Chapter IX

SEC. 2. For the purpose of fixing the permanent seat of justice of said county, the following persons are appointed commissioners, to wit: John Hopton, Easton Whiton, and William L. D. Ewing, who, or a majority of them, being first duly sworn befor e some justice of the peace of this state, faithfully to take into view the convenience of the people, the situation of the settlement, with an eye to future population, and the eligibility of the place; shall meet at the house of Barnet Bone, in said cou nty, on the first Monday of April next, and proceed to examine and determine on a place for the permanent seat of justice of said county, and designate the same: Provided, The proprietor or proprietors of said land shall give to the county for the purpose of erecting public buildings, a quantity of land, not less than twenty acres, to be laid out in a square form, and divided into lots of a convenient size, and sold for the purpose of erecting public buildings in said county; but should the proprie tor or proprietors refuse to make the donation its aforesaid, then, in that case, it shall be the duty of the said commissioners to fix on some other place for the seat of justice, as convenient as may be, to the place first selected: Provided, The proprietor or proprietors of the land, shall make a donation of twenty acres of land to be laid out as, above provided for: which. place, when so fixed upon, shall be the count seat of said county.

The said commissioners shall certify, their proceedings to the next county commissioners court, to be held in and for said county; which court shall cause a record thereof to be made in their books.

SEC. 3. Until public buildings shall be erected for the purpose, the courts shall be held at the house of Barnet Bone, in said county.

SEC. 4. An election shall be held at the house of the said Barnet Bone, on the second Monday of April next, for one sheriff, one coroner, and three county commissioners for said county; who shall hold their offices until the next general election, and unt il 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 present, three qua lified voters to act as judges of said election, who shall appoint two qualified voters to act as clerks.

SEC. 5. It shall be the duty of the clerk of the circuit court of said county, to give public notice at least ten days previous to the election, to be held on the second Monday in April next; and in case there shall be no clerk in said county, it shall be the duty of the recorder, or any justice of the peace residing within the limits of said county, and commisioned a justice of the peace for the county

*A law was passed by the Legislature, and approved by the Governor, Feb. 26th, 1830, taking off from the west side of Shelby county, townships eleven, twelve, thirteen, and the south half of fourteen north, range one, east of the third P. M., and the same went to form a part of "Dane," now Christian county. (The said townships are better known to the reader as Pana, Assumption and Prairieton.) At the session of the Legislature in 1842-3, about five townships in the north-cast part of the c ounty, were taken to form a part of Moultrie county. The majority of the citizens of Shelby county willingly assented to the passage of the above Acts. The reader by referring to the outline map in this work, will be able to see the area of territory gi ven to form part of Moultrie County. The majority of citizens of Shelby county willingly assented to the passage of the above Acts. The reader by referring to the outline map in this work, will be able to see the area of territory given to form part of Mo ultrie county.

of Fayette, to give notice of the time and place of holding said election.

SEC. 6. The citizens of the said county of Shelby are hereby entitled in all respects to the same rights and privileges, as are allowed in general, to the other counties of this state.

SEC. 7. The commissioners appointed to locate the seat of justice of said county of Shelby, shall receive the sum of one dollar and fifty cents per day, for each day by them necessarily spent in discharging the duties imposed on them by this act, to be al lowed by the county commissioners' court, and to be paid out of the treasury of said county.

SEC. 8. All that tract of country lying north of the aforesaid county of, and within the present boundaries of the county of Fayette, shall be attached to the said county of Shelby until otherwise provided by law; and for members of the general assembly, said county of Shelby and the attached parts thereof, shall vote with Fayette, Bond, and Montgomery counties; and the clerks of the counties of Bond, Fayette, Montgomery, and Shelby, shall meet at Vandalia, the county seat of Fayette, to compare the numbe r of votes given for senator and representatives to the general assembly, and sign the necessary certificates of election at Vandalia, and forward the same to the person or persons entitled to such certificate of election.

SEC. 9. The county seat of Shelby county, when established, shall be called Shelbyville.

SEC. 10. The north half of township nine north, range one west, all of townships ten, eleven, and twelve, north, range one west of the third principal meridian, shall be attached to the county of Montomery; and the citizens within the tract of country ab ove described shall have the same rights and privileges as the citizens of the county now, or shall hereafter have.

SEC. 11. The said county of Shelby shall be, and is hereby attached to the second judicial circuit.

This. act to take effect from its passage.

Approved, January 23d, 1827.

NINIAN EDWARDS, Governor.

