USA > Illinois > Menard County > Petersburg > Record of the restoration of New Salem, New Salem State Park near Petersburg, Illinois, 1932-1933 > Part 7
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Before beginning actual work on the ground the writer spent sev- eral days examining the abstract of title to New Salem State Park and going through the records of Sangamon County and Menard County in order that he might have at hand copies of all instruments of record which might help him to accurately and scientifically reestablish the village of New Salem. He interviewed Mr. Thos. Reep. Historian of Petersburg. Illinois, and Mr. Paul M. Angle, State Historical Librarian of Springfield, Illinois, concerning the identification and geographical locations of the several old building sites so that he might at all times have this information at hand while performing the duties which lav before him.
The following instruments of record which have a bearing upon the village of New Salem were found.
1. A plat of the village of New Salem, filed by Reuben Harrison, Surveyor, on October 23. 1829, with the Recorder of Deeds of Sangamon County, Illinois, a reproduction of which is contained herein on p. 68.
2. A deed from John M. Cameron to Samuel Hill on September 5. 1832. of part of the S.W. Quarter of Section 25. Township 18 North, Range ? West of the Third Principal Meridian, bounded and described as follows, to-wit: Beginning at the N.W. Corner of the S.W. Quarter of said Sec. 25 and running thence 81º-30' E. 109 poles to a stake. thence S. 8º-25' E. 58 poles to a stake, thence 81º-30' W. 56 poles to a stake, thence south with the west line of Lot 1 on the north side of Main Street. 9 poles to the southwest corner of said lot, thence west with said street ? poles to a stake, thence north ; poles to a stake, thence S. 81º-30' 14 poles to a stake which is the southeast corner of
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THE TOWN
OF NEW SALEM
OCTOBER 1829.
RUNNING SQUARE ACROSS THE MAIN STREET.
15. SOUTH, THAT ALL THE OTHER STREETS ARE.
TO THE PUBLIC SQUARE, FROM THENCE WEST
GO FEET IN WIDTH, AND RUNS WEST AND SOUTH
AND 115 1/2 FEET BACK, TNA " MAIN STREET IS
THAT ALL THE LOTS ARE 1151/2 FEET FRONT,
WHICH THE WITHIN IS A COMPLETE PLAT,
I DID SURVEY THE TOWN OF NEW SALEM, OF
JOHN CAMERON, ONE OF THE PROPRIETORS.
HEREBY CERTIFY THAT AT THE REQUEST OF
I REUBEN S HARRISON, SURVEYOR _. DU
STATE OF ILLINOIS )
No 6
No 5
SANGAMON COUNTY )
Copy
GIVEN UNDER MY HAND THIS 230 DAY OF
REUBEN HARRISON
A - 8.
Morrises lot. thence north with said line 16 poles to the northeast corner of said lot. thence west with said lot 32 poles to the west line of said quarter section, thence with said line 49 poles to the place of beginning. containing 36 acres, more or less.
3. A deed from Samuel Hill to Jacob Bale and Hardin Bale on December 18. 1837. of part of the Southwest Quarter of Section 25. Township 18 North. Range 7 West of the Third P. M., bounded and described as follows, to-wit: Beginning at the northeast corner of Morrises lot and running thence cast 62 poles to a stake, thence south 8 poles to a stake, thence west 52 poles to a stake, thence south 9 poles to a stake, thence 7 poles on Main Street west to a stake, thence 7 poles north to a stake. thence 14 poles west to a stake, thence 13 poles to the place of beginning. to contain 5 acres, more or less.
4. A deed from Samuel Hill to Alexander Ferguson on May 9. 1840 of part of the southwest Quarter of Section 25. Township 18 North, Range 7 West of the Third P. M .. bounded and described as follows. to-wit: Beginning at the northwest corner of the southwest Quarter of said See. 25 and running thence east 109 poles to a stake. thence south 32 poles to a stake. thence west 109 poles to a stake. thence north 32 poles to the place of beginning supposed to contain 30 acres. more or less.
