Fayette County, Illinois - Chapter 9: An Act to Establish the Capital Permanently. an Act Concerning the Town of Vakdalia. Private Laws, Ac., Ac. Removal of Capital, 1878

Chapter 9: An Act to Establish the Capital Permanently. an Act Concerning the Town of Vakdalia. Private Laws, Ac., Ac. Removal of Capital

RONG efforts were now being*jsade for the removal of the capital by the northern part of the Btate, which was filling rapidly with settlers. By the terms of the first act this could not be done until the expiration of twenty years. But it was becoming evident that the geographical centre of the state would be some distance north of Vandalia. Thus aid not, however, prevent her from asserting her claims with a number of other cities. The following act was approved Feb. 5th, 1833.

Be it enacted, that at the next election to be held in the several counties of this State for members of the legislature, there shall be opened at such place of voting a book, in which shall be entered the votes of the qualified voters ia favor of the following named places, as their ohoioe for the perma¬ nent location of the seat of government of this state, after the expiration of the time prescribed by the constitution for its remaining at Vandalia, to wit: The geographical centre of the state, Jacksonville in Morgan County, Springfield iu Sangamon County, Alton in Madison County, Vandalia in Fayette County, and Peoria in Peoria County. The place or point receiving the highest number of votes shall forever hereafter remain the seat of govern¬ ment for the State of Illinois.

As the city of Springfield received at the general election the highest number of votes, it waa therefore selected as the permanent seat of govern¬ ment for the state. Springfield had few inducements to offer for its selec¬ tion. It was of hardly any importance, and possessed nothing to raise it above the grade of a country town. New representatives were instructed to vote for the removal of the capita]^ that place, and by a system of wire pulling they accomplished their purpose. The subjoined acts were also passed about this time.

Section 1. * That all that part of the south exterior street in the town of Vandalia, lying between* Third Street and the eastern boundary of said town, be, and the same is hereby declared vacated, and annexed to, and made a part of, the public burial ground of said town.

Sec. 2. That out-lot number three in said town, be, and the same is hereby granted to the president and trustees of the town of Vandalia, to be used by them as a public burying ground for said town.

Sec. 3. That Harvey Lee, Joseph T. Eccles, and James W. Beriy, be, and they are hereby appointed commissioners to lay off* one-half acre of said out-lot number three, to be used exclusively for the burial of members of the senate and house of representatives, and other officers of the government, who may decease here in the discharge of their publio duties, and enclose the same with a strong and substantial fence, and it shall be the further duty of said commissioners, after having performed the duties herein enjoined to remove the remains of John B. Emaouel Canal, late a member of the house of representatives of this state, within the said inclosure. The auditor of public accounts is hereby authorized and required to issue his warrant, on the treasurer, in favor of said commissioners, for a sum not exceeding fifty dollars, to enable them to carry the provisions of this act into effect.

Five persons died, while in the discharge of their duties as members of the legislature and state officers, and were buried in the old oemetery, and through the munificence of the State a monument was erected to tbeir memory. After the New "Sooth Hill" Cemetery was laid out, the moi^ument was then moved to and erected on a desirable platt, near the entrance. The names of the gentlemen were as follows: Hon. John B. Emanuel Canal, a representative from Madison County, was born at Baltimore, Md., June 24th, 1809, and died at Vandalia Dec. 31st, 1830; Hon. William McHenry, representative from White County, born October 3d, 1774, died in Vandalia Feh. 3d, 1835; Hon. Benjamin A. Clark, representative from Wayne County, born Feb. 17th, 1799, died in Vandalia June 9th, 1836; Hon. John Thompson, representative from Randolph County, died at Vandalia during tne winter session of 1836; Judge A. F. Grant born in Inverness, Scotland, March 27th, 1805, died in Vandalia, June 17th, 1836.

Section 1 . That Harvey Lee, William Waltere, James Black, Charles Prentice, Asahel Lee, William Linn, Moses Philips, J. M. Morse, N. M. McCurdy, Robert Blackwell, and Francis B. Hickman, be, and they are hereby created a body corporate and politic, by the name and style of the " Trustees of the Fayette County Manual Labor Seminary," and by that style and name to have perpetual succession. The said seminary shall be located on some eligible situation, in the township in which the town of Vandalia is located.

Sec. 6. The said institution shall be open to all denominations of Chris* tians, and the profession of any particular religious faith shall not be required of those who may desire to become students in said institution.

Sec. 8. This act shall be in force from and after its passage. (This bill having been laid before the council of revision, and ten days having inter¬ vened before the adjournment of the general assembly, and the said bill not having been returned with the objections of the council, on the first day of the present special session of the General Assembly, the same becomes a law.

Section 1 . P. 134. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the house on the public square in Vandalia, now occupied and used as a state-house, be, and the same is hereby granted to the president and trustees of the town of Vandalia, and to the County of Fayette, to be owned, occupied, and be used by the said corporation and county, in severalty as follows: The west half of said house, making the centre of the passage below and above the line of division, shall be used and occupied by the county as a court-house, or place of holding courts for said county, and for public offices, and shall be under the control of the county commissioners of said oounty, as other public buildings: the east half of the said house shall be under the control of the said President and Trustees of the Town of Vandalia, and used for school purposes, and such other purposes as said president and trustees may deem for the interest of the inhabitants of the town, with this condition, that if at any time here¬ after, a county seminary shall establish in said county, the said east half of said house, or such part thereof as may be required, shall be used and occu¬ pied for that purpose, under the control and direction of the authority which may govern tne said seminary.

