USA > Illinois > Macoupin County > History of Macoupin County, Illinois : biographical and pictorial, Volume I > Part 10
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"May 27, 1829. Some doubts having arisen with regard to the authority of the clerk of this court, he took the different oaths of office."
THE SELECTING OF THE SITE FOR THE COUNTY SEAT.
At a meeting of the commissioners court, held on the 2d of June, 1829.
"The Court received the report of the commissioners, appointed by law for fixing the seat of justice for this county, which said report read as follows, to-wit : "The commissioners appointed by the General Assembly of the State of Illinois, in the year 1829, to locate the seat of justice for the County of Macoupin, having met at the house of Joseph Borough in said county, and having fixed upon the following site for the seat of justice of said county, etc., being and
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HISTORY OF MACOUPIN COUNTY
lying on the S. W. qr. of Sec. 28, Township 10 N., Range 7 West. Donation 30 acres, to be situated in an oblong square, 80 poles in front on the north side, to run 60 poles south. Stake drove on the north side of public square, equi- distant from E. and W. corners on N. side, facing Main St., to run due East and West.
"Given under our hands and seals, this first day of June, A. D., 1829. "SETH HODGES. "JOSEPH BOROUGH. "JOHN HARRIS."
The court received a title in fee simple for the above described lot, or do- nation of ground, which said bond is ordered to be filed in the clerk's office of this court. The site for the county seat was named Carlinville, in honor of Thomas Carlin; who afterwards became governor of Illinois, and who, as has been seen, secured the passage. of the creating act.
COPY OF PROPRIETOR'S BOND TO COUNTY COMMISSIONERS.
"Know all men by these presents that we, Seth Hodges and Ezekiel Good, are held and firmly bound unto William Wilcox, Theodorus Davis and Seth Hodges, county commissioners for Macoupin county, and their successors in office, in the penal sum of one thousand dollars, for the true payment whereof we bind ourselves, our heirs, executors and administrators jointly, severally and firmly by these presents. Sealed with our seals, and dated this Ist day of June, 1829.
"The condition of the above obligation is such that whereas the above named Seth Hodges and Ezekiel Good have agreed to make a good and lawful deed to the above named county commissioners and their successors in office to thirty acres of land situate, and lying and being in the southwest quarter of section of No. 28, 10 N. in W. R. 7, to-wit, situated in an oblong square, 80 poles in front, on the north side to run 60 poles south. Stake drove on the north side of the public square equi-distant from E. and W. on N. side facing Main street, Main street to run due east and west. Now if the said Good and Hodges shall make a good and sufficient deed to the above described lot or parcel of ground as soon as the patent for said ground shall come to their hands, then this obligation to be void, else to remain in full force.
"SETH HODGES. (SEAL) "EZEKIEL GOOD. (SEAL)"
LAYING OFF THE TOWN OF CARLINVILLE, JUNE TERM OF COURT, 1829-JUNE I
"It is ordered by the court that the surveyor of this county proceed to lay off the town of Carlinville into town lots, under the direction of the commis- sioners of this county, and that he return a plot of the same to the office of this court, previous to the 27th day of August next, and it is further ordered by the court that twenty lots of the aforesaid town of Carlinville be offered for sale on the 27th day of August next on the premises, on a credit of six, twelve and eighteen months, the purchaser giving bond with approved security for the pur-
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chase money, and that the clerk of this court furnish an advertisement convey- ing the intent and meaning of this order, to be published in the Illinois Intelli- gencer, and also advertise the same in such public places in this county as may be deemed expedient.
"State of Illinois, Macoupin county, ss. :
"On this day personally appeared before me Ezekiel Good and Seth. Hodges, who are personally known to me to be the identical persons who executed thirty acres, as a donation, to Seth Hodges, Theodorus Davis and William Wilcox, county commissioners of said county, and also said county commissioners, all of whom acknowledged the within to be their act and plat to all intents and pur- poses : Given under my hand and seal this 27th day of August, A. D. 1829.
"Registered August the 27th, 1829.
LEWIS SOLOMON, J. P.
T. P. HOXEY, Recorder."
ASSESSMENT OF PROPERTY.
At the same term an order was made by the court for the assessment of the county, and the assessor was furnished a classified list of taxable property.
AMOUNT PAID COMMISSIONERS FOR LOCATING SEAT OF JUSTICE.
"It was ordered by the commissioners of the county that Joseph Borough be allowed four dollars and fifty cents for three days' services as a commissioner in locating the county seat; also that John Harris and Shadrach Reddick each be allowed the sum of three dollars for two days' services as commissioners to locate the seat of justice."
