USA > Illinois > Macon County > History of Macon County, Illinois : with illustrations descriptive of its scenery, and biographical sketches of some of its prominent men and pioneers > Part 13
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"SEC. 4. As soon as said service shall be performed, the said commissioners shall make a report of their proceedings, under their proper hands and seals, to the first county commissioners' conrt, to be held for and in said county, designating particularly the place selected, and a description of the same. And if the situa- tion on the public lands shall be preferred, after examination as aforesaid, the half-quarter or quarter section of land upon which the same may be located shall be stated in said report ; and in that event, it shall be the duty of the said connty commissioners, as soon thereafter as they may be enabled, to enter and purchase the same, at the proper land office, in their respective names, as county com- missioners, for the use of the county of Macon ; all of which said proceedings the county commissioners' court shall cause to be en- tered at large on their books of record.
"SEC. 5. As soon as a suitable site shall have been selected for the seat of justice, and a report made thereof, as aforesaid, it shall be the duty of the county commissioners to cause such donation. or tract of land (if pub'ie land should be selected), or so mnuch thereof as they may deem advisable, to be laid off into lots, and be sold npon such terms and conditions as may be considered most advantageous to the interests of the county, and the proceeds of such sales shall be applied to the erection of a court-house and jail, and such other public works as may be necessary for the nse of said county. And as often as any lots shall be sold as aforesaid, it shall be the further duty of said county commissioners to make conveyances for the same to the purchasers thereof, in their own names, as commissioners for and in behalf of said county.
"SEC. 6. Until public buildings shall be erected for the purpose, the conrts shall be held at the house of James Ward, in said county.
"SEC. 7. An election shall be held at the house of James Ward, on the second Monday of April next, for one sheriff, one coroner and three county commissioners, for said county, who shall hold their offices, respectively, until the next general election, and until their successors 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 three qualified voters to act as judges of said election, who shall appoint two qualified voters to act as clerks.
"SEC. 8. It shall be the dnty of the clerk of the circuit court, who may be appointed for such county, to give public notice, at lcast fifteen days previous to said election, of the time and place, when and where the same will be held, and the officers to be elected thereat; and in case there should be no clerk, it shall be the duty of the recorder, or any justice of the peace residing within the limits of said county, to give notice of the time and place of holding the same, as aforesaid.
"SEC. 9. The commissioners appointed to locate the seat of justice, as aforesaid, shall receive the sum of one dollar and fifty cents per day for each day by them necessarily consumed in discharging the duties imposed upon them by this act, to be allowed by the county commissioners' court, and paid out of the treasury of said county.
"SEC. 10. Until the next apportionment of members of the General Assembly shall be made, said county of Macon shall vote with the counties of Fayette, Bond, Montgomery, Shelby and Tazewell ; and the clerk of the said county of Macon shall meet the clerks of the said counties of Fayette, Bond, Montgomery, Shelby and Tazewell, at Vandalia, the seat of justice of Fayette county, to compare the number of votes given for Senator and Representatives to the General Assembly, and sign the necessary certificate of election, at Vandalia, and deliver the same to the person or persons entitled thereto.
"SEC. 11. The said county of Macon shall be and is hereby attached to the first judicial circuit.
" This Act to take effect from and after its passage."
Approved January 19, 1829. NINIAN EDWARDS, Governor. * " It will be observed by the foregoing act that the county, so formed, was much larger than it is at present. It then included all of what is now De Witt connty, except the northern tier of townships; all of Piatt county, except one township, and about half of Moultrie county. On the first of March, 1839, De Witt connty was formed, establishing the northern line of this county where it now is. On the following day an act was passed adding to thic county of Macon that portion now known as Niantic town- ship. It may be remarked, in this connection, that the formation of DeWitt, and the losing of that much territory to this county, was a source of but little concern to our people. In fact, at the time it was urged that the southern line of DeWitt should be extended far enough south to include the present towns of Maroa, Austin and Friend's Creek. This tract of land, now rich, highly productive, and as finely improved as any other portion of the county, was then considered a burden, and not desired by Macon, and not wanted by DeWitt. It was not thought possible to culti- vate the soil, or that it would ever be inhabited ; and the expense of keeping up roads through it was considered to be largely in excess of the income to be derived. At that day there were but few people who dreamed even of the large prairies becoming settled and put into cultivation. The most that was claimed was that the farms would extend but a short distance from the timber, and the prairies remain forever wild, and used for grazing purposes only. Many of the early settlers made 'clearings,' and started their little farms in the timber, as they had been accustomed to do in the States from which they came. It is not strange, however, that the opinion was entertained that much of the prairie land was absolutely useless and valueless, for at that period, for the
* Smith's History.
