Macon County, Illinois - Chapter with an unread heading (no. 9 of those read), 1880

Civil History

E great distinction between the present inhabitants of this country and the "lost race" of America known as " Mound-Builders," who far back of the Indian race, occupied portions of the Mississippi Valley with a dense population, is that the people of the present day, with their superior intelligence, preserve and transmit to their posterity, in permanent form, the records of their thoughts and deeds, their progress in science and art, and in all the humanizing influences

County Of Macon

" Section 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 southwest corner of section numbered eighteen, in township numbered fourteen north, of range numbered one east of the third principal meridian ; thence due north with the said third principal meridian line to the northwest corner of township numbered twenty north, of range numbered one east ; thence due east with the line between townships numbered twenty and twenty-one north, to the northeast corner of township numbered twenty north, of range numbered six east; thence due south with the line between ranges numbered six and seven east, to the southeast corner of section numbered thirteen, in township numbered fourteen north, of range numbered six east ; and from thence due west along through the middle of townships numbered fourteen north, to the place of beginning, shall constitute a county, to be called the county of

* Macon county derived its name from Hon. Nathaniel Macon, of North Carolina, whose fame, at the time of the formation of the county, extended throughout the nation. He was born in Warren county, N. C., in 1757, and died in the same county, June 29th, 1837. He was educated at Princeton, N. J., and was there at the opening of the war of the Revolution. In 1777 he left college, and served for a short time as private in a company of volunteers. At the expiration of his term of service, he commenced the study of law, but soon re-enlisted in the army under his brother John. He continued in the service until peace was declared. He was present at the fall of Charleston. For all his arduous services in the war, he steadily refused compensation, nor would he accept a pension after the government had provided one. Before he left the army he had been elected to the State Senate, in which he served until 1785. When the Constitution of the United States was proposed, he, like Patrick Henrv, thought '' it squinted too much in the direction of monarchy,'' and therefore opposed its adoption. He thought the general government proposed was too independent of the States. Mr. Macon was elected to the lower house of Congress in 1791, where he continued to serve until 1815, serving as speaker from 1801 to 1806. From the lower house he was transferred to the U. S. Senate, in 1816, where he remained until 1828, and was President pro tem. of that body in 1825-27. He was thirty-seven years in Congress uninteruptedly - the longest continuous service of any one man. Twice during Jefferson's administration he declined the office of Postmaster General. He was a Democrat in politics, and had an earnest conviction in the ability of the people for self-government. Jefferson said he was "the last of the old Romans,'' and Randolph called him "the wisest man he ever knew." In his temperament he was a stoic, disregarding style and conventionalities, and in all things practiced the strictest economy'. - Smith's History Macon County.

"Sec. 2. For the purpose of locating the seat of justice of the said county of Macon, the following named persons are appointed Commissioners, to wit : John Fleming, Jesse Rhodes and Easton Whitton, whose duty it shall be to meet at the house of James Ward in said county, on the first Monday in April next, or within ten days thereafter, and after being duly sworn before some justice of the peace of this State, faithfully and impartially to discharge the duties imposed upon them by this act, shall proceed to determine upon a place for thfi location of the said seat of justice, having due regard to the situation of the settlements, the convenience of the people, and the future population of said county.

" Sec. 3. The said commissioners are hereby authorized to locate the said seat of justice on the land of any person or persons who may be the fee simple owners thereof, if the proprietor or proprietors of such land shall donate and convey, with covenants of general warranty, to the county commissioners, for the use of said county, a quantity of land not less than twenty acres, in a square or oblong form, upon which to erect the public buildings; or otherwise, the said commissioners may, in their discretion, locate the said seat of justice on any of the public lands in said county, as may seem to be the most advantageous to the future interest of said county.

"Sec. 4. As soon as said service shall be performed, the said commissioners shall make a report of their proceedings, under their proper hands and seals, to the first county commissioners' court, to be held for and in said county, designating particularly the place selected, and a description of the same. And if the situation on the public lands shall be preferred, after examination as aforesaid, the half-quarter or quarter section of land upon which the same may be located shall be stated in said report ; and in that event, it shall be the duty of the said county commissioners, as soon thereafter as they may be enabled, to enter and purchase the same, at the proper land office, in their respective names, as county commissioners, for the use of the county of Macon ; all of which said proceedings the county commissioners' court shall cause to be entered at large on their books of record.