The location made by the commissioners, appointed to fix the county seat of Shelby county, was received by the court and ordered to be entered upon record. Which reads as follows:-

State of Illinois, Shelby County We, the undersigned commissioners, appointed under the authority of the Act creating Shelby County, to locate the seat of justice for the same, being sworn as required by said Act, did meet at Barnet Bone's at the time specified in said law, and from thence proceeded to examine the country, with a view to the selection of a proper and suitable site for said seat of justice, and having satisfied ourselves upon the subject, do unanimously select and agree upon the E. 1/2 of S. E. 1/4, of Section 7, Town 11 North, Range 4 East, as the tract upon which the town of Shelbyville shall be placed.--The public square.--A hickory stake which the said commissioners drove down on said tract, standing betwe en three red oaks--one at the distance of five paces in a northwest direction, one five paces in a north-east direction, and the other four paces in a south-east direction.

Given under our hands this fifth day of April, 1827.

EASTON WHITON, WM. LEE D. EWING, JOHN HOPTON,

Commissioners

Whiton received six dollars for four days services for locating county seat.

The above tract of laud has been entered in the land office at Vandalia, by Robt. K. McLaughlin, James M. Duncan and James T. B. Stapp, who have severally agreed to make collectively the donation required by law. April 5, 1827.

WILLIAM LEE D. EWING.

State of Illinois, Shelby County Be it remembered, that on this day personally came before William Hall, Senr., a Justice of the Peace, in and for said county, John Hopton, Easton Whiton and William Lee D. Ewing, commissione rs under the law, creating Shelby county, to locate the seat of justice for the same, and took the necessary oath required by said law.

Given under my hand this 2d of April, 1827.

WILLIAM HALL, SENR., J. P.

Jonathan C. Cawley, William Scribner, Rollo Calvert, L. S. Mosley, John Harris, Reuben Milton, Daniel Hoffrnan, Abraham Tetricks, Rufus Immond, Richard Thomason, William Thomason, Robert David, Barnet Bone, Samuel Little, William Little, Senr., Sharp Whit ley, William Bone, Charles Miller, Senr., John Walker, Lloyd Lee, Henry Smith, Nathaniel Hambleton, Daniel Price, Robert Duncan.

Across the Kaskaskia River in Shelby county, was established by the commissioners' court, Dec., 1827.

On motion of Elias Miller to keep a ferry on the Kaskaskia River east of Shelbyville, it is granted him, on the said Elias Miller entering into bond in the penal sum of two hundred dollars, with Shelton Allphin his security, and that the said Elias Miller paying in the county treasury the sum of two dollars for the first year's tax, and the following rates to be established, viz. :

The value of good roads to a nation and country can hardly be overestimated. They are evidences of a high civilization. Savages make no roads, and build no bridges, and it is only at the bidding of civilized man that the beautiful arch springs across the stream. A great people are road builders; and Rome retained sway over her conquered and remote provinces by means of the magnificent highways that radiated from her gates.

When the first settlers came, it is unnecessary to say that no roads existed. The wild Indian pursued his journey alone, the trail that had first been marked over the waste by the footsteps of the buffalo. Since that distant day much has been done to pr ovide roads along which products travel to the place of shipment; but the condition of our roads even now is far from being satisfactory. Business languishes a portion of the year, owing to the execrable state of the roads. Let the roads be improved, and our farm interests--the really important ones of a nation or a community -- will grow apace. Our soil is so deep, and the surface so generally level, and the consequent difficulty of making good roads so great, that the people seem to think they are not possible unless macadamized. But this is not true. What is wanted is an improved system of road supervision and drainage.

The following extract from the records shows that the importance of good roads was appreciated by the early settlers. At a special meeting of the commissioners' court, held at the house of Barnet Bone, sundry voters petitioned that a road should be laid out from Shelbyville to Springfield; also, from Shelbyville to Terre Haute. It was, therefore,

Ordered, "On the petition of Wm. Hall and others, to view a road leading from Shelbyville to Springfield, as far as the county line extends that way; also, from Shelbyville to Terre Haute, on the Big Wabash, they having deposited money in the clerk 's hands to defray the expenses of the reviewing.

It is ordered by the court that the same be granted them and that Shelton Allphin, Robert Daniel and Jacob Elliott, be appointed reviewers, and that they make return of their doings to the next court."

"Furthermore, I the said Valentine, and Nancy his wife, for ourselves, our heirs, executors and administrators, do covenant and engage the above-demised premises, to him, the said Jesse B. Combs, his heirs and assigns forever, against the lawful claims an d demands of any person or persons whatsoever, forever hereafter, to warrant, secure, and defend by these presents.

"Witness whereof we set our hands and sels this eleventh day of February, A.D., 1828. Signed, sealed and delivered

"In presence of

"JOSEPH OLIVER.

his "VALENTINE X. BRAZELL. mark. her "NANCY X. BRAZELL." mark.

The above is certified as being correct by Joseph Oliver, Clerk.