* In honor of Commodore Stephen Decatur.
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HISTORY OF MACON COUNTY, ILLINOIS.
greater portion of the year, they were almost submerged with water. Horses and cattle would mire on land now considered dry, and forming some of the best farms in the county. It is asserted by some of our then residents of the county, that the object of securing the addition to the county of the present Niantic township, was to prevent the removal of the county seat from Decatur to a little town then just commenced in the township of Friend's Creek, called Murfreesboro. It will be remembered that Piatt county was then a part of Macon, and the proposed new county seat, being nearer the center of the county than Decatur, may have actuated Mr. Gouge, who was then our representative in the legislature, in procuring this addition to our western territory. The assertion, however, that any such notions were entertained as to the proposed change in the county seat, is denied by others who were residents at the time. It is very probable, however, that there was a change of the 'seat of justice' anticipated, for the Niantic territory was considered worthless, except as so much bal- last to counterbalance the eastern portion of the county. And the prospects of Murfreesboro, it seems, were blighted about that time, and it has long since ceased to be, except in the recollection of a very few of our oldest residents.
In January, 1841, Piatt county was formed from portions of De Witt and Macon counties, and in February, 1843, the county of Moultrie was formed from portions of Shelby and Macon counties, each by acts of the legislature. Macon county now remains as left after the passage of the last act, forming Moultrie county. It now contains an area of five hundred and seventy-seven square miles, or 369,280 acres."
REPORT OF COMMISSIONERS.
The Commissioners appointed by virtue of the second Section of the foregoing Act, met April 10th, 1829, and having viewed the several locations that had been proposed for the seat of Justice, made the following report, as shown by the official record of the County Commissioners' Court :
"We, the Commissioners appointed for the purpose of locating the seat of justice for Macon county, after being duly sworn before John Miller, an acting justice of the peace for said county of Macon, having carefully and impartially viewed and examined the situation and convenience, likewise the advantages, of the present and future population, have located the said seat on the fifteenth section in township sixteen north, in range two east, northeast quarter and east half of said quarter, the southeast corner of said above-named half quarter, in compliance to an act of the General Assembly requiring us so to act. Approved January 19, 1829. Whereunto we have set our hands and seals this tenth day of April, in the year of our Lord, 1829.
" JOHN FLEMING, [Seal.]
" JESSE RHODES, [Seal.]
" EASTON WHITTON." [Seal.]
AMOUNT PAID COMMISSIONERS FOR LOCATING THE COUNTY SEAT.
At the June term, 1829, of the County Commissioners' Court, it was ordered that Easton Whitton, be and he is hereby allowed the sum of ten dollars and fifty cents in full for his services as Commis- sioner to locate the seat of Justice of Macon county; and John Fleming and Jesse Rhodes are allowed seven dollars and fifty cents each in full for their services for doing the same business.
LAYING OFF THE TOWN OF DECATUR.
The site for the county seat having been selected, as shown by the preceding report, an order directing that the town of Decatur be laid off, was made by the County Commissioners, June 1, 1829, as follows :
" Ordered, That Benjamin R. Austin, County Surveyor for the county of Macon, be and is hereby required to lay off the town of Decatur, in said county, after the form of Shelbyville, and make and return to one of the commissioners of this court, a complete plat of the same on or before the first day of July next."
Under the above order the " old town " of Decatur was laid out and platted, which contained twenty acres. Its boundaries werc: Prairie street on the north, Water street on the cast, Wood street on the south, and Church street on the west, and was divided by Main street, running east and west, and by North Main street, run- ning north and south The 'old town " remains substantially as platted, "after the form of Shelbyville," with the exception that Merchant street has been formed since, and some of the lots are divided so as to run north and south instead of east and west, as laid out.