The writer then proceeded to collect all existing data on the ground and to prepare a suitable study map, showing the location and names of all old building sites of evidence insofar as old building sites could be identified as such, giving to each old site the name previously agreed upon by The Old Salem Lincoln League. A careful study of this map revealed that neither the Onstot Cooper Shop nor Offut's Store could possibly lie within the platted limits of the old village unless all other old sites were improperly named, in which case either Onstots Cooper Shop or Offut's Store would be the only old site left identified. A study of the map also revealed that the old site supposed by historians to be the Herndon Brothers Store must fall within the Public Square unless the Lincoln-Berry Store and all other old sites situated in the main part of the old village were improperly identified. It also appeared evident from a study of the map and topographic conditions that the old plat of the village was improperly recorded, the relation of the Second Survey with respect to the First Survey as recorded being not only im- probable but unreasonable.
The writer attempted by actual survey and by computation to re- establish the old village from the Instruments of Record here listed but found that several errors of serious magnitude existed in each. He also found that Main Street. First Survey bears N. 84º-31' W. with the north line of said quarter section taken as east and west and that Main Street. Second Survey bears S. 82°-29' W. as the directions of said streets are defined by old building sites. The difference between the hearing of Main Street. First Survey, and Main Street. Second Survey was found to be 13 degrees as recorded but the bearing of each was found to be 7º-31' in a clockwise direction from that given on the recorded plat which would indicate quite definitely that magnetic bear- ings were used in the original survey of the village since the writer
69
PLAT OF NEW SALEM AS RE- SURVEYED IN 1932.
1.55
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3.
6.
7
10
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6
7
1
10
4
=
5
4
8
9.
CO.
MAIN
STREET ( RECORDED WEST 2. SOUTH)
13.
STREET
4.
1
4
5
8
D
12.
3.
MAIN
5
8.
9.
3.
$ 2
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6
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=
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4
WE. THE UNDERSIGNED DO HEREBY CERTIFY THAT THE FOREGOING PLAT CORRECTLY REPRESENTS A SURVEY MADE BY US DURING THE MONTHS OF AUGUST AND SEPTEMBER, 1932 OF OLD SALEM (FORMERLY NEW SALEM), 2 VILLAGE SITUATED IN THE SOUTHWEST QUARTER OF SECTION TWENTY-FIVE, TOWNSHIP EIGHTEEN NORTH, FANGE SEVEN WEST OF THE THIRD PRINCIPAL MERIDIAN; MENARD COUNTY ILL'AOIS. WE FURTHER CERTIFY THAT, TO THE BEST OF OUR ABILITY, WE HAVE RETRACED THE ORIGINAL LOT AND STREET LINES OF SAID VILLAGE AS WERE ESTABLISHED BY SURVEYS MADE DURING THE YEAR 1829 AND DURING SUBSEQUENT YEARS, SOME OF WHICH WERE FILED WITH THE RECORDER. OF DEEDS OF SANGAMONSCOUNTY, ILLINOIS.
WOOD, WALRAVEN E' TILLY, CIVIL ENGINEERS By way 4. Jully
COPY.
S
2
3
7
10.
I.
14
5 5
1155'
( RECORDED WEST 15° SOUTH'S
1
4
5
4.
2
3.
.. 4 4
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2
GO
4
40
04
found his variation to be 4º-35' in his resurvey which would correspond to about 7º-30' in 1832. there having been approximately 3° change of variation in a counter clockwise direction during the past hundred years. He therefore set about to analyze the deeds here listed as fol- lows: Of the 36 acre (more or less) traet purchased from John M. Cameron, Samuel Hill sold off to JJacob Bale and Hardin Bale on December 18, 1831 a tract of land containing 5 acres, more or less which may be interpreted to mean all that part of the southwest Quarter of Section 25. Township 18 North. Range ? West of the Third Principal Meridian heretofore conveyed by John M. Cameron to Samuel Hill on September 5, 1832, lying south of a line drawn east from the north- east corner of Morrises lot. There occurs in this deed three or more errors in distance, two of which are of serious magnitude, namely. the first and third courses. The writer concluded by analysis that the course W. 52 poles is correct and incorporated W. 52 poles in the deed from Cameron to Hill in place of the course 81º-30' W. 56 poles. On May 9. 1840, Samuel Hill sold to Alexander Ferguson a tract of land 32 poles north and south by 109 poles east and west containing 30 acres more or less. A traet of these dimensions would actually contain hut 21.8 acres. The writer therefore concluded that the north and south dimensions were in error and the intention was to convey the follow- ing tract of land: All that part of the southwest Quarter of Section 25, Township 18 North, Range ? West of the Third Principal Meridian heretofore conveyed by John M. Cameron to Samuel Hill on September 5. 1832. excepting a tract of land conveyed by Samuel Hill to Jacob Bale and Hardin Bale on December 18, 1837, containing 30 acres. more or less. This would leave but one acre in question.
