USA > Illinois > Cumberland County > Counties of Cumberland, Jasper and Richland, Illinois. Historical and biographical > Part 8
USA > Illinois > Richland County > Counties of Cumberland, Jasper and Richland, Illinois. Historical and biographical > Part 8
USA > Illinois > Jasper County > Counties of Cumberland, Jasper and Richland, Illinois. Historical and biographical > Part 8
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CONSTITUTION OF THE UNITED STATES
bers of the several state Legislatures, and all executive and judicial offi- cers, both of the United States and of the several states, shall be bound by oath or affirmation to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
ARTICLE VII.
The ratification of the Conventions of nine states shall be sufficient for the establishment of this Constitution between the states so ratifying the same.
Done in convention by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names.
GEO. WASHINGTON, President and Deputy from Virginia.
New Hampshire. JOHN LANGDON, NICHOLAS GILMAN.
Massachusetts. NATHANIEL GORHAM, RUFUS KING.
Connecticut. WM. SAM'L JOHNSON, ROGER SHERMAN.
New York. ALEXANDER HAMILTON.
New Jersey. WIL. LIVINGSTON, WM. PATERSON, DAVID BREARLEY, JONA. DAYTON.
Pennsylvania. B. FRANKLIN, ROBT. MORRIS, THOS. FITZSIMONS, JAMES WILSON, THOS. MIFFLIN, GEO. CLYMER, JARED INGERSOLL, GOUV. MORRIS.
Delaware. GEO. READ,
JOHN DICKINSON, JACO. BROOM, GUNNING BEDFORD, JR., RICHARD BASSETT.
Maryland. JAMES M'HENRY, DANL. CARROLL, DAN. OF ST. THOS. JENIFER.
Virginia. JOHN BLAIR, JAMES MADISON, JR.
North Carolina. WM. BLOUNT, HU. WILLIAMSON, RICH'D DOBBS SPAIGET.
South Carolina. J. RUTLEDGE, CHARLES PINCKNEY, CHAS. COTESWORTH PINCKNEY, PIERCE BUTLER.
Georgia. WILLIAM FEW, ABR. BALDWIN.
WILLIAM JACKSON, Secretary.
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AND ITS AMENDMENTS.
ARTICLES IN ADDITION TO AND AMENDATORY OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA.
Proposed by Congress and ratified by the Legislatures of the several states, pursuant to the fifth article of the original Constitution.
ARTICLE I.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
ARTICLE II.
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
ARTICLE III.
No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be pre- scribed by law.
ARTICLE IV.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable scarches and seizures, shall not be vio- lated ; and no warrants shall issue but upon probable cause, supported by cath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
ARTICLE V.
No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger ; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
ARTICLE VI.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
ARTICLE VII.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact
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CONSTITUTION OF THE UNITED STATES
tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law.
ARTICLE VIII.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX.
The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
ARTICLE X.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
ARTICLE XI.
The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another state, or by citizens or sub- jects of any foreign state.
ARTICLE XII.
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person to be voted for as president, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of Electors appointed ; and if no person have such majority, then from the persons having the highest number not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two- thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a Presi- dent whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice- President, shall be the Vice-President, if such number be the majority of the whole number of electors appointed, and if no person have a major-
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AND ITS AMENDMENTS.
ity, then from the two highest numbers on the list, the Senate shall choose the Vice-President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
ARTICLE XIII.
SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their juris- diction.
SEC. 2. Congress shall have power to enforce this article by apprc- priate legislation.
ARTICLE XIV.
SECTION 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
SEC. 2. Representatives shall be appointed among the several states according to their respective numbers, counting the whole number of per- sons in each state, excluding Indians not taxed ; but when the right to vote at any election for the choice of Electors for President and Vice- President of the United States, Representatives in Congress, the execu- tive and judicial officers of a state, or the members of the Legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age and citizens of the United States, or in any way abridged except for participation in rebellion or other crimes, the basis of representation therein shall be reduced in the proportion which the num- ber of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
SEC. 3. No person shall be a Senator or Representative in Congress, or Elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who, having previ- ously taken an oath as a Member of Congress, or as an officer of the United States, or as a member of any state Legislature, or as an execu- tive or judicial officer of any state to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may. by a vote of two-thirds of each house, remove such disability.