" Sec. 5. As soon as a suitable site shall have been selected for the seat of justice, and a report made thereof, as aforesaid, it shall be the duty of the county commissioners to cause such donation, or tract of land (if pub'ic land should be selected), or so much thereof as they may deem advisable, to be laid off into lots, and be sold upon such terms and conditions as may be considered most advantageous to the interests of the county, and the proceeds of such sales shall be applied to the erection of a court-house and jail, and such other public works as may be necessary for the use of said county. And as often as any lots shall be sold as aforesaid, it shall be the further duty of said county commissioners to make conveyances for the same to the purchasers thereof, in their own names, as commissioners for and in behalf of said county.

"Sec. 7. An election shall be held at the house of James Ward, on the second Monday of April next, for one sheriff, one coroner and three county commissioners, for said county, who shall hold their offices, respectively, until the next general election, and until 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 three qualified voters to act as judges of said election, who shall appoint two qualified voters to act as clerks.

Sec. 8. It shall be the duty of the clerk of the circuit court, who may be appointed for such county, to give public notice, at least fifteen days previous to said election, of the time and place, when and where the same will be held, and the officers to be elected thereat ; and in case there should be no clerk, it shall be the duty of the recorder, or any justice of the peace residing within the limits of said county, to give notice of the time and place of holding the same, as aforesaid.

"Sec. 9. The commissioners appointed to locate the seat of justice, as aforesaid, shall receive the sum of one dollar and fifty cents per day for each day by them necessarily consumed in discharging the duties imposed upon them by this act, to be allowed by the county commissioners' court, and paid out of the treasury of said county.

"Sec. 10. Until the next apportionment of members of the General Assembly shall be made, said county of Macon shall vote with the counties of Fayette, Bond, Montgomery, Shelby and Tazewell ; and the clerk of the said county of Macon shall meet the clerks of the said counties of Fayette, Bond, Montgomery, Shelby and Tazewell, at Vandalia, the seat of justice of Fayette county, to compare the number of votes given for Senator and Representatives to the General Assembly, and sign the necessary certificate of election, at Vandalia, and deliver the same to the person or persons entitled thereto.

* " It will be observed by the foregoing act that the county, so formed, was much larger than it is at present. It then included all of what is now DeWitt county, except the northern tier of townships; all of Piatt county, except one township, and about half of Moultrie county. On the first of March, 1839, DeWitt county was formed, establishing the northern line of this county where it now is. On the following day an act was passed adding to the county of Macon that portion now known as Niantic township. It may be remarked, in this connection, that the formation of DeWitt, and the losing of that much territory to this county, was a source of but little concern to our people. In fact, at the time it was urged that the southern line of DeWitt should be extended far enough south to include the present towns of Maroa, Austin and Friend's Creek. This tract of land, now rich, highly productive, and as finely improved as any other portion of the county, was then considered a burden, and not desired by Macon, and not wanted by DeWitt. It was not thought possible to cultivate the soil, or that it would ever be inhabited ; and the expense of keeping up roads through it was considered to be largely in excess of the income to be derived. At that day there were but few people who dreamed even of the large prairies becoming settled and put into cultivation. The most that was claimed was that the farms would extend but a short distance from the timber, and the prairies remain forever wild, and used for grazing purposes only. Many of the early settlers made 'clearings,' and started their little farms in the timber, as they had been accustomed to do in the States from which they came. It is not strange, however, that the opinion was entertained that much of the prairie land was absolutely useless and valueless, for at that period, for the greater portion of the year, they were almost submerged with water. Horses and cattle would mire on land now considered dry, and forming some of the best farms in the county. It is asserted by some of our then residents of the county, that the object of securing the addition to the county of the present Niantic township, was to prevent the removal of the county seat from Decatur to a little town then just commenced in the township of Friend's Creek, called Murfreesboro. It will be remembered that Piatt county was then a part of Macon, and the proposed new county seat, being nearer the center of the county than Decatur, may have actuated Mr. Gouge, who was then our representative in the legislature, in procuring this addition to our western territory. The assertion, however, that any such notions were entertained as to the proposed change in the county seat, is denied by others who were residents at the time. It is very probable, however, tliat there was a change of the 'seat of justice' anticipated, for the Niantic territory was considered worthless, except as so much ballast to counterbalance the eastern portion of the county. And the prospects of Murfreesboro, it seems, were blighted about that time, and it has long since ceased to be, except in the recollection of a very few of our oldest residents.