LAYING OFF THE TOWN.
To the surveyor, Joseph Borough, for surveying and platting fifty lots in the town of Carlinville, the sum of seventeen dollars and fifty cents was allowed by the court, and the same ordered to be paid.
THE FIRST GRAND JURORS.
"At a county commissioners' court begun and held at the house of John L. Davis, in and for the county of Macoupin, on Monday, the first day of June, 1829.
"Present: Seth Hodges, William Wilcox, Theodorus Davis, Commissioners."
"It is ordered by the court that the following named persons be certified to the sheriff to serve as grand jurors at the first circuit court held in this county, to-wit :
"Michael Best, Roger Snell, John Chapman, Joseph Hilyard, Edward Mc- Kinley, John Powell, Isham Dolton, Samuel M. Harris, Daniel Stringer, Daniel Deadrick, Andrew B. Lee, Lewis Solomon, Green Weaver, James Bristow, John
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HOTEL AT BENLD
SUPERIOR COAL MINE NO. 2, BENLD
LIBRARY OF THE UNIVERSITY OF ILLINOIS
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HISTORY OF MACOUPIN COUNTY
Nevins, John Cummings, Solomon Davis, James Mabrey, Ezekiel Springer, Hugh Gipson, John Love, Andrew Russell and Edmond C. Vancil."
SECOND VENIRE OF GRAND JURORS. APRIL TERM, 1830. .
"At a term of the Macoupin Circuit Court, begun and held in the town of Carlinville, at the court house thereof, on the first Friday after the second Monday in the month of April, A. D. 1830. Present the Hon. Samuel D. Lockwood, Associate Justice of the Supreme Court and presiding judge of the first judicial circuit. John Harris, sheriff of Macoupin county aforesaid, returned into court the following venire of grand jurors, to wit:
"Lewis Solomon, foreman; John Nevins, Michael Best, John Cummings, Roger Snell, James Mabrey, John Chapman, Ezekiel Springer, Joseph Hilyard, George Matthews, Edward Mckinley, Andrew Russell. John Powell, Edmond C. Vancil, Samuel M. Harris, Robert Patton, William Norvel, Bennet Nowlin, An- drew Brownlee."
THE FIRST PETIT JURORS.
"Ordered, that the following persons be selected to serve as petit jurors at the next term of the circuit court for the county of Macoupin : Joseph Best, John Snell. Joseph Vincent, William Cormack, Peyton Seamonds, Alexander B. Miller, Howard Findley, James Braden, James Hall, Shadrach Reddick, George Nettles, Richard Smith, John Wright, David Cooper, Reuben Harris, Jones Denton, John Blainey, John Record, Russel Taber, James Howard, Jones Thompson, Isaac Massey. Maxey M. Mabrey and Elijah Bristow."
SECOND) DEED EXECUTED AFTER ORGANIZATION OF THE COUNTY.
"This indenture made and entered into this 6th day of November, A. D. 1829, between Theodorus Davis, Sen., of the county of Macoupin in the state of Illinois, for and in behalf of said county of the one part, and Rowland Shepherd in the county and state aforesaid of the other part, witnesseth : That the said Theodorus Davis, Sen., commissioner for and in behalf of the county aforesaid, for the sum of eight dollars to him paid in hand, doth hereby acknowledge, have given, granted, bargained, sold, conveyed and confirmed, and by these presents doth give, grant, bargain, release, convey and confirm unto the said Rowland Shepherd and to his heirs and assigns forever a certain lot piece or parcel of ground situate, lying and being in the town of Carlinville on Main street, and known and desig- nated on the plan of map of said town by lot number seventy-one with the ap- purtenances. To have and to hold the aforenamed and described lot, piece or parcel of ground seventy-one in the town of Carlinville, aforesaid, together with all and singular the appurtenances, privileges, advantages, profits and emoluments belonging to it, or in anywise or degree appertaining to the same, to the said Rowland Shepherd, his heirs and assigns forever. And the said Theodorus Davis, Sen., commissioner for and in behalf of said county, doth covenant, promise and agree to and with the said Rowland Shepherd, his heirs, etc., that he, the said Theodorus Davis, Sen., commissioner as aforesaid for and in behalf of the Vol. 1-6
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HISTORY OF MACOUPIN COUNTY
county aforesaid, will forever warrant and defend the right and title of said above named and described lot, piece and parcel of ground to the said Rowland Shepherd and to his heirs and assigns forever, to his sole and only proper use, benefit and behoof, free and clear of and from the claim or claims of all and every person or persons claiming or to claim the same or any part thereof. In testimony whereof he, the said Theodorus Davis, Sen., commissioner aforesaid for and in behalf of said county, hereunto sets his hand and seal the date above written interlined before signed.