SEC. 4. The validity of the public debt of the United States author- ized by law, including debts incurred for payment of pensions and boun- ties for services in suppressing insurrection or rebellion, shall not be ques- tioned. But neither the United States nor any state shall pay any debt or obligation incurred in the aid of insurrection or rebellion against the United States, or any loss or emancipation of any slave, but such debts, obligations, and claims shall be held illegal and void.
CONSTITUTION OF THE UNITED STATES.
ARTICLE XV.
SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condion of servitude.
BATTLEOF LAKEERIE SEPTIO. 1912:
PERRY'S MONUMENT, CLEVELAND, OHIO.
On Lake Shore & Michigan Southern Railway.
..
BUREAU OF ILLUSTRATIONE BUFFALO
VIEW OF NIAGARA FALLS. Reached via Lake Shore & Michigan Southern Railway.
PART II. HISTORY OF CUMBERLAND COUNTY.
BY J. H. BATTLE.
ORGANIZATION AND DEVELOPMENT. ORIGIN OF THE COUNTY.
T "HE region of country now contained within the limits of Cum- berland County, Ill., was subject to the legal jurisdiction of various seats of justice before it became the home of citizens. Its carlier allegiance was paid to Darwin, the early county-seat of Clark County. Crawford County was organized in 1816, and originally comprised the territory included between the Wabash and Kaskas- kia rivers, and from its present southern line to the northern limits of the United States. In the following year, Clark County was formed, including all the territory of Crawford north of its present northern boundary, between the two rivers. The first white settlers in this region found it tributary to Darwin and a part of Clark County. In 1821, Fayette County curtailed the original extent of Clark on the west, and in 1823 by the formation of Edgar, in 1827 by Shelby, and in 1831 by Coles. The inhabitants of this region at this time were too few and scattered to exercise much influence upon the formation of its parent county, Coles, and it seems to have been formed in accordance with the natural law of development of the State. Darwin, the center of trade, as well as governmental influence, proved so inconveniently distant for so many that the growing population demanded better facilities, and the new county was formed. The records of Cumberland County show, of course, no account of this early separation from Clark County, nor, in fact, of the separation from Coles. Although some movement was early made to transcribe the records pertaining to the original history of Cumberland, nothing of this was effected. With the increase of population and the construction of the great National road, the peo- ple here became dissatisfied with the remoteness of the county-seat, and anxious to build up private interests which early clustered along
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HISTORY OF CUMBERLAND COUNTY.
the great thoroughfare, the leading men moved for the erection of a new county. It was generally agreed that Coles County, which ineluded Douglas and Cumberland as well, was too large and would necessarily be divided sooner or later, and a contest, mainly supported by various towns ambitious to serve as the seat of justice, early sprang up over the method of division. The people of Charleston desired the territory to be divided into three counties so as to leave that point the central place in the county, and hence the inevitable county-seat of the new county of Coles. Other localities desired an equal division of the territory into two counties, and the two propo- sitions were known respectively as the " crop " and "split" plans. This topic was the great overshadowing issue in at least three cam- paigns, the candidates for the legislature announcing themselves on the stump as favoring the one plan or the other. Twice were can- didates elected to favor the division of the county, but in each case the opposition mustered so strong an influence that no division was made. In 1842, Starkweather announced his position as first for a " split," second for a "crop," but in any event for a new county, and on this platform he was elected. The effort culminated in an act of the legislature, which was approved March 2, 1843. This act provided: " That, from and after the first day of May next, all that part of Coles County lying south of a line beginning at the north- west corner of Section 30, in Township 11 north of Range 7 east of the third principal meridian line, running thence cast along the sev- eral section-lines to the western boundary line of Clark County, shall form a new county to be called Cumberland County.