Now it will be noted that the deed to Alexander Ferguson very definitely gives the direction of the courses as north, south, east and west and the writer came to the conchision that it was upon this basis that the land was purchased from John M. Cameron, the courses in the Cameron to Hill survey being intended as magnetic and not true bearings.
After extensive computations and analyses, the writer proceeded to formulate his conception of the conveyance from John M. Cameron to Samuel Hill as follows: Beginning at the northwest corner of the southwest Quarter of Section 25. Township 18 North. Range ? West of the Third Principal Meridian and running thence cast along the north line of said quarter section 109 poles: thence south 58 poles; thence west 52 poles to the west line of Lot 2. north of Main Street. First Survey; thence S. 5º-29' W. 9 poles to the southwest corner of Lot 1. north of Main Street. First Survey; thence S. 82°-29' W. along Main Street ? poles ; thence N. º-31' W. ? poles ; thence west 14 poles to the southeast corner of Morrises Lot: thence N. 2º-31' W. along the east line of said lot 16 poles to the northeast corner of said lot; thence S. 82°-29' W. 32 poles to the west line of said quarter section : thence north 49 poles to the place of beginning, containing 36 acres. more or less.
The above description was then retraced and the circuit was found to close within reasonable limits. The several streets and lots of the old
71
OLD SALEM STATE PARK ANALYSES OF DEED DESCRIPTIONS
STONE NW COR SW IN SEC 25 'TAN 4 YW OF THE 320 P.M
EAST 109 DOLES
QUARTE A_
SECTION LINE
DEED FROM JOHN M CAMERON TO SAMUEL HILL AS INTERPRETEO ANO RETHACED BY RAY U. TILLY -
S. A.U . 30'E. 109 POLES
NORTH 49 PoLes
OFFO FROM JOHN Y CAMERON TO SAMUEL HILL AS INTERPRETEN BY THOS REEP AND RETRACEO IN DART BY RAY V. TILLY.
SOUTH LINE OF 30 AC. CONVEYANCE FROM SAMUEL HILL TO ALEXANDER FERGUSON BY DEED DIMENSIONS
72
IDENTICAL LINES
SOUTH LINE OF 30 AC. CONVEYANCE FROM SAMUEL HILL TO ALEXANDER FERGUSON BY DEFD ACREAGE.
IDENTICAL POINTS PERROR OF CLOSURE A
1
5. 820-29' W 32 DOLE'S
DEED FROM SAMUEL HILL TO JACOB BALE AND MARDIN BALE,,
-IDENTICAL
1.
. IDENTICA west in pales
$ W. COR. OF LOT / BY DEED DIMENSIONS . COM .. . WAS FINALLY ESTABLISHED 108' EAST BY REASON OF OLD FOUNDATIONS
H.
4
5
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A 810- 39. W. 56 POLES
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IOANTICAL
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WEST SZ POLES
€80.25 E.58 POLES
SECTION 9₦17
9
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. S & COR OF '/OT & BY DEED DIMENSIONS . - : COM, WAS FINALLY. . .. ESTABLISHED ₦ 25:35 ."W 34 BY REASON OF OLD FOUNDATIONS ..
IDENTICAL
$ 82:29 7. POLES IDENTICAL
MAIN STREET
MAIN STREET
- RETRACEMENT DISCONTINUED NIKE DUE TO EVIDENT MISINTERPRETATION OF DECO
5.
8
2.
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57100 6 1 62355
IDENTICAL -
-
-57117700112012
-- ERROR. OF CLOSURE " S. GOº E 8 8
N.
I.101 BS HINOS
13
INTICA
A-10.
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village could not be relocated in exact accordance with the lines of this retracement and it was found that arbitrary adjustments were necessary in order to make lot lines fit existing evidence. the results of which are clearly shown on a plat herein contained. However, it is the opinion of the writer that the corner of Morrises lot, believed by Mr. Thos. Reep, Historian, to be the southeast corner of Lot 6 north of Main Street. Second Survey, was not definitely located on September 5. 1832. and that probably the corner of an old rail fence was taken. In view of the fact that the southeast corner of Lot 6 falls on a steep hillside it is highly probable that fences were built two or three rods from the true lines due to greater ease of construction and maintenance.