In January, 1841, Piatt county was formed from portions of DeWitt and Macon counties, and in February, 1843, the county of Moultrie was formed from portions of Shelby and Macon counties, each by acts of the legislature. Macon county now remains as left after the passage of the last act, forming Moultrie county. It now contains an area of five hundred and seventy-seven square miles, or 369,280 acres."

Report Of Commissioners

The Commissioners appointed by virtue of the second Section of the foregoing Act, met April 10th, 1829, and having viewed the several locations that had been proposed for the seat of Justice, made the following report, as shown by the official record of the County Commissioners' Court:

"We, the Commissioners appointed for the purpose of locating the seat of justice for Macon county, after being duly sworn before John Miller, an acting justice of the peace for said county of Macon, having carefully and impartially viewed and examined the situation and convenience, likewise the advantages, of the present and future population, have located the said seat on the fifteenth section in township sixteen north, in range two east, northeast quarter and east half of said quarter, the southeast corner of said above-named half quarter, in compliance to an act of the General Assembly requiring us so to act. Approved January 19, 1829. Whereunto we have set our hands and seals this tenth day of April, in the year of our Lord, 1829.

At the June term, 1829, of the County Commissioners' Court, it was ordered that Easton Whitton, be and he is hereby allowed the sum of ten dollars and fifty cents in full for his services as Commissioner to locate the seat of Justice of Macon county; and John Fleming and Jesse Rhodes are allowed seven dollars and fifty cents each in full for their services for doing the same business.

Laying Off The Town Of Decatur

The site for the county seat having been selected, as shown by the preceding report, an order directing that the town of Decatur be laid off, was 1n3.de by the County Commissioners, June 1, 1829, as follows :

" Ordered, That Benjamin R. Austin, County Surveyor for the county of Macon, be and is hereby required to lay off the town of Decatur, in said county, after the form of Shelbyville, and make and return to one of the commissioners of this court, a complete plat of the same on or before the first day of July next."

Under the above order the " old town " of Decatur was laid out and platted, which contained twenty acres. Its boundaries were: Prairie street on the north, Water street on the east, Wood street on the south, and Church street on the west, and was divided by Main street, running east and west, and by North Main street, running north and south The ' old town ''Remains substantially as platted, "after the form of Shelbyville," with the exception that Merchant street has been formed since, and some of the lots are divided so as to run north and south instead of east and west, as laid out.

By the act creating this county, the land upon which the Commissioners located the " seat of justice " was to be donated to the county. The land on which the county seat was located had not, in fact, been entered from the government at the time, but was afterwards entered by Parmenius Smallwood, Easton Whitton and Charles Prentice, and a deed was by them made to the County Commissioners, on the eighth day of October, 1831.

" Ordered that Benjamin R. Austin, County Surveyor, be and he is hereby allowed the sum of twenty-four dollars for laying out the town of Decatur, the County Seat of Macon County. According to the preceding order the "old town" of Decatur, which covered twenty acres, was laid out and platted. The boundaries were: Prairie street on the north, Water street on the east, Wood street on the south, and Church street on the west.

Sale Of Town Lots

" Ordered, That a sale of lots take- place in the town of Decatur, in this county, on the tenth day of July next, on the following terms, to-wit : A credit of twelve months will be given, and note with approved security required, and that the clerk of this court is required to advertise the sale in the paper printed in Yandalia, until the day of sale."

Articles Taxed And Rates Of Taxation

" Ordered, That for the purpose of raising a revenue to defray expenses of the county for the year 1829, a tax of one half per cent, be levied upon the following personal property, to-wit : On slaves and indentured or registered negro or mulatto servants ; on pleasure carriages; on distilleries; on stock in trade; on all horses, mares, mules, or asses, and neat cattle over three years old ; and on watches, with their appendages, and on all other personal property except the lawful fire-arms of each individual." The total amount of tax collected under this order was $109,321.

