Footnotes

1. James Scott Martin (c 1779 1865) came to southern Illinois with his family in late 1816 or 1817, and eventually settled in what became Coles County, where he and his family lived during the early 1830's. He moved to the Whitley Point settlement in 1833 . James Scott Martin's oldest son was John Martin (1803 1856), a farmer who moved to the Whitley area in 1838. John's son, John Neely Martin (1833 1923), grew up in Whitley Point from the age of five, and lived in the area for the rest of his lif e. He was the father of Ivory John Martin (1859 1953), editor of the Sullivan Progress, preparer of abstracts of title, and writer of Notes On The History of Moultrie County and Sullivan, Illinois (Sullivan, 1990). I.J. Martin was the father of Robert W. Martin (1895 1970), Sullivan lawyer and judge, who was in turn the father of the writer.

   William Harvey Martin (1784 1852), the younger brother of James Scott Martin, was the first of the Martin family to arrive at the Whitley Point settlement--in 1829. He was a Baptist preacher and organized the Lynn Creek Baptist Church, the first church in Moultrie County.

2. Very little survives of the early history of the Whitley Point settlement. Little was written down at the time. And on November 25, 1864, the first courthouse of Moultrie County, in Sullivan, was destroyed by fire, burning "nearly all of the Circuit Court Clerk's and many of the County Clerk's records." (Inventory Of The County Archives Of Illinois, No. 70, Moultrie County, 1941, p. 86.) The earliest Moultrie County court records preserved date from 1872; and the earliest Circuit Court records dat e from 1849. (Inventory of The County Archives, 1941, pp. 155 156, 182 183; see also Pease, T.C., The County Archives Of The State Of Illinois, 1915, pp. 484, 492.) In 1881 a large volume, a Combined History Of Shelby And Moultrie Counties, Illinois ( referred to here as the Combined History), was published by a Philadelphia publishing house. Consisting of 333 pages of general state and local history, interspersed with personal and family histories and pictures of successful men and prosperous farms, this work was a commercial venture based on the recollections of leading citizens, or at least those who knew about the project and volunteered their information to the editors. Although we are fortunate to have it, this book is limited as a resource b ecause it was written over fifty years after the initial settlement, and the recollections contained in it depend on the accident of which of the early families had survivors in the county who chose to cooperate. Also, as a leading scholar of this peri od has written, the reminiscences preserved in such county histories are usually subject to one of two tendencies: either they emphasize the "harsher or ultrarealistic viewpoint of pioneer life described in all of its primitiveness," or they are expres sed "in romanticism and overidealization of the good old days." (Buley, The Old Northwest Pioneer Period, 1815 1840, pp. 138 139.) For a description of the other principal sources of the early history of Whitley Point and Moultrie County, see endnote 3.

3. Whitley Creek runs east to west and until recently joined the Okaw, which flowed southwesterly and became the Kaskaskia, which in turn flowed into the Mississippi. Today, thanks to federal flood control projects damming the Kaskaskia, Whitley Creek flows instead into Lake Shelbyville. Before its junction with the Okaw (now the lake), Whitley Creek is joined by two creeks--Crabapple (from the north), and Lynn, or Linn (from the south), each thought to be named for the trees (Linn is a contraction of Linden) that then grew along their banks.

4. To deal with problems arising out of the inadequacy of "metes and bounds" descriptions, such as had been used in Kentucky, Congress in the Land Ordinance of 1785 provided for a uniform federal land survey. In central Illinois, the main north south l ine was the Third Principal Meridian, an arbitrarily chosen line running due north from the mouth of the Ohio River on the Mississippi. The main east west baseline ran across southern Illinois and Indiana. Each township consisted of 36 square mile sect ions, numbered 1 through 36. The Whitley settlement lay in Township 12 N (north of the baseline), and Range 6 E (east of the Third Principal Meridian). Although townships existed for purposes of property descriptions, the township form of county orga nization--with an elected board of supervisors as the county governing body, rather than a county commissioners' court or county court--was not adopted in Moultrie County until 1866. (Inventory Of The County Archives Of Illinois, No. 70, p. 55.)