In order that Onstot's Cooper Shop be kept within the platted limits of the village the writer arbitrarily added Lots 11. 12, 13 and 14 north of Main Street. Second Survey and Lots 11, 12, 13 and 14 south of Main Street. Second Survey in his resurvey of the old village. A copy of the completed plat is herein contained.
The writer does not contend that he has reestablished with a high degree of precision the village of New Salem but feels confident that the location of the several street and lot lines are correct, within reason- able limits, and that all old building sites lie within the boundaries of their respective lots.
(Signed ) RAY V. TILLY, Member of WOOD, WALRAVEN & TILLY, Civil Engineers. COPY
,
73
"THE HOUSE BY THE WELL"
Was it erected by James Rutledge or Jacob Bale ?
Up to the present time it has been generally assumed that the "House by the Well" labeled the "Rutledge Tavern" was originally built by James Rutledge and later purchased and occupied by JJacob Balo. However, some believe that this house never was the Rutledge Tavern at any time : that the tavern was farther north and slightly to the west. more or less across the street from Dr. John Allen's residence. A creditable case can be presented for each theory, with the exception that each argument has some questionable points. It seems that at this time no direct proof can be established for either side, so it resolves itself into choosing the one which contains the fewest flaws. The known or cer- tain facts will be presented first: then, each case will be presented as dedueted from these facts and finally a summary, explaining our deci- sion. The known facts are as follows:
1-John Camron entered the tract of land upon which New Salem was located-July 29. 1828.88
2-John Camron and James Rutledge were granted permission to erect their dam across the Sangamon River January 22, 1829.89
3-The town was surveyed into lots by Reuben S. Harrison and the plat of survey was recorded October 23. 1829.88 ( Harrison un- doubtedly did his field work during the late summer months of 1829.)
4-The west 66 feet of lots 5 and 6, south of Main Street. first sur- vey. was sold to Nelson Alley. November 26. 1832. for $200.00.90 (This indicates that one of the lots was improved with a cabin. Which lot was improved is not definitely known.)
5-The west 65 feet of lots 5 and 6 (first survey south of Main Street) was mortgaged by Nelson Alley to Bell and Tinsley for a consideration of $453.85. May 6, 1833.91
6-Nelson Alley sold the east half of lot 6, south of Main Street. first survey. to Jacob Bale. January 18. 1832.90 (Nelson Alley's purchase of this half lot was not recorded.)
"-It is certain that the Bales lived in this "house by the well". that it was the last house to remain, and its occupants, before it was abandoned. were the Bales.
8-The exact location of the cold cellar of this "house by the well" is known. (The ground west of this cellar was excavated for
58 County Records.
4 State Records.
90 County Records.
91 County Records. The deed of the same property establishes the east and west direction as 66 feet. There was a 40-acre farm included with these lots and house as collateral. This explains why the consideration is $253.85 more than paid for the property. See "known facts" No. 4.
signs of the old house foundations, to accurately determine its size and location, but no traces were visible.
9-Most of the house lies on the west half of lot 6. Since the exact location and size of house is not definitely known, it is impossible to fix how much of the house oceurs on the west half lot. The proportion varies from 67% to 58%. depending on the possible variation of the lot lines. With the lot lines as established, 67% of the house oceurs on the west half of lot 6. (See diagrams 1 and 2.)
Argument No. 1 that the "house by the well" was erected by James Rutledge
In brief. this argument is based on the following facts and assumptions :
(a) The road crossed the hilltop before the town was surveyed.
(b) The road crossed lot 5 (the supposed location of the Tavern ac- cording to the opposing argument).
(c) Rutledge and Camron had confidence that the Legislature would grant them permission to build the dam, and built their homes during the summer and fall of 1828. (The town was surveyed during the summer of 1829.)
(d) Rutledge did not locate his house within lot lines, but determined the site by making the best use of the prevailing natural condi- tions, and located the house with reference to the road.
(e) Alley bought the Tavern and enough lot frontage on Main Street. to contain it. which was assumed at 66 feet. (See No. 4 of "known facts.")