First Tavern License

At the same term of the commissioners' court, the first tavern of Decatur was legally established, and the rates of charges were fixed by the following orders:

" On application of James Renshaw to keep a tavern in the town of Decatur, it is ordered that license be and is hereby granted to said Renshaw, to keep a tavern in said town of Decatur, for one year from the twenty-sixth day of October, 1829, by his paying four dollars into the county treasury, which is done.1'

" Ordered, That the tavern rates for this county shall hereafter be as follows, to- wit: For breakfast and horse fed, 37j cents; keeping man and horse each night (the man to have supper aud lodging), 62 2 cents ; dinner and horse fed, 37 J cents; brandy, rum, gin, wine or cordial, 25 cents per half pint ; whisky or cider brandy, 12b cents per half pint."

First Ferry License

"On application of John Ward, of Macon county, to keep a ferry on the north fork of the Sangamon river, where the road from Shelbyville to Decatur crosses the same, Ordered, That license be granted for the same for one year from the seventh day of December, 1829, by his paying into the county treasury oue dollar, he having entered into bond for one hundred dollars, with John McMennamy his security, which was examined and approved by the court. Ordered, That the following ferry rates for John Ward's ferry, where the road from Shelbyville to Decatur crosses the north fork of the Sangamou river, in said county of Macon, be as follows, to-wit: Footman, 6} cents ; man and horse, 121 cents; one horse carriage, 18f cents ; two horse carriage, 25 cents ; four horse carriage, 50 cents; each additional person, cents; each head of swine, sheep, or cattle, 3 cents."

At the first county commissioners' court, held at the house of James Ward, May nineteenth, 1829, the first county clerk was appointed as follows :

" On motion Daniel McCall received the appointment of clerk of said county, and the necessary oath required by law, in open court, also gave bond, conditioned as the lawT directs, which was examined and approved by the court; and he then entered upon the duties of his office."

On motion it is ordered that Benjamin R. Austin be and he is hereby appointed treasurer of Macon county, to continue until the next March term of this court; v'hereupon the said Benjamin R. Austin, together with John Miller and William King, his securities, entered into bond in the penalty of two hundred dollars conditioned as the law directs, which was examined and approved by the court, and the said Benjamin R. Austin, thereupon, filed a certificate of his having taken the oath required by law.

' Ordered, That this county be, and is hereby laid out into two districts for the election of magistrates and constables, to-wit : All north of the north fork of the Sangamon, in this coimty, to be called Decatur ; aud that Philip D. William, Henry Florey and Isaac Miller, are appointed judges of said election, who are required to hold an election at the house of Parmenius Smallwood, in said district, on the twentieth day of this month, for three justices of the peace and two constables. All south of said river shall compose the other district, to be called Ward's district, and that Robert Foster, Michael Myers, and James Ward, are appointed judges of said district, who are required to hold an election for two justices of the peace and two constables on the twentieth iust., at the house of James Ward, in said district.' "

First Road Districts, Etc

Ordered, That the county of Macon be and is hereby laid out into the following road districts to wit: No. 1 to include all of said county north of the North fork of the Sangamon River, and that William Hanks be and he is hereby appointed Supervisor of the same, to serve until the next March term of this court. Aud all south of said river to be included in district No. 2, and that John Me Mennamy be and he is hereby appointed supervisor of said district No. 2, to serve for the same time as the Supervisor of district No. 1.

First Road Viewers

Ordered, That William Ward, James Ward and Robert Smith be and they are appointed Viewers of so much of the road leading from Paris in Edgar county to Springfield in Sangamon county, as lies between the house of Widow Ward and the Furrow leading in the direction from Paris to Springfield, aud make report thereof to this court at their June term next.

Ordered, That John Ward be and he is hereby allowed seven dollars and fifty cents for his services as commissioner, to locate a road from Shelbyville to the mouth of the big Vermillion on the direction to Fever River.