5. When John Whitley died sometime in the winter of 1838 39, his Administrator brought suit before a Whitley Point Justice of the Peace to collect amounts owed to Whitley's estate. (Whitley Point Record Book, infra, pp. 96 97.)

6. This two story structure was later used as a home by the John Vogel family until about 1918, when it was demolished.

7. Indications of a road or trace between Shelbyville and Danville appear on several maps of Illinois from the 1830's through the 1850's. Although this road is imprecisely located--the maps show an approximate straight line connection between the two t owns--it appears to pass through or near the Whitley Point area. Peck & Messinger Sectional Map of Illinois, 1836; Peck & Messinger Sectional Map of Illinois, 1850; Peck and Messinger New Sectional Map of Illinois, 1852 (Illustration No. ___, p. ___) (showing road passing northwest of Whitley Point); Tanner Map of Illinois, 1833; Tanner Map of Illinois, 1841 (Illustration No. ___, p. ___)).

8. See Illustration ___, Plat of Township 12, Federal Land Survey.

9. George F. (Fred) Edmonds, the present owner of the original John Whitley property and a long time resident of the area, wrote in the 1970's, "There used to be traces of the old Shelbyville Road crossing the back of my place; it ran in a south wester ly direction, going near the old Whitley's Point Tavern ... I suppose all traces are gone now." (Radio program script of George Fred Edmonds, November 1977, files of Moultrie County Historical Society.)

10. Ellington married one of tavern keeper William G. Haydon's daughters, Harriet, in the late 1830's. He was a member of the Moultrie County Commissioners' court in 1846, and was later an associate justice of the first County Court, from 1849 to 1853. (Inventory Of The County Archives Of Illinois, No. 70, pp. 18, 76 77.) His wife died of typhoid fever in April 1852, and two of their children were taken by the same disease two years later. Ellington remarried and his second wife likewise died from ty phoid in May 1855, after which Ellington left for Missouri to get away from the terrible disease and bad memories. (Hortenstine, E.D., "Essex, Ghost Town ...", Daily Journal Gazette, Mattoon, Illinois, September 1, 1955.)

11. Other towns listed in Peck's 1837 Gazetteer are: Shelbyville, the county seat of Shelby County, with "45 or 50 families" and six stores; Decatur, the county seat of Macon County, with "about 30 families" and three stores; and Charleston, county sea t of Coles County, which was laid out in 1831, with "about 25 families" and three stores. Other listed places in the vicinity of Whitley Point were Cochran's Grove, "a post office and settlement" 10 miles east of Shelbyville; and Paradise, "a post offic e at the head of the Little Wabash ... on the road from Shelbyville to Charleston." Sullivan, of course, did not exist in 1837 and was not platted until 1845. Mattoon did not come into existence until 1855.

12. According to Whitley township records, during the 1870's one S.P. Bristow was elected assessor (in 1872) and commissioner of highways (in 1879). An early Atlas of Moultrie County (Chicago, 1875) shows that S.P. Bristow in 1875 owned 80 acres of land just south of the town of Gays, in Whitley Township, as well as 20 acres just north of Whitley Creek. And the 1870 United States Census identifies Samuel P. Bristow as 36 years old, with several children, including an 8 month old son named "Charlie H ." Charles H. Bristow later married Mary E. Haydon, a granddaughter of tavern keeper and Justice of the Peace William G. Haydon, and lived in Sullivan where he was a broom maker. (Bristow, "Broom Making in Sullivan," Moultrie County Heritage, VIII, No. 2, May 1980, p. 51.)

13. Knowledge of the location of the early blacksmith shop, which was a few yards east of the tavern, has likewise been passed on from generation to generation. (Interview with Mr. and Mrs. Marvin Voyles.)

14. To facilitate research and correction of errors, photocopies of the record book have been placed in the files of the University of Illinois Library at Champaign, and the Moultrie County Historical and Genealogical Society in Sullivan, Illinois.