Resolved, That the drawings as submitted must be furnished by the tenth day of September, 1879, and must be accompanied by estimates of all the work and material necessary in the construction of the proposed building, made sufficiently in detail to enable the board of supervisors to verify them, and approximate closely to the probable cost, and accuracy in detail in this respect will be regarded as important in determining the award of the premiums.

"Resolved, That a premium of one hundred and fifty dollars ($150) shall be awarded and paid to the drawings and elevations second in merit, the board of supervisors reserving the right to use any part of said plans and specifications of second in m erit for and in consideration of said award of one hundred and fifty dollars ($150).

"Shelbyville, Ill., Aug. 8, 1879.

(Signed)

"Wm. M. WRIGHT, "HARMON KELLEY, "SKELTON BIRKETT, SR. "NELSON NEIL, *"W. A. CARLISLE.

* W. A. Carlisle died, and T. J. Graybill was appointed to fill his place.

A view of the elegant structure, which is purely classic, may be seen on another page of this work; and believing a brief description would not be out of place, we append the following:-

The new court-house will be a model and beautiful structure. It is built of brick, magnesian limestone, and iron of choice and elegant design. It is thoroughly fire-proof throughout.

For the purpose of giving the reader a better and more correct idea of the structure, we give a succinct statement of its dimensions and a description of the material that entered into its construction.

The building is rectangle, 110 feet in length by 76 feet in breadth. The height from the cornice to the ground line is 58 feet. From the apex of the dome to the foundation it is 124 feet. Each story of the building is anchored not only to its own walls but to the walls of the other stories. There are four handsome pavilions, 16 feet square and 16 feet high, above the eave. These are situated on each corner of the building, with bulls eye windows on each side. The pavilions and dome are constructed of brick and iron, and roofed with slate, and surmounted by iron crestings of beautiful and artistic desire. The general outside finish of the building, is St. Louis pressed brick, with Joliet and Bedford ston e trimmings. The cornices are of galvanized iron. The basement is all stone and the floors are constructed of marble tiling, laid on masonry and iron girders. There are two main entrances to the building, one on the north and one on the south side.

The south side is the principal entrance, and is reached by broad, handsome stone steps. The dome begins at the base line and runs up through the centre of the building.

The pediments rest on four columns of stone, of handsome and elegant pattern. The bases and capitols are of Bedford stone, and the shafts of Joliet limestone; the height of each column, base and capitol is twenty-three feet. The front pediment has a gre ater projection than those on the side, and there are eight columns upon which it rests. The front columns start at the basement story above and in front of the main entrance. On the second story are two niches, in which are placed statues of the Goddess of Liberty and of Justice.

Mr. O. H. Placey, of Chicago, is the architect, and Thomas and Hugh Caldwell, of Ottawa, Ill, are the contractors.

The citizens of Shelby county may well feel proud of this elegant and valuable structure. Alike is it creditable to the foresight and energy of the men who inaugurated its construction; and it will remain as a monument to their enterprise years after the y have passed away.

Probably more credit is due to Hon. Wm. M. Wright than to any other one citizen of the county. As chairman of the committee on construction he has given much of his time and attention to the forwarding of the work, and has guarded jealously the interests of his constituents, though proper credit is also extended to other members of the committee.

The contract calls for the completion of the building December 1st, 1881, and when finished it will be one among the handsomest and most substantial in the State.

Beside this building a frame one was erected 22 feet long by 20 feet wide, the same height and under same shingle roof. It was weather boarded, and had one door in the south side, with windows on each side of the door, and two windows in the west side. Th ere were twelve light windows with 8 by 10 glass. There was also a plank partition across the frame building, with a door in the partition, and the floors laid down with plank. This was the jailor's residence. Stair steps to commence at the partition of t he log building between the log wall and said partition running north up to the upper floor of the log building, the steps to reach from the wall to the partition. A brick chimney stood on the north side, with one fire-place below. The whole was to be bui lt of durable timber, and finished in a workmanlike manner. The building being completed in 1840, the contractors received $745, costs of the same.

Judge

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The following persons were sworn and charged of the grand jury to inquire, within and for the body of the county of Shelby, viz.-- Jacob Cutler (foreman), William Reynolds, James Wallice, Benjainin Wornock, Joseph Baker, Joel Allen, John Wood, Elisha Free man, Hubbel Sprigue, Barnet Bone, Jacob Brewer, Samuel Reece, Charles Huffman, John Hall, Elias Kerr, Wm. Bone, Shelton Allphin, John Smith, Samuel Anderson, Benjamin Walden, Wm. Rose, and William Whitfield.

HON. T. W. SMITH, Judge
People vs. John Spalding	Indictment for Larceney.

