencing at the south-east corner of section 24, township 14 north, range, five east; thence west seven miles; thence north to district No. 1; thence east seven miles; thence south to the place of beginning. Wesley W. Smith is to be included in said district. Supervisor, John Rhodes.
3. Embraces all that section of country west of West Okaw, and south of district No. 2, and to the county line on the south. Super- visor, Jesse D. Walker.
4. Embraces all that parcel of country in sections 24, 25 and 36 in township 13 north, range, 4 east. Supervisor, Michael Skidmore.
5. Embraces the portion of country within the following bounds : beginning at the mouth of the West Okaw; thience up East Okaw to the east line of section 29, township 13 north, range 5 east ; thence north to the south-east corner of section 20, township 14, north, range 5 east ; thence west to the West Okaw ; thence down the middle of said river to the place of beginning. Supervisor, Jones Hampton.
6. Embraces all that country lying within the following bounds : commencing at the point where section 29, township No. 13, nortlı range 5, crosses the river ; thence up said river to the mouth of Asa's creek ; thence up the middle of said creek to the head, or one mile into township 14 north ; thence west to the south-east cor- ner of section 29, township 14 north, range 5 east ; thence south to the place of beginning. Supervisor, Frederick Hoke.
7. Commencing at the mouth of Asa's creek ; thence up the mid- dle of the river to the county line on the east; thence north to the line between townships 13 and 14 north; thence west to Asa's creek ; thence down the middle of said creek to the place of begin- ning. Supervisor, Clisby Ellis.
8. Commencing at the mouth of Whitley's creek ; thence up the middle of said creek to the mouth of Crab-apple creek ; thence up said creek to the county line; thence north to the middle of the Okaw; thence down the middle of said river to the place of begin- ning. Supervisor, Linville P. Lilley.
9. Commencing at Crab-apple creek on the Coles county line ; thence south to the corner of Moultrie county; thence west threc miles ; thence north to the middle of Whitley's creek ; thence up Whitley and Crab-Apple creeks to the place of beginning. Super- visor, George Waggoner.
10. Commencing at the south-east corner of section 28, township 12 north, range 6 east; thence west two miles and twenty rods ; thence north to the middle of Whitley's creek; thence up said creck to the section line, dividing three and four; thence south to the place of beginning. Supervisor, Gideon Edwards.
11. Commencing at Whitley's creek twenty rods west of the sec- tion line, dividing sections 5 and 6, township 12 north, range 6 east ; thence south to the county line; thence west and north with the county line to the middle of Okaw river; thence up said river to Whitley's creek ; thence up the middle of said creek to the place of beginning. Supervisor, Isaac Shirley.
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