15. According to the Combined History, the "old" Nelson businessmen included James and John G. Purvis, operators of the saw and grist mill, Philip Vadakin, Dr. Montague, Joseph Rodgers, Samuel Martin, Hugh M. Elder, and A. Richardson. Jonathan Dazey, w ho helped lay out the "new" East Nelson, also appears in the docket book, as do other "new" East Nelson businessmen James Elder, Samuel Egbert, Whitney and Morton, Joseph Duncan, Ewing and Prentice, William Snyder, and Felix Landers. (See infra, Index t o Whitley Point Record Book.) Two miles northeast of Nelson was the small village of Juliann, laid out in 1837 by Thomas Purvis (a relative of the Purvis brothers who operated the mill at Nelson) and Albert Killian. Thomas Purvis also operated a mill, and maintained a tavern or inn on a stage road. By 1875 when the first atlas of Moultrie County appeared, Juliann was gone. (Dixon, G. and Roney, J., "The Juliann Community," Moultrie County Heritage, Vol. V, No. 3, August 1977, pp. 63 66.) Both Thoma s Purvis and Albert Killian (as well as other Killians) appear in the judicial record. (See infra, Index to Whitley Point Record Book.)

16. Others who bought lots in Essex were Samuel Smysor, George Monson, Peter Kirk, Israel Ellis, Joseph Munson, Daniel Ellington, Joseph Hendricks, Henry S. Apple, and Hiram Radley. Noyes and many other Essex businessmen or investors appear in the justi ce record. After Essex died out in the early 1850's, a new town was started about one mile south of Essex, on the line of the new Terre Haute, Alton and St. Louis railroad. A house and store were erected in 1855 by L. Waters, and the town was laid out in 1860 by Simeon Ryder and P.C. Huggins. (Consolidated History, p. 210.) The town was first named Summit because it was at a high point on the rail line. The 1875 Atlas of Moultrie County shows the Whitley Point Post Office as having been moved to th e Summit rail station (p. 25). Because another Illinois town was also named Summit and to avoid confusion, in late 1881 or early 1882 the town was renamed Gays.

17. Those living near Shanghai who appear in the judicial record include many of the early Waggoner settlers, the Edwards family, Daniel Brown, Wright Little, and the Hostetlers. (See infra, Index to Whitley Point Record Book.)

18. The Terre Haute, Alton and St. Louis, completed in 1854, passed through Moultrie County south of Whitley Point at Summit (later Gays). The east west Decatur, Sullivan and Mattoon line was completed in 1872. And the north south Chicago and Paducah br anch of the Wabash was finished in 1873. (Consolidated History, pp. 32 33.)

19. Three sons of Amos and Narcissa--Dr. Edward E., Joseph H., and Frank M.--started The Sullivan Express, the first newspaper published in Sullivan (or Moultrie County), in 1858. Later, the eldest son, Edward E. Waggoner, in 1870 entered the mercantile business in Shelbyville with J.J. & W.L. Haydon--two sons of William G. Haydon. Joseph H. Waggoner was Circuit Clerk of Moultrie County for 16 years (Combined History, p. 177).

20. Under the first state constitution, each county had a County Commissioners' Court, but these courts were administrative boards and lacked any civil or criminal judicial jurisdiction. (Inventory Of The County Archives Of Illinois, No. 70, p. 54.)

21. Probate matters were initially delegated to the County Commissioners' Court (1819), then given to a court of probate for each county (1821), and later assigned to special probate justices of the peace (1837). The County Court was not created until 1 848, and then the county judge was given only the same civil and criminal jurisdiction as Justices of the Peace. (Inventory Of The County Archives of Illinois, No. 70, pp. 60, 149 150.

22. In Illinois, unlike most states in which both pasture land and tillable land were owned by individual farmers, the Supreme Court early ruled that the prairies would be held in common for pasture land. The leading case was Seeley v. Peters, 10 Ill. 1 30 (1848), in which the defendant's hogs had broken into a field owned by plaintiff and damaged certain crops. When plaintiff sued, the defendant argued that the field was badly fenced. (In the Illinois Supreme Court, plaintiff was represented by Willia m H. Herndon, later one of the partners in the Springfield firm of Lincoln & Herndon.) The fundamental issue was whether a landowner was obligated to enclose his land with a fence if he wanted to protect it against the depradations of cattle or hog s. The Illinois Supreme Court ruled that although English common law did not require the owner to fence his property if he wished to protect it, that principle was inapplicable to the conditions of Illinois, which was found to be "unlike any other of t he Eastern States" because "from the scarcity of timber, it must be many years yet before our extensive prairies can be fended." Illinois custom was "for the owners of stock to suffer them to run at large. Settlers have located themselves continguous to prairies for the very purpose of getting the benefit of the range. The right of all to pasture their cattle upon uninclosed ground is universally conceded." (10 Ill. at 142.) This custom, according to the Court, had been embodied in Illinois statutes governing "inclosures." Thus, farmers could safely permit their cattle to run at large; and the owners of the fields were bound to fence against them.