THEODORUS DAVIS, Sen. (SEAL).
"Attest :
JOSEPH BOROUGH, EZEKIEL GOOD."
Below are given as of interest to all some of the first papers on record.
FIRST DIVORCE CASE, AUGUST TERM, 1831.
"Nancy Sweet vs. Henry S. Sweet-For Divorce.
"This day came the complainant, by James Semple, her attorney, and the de- fendant not appearing according to the order of this Court, the complainant's bill is taken for confessed, and the Court having heard the evidence on the part of the complainant, and being satisfied that the allegation of two years' absence of the said complainant's bill was true, and the Court being now sufficiently advised of and concerning the premises, do order, adjudge, and decree that the bands of matrimony heretofore existing between the said parties be, and the same are hereby dissolved.
"It is further ordered that said complainant pay the costs of this suit."
FIRST NATURALIZATION.
"At the April term of Court A. D., 1834, Thomas S. Gelder makes his writ- ten application to be naturalized, files his declaration, and takes the oath prescribed by law, in open Court, which is ordered to be filed."
As will be observed from the above, Captain Gelder was the first person to become a naturalized citizen in the county.
FIRST WILL UPON RECORD (1837).
James Breden, executor, placed it on file in 1839:
"I, John Murphy, of the county of Macoupin, in the State of Illinois, do make and publish this my last will and testament in manner and form following; that is to say: First. It is my will that my funeral expenses and all my just debts be fully paid. Second. I give, devise and bequeath unto my beloved wife, Sally Murphy, in lieu of her dower, the plantation on which we now live, containing about thirty acres, which is bounded as follows: that is to say, beginning on the northwest corner of the north quarter of section No. twenty-nine, in township eleven, north of range eight, west, running east eighty poles, thence north sixty
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poles to the beignning, and the northeast quarter of the southeast quarter of section No: thirty, township No. seven, north range eight, west of the third principal meridian, and the southeast quarter of the northeast quarter of section No. thirty, township No. seven, with range No. eight, west of the third principal meridian, containing about forty acres each, during her natural life, and all the live stock, horses, cattle, sheep, hogs, by me now owned, or which I may own at the time of my death. And, also, the household furniture and other items not particularly named in this will, during her natural life as aforesaid, she, however, first disposing of a sufficiency thereof to pay my just debts as aforesaid, and at the death of my said wife all the property hereby devised or bequeathed to her aforesaid, or so much thereof as may then remain unexpended, to my grandson, Levi Murphy, and to his heirs and assigns forever. Provided, how- ever, that if my grandson, Levi Murphy, should die without any heirs, then it is my will that so much of the above named property as is not expended of by the said Levi Murphy at his death to go to my adopted son, Henry Anderson, and to his heirs and assigns forever. And, lastly, I do hereby constitute and appoint my said wife, Sally Murphy, and James Breden, to be the executors of this my last will and testament.
"In testimony whereof I have hereunto set my hand and seal, this twelfth day of August in the year of our Lord one thousand eight hundred and thirty- seven.
"JOHN MURPHY (SEAL.)"
"Signed, published and delivered by the above named John Murphy, as and for his last will and testament, in our presence, who, at his request, signed as witnesses to the same.
"ISAAC BREDEN,
her .
"LOUISA X BREDEN."
mark.
FIRST (AND ONLY) LEGAL EXECUTION.
Aaron Todd and William Todd were citizens of Indiana. On the 26th day of January, 1840, they were traveling toward Indiana from the west, and in their company was their cousin, Larkin Scott. Near Elm Grove, in this county, Larkin Scott was murdered by the brothers for the small sum of money he had with him-some $26. He was killed by repeated blows from a bludgeon, dealt by Aaron Todd. The corpse of the victim was a few days thereafter found on the prairie, and the officers of the law set themselves to work to discover and apprehend the murderers. James C. Clack, a constable of Elm Grove, was especially active in ferreting out the perpetrators of this heinous crime, and the brothers, Todd, were apprehended in Indiana, and brought hither for trial. They were tried and convicted. William Thomas presided on the bench. The de- fendants being too poor to employ counsel, the court assigned as their attorneys Francis H. Hereford, Josiah Fish, John A. Chestnut and John M. Palmer. The jurors were: Amos Snook, Achilles Tongate, Joseph Huddleston, Jeremiah Suiter, Fountain Land, Moses True, Thomas Hughes, Travis Moore, Thomas J. McReynolds, Jacob Kinder, Joseph Phillips and Aquilla P. Pepperdine.