This day the prisoner was led to the bar by the Sheriff, and having nothing to say why judgment should not be pronounced against him, it is ordered and adjudged by the court now here, that the defendant, John Spalding, receive for the offense aforesaid th irty-nine lashes on his bare back, and the Sheriff of Shelby county between the hours of twelve and two o'clock on this day execute this judgment. And it is further ordered, adjudged, and directed that the defendant make his fine to the people of this st ate in the sum of two dollars and seventy-one cents, being one half the value of the articles stolen, and that he be imprisoned for the term of three days, and that he stand committed until the fine and costs are paid.

The sentence of the court was carried out, and the prisoner was publicly whipped in accordance with the terms of the verdict.

Tuesday morning, 13th April, 1830.

Court met pursuant to adjournment.
The People vs. Benj. Warnock.	Indictment for Murder. Implicated with Robert Carlisle.

On this day came the defendant, Benjamin Warnock, in open court and enters his appearance in this case, and for plea says he is not guilty in manner and form as are alleged in the indictment and to which plea the State's Attorney joins issue. The petit j ury summoned to attend this court being discharged, a states jury was ordered to be summoned, to wit;--Isaac Martin, James A. Baker, David Hinton, James Ledbetter, Barnet Bone, William Bone, John Hill, John Richardson, Isaac Renfro, and Bennet Robinson. Who being elected, tried and sworn to try the issue joined upon the oaths, do say, that we, the jury, find the defendant not guilty, Therefore it is considered by the court now here, that the defendant be discharged, and go hence without delay.

In the May term of court in 1842, an important criminal case came up for trial. It was the case of the People vs. Robert Sellers. Sellers was indicted for the killing of James Rodman; he was tried and found guilty of murder in the first degree, and sent enced to be hanged. The following is his sentence as copied from the record. "That the defendant, Robert Sellers, be again remanded to jail, there to remain until Tuesday, the 21st day of June next, when he shall be taken to the place of execution, and t here between the hours of ten o'clock in the forenoon and two o'clock of the afternoon of that day he be hanged by the neck until he is dead." By the manipulations of his attorneys he succeeded in getting a new trial, and on this trial plead guilty of man slaughter. He was sentenced for eight years to hard labor in the penitentiary, where he served his time. On release, he returned to Shelby, but was soon afterwards thrown from a horse and killed.

The First Naturalization.

At the May term of the Circuit Court, A. D. 1847, Solomon Stilgebauer, made his written application to be naturalized, filed his declaration, and took the oath prescribed by law, in open court, which was ordered to be filed. We append a copy of the origi nal paper.

State of Illinois, Shelby County.

Solomon Stilgebauer being duly sworn, deposeth and saith, that it is his intention, bona fide, to become a citizen of the United States of America, and to renounce forever all allegiance and fidelity to any foreion prince, potentate, or sovereignty whatever, and particularly to the sovereignty or kingdom of Bavaria in Germany, of which he was formerly a subject.

SOLOMON STILGEBAUER.

Sworn to and subscribed before me, this 27th day of May, 1847. WM. L. PRENTICE, Clerk

Application for Citizenship by Solomon Stilgebauer, an alien

On this day came the said Solomon Stilgebauer, by his attorney, and it appearing to the court, by the record, exhibited in proof, that at the May term of the Shelby county circuit court, in the State of Illinois, for the year 1847, the said applicant had declared on oath his intention to become a citizen of the United States of America, in pursuance of law, and the court being satisfled from the evidence of Anthony Thornton and William Royse, that the said applicant had resided within the United States mo re than five years, and in the county of Shelby in the State of Illinois more than one year before the present term of this court, and that during the said five years he has behaved as a man of good moral character, attached to the principles of the const itution of the United States, and that he has been well disposed to the good order and happiness of the same. And the said applicant having declared on oath in open court, that he would support the constitution of the

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It is further ordered that said applicant pay the costs hereof, etc.

Bennet Robinson vs. Elizabeth Robinson

Libel for Divorce.

It appearing to the satisfaction of the Court that the parties were lawfully married as is set forth in said libel; and that the said Elizabeth did voluntarily and wilfully absent herself from the libellant for two years in continuance; and proof of the p endency of this libel having been made according to law. It is ordered, adjudged and decreed, that the banns of matrimony heretofore subsisting between the said parties, be, and they are hereby dissolved -- and the prayer of the said bill be granted; and that the said libellant pay the costs attending the prosecution of his said libel.

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* For this roster of Senators and Representatives we are indebted to Col. George H. Harlow, Secretary of State.