    The rule of Seeley v. Peters continued for years to be applied to "outside" fences until it was finally changed by statute. (See 19 Ill. Law Rev. 354.) As a result, farmers allowed their stock to wander freely and fenced their crops to keep out their o wn and their neighbors' animals. In effect, the stock were fenced out rather than fenced in. This is said to have increased the costs of fencing and delayed the clearing and cultivation of prairie land. (Smith, History of Macon County, Illinois, From I ts Organization To 1876, pp. 29 30.)

23. Not surprisingly, the appraisals for estray law purposes appear low in relation to tax appraisal values, which may themselves have been low in relation to fair market values. An early property tax assessment for Moultrie County, for 1858, reports th at in the entire county there were 17,902 hogs valued at $38,285 (average value for tax purposes, $2.14), 7,918 cattle valued at $103,395 (average about $13.00), 7,795 sheep valued at $11,712 (average $1.50), and 2,997 horses valued at $162,324 (averag e $54). (Combined History, p. 72.)

24. When John Vogel demolished the Haydon tavern about 1918 (supra, ___), he retained fragments of a store record which have been passed along to the current owners of the Vogel farm, Mr. and Mrs. Marion Voyles. These fragments record sales made by a s tore on certain days during the period March 9, 1840, to September 3, 1840. However, the record does not identify the store, its proprietor or its location; and none of the customer names matches any of the names recorded in the Whitley Point Record Boo k.

25. American ginseng, Panax quinquefolium (not to be confused with Chinese ginseng, Panax ginseng) is a woodland herb with dark green compound leaves and red berry clusters that grows in the East, South and parts of the Midwest. Extract made from its ro ots is still used to produce a tonic having a pleasantly bitter taste.

    Endnotes

26. 1. Pease, T.C., The County Archives Of The State Of Illinois, 1915, passim. The Circuit judges' docket book for Johnson County dates back to 1813 (p. 332); Circuit Court dockets exist for St. Clair County from 1825 (p. 584); fee books for Sangamon County Circuit date back to 1833 (p. 599); and the Union County judges docket starts in 1818 (p. 637).

27. 2. The Circuit Court Clerk of Moultrie advised the author that the earliest Justice of the Peace docket book in her office dates back to 1929. Letter of Deborah M. Preston, Moultrie County Circuit Clerk, January 5, 1996. However, an Inventory Of The County Archives Of Illinois, No. 70, Moultrie County, prepared by The Illinois Historical Records Survey Project of the W.P.A. and published in 1941, reported that several volumes of Justice of the Peace Docket records for Sullivan Township for the per iod 1857 1929 were preserved in the County Clerk's vault (p. 160), and that other Justice of the Peace docket records for other townships for the period 1881 1919 were preserved in the Circuit Clerk's vault (p. 187).

28. 3. A Portrait and Biographical Record of Shelby & Moultrie Counties, Illinois, published in 1891, contains information on prominent citizens of the post Civil War era and their families, and adds a few details with respect to the earlier period. Similarly, family histories of the Whitley, Waggoner and Martin families (listed among the Authorities Consulted) provide information on early Whitley Point family members. The Combined History of 1881 and these biographical and family records have rec ently been supplemented by I.J. Martin's Notes on the History of Moultrie County and Sullivan, Illinois (Sullivan, 1990). This slender volume contains additional information and anecdotes about the early settlements; but although I.J. Martin grew up in the Whitley Point community, he was not born until 1859, and his notes--some parts of which were written in old age--are chiefly valuable for the period through which he lived, particularly the period after publication of the Combined History. The Inv entory Of The County Archives Of Illinois, No. 70, for Moultrie County, prepared by The Historical Records Survey Project, instituted by the federal Work Projects Administration and published in 1941, provided a sketch of the history of the county and its government organization, as well as a survey of county offices and records. The Moultrie County Historical & Genealogical Society has published since 1972 a series of quarterly periodicals entitled Moultrie County Heritage, which reflect much di ligent research and useful information. Also, in 1990 1991 Al and Anne Golden compiled several volumes of materials, including excerpts from the 1881 Combined History, essays by modern county historians and newspaper articles.