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The state's attorney being absent, the court appointed David A. Smith as attorney for the people during that term of court. The trial began on the 5th of May. The verdict of the jury was that Aaron Todd was guilty of murder in the first degree, and on the 8th, Judge Brown sentenced him to be hung on the "2d day of June next, and that on that day, between the hours of twelve o'clock M. and four o'clock P. M., the said Aaron Todd be taken and conveyed to some convenient place within one mile of the court house in Carlinville, and then and there he hung by the neck until he be dead, for the offence of the murder whereof he stands convicted by the jury aforesaid; and the court doth further order that the sheriff, by himself or deputy, execute the order."
The verdict fixed the punishment of William Todd at two years in the pen- itentiary. On the 8th, an arrest of judgment was entered in the case of William Todd. He finally came clear.
The news that a man was to be hung on the 2d of June spread far and wide, and when the day arrived that the sentence of the court was to be executed, not less than 8,000 people had gathered in the county seat. The scaffold was erected south of West Main street, below the depot. Major Burke officiated in person. Dr. John Logan, colonel of the Forty-fourth regiment of militia, had five hundred of his men in line for the preservation of order. The execution was witnessed by an immense concourse of people. Todd met his fate bravely and with resignation. Two weeks before, he made a profession of religion, and died in the hope of a better life. He was buried on the west side of the burying ground, at some distance from the other graves. Some days after his remains were interred, they were exhumed, and his head and one arm were severed from the body and 'taken away.
FIRST TAVERN.
At the county commissioners' court held at Carlinville, March 1, 1830:
"On motion of William S. Holton he is allowed to keep a tavern at his own house in the county of Macoupin, for the term of one year from this date, he having executed bond with Tristram P. Hoxey, as required by law, in the sum of one hundred dollars, and the said William S. Holton having also paid a tax, one dollar and fifty cents being the amount of tax assessed on said stand by the court.
"It is considered by the court that the following be tavern rates for the year 1830, viz :-
"Breakfast, dinner or supper for one person. 25 Horses for single feed 121/2
Horse per night or day 25
Lodging per night for one person 61/4 Whiskey per half pint 121/2
Rum, Wine or French Brandy per half pint 25 Cider or Beer per quart 121/2
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"And the several tavern keepers are authorized to receive the foregoing rates and no more."
COPY OF FIRST TAVERN BOND €
"Know all men by these presents that we, William S. Holton and T. B. Hoxey, are held and firmly bound unto Ninian Edwards, Governor of the State of Illinois, and to his successor in office, in the penal sum of one hundred dollars, lawful money of the United States of America, for the payment of which said sum of money well and truly to be made, we, and each of us, bind ourselves and heirs, executors and administrators jointly, severally and firmly, by these presents. Sealed with our seals, and dated this first day of March, A. D. 1830.
"The conditions of the above obligations are such that whereas the above bound William S. Holton hath obtained license and permission from the county commissioners' court of the county of Macoupin, State of Illinois, to keep a tavern or inn, at his own house in the county aforesaid, for the term of one year, from this date: Now if the said William S. Holton shall at all times be of good behaviour, and observe all the laws and ordinances, which are or shall be made, or be in force relating to innkeepers or tavernkeepers within the state, and further that he will at all times keep meat and lodging for at least four persons, over and above his common family, and stabling and provender for their horses. Then this obligation to be void, else to remain in full force and effect.
"Attest
T. P. HOXEY.
W. S. HOLTON T. P. HOXEY. (Seal)"
ROADS.
At a special meeting of the commissioners' court held at the house of Ezekiel Good in August, 1829, sundry voters petitioned that a road should be laid out from Carlinville towards Jacksonville, as far as the county extended; at the same time other voters petitioned a road should be made from Carlinville toward Car- rollton. Both petitions, it will appear, were successful, from the following:
"At a commissioners' court, begun and held at the house of Ezekiel Good, in and for the county of Macoupin, on Monday, the seventh day of December, A. D. 1829.
"Present Theodorus Davis, Sr., and William Wilcox, Commissioner.
"The viewers appointed by the last term of this court to view and lay out a road from Carlinville (as far as this county extends) in a direction to Jackson- ville on the nearest and best route, made return of their proceedings, to wit : That said road as viewed by them, begins at the north end of Broad street, thence in a northwestern direction through the head timbers of Hurricane creek, thence to the north fork of Macoupin, and crossing the same near Reuben Clevenger's farm, thence pretty much in the same direction to Lewis Solomon's farm, run- ning on the northeast side of the same, and thence to the rock ford on Apple creek in Morgan county, which said report is approved and accepted by the court,
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and said road is ordered to be opened and kept in repair, and when opened to be a public highway and subject to all the laws and regulations of other highways.