First Legal Documents

To all whom it may concern. Know ye, that we Parmenius Smallwood, Easton Whittou and Charles Prentice having entered at the laud office iu the Vandalia district the east half of the southeast quarter of section fifteen, township sixteen north, range two east, containing eighty acres, and paid for the same, and the commissioners for locating the seat of Justice for Macon county having designated the above named land as a tract proper for said location, and we being also desirous that the said seat of justice should be located thereon, therefore we and each of us do hereby promise and agree to make and execute to Elisha Freeman, Benjamin Wilson and Janies Miller, county commissioners in and for said county of Macon, or to their successors iu office, a deed of gift with covenants of general warranty for twenty acres of said tract of land comprising that part of the same which has been designated, surveyed and marked for the purpose and use aforesaid, as soon as can be conveniently done after we have received a patent for the said tract from the General Land Office of the United States, which deed for the said twenty acres, shall be drawn and executed in all respects conformably to the requirements of the third section of the act of the General Assembly of Illinois, entitled an act to establish a new county to be called the county of Macon, approved January 19th, 1829. For the true aud faithful performance of which, we hereby bind ourselves, our heirs, executors, administrators and assigns. Witness our hands aud seals this 20th day of June, 1829.

Which The Town Of Decatur Was Located

This Indenture made aud entered into this eighth day of October in the year of our Lord One Thousand eight hundred and thirtyone, between Parmenas Smallwood, Easton Whitton and Charles Prentice, of the State of Illinois of the first part, and the county commissioners of the county of Macon and state aforesaid, and their successors in office of the second part wituesseth : That the said parties of the first part for and in pursuance of the third section of an act to establish a new county to be called the county of Macon, approved January, 1829, do hereby give, grant, donate and convey unto the said party of the second part a certain tract or parcel of land, lying and being in said county of Macon containing twenty acres off the south-east corner of the east half of the north-east quarter of section fifteen in township sixteen north and in range, two east comprising that part of the same which has been designated, surveyed and marked for the seat of justice for Macon county. To have and to hold the aforesaid tract or parcel of land, together with all the rights, profits, tenements and appurtances thereunto belonging or in anywise appertaining to the only proper use, benefit and behoof of them the said party of the second part and their successors in office forever : and the said parties of the first part, do covenant and agree with the said party of the second part that they will forever warrant and defend the said tract of land from the claim of themselves, the said party of the first, part their heirs and assigns, and against the claim or claims of any other person or persons whatsoever. In testimony whereof the said party of the first part have hereunto set their hands and seals the day and year first above written. Signed and sealed in presence of

Before me, a justice of the peace in and for said county, this day came Easton Whitton and Charles Prentice, the grantors in the above deed named, personally known to me as the same persons who executed the said deed, and they severally acknowledged the same to be their act and deed made and executed by them in pursuance of the act of the Legislature of Illinois approved January 19th, 1829, entitled an Act to establish a new county, to be called the county of Macon.

I, James Berry, clerk of the county commissioners' court within and for said county, do hereby certify that James Whitlock, before whom the above acknowledgment was made, and who has certified the same as above, is a justice of the peace in and for said county of Fayette, duly elected by the commissioners and sworn into office according to law.

In testimony whereof I have hereunto subscribed my name and affixed the seal of said court at Yandalia, this the eighth day of October, A. D. 1831.

This day came before me, the clerk of the circuit court of said county, Parmenius Smallwood, personally known to me to be one of the grantors of the within deed, and acknowledged the same to be his free act and deed made and executed by himself, Easton Whitton," and Charles Prentice, in pursuance of an act of the Legislature of Illinois approved January 19th, 1829, entitled an Act to establish a new county to be called the county of Macon.

United States Patent To Part Of The Present Site Of

Whereas David L. Allen, of Shelby county, Illinois, has deposited in the General Land Office of the United States, a certificate of the register of the Land Office at Vandalia, whereby it appears that full payment has been made by the said David L. Allen, according to the provisions of the act of Congress of the 24th of April, 1820, entitled "An Act making further provision for the sale of the public lands," for the west half of the northwest quarter of section fourteen, in township sixteen north, of range two east, in the district of land ottered for sale at Vandalia, Illinois, containing eighty acres according to the official plat of the survey of said lands returned to the General Land Office by the Surveyor General, which said tract has been purchased by the said David L. Allen.