" Sec. 2. An election shall be held on the first Monday of April next, at the town of Greenup, and at the town of Woodbury, at the house of James Gill, at Beni White's, Berry's Mill, at Ruffner's, at Long Point, for the election of a Sheriff, Coroner, County Recorder, County Surveyor, Probate Justice of the Peace, Clerk of the County Commissioners' Court, County Treasurer, School Commissioner, and three County Commissioners for the said county of Cumberland, at which said election any number of legal voters not less than fifteen, who shall be present, may choose from among themselves a sufficient number of persons to act as judges of said election, who, after being sworn, as also the clerks, shall proceed to open and hold said elec- tion according to the rules and regulations prescribed by law for conducting general elections in this State, at which said election all persons, entitled by law, residing in the boundaries prescribed for Cumberland County, to vote for members of the General Assembly, shall be entitled to vote at said election.
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HISTORY OF CUMBERLAND COUNTY.
" Sec. 3. After the said election shall be closed, it shall be the duty of the judges and clerks holding the same to affix to each of the poll-books a statement of the names of each person voted for and the office he was intended to fill, and the number of votes such person received, and certify the same; one of which said poll-books they shall seal up under an envelope, directed to John Wolf, Judson Holley, and Alexander Magrew, and it shall be the duty of one of the said judges or clerks to deliver the same to the said persons on or before the third day after the close of the said election; and it shall be the duty of said Wolf, Holley and Magrew, or any two of them, to meet at the town of Greenup on the third day after the close of said election, and if the polls of said election shall be deliv- ered to them, or either of them, to proceed to open the said election returns, and after comparing the returns of said election, they shall make out a written statement thereof, and shall transmit a copy thereof, certified by them, to the Secretary of State, and it shall be the duty of the Secretary of State to make out commissions to such of the persons as shall appear to be elected, who are entitled by law to be commissioned by the Governor, and transmit the same to the persons so commissioned; provided, however, that contested elections for any of the above named officers shall be determined according to the principles contained in the laws of this State concerning con- tested elections.
" Sec. 4. The seat of justice for Cumberland County shall, for the present, be at the town of Greenup, and shall, hereafter, be per- manently located in the following manner, to-wit: At the general election, to be held on the first Monday in August next, a poll-book shall be opened for the different points to be run for the county-seat; provided, however, that no place shall be voted for unless its propri- etors or friends shall, at least twenty days previous to said election, execute a bond with sufficient security, designating the quantity of land patented by General Government and free from legal incum- brances, setting forth the metes and bounds of said land, or the number and location of town lots, or the amount of money, work, or labor, or materials to be used in erecting the county buildings which the proprietors or friends of any point may propose to give, which said bond shall be subject to the approval of the County Commis- sioners' Court, and be filed in their office; and at said election a col- umn shall be opened for each point whose friends shall have executed bond as aforesaid, and all persons qualified at the time for holding said election to vote for a member of the General Assembly shall be entitled to vote for the location of said seat of justice, and the point,
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HISTORY OF CUMBERLAND COUNTY.
if any, receiving the majority of the legal votes cast at said election, shall be the permanent seat of justice for said Cumberland County. When the votes of said election are compared by the proper officers, if it shall appear that neither one of the points voted for shall have received a majority of the whole votes cast, then it shall be the duty of the County Commissioners' Court to appoint a day within three months thereafter for holding another election, and shall publish written notices thereof in at least six of the most public places in the county, for one month, and a column shall be opened at each election precinct, for the two points having received the highest number of votes at the preceding election, and the point receiving the highest number of votes at said second election shall be the per- manent seat of justice; and if changed from the town of Greenup the offices shall be removed to said new seat of justice so soon as public buildings can be prepared therefor. If any shall desire to contest the election in regard to the seat of justice, they shall, within thirty days, thereafter, give notice that they will proceed before a Justice of the Peace of the county to take depositions that certain persons (naming them) who voted at said election were not qualified voters, or that fraud or unfairness (stating in what such fraud or unfairness consisted ) was practiced in said election; at which time and place all the testimony on both sides shall be written down, and the matter in controversy shall be decided by the County Com- missioners' Court, subject to an appeal to the Circuit Court at any time within twenty days after the decision of the County Commis- sioners' Court; provided, that the notice in regard to the contested election as to the seat of justice shall be posted up in six of the most public places in the county. It shall be the duty of the Com- missioners' Court of Cumberland County to cause public buildings to be erected at the permanent seat of justice when located in the manner provided in this act, and for that purpose they are hereby authorized to lay off' any land that may be donated to, or acquired for the county, into town lots, and may sell and convey all or any part of such land or town lots, so donated or acquired, and appro- priate any money, work or labor, or materials owned by or due to said county in the construction of county buildings as aforesaid.