SENATORS.
William Williamson,1832-35	| H. M. Vandeveer, 1863-65
Peter Warren,1836-49	| John M. Woodson,1867-69
Hiram Rountree, 1849-51	| Solomon Lewis, 1871
Gabriel R. Jernigan,1853-55	| Charles Voris, 1871-73
Joel S. Post, 1857-59	| Thomas Brewer,1875-77
Richard J. Oglesby,1861	| Erastus N. Rinehart,1879-
REPRESENTATIVES.
George H. Beeler,1832-33	| John Casey, 1871
Thomas B. Trower,1834-35	| Edward Roessler, 1871
John S. Turley,1836-37	| William H. McDonald, 1873
William F. Thornton,1838-39	|William H. Blakeley, 1873
Owen Prentice,1840-41	| Benson Wood, 1873
	| William Gillmore, 1875
Jonathan B. Howard,1842-43	| William Middlesworth, 1875
John S. Turley, 1844-45	| William Chew, 1875
Edward Evey, 1849	| Gershom Monahan, 1877
Anthony Thornton,1851	| Nathaniel P. Robinson, 1877
S. W. Moulton, 1853-57	| Thomas J. Fritts, 1877
Thomas Brewer, 1859	| William M. Abraham, 1877
Thomas W. Harris, 1861	| James L. Ryan, 1879
	| Baitly Searlett, 1879
Reuben Roessler, 1863	| Alfred C. Campbell, 1880
William Middlesworth, 1865	| George D. Chaffe, 1880
Charles Voris, 1867-69	| F. M. Richardson, 1880

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That all that tract of country, lying within the following boundaries, to-wit: Beginning at the north-east corner of township fifteen north , range six east of the third principal meridian, thence west to the north west corner of section three, township fifteen north, range four east, thence south three miles, west three miles, south eleven miles, east five miles, south four miles, east four miles, south one mile, east one mile, south one mile, east one mile, south one mile, east one mile, south two miles, east six miles to the range line between ranges six and seven; thence north to the place of beginning, shall be constituted a new county, to be called Moultrie.

SEC. 2. The legal voters residing within the aforesaid boundaries, shall meet at the usual places of holding elections, on the first Monday in April next, and proceed to elect one sheriff, one coroner, one recorder, one county surveyor, one probate justic e, one clerk of the county commissioners' court, one treasurer, one school commissioner, and three county commissioners; the person receiving the highest number of votes for county commissioner shall remain in office for two years from the first Monday in August next; the person receiving the next highest vote for county commissioner shall remain in office for one year from the first Monday in August next and the person receiving the lowest vote for county commissioner shall remain in office until the fir st Monday in August next; the other county officers shall hold their offices until the next succeeding general election, and until their successors are elected and qualified.

SEC. 3. The seat of justice of said county of Moultrie shall be at the residence of James Camfield, of said county, until otherwise ordered by the county commissioners' court of said county, but the seat of justice of said county shall not be permanently located by said commissioners' court until further legislation in relation thereto.

SEC. 4. The present judges of election residing within the boundaries of the county of Moultrie shall conduct the elections provided by this act in all respects agreeable to the laws regulating elections, and shall make returias of the poll books of thei r respective predict within five days after the election. Abraham H. Kellar, William Thomason and James Elder, acting justices of the peace; and the said justices, or a majority of them, shall meet at the house of James Camfield within ten days after the said election, and it shall be the duty of the said justices of the peace to open and compare the poll books, to make out and deliver certificates to the persons elected, and to return an abstract to the Secretary of State in the same manner as is now re quired of the clerks of county commissioners' courts in like cases.

SEC. 5. The county commissioners shall meet as a court within twenty days after their election, and shall proceed to lay off their county into justices' districts, and transact such other county business as may be deemed necessary.

SEC. 6. It shall be the duty of the justices of the peace named in this act, to give at least twenty days public notice of the time and places of holding the elections provided for in this act, by posting up notices in at least six public places in said c ounty.

SEC. 7. The school funds belonging to the several townships in said county, together with all the interest arising from said moneys and now in the hands of the school commissioners of Macon and Shelby counties, and all notes and mortgages appertaining to the same shall be paid and delivered over to the school commissioners of the county of Moultrie, as soon as the county shall be organized, and a school commissioner elected and qualified according to law.

SEC. 8. It shall be the duty of the clerk of the county commissioners' court, as soon as may be after the election of county officers, to inform the judge of the eighth judicial circuit that the county is organized, and the said judge shall thereupon appo int a clerk, and fix the time for holding the circuit court, and said county shall form a part of the eighth judicial circuit.

SEC. 9. That elections for senators and representatives to the General Assembly shall continue to be conducted as though no division had been effected, and the clerks of the county commissioners' courts shall return abstracts of said elections to the cler ks of the county commissioners' courts of the counties of Macon and Shelby, until otherwise provided by law.