Now know ye : That the United States of America, in consideration of the premises, and in conformity with the several acts of Congress in such case made and provided, have given and granted, and by these presents do give and grant unto the said David L. Allen and to his heirs the said tract above described, to have and to hold the same, together with all the rights, privileges, immunities and appurtenances of whatsoever nature thereunto belonging, unto the said David L. Allen and to his heirs and assigns forever.

In testimony whereof, I Andrew Jackson, President of the United States of America, have caused these letters to be made patent, and the seal of the General Land Office to be hereunto affixed.

Given under my hand and seal at the City of Washington, the sixteenth day of March, in the year of our Lord one thousand eight hundred and twenty-nine and of the Independence of the United States the fifty -third.

First Deed Recorded

This Indenture made this nineteenth day of December, in the year of our Lord, one thousand, eight hundred and twenty-nine, between John Ward and Jane, his wife, of the county of Macon, State of Illinois, of the one part, and Benjamin Wilson of the same place of the other part. Witnesseth that the said John Ward and Jane, his wife, for and in consideration of the sum of two hundred and fifty dollars, to them in hand paid, the receipt whereof is hereby acknowledged, hath granted, bargained and sold, and by these presents doth grant, bargain, sell and conform unto the said Benjamin Wilson, his heirs and assigns, all that tract of land being in the county and State aforesaid ; E i N. E. qr. sec. 33 T. 16 north, range one east, together with all and singular the premises with the appurtenances thereunto belonging or in any wise appertaining, to have and to hold the land hereby conveyed with the appurtenances unto the said Benjamin Wilson, his heirs and assigns forever, and the said John Ward and Jane, his wife, for themselves, their heirs, executors, and administrators, the aforesaid tract of land and premises unto the said Benjamin Wilson, his heirs or assigns against the claim or claims of all and every person or persons whatsoever, the said John Ward and Jane, his wife, doth and will warrant and forever defend by these presents. In witness whereof the said John Ward and Jane, his wife, have hereunto set their hands and seals, the day and date first above written. Signed, sealed and delivered in the presence of

This day came before me, Daniel McCall, Notary Public for the county of Macon, John Ward and Jane, his wife, and acknowledged the above deed to be their free act and deed for the purposes therein mentioned, and the said Jane Ward, being examined by me, separate and apart from her said husband, acknowledged that she relinquished her said right of dower freely, willingly, and voluntarily without either persuasion or threats from her said husband.

First Will On Record

August first, 1830. - Be it remembered that I, Christopher Whitman, of Macon county, Illinois, seem weak in body but sound in mind and memory, do make this, my last will and testament : That every thing remain as it is until my just debts are all paid, then my property to continue in the possession of my wife so long as she - remains unmarried, and none of the property sold only in case of buying land ; but if my wife should, in the course of life, marry, the property to be sold, she to have one equal part with the heirs, and a horse and saddle to her part, and the balance divided amongst my heirs ; that my wife should administer on the estate with the assistance of James Miller, until Richard Whitman comes to this State, then he shall be the administrator ; but if he should not come my wife shall have the liberty of choosing of an adminstrator.

First Murder Trial

The trial of Samuel Huffman for the murder of Wesley Bohrer occurred on Friday, May 29, 1846, and the following was the verdict of the jury :

This day came the people, by the Attorney-General, and the defendant in his proper person ; and the defendant, being furnished with a copy of the indictment and a list of the jurors and witnesses, says that he is not guilty as charged in the indictment, and thereupon puts himself upon his country for trial, and the people " do the likes;" and thereupon came a jury, to-wit: Anderson Froman, Jacob Garver, Christian Garver, David Morris, Wesley Smawley, Micajah S Oxley, John Hanks, John Stickel, Andrew W. Iladdick, Isaac Howell, Samuel Widick and A.B Gilleland, who being duly sworn, well and truly to try the issues joined, after hearing the various proofs and allegations, for verdict say, they find the defendant, Samuel Huffman, guilty of man-slaughter, and sentenced him to confinement in the penitentiary for the period of five years, and that he pay the costs of this prosecution. It is further ordered that the sheriff of Macon county convey the said defendant to the penitentiary, and deliver him to the proper officer in charge thereof.