29. 4. Buck, Illinois In 1818, pp. 1, 59.
30. 5. Quaife, Chicago and the Old Northwest, 1673 1835, pp. 262 284.
31. 6. Miller, City of The Century, New York, 1996, pp. 48 58; Buck, op cit., pp. 39 40; Boggess, The Settlement of Illinois, 1778 1830, pp. 134 145.
32. 7. Roney, "Kaskaskia Reflections", Moultrie County Heritage, IV, No. 3, August 1976, p. 67; Strader and Benbow, Our Wandering Whitleys.
33. 8. Combined History, pp. 45, 209.
34. 9. Consolidated History, p. 45.
35. 10. Combined History, p. 305.
36. 11. Original Federal Surveyor Field Notes, Illinois State Archives.
37. 12. Martin, I.J., Notes, p. 8.
38. 13. Pooley, The Settlement of Illinois From 1830 to 1850, pp. 313 329.
39. 14. Pooley, ibid., pp. 538 558.
40. 15. Waggoner, J.G. and Boling, C.M., The Waggoner Family, p. 4.

41. 16. One of the sons, George Waggoner, soon bought land closer to the Whitleys, four miles east of his father, Isaac, in Section 11. Waggoner, J.G. and Boling, C.M., The Waggoner Family, p. 35.

42. 17. The Combined History describes Samuel Lindley as a son in law of John Whitley (p. 209). But a paper published in Moultrie County Heritage, XI, No. 4, November 1983, says he was married to Sarah Polly Hall (p. 91).

43. 18. Combined History, pp. 45, 209 210.
44. 19. Martin, I.J., Notes, pp. 11 15.
45. 20. Combined History, pp. 46 48.

46. 21. Flower, History of The English Settlement in Edwards County, Illinois, p. 141.

47. 22. Radio program script of George Fred Edmonds, November 1977, files of Moultrie County Historical Society; also interviews with George Fred Edmonds and Mr. and Mrs. Marvin Voyles.

48. 23. Combined History, p. 210.

49. 24. Newspaper article by E.D. Hortenstine, "Essex, Ghost Town of 1855," Daily Journal Gazette, Mattoon, Illinois, September 1, 1955; radio program script of George Fred Edmonds, November 1977, files of Moultrie County Historical Society.

50. 25. Id.

51. 26. Martin, I.J., Notes, pp. 16, 20. See also Combined History, p. 210. Elsewhere, I.J. Martin wrote about Whitley Point, "I remember that in the 1860's there was a string of a dozen log houses along the public road for two or three hundred feet. T hese houses were built close together [and connected] by a roofed over driveway in which usually stood a wagon or cart. In an earlier day there had been a store room and post office." He added, "Some twenty years before I first noticed the place, my Mot her had attended a school in one of these houses." (Manuscript in the possession of the author, p. 52.)  