(f) Two. maps show both a "Tavern" and "Bale House" and this is interpreted as showing the first "Bale House" or where Jacob Bale lived before he moved into the Tavern.
The above facts and assumptions will now be discussed in detail.
(a) It is quite certain that the old Springfield-Havana road crossed this hill before the town was surveyed. This seems probable be- cause there was traffic between Springfield and Havana, and it doesn't seem logical to suppose that the founding of the little town of Now Salem was important enough to create a road south from there to Springfield. and another north from there to Havana and Chandlerville. It also seems probable that the location of the Springfield road entering the town from the south, determined the sizes of lots and number of lots and widths of the cross streets. contained within the distance from the road to the bluff at the cast edge of town.
(b) Old roads followed the line of least resistance and aimed to be the shortest distance between two points, and usually were, provided no obstructions forced them to change their natural course. After this "Springfield road" from the south reached the hill top its object was to reach the ravine. (at that time it was shallow) to run east and west and thence north. It was natural for it to change its course from north to east in an easy curve. Before this west end of the ravine was filled in a few years ago, to make a bed for the present road. there were two branch ravines at the western portion of it. One branch ran east and
75
SAM NILL RESIDENCE
BERRY- LINCOLN STORE
NILL THE WALKER STORE
4
5.
4.
1
MAIN STREET
POSITION
OR ALLEM RESIDENCE
1 1
> POSITION 8
1
4
5.
8
PRESENT REPLICAS
- COLO
CELLAR_
HOUSE By THE WELL
1
3.
6.
7.
THAIF LOT LINE
57.5*
4 66 LINE
HOUSE BY THE WELL LOCATION : WEST HALF OF LOT #G > 67% EAST HALF OF LOT # G = 33 %.
"POSITION A" OF RUTLEDGE TAVERN SHOWS POSSIBLE POSITION FARTHEST NORTH ON LOT # 5. SOUTH OF MAIN STREET
WEST OF EG FEET LINE= 88% EAST OF GG FEET LINE = 12 /·
E
"POSITION 8" SHOWS HOW TAVERN NIGHT HAVE BEEN IN LINE WITH DR. ALLENS RESIDENCE
MAP SHOWING LOCATION OF "HOUSE BY THE WELL" WITH LOT LINES AS ESTABLISHED SCALE :/= 50 FT.
DIAGRAM No. 1. .
N.
NOTE: "PRESENT REPLICA" WIS ERECTED BY THE OLD SALEM LINCOLN LEAGUE IN 1918.
76
west, and was a continuation of the large ravine itself, and another ran in a northeast-southwest direction. The latter was almost entirely filled in by the State so that the present road could cross it. An examination of the site leads one to believe that the road from Clary's Grove ( west of New Salem) entered the west ravine, and the road from the south curved around and entered the ravine since filled in. During the past one hun- dred years these ravines have grown deeper and all signs of the roads have been washed away: however, the evidence seems to point to the fact that.these two branches were started by the two roads, and grew as time passed. This curve in the road. as it turned over the hill, crossed what is now known as lot 5. first survey, south of Main Street. Mr. Reep informs us. that at the time of the investigations in 1918. Mrs. Louisa M. Clary, daughter of Henry Traylor who moved into Dr. Allen's home in 1840. told the "committee on sites" that the ravine (since partially filled in) was caused by the curved road entering the large ravine. He said she answered their question regarding the history of these ravines without hesitation. It doesn't seem possible that im- pressions formed at the age of eight years could have been retained all those years. Yet so much of her information later proved to be correct. we can hardly doubt her statements regarding this road.
(c) That Rutledge's home was built before the town was surveyed is based on the assumption that they must have had confidence that the Legislature would grant them permission to erect their dam. This per- mission was granted them January 22, 1829.92 We have searched the records for licenses to erect dams issued prior to the New Salem permit. The first case dated back to 1817. Seven cases were found preceding the New Salem permit. Six of these cases are complete, and the other is incomplete. But in no instance did we find a case in which permission was refused. The Fifth General Assembly approved "'an act to authorize the building of mill dams across the Sangamon river." February 14. 1822.93 Rutledge and Camron, knowing that there was a law which would permit them to build a dam across the Sangamon River, and having heard of no refusal of an application to build a dam in the State of Illinois, must have felt sure their application would be favorably con- sidered and proceeded to build their homes immediately after entering their land.