SEC. 10. The county commissioners' court of the county of Moultrie shall, at their first term, appoint one or more suitable persons to meet with the county commissioners of Macon county at their June term, one thousand eight hundred and forty-three, and ascertain the proportion of the court-house debt of Macon county, which the inhabitants taken from Macon and forming a part of Moultrie county, have agreed by their petition to pay, and in the apportionment and payment of the said money the commissioners of Macon and Moultrie counties shall be governed in all respects according to the provisions of the eleventh section of the act entitled "an act for the formation of Piatt county." Provided, that said apportionment be based upon the assessment list s of one thousand eight hundred and forty-two.

SEC. 11. The money to be paid by the county of Moultrie to the county of Macon shall be raised by additional assessment on the inhabitants residing within the boundaries taken from the county or Macon, and nothing therein contained shall be so construed as to make liable the inhabitants residing within the territory taken from the county of Shelby for any portion of the money made payable to the county of Macon under the provisions of this act.

Approved February 16th, 1843.

THOMAS FORD, Governor.

This part of Moultrie county's history would be incomplete if a certain part of it were not presented here. As will be seen, the Organic Act required that those citizens residing in that part of Moultrie county that was taken from Macon should pay their proportional part of Macon county's courthouse debt then existing. As no assessment was ever made for that purpose, it may be interesting for the old settlers of Moultrie county to know why it was never required. There was a certain "slip" in the petiti ons circulated in Macon county for the establishing of the new county, and the citizens of Moultrie took advantage of it. They were governed by the old-time principle, "Interest is the governing principle of nations as well as individuals," and governed themselves accordingly. Great efforts were made on the part of Macon to compel those on this side of the line to live up, as they claimed, to the petitions creating the act for the new county; but all efforts signally failed. George W. Powers, then repr esenting the people of Macon county, believed that to force this indebtedness upon the people of Moultrie county would be an act of injustice, covertly opposed all measures offered to that end; and the result is, as all know, no revenue was ever paid out of the treasury for that purpose. We quote from the language of one of our oldest and most esteemed citizens. He says; "He (Powers) was not paid by Moultrie for this act; his pay was in a consciousness of having done his duty. Not only did Macon not kn ow who Moultrie's friend was; but even Moultrie, until now, never knew."

The first court was held at the private residence of James Camfield, about three miles southwest of Sullivan, in the spring of 1843, the action of which Court will be found recorded in this chapter.

The next year, 1844, the place of holding court was removed by a vote of the people to East Nelson. In the fall of 1844 the question of permanently locating the county seat was submitted to the people. Three places were proposed, to wit: East Nelson; Pat terson's Point, near "Uncle" Davy Patterson's; Asa's Point, now Sullivan. The proposition was, that the seat of justice should be located at the place receiving a majority of all the votes cast. As no one of the places designated received a majority of all the votes, another election was called, when the two places, East Nelson and Asa's Point, were voted upon. The majority were in favor of the latter, and the county seat was finally established. Mr. Philo Hale owned eighty acres of land where the tow n of Sullivan now stands. He proposed for a nominal sum to let the town have one of the forty acres of the eighty for a town site, as they might choose. In the winter following the county commissioners met at the house of Dr. William Kellar to locate th e exact point of the county seat. The vote was a tie, which left the casting vote to the chairman, R. B. Ewing. Parnell Hamilton was present--he afterwards surveyed the town -- and he proposed to Mr. Ewing to do as one Trader said, "Put up a stake and b e governed by its fall." Just then the pen Mr. Ewing was writing with fell to the north, and thus it was decided that the north forty should be the location. Mr. Hale was paid $100 for the land; this amount was made up by a subscription from the people. The naming of the county seat was left to the county commissioners, R. B. Ewing, A. H. Kellar, and George Mitchell. They named it Sullivan, from Sullivan's Island, the small island off Charleston harbor, upon which Fort Moultrie is situated--the name be ing in keeping with the name of the county, Moultrie.

"JOHN A. FREELAND."

"Sworn and subscribed before me this 10th day of April, A. D. 1843.

WILLIAM THOMASON, J. P."

Their next action was the subdivision of the county into thirteen road districts, from which we append the following:

1. Commencing at the mouth of the branch between John Rhodes' and Daniel Pea's, on the West Okaw; thence up said river centre of the channel to the middle fork; thence north up said fork to the Piatt line; thence west to the Macon line; thence south oppos ite to the head of said Pea's branch; thence to the place of beginning. Supervisor, George Best.

2. Commencing at the south-east corner of section 24, township 14 north, range five east; thence west seven miles; thence north to district No. 1; thence east seven miles; thence south to the place of beginning. Wesley W. Smith is to be included in said district. Supervisor, John Rhodes.