"The viewers appointed by the last term of this court to view and lay out a road from Carlinville to this county line, to pass by Bear Creek Point, thence to Daniel Deadrick's house, thence north of Norris Hayes' in a direction to Carroll- ton, made return of their proceeding, to wit: That said road after being viewed by them, was deemed necessary and proper, and that the same begins at the west end of Main street, and is designated by staking the prairies and blazing the timbered land through which it passes agreeably to the order of said court, which said report is approved and accepted by the court and said road ordered to be opened, to be a public highway and subject to all the laws and regulations of other highways.
"Viewers for the Jacksonville Road.
"Joseph Borough, John Love and Russel Taver. $8,3712 cost of survey.
"Viewers for the Carrollton Road.
"Samuel Lear, Ezekiel Good and Daniel Deadrick. $6.7512 cost of survey."
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CHAPTER IV.
TOPOGRAPHY.
MACOUPIN IS CLASSED AS ONE OF THE SOUTH-CENTRAL COUNTIES-THE COUNTY AN OBLONG SQUARE-ORIGINALLY OF PRAIRIE AND UNDULATING-SOIL-GRASSES -TIMBER-MOUNDS, ETC.
Macoupin county lies directly north of the 39th parallel of latitude. It is classed as one of the south-central counties. The meridian of 15° west longi- tude from Washington passes through almost to the center of the county. It is thirty-six miles from north to south, and twenty-four miles from east to west, measured in section lines, and contains an area of 864 square miles or 552,960 acres. It is bounded on the north by Morgan and Sangamon counties, east by Montgomery, south by Madison, west by Greene and Jersey counties.
-Carlinville, the capital of the county, situated near the center, is distant from Chicago, 223 miles, and from St. Louis, 57 miles.
- Form-In form the county is an oblong square, and is divided into twenty- four congressional townships, and into twenty-five municipal township or voting precincts.
Population-The population of the county, according to the census of 1910, is 50,685, and is composed of persons of English, Irish and German extraction, with a few colored persons.
Land Surface-The land surface is divided between timber and prairie, the greater part being prairie. The surface is rather undulating. There are occasion- ally small hills or bluffs adjacent to the streams, principally along the Macoupin creek and its tributaries. The county is a portion of what has been happily termed the "Grand Prairie of the West," which extends to the heavily timbered regions of the sluggish Wabash on the east, to the pine clad Rocky Mountains on the west.
The greater portion of the county consisted originally of prairie. Concerning the causes that produced the vast treeless plains, various theories have been ad- .vanced. The more plausible one is that the prairies were "formed under marsh- of conditions unfavorable to the growth of forests, and that these marshes in the course of time became dry, either by the subsidence of the waters or ele- vation of the land."
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Waters-It is watered by several streams; the Macoupin creek is the largest. It rises in Bois de Arc, Montgomery county, and runs in a tortuous and meander- ing southwestern direction through the county, and leaves it on section 6, Ches-
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HISTORY OF MACOUPIN COUNTY
terfield township; this with its numerous tributaries drains the largest area. The northwestern portion of the county is admirably drained by Hodges', Bear, Lick, Otter, Solomon's, Joe's and Apple creeks. These with their tributaries drain about nine townships or 217,360 acres of land. The south and southeast por- tion of the county are drained by Cahokia, Sweet and Indian creeks, and the streams running into Wood river. Each of these streams possesses its tribu- taries, so that the entire surface of the county is well watered and drained. In portions of the county good water is afforded by copious springs. The surface is higher than adjacent counties, as may be inferred from the fact that so many streams here have their source. The high grounds are the water sheds between the creeks. A few mounds exist, of which Coop's and Brush Mounds are the most noted. The natural and artificial groves, the fringed banks of the water courses, the smiling farms, with their fields of maize and grain and herds of cattle, all go to form a picture of surpassing loveliness. But little of the land is too flat for drainage, or broken for tillage, and hence the greater portion is susceptible of cultivation and affords the widest application of machinery. The climate is healthful and is a happy medium between extremes of heat and cold. The county forms part of the great maize belt of the continent and its soil is unsurpassed in fertility. It is very uniform throughout. Corn, wheat, oats, barley, rye, potatoes, flax or hemp, beans or turnips, or any other farm products yield a bountiful crop.
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