"Sec. 5. All Justices of the Peace and Constables residing in Coles County, and in office on the first Monday of May next, shall continue in office and exercise all the duties required of them by law in Cumberland County until their successors shall be elected and qualified according to law, and shall be liable to the same penalties for omission of duty as if no change or division of Coles County had
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HISTORY OF CUMBERLAND COUNTY.
taken place under this act, and be entitled to the same emoluments for their services.
" Sec. 6. That at the next biennial election for Representatives to the General Assembly, and until another apportionment of Rep- resentatives shall be made, the County of Cumberland shall be enti- tled to elect one Representative separate from Coles County, and Coles County shall separately be entitled to elect two Representa- tives, and no more, and, until a new apportionment of Senators shall be made, the county of Cumberland shall vote with the counties of Coles and Clark for the election of a Senator, and the Clerk of the County Commissioners' Court of Cumberland shall attend at the Clerk's office of Coles County to compare polls, at the same time now provided by law for the Clerk of the County Commissioners' Court of Clark County to attend, and compare the votes for Sena- tor, and to join in making a certificate thereof to the person elected.
"Sec. 7. At the election to be held on the first Monday in August next, for county officers for Cumberland County, the person receiving the highest vote for County Commissioner shall be entitled to hold his office three years; the person having the next highest, two years; and the next highest, one year, according to the provis- ions of the law concerning the election of County Commissioners.
"Sec. S. The county of Cumberland when organized according to the provisions of this act, shall be deemed and considered, from and after the first day of May next, one of the counties of this State, and entitled to all the rights and powers generally conferred upon and allowed by the constitution and laws to other counties in this State, and to the officers thereof.
" Sec. 9. It shall be the duty of the Auditor of Public Accounts to make out and transmit to the County Commissioners' Court of Cumberland County, on or before the first day of June next, a list of all lands within the boundaries of Cumberland County subject to taxation, for State and county purposes, and annually thereafter, as required by law; and the County Commissioners' Court of said county shall direct the assessment and collection of taxes in said county for the year one thousand eight hundred and forty-three, according to the provisions of the revenue laws of this State, and direct the collection and appropriation thereof, as required by law in other counties.
"Sec. 10. All taxes assessed and uncollected in Coles County for the year one thousand eight hundred and forty-two, and previous thereto, of persons residing in Cumberland County, after the first of May next, and all judgments, executions and fees due to officers
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HISTORY OF CUMBERLAND COUNTY.
in Coles County, against any person or persons residing in Cumber- land County, may be collected and accounted for in the same man- ner as if no division of the county had taken place by virtue of this act.
"Sec. 11. It shall be the duty of the County Commissioners' Court of Cumberland County, after the organization thereof, accord- ing to the provisions of this act, to certify the same to the judge or justice required to hold Circuit Courts in Coles County, and it shall be the duty of the said judge or justice to fix the time of holding Circuit Courts in Cumberland County, until otherwise provided by law, and it shall be his duty to hold the said courts accordingly.
" Sec. 12. It shall be the duty of the County Commissioners' Court of Coles County to ascertain from the State census taken in the year one thousand eight hundred and forty, as near as they can, the amount of school, college and seminary funds which the inhabitants residing within the limits of Cumberland County were entitled to receive as a part of Coles County, for the year one thousand eight hundred and forty-two, and how much, if any, is due and unpaid to the township treasurers or to teachers, and also what would be the proportionable part of the school, seminary and college funds for the year eighteen hundred and forty-three, and certify the same to the County Commissioners' Court of Cumberland County, and direct the School Commissioner of Coles County to pay the same over to the School Commissioner of Cumberland County, and also to deliver over all notes, money, bonds, mortgages and papers, properly apper- taining to school lands in the boundaries of Cumberland County, and it shall be the duty of the School Commissioner of Cumberland County to receive, keep, collect, pay out, and account for the same according to law.
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