3. Embraces all that section of country west of West Okaw, and south of district No. 2, and to the county line on the south. Supervisor, Jesse D. Walker.

4.Embraces all that parcel of country in sections 24, 25 and 36 in township 13 north, range, 4 east. Supervisor, Michael Skidmore.

5. Embraces the portion of country within the following bounds: beginning at the mouth of the West Okaw; thence up East Okaw to the east line of section 29, township 13 north, range 5 east; thence north to the southeast corner of section 20, township 14, north, range 5 east; thence west to the West Okaw; thence down the middle of said river to the place of beginning. Supervisor, Jones Hampton.

6. Embraces all that country lying within the following bounds: commencing at the point where section 29, township No. 13, north range 5, crosses the river; thence up said river to the mouth of Asa's creek; thence up the middle of said creek to the head, or one mile into township 14 north; thence west to the south-east corner of section 29, township 14 north, range 5 east; thence south to the place of beginning. Supervisor, Frederick Hoke.

7. Commencing at the mouth of Asa's creek; thence up the middle of the river to the county line on the east; thence north to the line between townships 13 and 14 north; thence west to Asa's creek; thence down the middle of said creek to the place of begin ning. Supervisor, Clisby Ellis.

8. Commencing at the mouth of Whitley's creek; thence up the middle of said creek to the mouth of Crab-apple creek; thence up said creek to the county line; thence north to the middle of the Okaw; thence down the middle of said river to the place of begin ning. Supervisor, Linville P. Lilley.

9. Commencing at Crab-apple creek on the Coles county line; thence south to the corner of Moultrie county; thence west three miles; thence north to the middle of Whitley's creek; thence up Whitley and Crab-Apple creeks to the place of beginning. Supervis or, George Waggoner.

10. Commencing at the south-east corner of section 28, township 12 north, range 6 east; thence west two miles and twenty rods; thence north to the middle of Whitley's creek; thence up said creek to section line, dividing three and four; thence south to th e place of beginning. Supervisor, Gideon Edwards.

11. Commencing at Whitley's creek, twenty rods west of the section line, dividing sections 5 and 6, township 12 north, range 6 east; thence south to the county line; thence west and north with the county line to the middle of Okaw river; thence up said ri ver to Whitley's creek ; thence up the middle of said creek to the place of beginning. Supervisor, Isaac Shirley.

12. Commencing at the south-east corner of township 14 north, range 6 east; thence west to Asa's creek; thence north on the rangeline between 5 and 6 three miles; thence east three miles; thence north to the county line; thence east three miles; thence so uth to the place of beginning. Supervisor, Elijah Fleming.

13. Commencing on the West Okaw near section 8, township 14 north, rule 5 east; thence up said Okaw to the middle fork; thence up said fork to the Piatt county line; thence east to the middle of range 6 east; thence south between sections 12 and 13 ; then ce west to the place of beginning. Supervisor, James Kellar.

The first county order issued was at the first meeting of the board of county commissioners in April, 1843; it reads as follows: Ordered, that T. W. Short be allowed one dollar for a ledger. The second order was for one dollar and seventy cents, and was made to John A. Freeland for that day's services. From the following we are led to believe that the commissioners and sheriff charged nothing for their first day's services. It reads: " Be it known that the sheriff, Isaac Walker, and the county commissi oners, charge nothing for this day's services."

The last order of this term reads as follows: Ordered that the school commissioner of Moultrie county receive the uncurrent money that may he due said county, and make any disposition he can of it, at seventy cents to the dollar, or over. He is hereby fu rthor authorized to loan the same so as to secure to the county, by giving six or nine months credit, seventy-five cents on the dollar.

In 1848 the new constitution went into effect, which made a charge in this court, organizing it with one judge having probate jurisdiction, and providing for two associate justices, all to hold their offices for four years. Under this law were elected, i n 1849, James Elder, judge, E. D. Cleveland and Daniel Ellington, associate justices.

Some years after the occurrence of the above, about the year 1850, and when the now Hon. Richard Oglesby, had won an enviable reputation at the bar, he was engaged in prosecuting, and Usher Linder defending, in the case of the People, versus one William S haw. This case was brought by change of venue, from Crawford county. A great deal of excitement was created in the trial of this case, as it was one among the first murder trials held in the county.

Shaw was indicted for maliciously and feloniously killing his step father, whose name was Buchanan.