By the act creating this county, the land upon which the Com- missioners located the " seat of justice " was to be donated to the county. The land on which the county seat was located had not, in fact, been entered from the government at the time, but was afterwards entered by Parmenius Smallwood, Easton Whitton and Charles Prentice, and a decd was by them made to the County Commissioners, on the eighth day of October, 1831.
AMOUNT PAID COUNTY SURVEYOR FOR LAYING OFF DECATUR.
On the first day of June, 1829, the County Commissioners,
" Ordercd that Benjamin R. Austin, County Surveyor, be and he is hereby allowed the sum of twenty-four dollars for laying out the town of Decatur, the County Seat of Macon County. Accord- ing to the preceding order the " old town " of Decatur, which covered twenty acres, was laid out and platted. The boundaries were: Prairie street on the north, Water street on the east, Wood street on the south, and Church street on the west.
SALE OF TOWN LOTS.
In accordance with the following order of the commissioners, a sale of town lots was made July 10th, 1829:
" Ordered, That a sale of lots take place in the town of Decatur, in this county, on the tenth day of July next, on the following terms, to-wit : A credit of twelve months will be given, and note with approved security required, and that the clerk of this court is required to advertise the sale in the paper printed in Vandalia, until the day of sale."
ARTICLES TAXED AND RATES OF TAXATION.
On this subject the commissioners made the following order :
" Ordered, That for the purpose of raising a revenue to defray expenses of the county for the year 1829, a tax of one half per cent. be levied upon the following personal property, to-wit : On slaves and indentured or registered negro or mulatto servants ; on pleasure carriages ; on distilleries ; on stock in trade; on all horses, mares," mules, or asses, and neat cattle over three years old ; and on watches, with their appendages, and on all other personal property except the lawful fire-arms of each individual." The total amount of tax collected under this order was $109.323.
FIRST TAVERN LICENSE.
At the same term of the commissioners' court, the first tavern of Decatur was legally established, and the rates of charges were fixed by the following orders:
" On application of James Renshaw to keep a tavern in the town of Decatur, it is ordered that license beand is hereby granted to said Renshaw, to keep a tavern in said town of Decatur, for one year from the twenty-sixth day of October, 1829, by his paying four dollars into the county treasury, which is done.2'
UNIVERSITY OF ILLINOIS LIBRARY
52
HISTORY OF MACON COUNTY, ILLINOIS.
" Ordered, That the tavern rates for this county shall hereafter be as follows, to-wit: For breakfast and horse fed, 37} eents ; keeping man and horse each night (the man to have supper and lodging), 62} cents ; dinner and horse fed, 37} cents ; brandy, rum, gin, wine or cordial, 25 cents per half pint ; whisky or cider brandy, 12} cents per half pint."
FIRST FERRY LICENSE.
The following order was made by the commissioners at the De- cember term of court, 1829 :
"On application of John Ward, of Macon county, to keep a ferry on the north fork of the Sangamon river, where the road from Shelbyville to Decatur erosses the same, Ordered, That license be granted for the same for one year from the seventh day of Decem- ber, 1829, by his paying into the county treasury one dollar, he having entered into bond for one hundred dollars, with John MeMennamy his security, which was examined and approved by the court. Ordered, That the following ferry rates for John Ward's ferry, where the road from Shelbyville to Decatur crosses the north fork of the Sangamon river, in said county of Macon, be as follows, to-wit : Footman, 6} cents ; man and horse, 12} cents; one horse carriage, 182 cents ; two horse carriage, 25 cents ; four horse car- riage, 50 cents; each additional person, 6} cents; each head of swine, sheep, or cattle, 3 cents."
FURTHER PROCEEDINGS OF THE FIRST COUNTY COMMISSIONERS' COURTS .- APPOINTMENT OF THE FIRST COUNTY CLERK.
At the first county commissioners' court, held at the house of James Ward, May nineteenth, 1829, the first county clerk was ap- pointed as follows :
" On motion Daniel McCall received the appointment of clerk of said county, and the necessary oath required by law, in open court, also gave bond, conditioned as the law directs, which was examined and approved by the court ; and he then entered upon the duties of his office.'
APPOINTMENT OF THE FIRST COUNTY TREASURER.