52. 27. Peck, A Gazetteer of Illinois, p. 311.
53. 28. Martin, I.J., Notes, p. 8.
54. 29. See 1875 Atlas page for Whitley Township, supra, Illustration No. ___.
55. 30. Radio program script of George Fred Edmonds, November 1977, files of Moultrie County Historical Society.
56. 31. Hortenstine, "Essex, Ghost Town," op. cit.
57. 32. Interviews with Harold (Ben) Townley and George Fred Edmonds.
58. 33. Fischer, Albion's Seed, pp. 605 et seq., esp. 759 765.
59. 34. Combined History, pp. 149, 210; file of typed and copied materials labeled "Linn Creek Church," maintained by Moultrie County Historical and Genealogical Society.
60. 35. Waggoner, A.J., "A Pioneer's Reminiscenses," The Gazette, Windsor, Illinois, August 1926.
61. 36. Inventory Of the County Archives Of Illinois, No. 70, p. 19.
62. 37. Consolidated History, p. 264.
63. 38. Martin, I.J., Notes, p. 20.
64. 39. Hortenstine, "Essex, Ghost Town," op. cit.
65. 40. Evans, F., "Shanghai," Moultrie County Heritage, VI, No. 2, May 1979, pp. 34 35.
66. 41. Martin, I.J., Notes, p. 20.
67. 42. Hortenstine, "Essex, Ghost Town," op. cit.
68. 43. Evans, "Shanghai," op. cit.
69. 44. Roney, J., "Nelson," Moultrie County Heritage, V, No. 4, November 1977, pp. 84 96; Combined History, p. 264.
70. 45. Combined History, pp. 71, 210.
71. 46. Martin, I.J., Notes, pp. 16, 20.
72. 47. Moultrie County Heritage, XIII, No. 3, August 1985, p. 86.
73. 48. Haydon Family Bible, Moultrie County Heritage, Vol. XIII, No. 3, August 1985, p. 86.
74. 49. Martin, I.J., Notes, p. 20.
75. 50. Id., p. 16.
76. 51. Whitley Point Record Book, p. 104; see also p. 99.
77. 52. Consolidated History, p. 71.
78. 53. Hortenstine, "Essex, Ghost Town," op. cit.
79. 54. Haydon Family Bible, op. cit.
80. 55. Whitley Point Record Book, infra, pp. 2 3.
81. 56. Haydon Family Bible, op. cit.
82. 57. Basler, Roy P. (editor), The Collected Works Of Abraham Lincoln, Rutgers, 1953, Vol. II, pages 428 429.
83. 58. Whitley Point Record Book, infra, pp. 104, 106.
84. 59. Combined History, p. 45.
85. 60. Waggoner, J.G., and Boling, C.M., The Waggoner Family, 1922, p. 46.
86. 61. Combined History, p. 194.
87. 62. Whitley Point Record Book, p. 206.
88. 63. Id., pp. 307, 308, 313.
89. 64. Id., p. 194.
90. 65. Id., p. 46.
91. 66. Combined History, p. 194.

92. 67. Laws Passed by the Third General Assembly of the State of Illinois, Act to Regulate the Terms of the Circuit Court, February 17, 1823, p. 161.

93. 68. Revised Laws of Illinois, Vandalia, 1833, p. 152.

94. 69. Laws of 1835, p. 150. Earlier in 1824, provision had been made for the holding of circuit courts by separate circuit judges; but that provision had been repealed in 1827. Inventory Of The County Archives Of Illinois, No.

95. 70, p. 59. 70. Laws of 1841, p. 173. This system prevailed until 1848, when provision was made for election of separate circuit judges by the district electorate. Constitution of 1848, Art. V, Sec. 7, 15.

96. 71. Laws of 1819, p. 185; Laws of 1823, p. 184; Revised Code of 1827, p. 259; and Revised Laws of Illinois, 1833, pp. 382 et seq.