First Divorce Case

This day came the complainant, by his solicitor, Emerson, and the defendant, Susan Stuart, being three times called, came not, but makes default, and it appearing to the satisfaction of the court that notice of the pendency of this suit had been given, by publishing the same in the Sangamon Journal a newspaper printed in the State, for four weeks successively, the first publication being made at least six weeks before the first day of the present term of the court, and the defendant having failed to enter her appearance and answer said bill of complainant: it is, therefore, ordered and decreed, That the said bill of complainant be and the same is hereby taken for confessed, and the court having heard the proofs and allegations of said bill, and being satisfied of the truth thereof and that the said Susan had absented herself from her said husband for more than the space of two years before the filing of this bill, - it is, therefore, further ordered and decreed by the court, that the bonds of matrimony heretofore existing betwen the said William Stuart and Susan Stuart be, and the same are, hereby dissolved, and that the marriage contract between them be, and the same is, hereby canceled, annulled, and wholly vacated, and that the complainant pay the cost of this suit.

First Grand Jurors

At a county commissioners' court begun and held at the house of James Ward (blacksmith shop four miles south of Decatur) on Monday, the 3d day of August, 1829, it was ordered that the following named persons appear before the circuit court to be held at the house (blacksmith shop) of James Ward in said county on the first Thursday succeeding the first Monday after the fourth Monday at the hour of eleven o'clock, A. M., to serve as grand jurors, to-wit: Benjamin R. Austin, Francis G. Hill, Robert Foster, William Freeman, Lambert G. Bearden, James Ward, Jeremiah Ward, William D. Baker, Michael Myers, William Wheeler, Edmund McDaniel, William Miller, John Miller, sr., James Hanks, Isaac Miller, David Miller, Samuel Miller, William King, T. Cowan, Luther Stevens, John Miller, John Hanks and Jonathan Miller.

First Petit Jurors

At the same term of court the following persons constituted the petit jury : David Miller, Dorus Stevens, Hubbell Sprague, Parmenas Smallwood, James Owens, Winkfield Everett, William Ward, John Widick, Samuel Widick, James Taylor, James A. Ward, James Myers, John Mowry, Horace McMertery, James Finly, James McGinas, George Widick, Elisha Moore, Dempsey Pope, Jones Edwards, Berry Rose, John Ward, Smith Mounce, and Henry Carter.

The Second Grand And Petit Jurors

' Ordered , That the following named persons appear before the circuit court, to be held at Decatur on the sixth day of May next, at the hour of eleven o'clock, a.m., to serve as grand jurors, to-wit : Benjamin R. Austin, Francis G. Hill, Robert Foster, William Freeman, Lambert G. Bearden, James Ward, Jeremiah Ward, William D. Baker, Michael Myers, William Wheeler, Edmund McDaniel, William Miller, John Miller, sr., James Hanks, Isaac Miller, David Miller, (2d), Samuel Miller, William King, Thomas Cowan, Luther Stevens, John Miller (2d), John Hanks, and Jonathan Miller ; and that the following named persons appear at the circuit court, at the time and place above mentioned, to serve as petit jurors, to-wit: David Miller, Doras Stevens, Matthias

County Buildings The First Court-House

Was a log structure about 20x20 feet and a story and a half high. It contained two rooms one above the other and was heated by an old-fashioned fire-place. The building stood on the west half of lot four (4) in block four (4) of the original town of Decatur.

It was built in the latter part of the year 1829 and spring of 1830, and continued to be used as a court-house till 1838, when it was moved to what is known as the " Robert Allen Farm," where it is now used as a barn.

Second Court-House

The second court-house was a brick building about 40x40 feet, erected in 1838, on the southwest corner of the public square. As the population of the county became larger and the legal business increased, this temple of justice like its predecessor was at length found to be too small and the count}' in 1870 leased a part of Powers' Block which constitutes the present court-house. The second story is used as the court-room : the first floor contains most of the county offices, which, as well as the court-room, are pleasantly situated, spacious and commodious.