On motion it is ordered that Benjamin R. Austin be and he is hereby appointed treasurer of Macon county, to continue until the next March term of this court; whereupon the said Benjamin R. Austin, together with John Miller and William King, his securities, entered into bond in the penalty of two hundred dollars conditioned as the law directs, which was examined and approved by the court, and the said Benjamin R. Austin, thereupon, filed a certificate of his having taken the oath required by law.
DISTRICTING THE COUNTY .- APPOINTMENT OF ELECTION JUDGES,
&e.
" At a county commissioners' court, begun and held at the house of James Ward, on Mouday, the first day of June, 1829, it was ' Ordercd, That this county be, aud is hereby laid out into two districts for the election of magistrates and constables, to-wit : All north of the 1.orth fork of the Sangamon, in this county, to be called Decatur; and that Philip D. William, Henry Florey and Isaac Miller, are appointed judges of said election, who are required to hold an election at the house of Parnienius Smallwood, in said district, on the twentieth day of this month, for threc justices of the peace and two constables. All south of said river shall com- pose the other district, to be called Ward's district, and that Robert Foster, Michael Myers, and James Ward, are appointed judges of said district, who are required to hold an election for two justices of the peace and two constables on the twentieth inst., at the house of James Ward, in said district.' "
FIRST ROAD DISTRICTS, ETC.
On May 29th, 1829, the county commissioners passed the follow- ing orders :-
Ordered, That the county of Macon be and is hereby laid out into the following road districts to wit : No. 1 to inelude all of said county north of the North fork of the Sangamon River, and that William Hanks be and he is hereby appointed Supervisor of the same, to serve until the next March term of this court. And all south of said river to be included in district No. 2, and that John Me Mennamy be and he is licreby appointed supervisor of said dis- trict No. 2, to serve for the same time as the Supervisor of district No. 1.
FIRST ROAD VIEWERS.
Ordered, That William Ward, James Ward and Robert Smitlı be and they are appointed Viewers of so much of the road leading from Paris in Edgar county to Springfield in Sangamon county, as lies between the house of Widow Ward and the Furrow leading in the direction from Paris to Springfield, and make report thereof to this court at their June term next.
Ordered, That John Ward be and he is hereby allowed scven dollars and fifty cents for his services as commissioner, to locate a road from Shelbyville to the mouth of the big Vermillion on the direction to Fever River.
FIRST LEGAL DOCUMENTS. Proprietors' Bond for Deed to County Commissioners.
To all whom it may concern. Know ye, that we Parmenius Smallwood, Easton Whitton and Charles Prentice having entered at the land office iu the Vandalia district the east half of the south- cast quarter of section fifteen, township sixteen north, range two east, containing eighty acres, and paid for the same, and the com- missioners for locating the seat of Justice for Macon county having designated the above named land as a tract proper for said location, and we being also desirous that the said seat of justice should be located thereon, therefore we and cach of us do hereby promise and agree to make and execute to Elisha Freeman, Benjamin Wilson and James Miller, county commissioners in and for said county of Macon, or to their successors in office, a deed of gift with covenants of general warranty for twenty acres of said tract of land comprising that part of the same which has been designated, sur- veyed and marked for the purpose and use aforesaid, as soon as can be conveniently done after we have received a patent for the said tract from the General Land Office of the United States, which deed for the said twenty acres, shall be drawn and executed in all respects conformably to the requirements of the third scetion of the act of the General Assembly of Illinois, entitled an act to establish a new county to be called the county of Macon, approved January 19th, 1829. For the true aud faithful performance of which, we hereby bind ourselves, our heirs, executors, administrators and as- signs. Witness our hands and seals this 20th day of June, 1829.
Witness D. McCALL, PARMENAS SMALLWOOD, [ seal.]
JOHN HALL, EASTON WHITTON, [ seal.]
Attest, BENJ. R. AUSTIN,
CHARLES PRENTICE. [ seal.]
COPY OF DEED TO COUNTY FOR TWENTY ACRES OF LAND ON WHICH THE TOWN OF DECATUR WAS LOCATED.