97. 72. Revised Laws of Illinois, 1833, p. 386.
98. 73. Id., at 387.
99. 74. Id., at 401.
100. 75. Id., at 390.
101. 76. Id., at 392.
102. 77. Tindall v. Meaker, 1 Ill. 137, 138 (1834).
103. 78. Id., at 402.
104. 79. Id., at 403.
105. 80. Id., at 403.
106. 81. Id., at 293 294.
107. 82. Brush, Growing Up With Southern Illinois, p. 53; see Flower, History Of The English Settlement in Edwards County, Illinois, p. 96.
108. 83. See generally 1 Corpus Juris Secundum, 1985, at 601 666; 1 Illinois Law and Practice, 1988, at 95 98.
109. 84. See, e.g., Whitley Point Record Book, pp. 18, 19, 20.
110. 85. Id., pp. 50, 51, 53.
111. 86. Id., p. 107.
112. 87. Id., pp. 19, 23, 25, 26, 27, 28, 149.
113. 88. Id., pp. 26, 40, 41, 42, 43, 51, 55.
114. 89. Id., p. 77.
115. 90. Id., p. 93.
116. 91. Id., p. 95.
117. 92. E.g., id., pp. 21, 23, 26.
118. 93. Id., pp. 73, 76, 77, (although one lender charged only 6% during that period); 98.
119. 94. For example, id., pp. 66, 67, 69, 71, 72, 73, 80, 84, 85, 86, 87, 88; cf. 76.
120. 95. Fischer, David Hackett, Albion's Seed, 1989, p. 370.
121. 96. Whitley Point Record Book, p. 22.
122. 97. Id., p. 37.
123. 98. Illinois Laws, 1833, at 82 et seq.
124. 99. Whitley Point Record Book, pp. 130 131.
125. 100. Id., p. 133.
126. 101. Id., pp. 181 183.
127. 102. Id., p. 45.
128. 103. Id., p. 67.
129. 104. Id., pp. 95, 100, 101.
130. 105. Revised Laws of Illinois, 1833, at 382 et seq.
131. 106. Section 20 of the Act, id., at 338.
132. 107. Whitley Point Record Book, p. 28.
133. 108. Id., p. 102.
134. 109. Justice of the Peace Act, Revised Laws of Illinois, 1833, p. 395.
135. 110. Revised Laws of Illinois, 1823, p. 402.
136. 111. Whitley Point Record Book, p. 94.
137. 112. Id., p. 99.
138. 113. Id., p. 102.
139. 114. Revised Laws of Illinois, 1833, p. 152.
140. 115. Whitley Point Record Book, p. 104.
141. 116. Id., p. 125.
142. 117. Id., p. 146.
143. 118. Id., p. 150.
144. 119. Id., p. 150.
145. 120. Id., p. 153.
146. 121. Id., p. 154.
147. 122. Id., p. 154.
148. 123. Id., p. 153.
149. 124. Id., p. 157.
150. 125. Revised Laws of Illinois, 1833, pp. 334 et seq.
151. 126. Id., at 334.
152. 127. Id., at 335.

153. 128. Whitley Point Record Book, p. 156. Patsy Waggoner may have been the daughter of Isaac Jr. and granddaughter of the patriarch of the Waggoner clan, Isaac Sr. See Evans, "Shanghai," Moultrie County Heritage, VI, No. 2, May 1979, p. 35. That would make her a niece of Justice Amos Waggoner. Benjamin Freeman was not listed in the 1840 U.S. Census for Shelby County. However, ten years later, the 1850 U.S. Census for Moultrie County listed 33 year old Benjamin Freeman as married to 24 year old Mary A. Freeman.

154. 129. Whitley Point Record Book, p. 163. The 1840 U.S. Census for Shelby County (p. 15) lists William L. Ward as the head of a household, with four children.
155. 130. Oliver, Eight Months in Illinois, Newcastle upon Tyne.
156. 131. Id., p. 48.
157. 132. Id., p. 49.
158. 133. Whitley Point Record Book, pp. 257, 305, 321.
159. 134. Id., p. 49.
160. 135. Id., p. 50; see Pooley, Settlement of Illinois, pp. 549 550.
161. 136. Id., p. 34.
162. 137. Id., p. 34.
163. 138. Id., p. 36.
164. 139. Id., p. 35.
165. 140. Id., p. 52.
166. 141. Id., pp. 52 53.
167. 142. Laws of Illinois, 1835, pp. 229 et seq.
168. 143. Whitley Point Record Book, p. 253.
169. 144. Id., pp. 318, 322.
170. 145. Laws of Illinois, 1835, p. 229.
171. 146. Whitley Point Record Book, pp. 258, 318.
172. 147. Id., p. 305.
173. 148. Id., p. 306.
174. 149. Id., p. 309.
175. 150. Id., p. 317.
176. 151. Id., p. 319.
177. 152. Id., p. 309.
178. 153. Id., p. 255.
179. 154. Martin, R.E., Fragments of Martin Family History, p. 107.
180. 155. Whitley Point Record Book, p. 301; Martin, R.E., Fragments of Martin Family History, p. 110.
181. 156. Whitley Point Record Book, p. 319.
182. 157. Id., p. 320.
183. 158. Oliver, op. sit., p. _____.
184. 159. Oliver, op. sit. p. 62; see Buley, The Old Northwest Pioneer Period, 1815 1840, Vol. I, pp. 234 236.
185. 160. Hortenstine article, op. cit.
186. 161. Peck, Gazetteer of Illinois, pp. 13, 233.