Sec. 2. The oounty commissioners of Fayette County may select a suffi¬ cient number of stoves, chairs and tables out of the state-house for the use of the court-house and clerks' offices, which shall be delivered over to then* by the persons having chafge of the same, and the president and trustees of the town shall also select the same description of articles for the use of the part of the house, granted to the corporation; and all furniture remaining in the house, after the selection aforesaid, shall be delivered over to the prtwident and trustees, of said town, to be sold under their directions, and the proceeds of sales vested in a library, for the use of the inhabitants of the town.

Sec. 3. The square on which the State-house stands shall forever remain a public square, subject to be enclosed and used as at present, and never to become private property

Sec. 4. All the lots ovraed by the State, situated in Vandalia, which have not been appropriated to some use, are hereby granted to the county of Fayette, and the County Commissioners of said county are hereby authorized to sell said lots, and appropriate the proceeds of such sale to the making or re pairing of bridges in the county of Fayette. This act shall be in force from the date at which the f/ublic offices shall be removed from Vandalia.

The Seminary mentioned above lived only for a short time, and the Trus¬ tees subsequently sold out its interest, in the public building formerly used as a State-house to the oounty, since which time the entire building has been used for county purposes.

The following certificate and letter is inserted for the purpose of showing the change public opinion has undergone in relation to slavery, between the years 1817 and 1839:

The certificate explains itself, and goes far to prove ho# venr unenviable was the position of our colored brethren in the early part of the present century. It is not at all surprising that the negro Nelson should endeavor to make his escape from a master who took so little interest in him, that he could furnish no discriminating marks to distinguish him save those he had caused to be inflicted at the whipping-post.

We certify that Michael Collier, Jr., Had a Negro Man Runaway on the first day of September Last named Nelson five feet seven or eight inches High, about twenty-four years of age well made to his height He is Mark'd on the Back by the whip at the whipping-post no other marks Recollected

Most of the readers of this work are familiar with the law of requisition, pertaining to fugitives from justice from another 8tate. On the 6th of May, 1839, an act was passed by the Legislature in the State of New York, rela¬ tive to the detention of such fugitives. The Governor of that State trans¬ mitted copies of this law to the Executive of each of the States of the Union, to the end that reciprocal laws might be enacted by such States. The following is a copy of the letter accompanying. The Act, signed by William H. Seward, tuen Governor of the State of New York, to Thomas the then Governor of the State of Illinois.

Sir : - I have the honor to transmit a copy of a Law of this State, passed at the recent session of the Legislature, entitled " An Act to authorize the arrest and detention of fugitives from justice from other States and Territo¬ ries of the United States."

It is the opinion of the Legislature of this State that the general welfare would be promoted by the enactment of similar laws in the several States and Territories. I respectfully submit the subject to your Excellency's con¬ sideration. I have the honor to be

The capital was removed to Springfield in 1839, as provided by the act of 1833. Vandalia. rapidly declined in population, and for a number of yeare it seemed destined to disappear. It recuperated, hoWbver, and is now a thriv¬ ing and important city with a population larger than ever before. The open¬ ing of two trunk lines of railroad which intersect at this point, and the steady growth of the country in population and wealth, have ad 1 conspired to aid in its prosperity.

Fair Ground Raid

During the late civil war, public sentiment in Fayette County, was divided as to the policy <?f the government during the prosecution of the war. A series of unfortunate circumstances occurred, which served m increase sectional ani¬ mosities. In 1863 the Prov. Marshall, Jas. F. Han, with thirteen soldiers commanded by Capt. Somerville, went down to Seminary township to arrest some deserters. One of the soldiers was shot from the road-side, supposed to have been done by one of the deserters. No deserters were found. The command however arrested three citizens, to be held as kind of hostages, un¬ til the desertem should be surrendered ; as they vere returning to Vandalia, and in passing a school-house on the road near Robert Mitchell's place, they were fired upon by parties in ambush, and Capt. Somerville was wounded in the arm. A short time thereafter the arm was amputated, from the effects of which he died. Marshall Han brought the three meo to Vandalia. They were taken thence to Olney, Ill., the headquarters of Col. O'Kane, Marshall of ihe district.

At this time there was an organization in the County which claimed for its object the protection of the citizens, from what they termed arbitrary arrests. They assembled at the fair ground in numbers variously estimated at from three to five hundred men, officered and equipped with shot-guns, rifles, re¬ volvers, etc., ready to defend what they misconceived to be their rights. These men were congregated principally from Fayette and Bond Counties, with the avowed purpose of rescuing the three citizens who were taken to Olney by the marsnall. After being stationed at the fair ground for a short time, they were removed some distance west of Vandalia, where they went into camp. Fre*h arrivals increased the number to about seven hundred.

A public meeting was called in Vandalia, and a committee appointed, consisting of Mathias Fehren, Col. Fred Reaman, Michael Lynch, Jacob Fouke aud C. W. Higinbottom, were sent down to Olney to secure if possible the release of the three men. The committee had an interview with Col. O'Kane, who afterwards sent a small detachment of soldiers to Vandalia.

The crowd on learning that they were likely to come in contact with United States troops, speedily abandoned their warlike attitude and dispersed on the evening of Aug. 27, 1863.