(d) Having the road established as it crossed the hilltop, and believing Rutledge and Camron had no fear that plans of their dam and mill would be thwarted by the Legislature, we continue. In choosing sites for their homes Rutledge preferred the hilltop and built his cabin at the bend in the road. (See diagram No. 1.) Camron chose the hill- side to the southeast and the shelter it afforded against the cold winds. Rutledge located his cabin with reference to the road and the surface contours only since the layout of the town was unknown at this time.91
92 State Records. Revised Code of Laws of Illinois-Vol. 1829, P. 132.
$3 Laws of Illinois, 1826-27, P. 27.
94 Perhaps Rutledge planned to obtain a tavern license and open his house to travelers and chose the site by the curve of the road for commercial reasons. We believe for reasons explained later in 'G' that Rutledge built the existing cellar. The walls of the cellar are not parallel with the lot lines. All other houses in the town are parallel with the lines and show that when located, they were guided by the lot lines. It is reasonable to suppose that the cellar and tavern were built on approximately parallel axis lines and since the cellar is "off-line" with the lots we believe the house was erected before the town was surveyed.
RESIDENCE
BERRY-LINCOLN STORE
4.
NHtMc NAMAR STARE
9
5.
8.
.
MAIN STREET
OR ALLEN RESIDENCE
2
4
5.
8.
PRESENT REPLICA
COLD CALLAR
HOUSE BY THE WELL
6.
7.
WELL
7 HALF LOT LINE
53.5"
JEG LINE
HOUSE BY THE WELL LOCATION : WEST HALF OF LOT # G= 58% EAST HALF OF LOT #G= 42 %
WEST OF CC FEET LINE = 79 /. EAST OF CC FEET LINE = 21 %
W.
- E
MAP SHOWING LOCATION OF "HOUSE BY THE WELL" WITH EAST LINE OF LOT # 4 TWO FEET FROM DR. ALLENS HOUSE SCALE : [= 50 FT.
DIAGRAM No. 2.
78
3.
N
This house was undoubtedly erected during the late summer and fall of 1828. The town was surveyed during the next summer (1829). and recorded October 23, 1829. When the survey was completed Rutledge found his house was on the western portion of lot 6, first survey, south of Main Street. (See "known facts" No. 9.)
(e) The town began to grow, and in November. 1832. Nelson Alley offered Rutledge $200.00 for his house and land. He bought enough frontage on Main Street to include the house to the south on lot six. (For unknown reasons the house was not entirely on this 66 feet but the east end extended over it a few feet.) They probably stepped off the distance or made some other mistake in their measurements.95 The original site was recorded in the name of John Camron. so Rutledge had Camron deed the property to Alley. Alley probably wanted lot 5 also. believing that in the future when New Salem was to become a thriving village and perhaps even a city, this would be a valuable corner lot. Rutledge then moved out. either very late in 1832 or early in 1833. Camron left the town later. in the fall of 1833, or spring of 1834.
(f) Jacob Bale arrived in New Salem possibly as early as 1835 or 1836, and perhaps took over his duties at the mill and moved into Camron's empty house. The house probably went along with the mill in the bargain. Bale rented or bought the mill from Camron. If the latter. the transaction of the sale was not recorded until 1841. ( Reep's Lincoln at New Salem, page 117.) T. G. Onstot and Mrs. Samuel Hill show a "Bale House" cast and slightly south of the Tavern on their maps of New Salem. This would lead us to believe that Jacob Bale might have first moved into the old Camron cabin or some other cabin east of the Tavern. Mrs. Samuel Hill made a map of the town which shows both a Tavern and a Bale House. Onstot perhaps got his in- formation from this map or perhaps talked to old settlers who did know of these two houses.96 Mr. Thomas P. Reep recalls his investigations in 1918. and is almost certain that some one told him the Bales first lived in Rowan Herndon's house near the east bluff. It is possible Jacob Bale lived there for a period.97 The point is, that two maps show the Bale House. and at the same time, show the Tavern. They may have been mistaken in locating them to the proper scale on their maps, as most people not familiar with drawing to scale might do, but they convey the thought that there was a "Tavern" and a "Bale House". For reasons previously stated, we believe these maps represent the first Bale House, before he moved into the Tavern.
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