187. 162. For the completion dates of railroads serving Moultrie County, see supra, p. ___, fn. The north south line of the Illinois Central passing east of Sullivan through Mattoon was completed in 1856. Howard, Illinois, pp. 189 202, 245.

188. 163. Martin, I.J., Notes, p. 8.
189. 164. Jordan, Philip D., The National Road, 1948, p. 148.
190. 165. Montgomery, Textiles In America: 1650 1870, p. 271; Brush, Growing Up With Southern Illinois, pp. 43, 55 57, 113.
191. 166. Montgomery, Textiles In America: 1650 1870, p. 279; Brush, Growing Up With Southern Illinois, p. 55; see Buley, The Old Northwest Pioneer Period, 1815 1840, Vol. I, pp. 202 207.
192. 167. Hardingham, The Fabric Catalog, p. 130.
193. 168. Montgomery, Textiles In America: 1650 1870, p. 328.
194. 169. Id., p. 225.
195. 170. Id., p. 269; Hardingham, The Fabric Catalogue, 1978.
196. 171. Whitley Point Record Book, p. [38].
197. 172. Montgomery, Textiles In America: 1650 1870, p. 285.
198. 173. See, e.g., Whitley Point Record Book, pp. 284, 292, 295.
199. 174. Brush, op. cit., p. 54.
200. 175. Supra, p. ___.
201. 176. Whitley Point Record Book, p. 200.
202. 177. Id., p. 199.
203. 178. Moultrie County Heritage, Vol. IX, No. 1, February 1981, p. 7.
204. 179. Whitley Point Record Book, p. 206.
205. 180. Id., p. 312.
206. 181. Howard, Illinois, A History of the Prairie State, 1972, p. 111.
207. 182. Martin, I.J., Notes, p. 45.
208. 183. Oliver, op. cit., p. 33.
209. 184. Martin, I.J., Notes, pp. 45 47; Howard, Illinois, A History of the Prairie State, pp. 282 283.
210. 185. Whitley Point Record Book, pp. 206, 210, 230, 297.
211. 186. Id., 213, 226.
212. 187. Id., 248, 278, 289, 290.
213. 188. Id., p. 263; see also 287, 291.
214. 189. Buley, The Old Northwest, 1950, Vol. I, pp. 155 157.
215. 190. Whitley Point Record Book, p. 207.
216. 191. Id., p. 283.
217. 192. Id., p. 199; see also p. 326.
218. 193. Buley, The Old Northwest, Vol. I, pp. 335 336.
219. 194. Faragher, Sugar Creek, p. 105.
220. 195. Whitley Point Record Book, p. 294.
221. 196. Id., pp. 237, 238.
222. 197. Martin, R.E., Fragments of Martin Family History, p. 189.
223. 198. Revised Laws of Illinois, 1833, p. 510.
224. 199. Whitley Point Record Book, p. 195.
225. 200. Id., p. 194, 195.
226. 201. Id., pp. 193, 195.
227. 202. Id., pp. 194, 195, 196.
228. 203. Id., p. 203.
229. 204. Id., p. 209.
230. 205. Id., p. 210.
231. 206. Id., p. 211.
232. 207. Martin, R.E., Fragments of Martin Family History, p. 140.
233. 208. Whitley Point Record Book, p. 192.
234. 209. Id., p. 191.
235. 210. Quaife, ed., Pictures of Illinois One Hundred Years Ago, pp. 73 74.
236. 211. Whitley Point Record Book, pp. 2, 328.
237. 212. Id., p. 326.
238. 213. Id., p. 328.
239. 214. Id., p. 327.
240. 215. Id., p. 329.