It must be remembered that Oglesby and Linder both were rather obese in their physical structure. Mr. Oglesby had made one of the best efforts of his life in summing up the case, and it became necessary for Mr. Linder to make an extra effort in behalf of his client. Attorney Linder had carefully sifted all the evidence -- had so graphically pictured to the jury his client's virtues, and the rending of a poor mother's heart, in case they should see fit to be brutes, and not do their duty as honest men an d humane citizens. He then turned his attention to the prosecutor of so base a conspiracy. He drew himself up to his full height, took one withering look at Mr. Oglesby, and belched forth -- pointing to his opponent -- "Did you ever see such a huge pile of beef and onions?" At this outburst, Oglesby jumped to his feet, sprang to the side of Linder, and gave him such a push or stroke as felled Linder to the floor. Mr. Linder regained his feet, and called upon the court to protect him. The judge -- Judg e Emerson was then on the bench -- said it was so quickly done that he had no power to prevent it. In this case Dick was defeated, as the prisoner was cleared, and Mr. Linder walked off with the laurels.

In the year following, 1851, Judge David Davis, now United States Senator, occupied, the bench in this judicial district; but through sickness or otherwise, Judge Harlan, father of Capt. Ed. Harlan of Marshall, was called to fill the vacancy. In order tha t the present generation may understand the full path of this anecdote, it will be necessary for them to know that the jail-room in the old court-house, on account of its filthiness, and poor accommodations, was familiarly known as "the stable." Now Judge Harland was a fair type of the Eastern Yankee. In order to do his duty properly it became necessary that he should be whittling at something. To whittle out wooden chains from an unbroken stick was one of his favorite amusements. While thus engaged up on the Bench one day, a traveling troupe of Indians passed through the town past the court-house. All hands in the court-room would jump up to look out of the window, when the court would order the sheriff to keep order. Jake Mullholland was bound to see the sights, and every time they passed around the square, "Uncle Jake" would run to the window. The judge finally got out of patience, and ordered the sheriff to take the offender into custody. Uncle Jake rose to his feet, cracked his fists together, a nd declared that he was a "hoss! " The court quietly remarked that the sheriff would take that "hoss" to the stable.

Perhaps one of the best and most pointed anecdotes occurred at an earlier date, when Abraham Lincoln honored the bar of Moultrie county with big fun-loving stories and forensic eloquence. It occurred in the fall term of the court in the year 1846. In th ose days wrestling-matches were very popular, and many are the stories told of the wondrous feats performed by the athletes of those early times. David Campbell was then prosecuting attorney, and he considered himself one of the best men, physically, of the day. In a bout with one of the bullies of the county, the seat of Campbell's pants was entirely torn away. He being a genial fellow, and somewhat prodigal in his habits, was hardly able to buy another pair, in order to appear decently in court. His brother attorneys felt that they ought to subscribe something to that end. The subscription was circulated around among the members of the bar, the most of them contributing to the list. It was finally handed to Mr. Lincoln for his donation. He scanne d the whole paper carefully, and then wrote beneath all the other names that he could not conscientiously contribute anything to the end in view.

Volumes almost could be filled with the pleasing anecdotes that the old attorneys of Moultrie can relate, and enjoy themselves, heartily in so doing, but this space is too limited to give them all a place.

In testimony whereof the said parties of the first part have hereunto set their hand and seal the day and year aforesaid.

Signed, sealed and delivered in the presence of

ABR. H. KELLAR.
JAMES MITCHELL.	[seal.]
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ONY X MITCHELL.	[seal.]
mark
STATE OF ILLINOIS, Macon County.	S. S.

Before me, the undersigned, a Justice of the Peace for the county aforesaid, personally came James Mitchell and his wife, Onah Mitchell, who are known to me to be the real persons by whom and in whose names the above conveyance was executed, and by whom a nd in whose names said conveyance is proposed to be acknowledged, and acknowledged that of their own free will, that they executed said deed for the purposes therein expressed. And the said Onah Mitchell, wife of the said James Mitchell, being by me firs t examined separate and apart from her still husband, and the contents of said conveyance being first made known to her, acknowledged that free and voluntary, and without any compulsion or coercion from her said husband, she executes the same, and forever relinquishes all her right and claim of dower in the lands and tenements in said conveyance described.

Given under my hand and seal this eighth day of June, in the year of our Lord one thousand eight hundred and forty-two.

The above deed went on the records in Moultrie county some time in June, 1843. The record was destroyed when the courthouse was burned, in 1864. It was afterwards re-recorded in the new records of the county, January 13th, 1865. This deed has passed th rough rather an eventful career. It was first recorded in Macon county. As soon as this county was organized, it was the first to appear upon the record. "Uncle" Johnny Freeland informs us that at that time the county was not supplied with any book for r ecording deeds; he accordingly transcribed it upon an ordinary sheet of fools-cap paper. As soon as the officers of the county had supplied themselves with books to do the business of the county properly, he then placed it upon the first page of the reco rder's book; it thus stands as a memento of the days of "Auld Lang Syne."