This Indenture made aud entered into this eighth day of October in the year of our Lord One Thousand eight hundred and thirty- one, between Parmenas Smallwood, Easton Whitton and Charles Prentice, of the State of Illinois of the first part, and the county commissioners of the county of Macon and state aforesaid, and their
53
HISTORY OF MACON COUNTY, ILLINOIS.
successors in office of the second part witnesseth : That the said parties of the first part for and in pursuance of the third section of an act to establish a new county to be called the county of Macon, approved January, 1829, do hereby give, grant, donate and convey unto the said party of the second part a certain tract or parcel of land, lying and being in said county of Macon containing twenty acres off the south-east corner of the east half of the north-east quarter of section fifteen in township sixteen north and in range, two cast comprising that part of the same which has been designa- ted, surveyed and marked for the seat of justice for Macon county. To have and to hold the aforesaid tract or parcel of land, together with all the rights, profits, tenements and appurtances thereunto belonging or in anywise appertaining to the only proper use, ben- efit and behoof of them the said party of the second part and their successors in office forever : and the said parties of the first part, do covenant and agree with the said party of the second part that they will forever warrant and defend the said tract of land from the claim of themselves, the said party of the first, part their heirs and assigns, and against the claim or claims of any other person or persons whatsoever. In testimony whereof the said party of the first part have hereunto set their hands and seals the day and year first above written.
Signed and sealed in presence of
D. MCCALL,
PARMENAS SMALLWOOD, [ seal.]
JAMES WHITLOCK,
EASTON WHITTON,
[ seal.]
JAMES RENSHAW,
CHARLES PRENTICE.
[ seal.]
STATE OF ILLINOIS. 88.
Before me, a justice of the peace in and for said county, this day canie Easton Whitton and Charles Prentice, the grantors in the above deed named, personally known to me as the same persons wlio executed the said deed, and they severally acknowledged the same to be their act and deed made and executed by them in pursuance of the act of the Legislature of Illinois approved January 19th, 1829, entitled an Act to establish a new county, to be called the county of Macon.
Given under my hand and seal at Vandalia, this eighth day of October, in the year of our Lord one thousand eight hundred and thirty-one.
JAMES WHITLOCK, J. P. [seal. ]
STATE OF ILLINOIS,
Fayette county. SS.
I, James Berry, clerk of the county commissioners' court within and for said county, do liereby certify that James Whitlock, before whom the above acknowledgment was made, and who has certified the same as above, is a justice of the peace in and for said county of Fayette, duly elected by the commissioners and sworn into office according to law.
In testimony whereof I have hereunto subscribed my name and affixed the seal of said court at Vandalia, this the eighth day of October, A. D. 1831.
JAMES W. BERRY, Clerk.
STATE OF ILLINOIS,
Macon County. SS.
This day came before me, the clerk of the circuit court of said county, Parmenius Smallwood, personally known to me to be one of the grantors of the within deed, and acknowledged the same to be his free act and deed made and executed by himself, Easton Whitton, and Charles Prentice, in pursuance of an act of the Legislature of Illinois approved January 19th, 1829, entitled an Act to establish a new county to be called the county of Macon.
Given under my hand and private seal this 22d day of Novem- ber, A. D. 1831. D. MCCALL,
Clerk Circuit Court Macon County.
UNITED STATES PATENT TO PART OF THE PRESENT SITE OF
DECATUR.
THE UNITED STATES OF AMERICA.
Certificate 2 No. 214.
To all whom these Presents shall comc, Greeting.
Whereas David L. Allen, of Shelby county, Illinois, has dc- posited in the General Land Office of the United States, a certifi- cate of the register of the Land Office at Vandalia, whereby it appears that full payment has been made by the said David L. Allen, according to the provisions of the act of Congress of the 24th of April, 1820, entitled " An Act making further provision for the sale of the public lands," for the west half of the north west quarter of section fourteen, in township sixteen north, of range two east, in the district of land offered for sale at Vandalia, Illinois, con- taining eiglity acres according to the official plat of the survey of said lands returned to the General Land Office by the Surveyor General, which said tract has been purchased by the said David L. Allen.
Now know ye: That the United States of America, in considera- tion of the premises, and in conformity with the several acts of Congress in such case made and provided, have given and granted, and by these presents do give and grant unto the said David L. Allen and to his heirs the said tract above described, to have and to hold the same, together with all the rights. privileges, immu- nities and appurtenances of whatsoever nature thereunto belonging, unto the said David L. Allen and to his heirs and assigns forever.
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