The First Jail

The first jail of Macon county erected in November, 1832, was a log structure built with hewed logs about twelve inches square. The building was about twelve feet square at the base, and contained two rooms, one above the other. It was situated on the northwest corner of Water and Prairie Streets. About the year 1836, it was moved to the north-west corner of Wood and Church Streets, where four years later it was burned down.

Second Jail

From the burning of the first jail to 1843, the county was without a jail. Iu the latter year a brick jail two stories high and containing two cells was erected on the site of the old one - corner of Wood and Church Streets - and was used for jail purposes till 1868, since which time it has been the city calaboose.

Present Jail

The present jail, which is fifty feet long by forty wide, was erected in the year 1868, on the south side of Wood Street between Water and Franklin Streets. Its walls are stone, and its interior is lined with wood and boiler iron. It contains, in all, twenty-four cells, two of which are on the second floor, and used to confine persons guilty of minor offences. Joined to it is the residence of the sheriff, which is 32x42 feet, and has two stories. The residence is of brick, with four rooms below aud five above, besides a commodious basement. The jail has all the modern improvements common to such iustitutions.

The original cost of the entire building was forty-five thousand dollars. There were in all one hundred and seventy-two prisoners confined in this jail during the year 1879. The present number is ten. Through the courtesy of Martin Forstmeyer, Esq., present sheriff, we are able to give the expenses of the jail for one year from June 1, 1879, to June 1, 1880, as follows :

This institution is located on the south half of section 25, in township 17, N. R. 2 east, of the third principal meridian. The farm itself contained 206 acres. The main building was completed in 1873, and was connected with another house built by the county; the two together having, in all, thirty rooms.

The cost of the poor-house, including the old and the new buildings, was upwards of seven thousand dollars. The original building purchased with the farm has been detached, repaired, and at present, has eight apartments for insane persons. The outbuildings, such as barn, crib, hog stable, &c., cost an additional sixteen hundred dollars. The farm is divided into three fields, besides the small lots and yards about the building.

Belonging to the farm at present are six head of horses, ten head of cattle, and one hundred and fifty head of hogs. Everything connected with the farm is in excellent repair, showing superior care and management. Ou the part of the authorities in charge.

Agricultural Statistics of Macon county for the year ending December 31st, 1879 ; as appears from the Assessors' returns, filed in the Clerk's office.

Probate Judges

Daniel McCall, appointed Probate Judge in 1830, served until 1835 ; Charles Emmerson elected in 1835, served until 1837 ; Kirby Benedict elected in 1837, continued in office until 1843; John G. Speer elected in 1843, served until 1846 ; Thomas H. Read elected in 1846, served until 1849.

County Judges

In 1848 the new Constitution of the State made a change, organizing a County Court with one Judge, having a probate jurisdiction and providing for two Associate Justices, all to hold office for four years. Under this law there were elected :

William Prather, County Judge, elected in 1849, Jacob Hostettler and John Rucker, Associates, elected in 1849, and served until 1857 ; John Pricketts, County Judge, elected in 1857, Jacob Spangler and W. G. Cameron, Associates, elected in 1857, and served until 1860. In 1859 Township organization was adopted, making another change in the county court, vacating the office of Associate Justices. Under this law there was elected, Samuel F. Greer, County Judge, elected iu 1861, re-elected as follows: in 1865, 1869, 1873, and 1877, whose term will expire in 1881.

Conclusion

The history of Macon county includes only about half a century. Beginning with its birth just fifty-one years ago we have followed its upward career until the present (1880.) We have made mention of those who assisted at its formation, and have since been honorably connected with its history ; we have wandered together by the stream of history as, for over half a century, it has meandered through old Macon, receiving its affluents here and there, and depositing in its banks relics of the past, which patiently, and we trust successfully, we have exhumed and brought before your vision, recalling the olden time and placing it in contact with the new. Standing on some jutting headland, we view the pauorama as it slowly passes by, unfolding the scene time has £>enciled thereon. Here coming up out of the misty past, is the Indian in full chase of the bounding deer. He passes, and before his form dies away in the distance we see the first settlers moving forward with the slowpaced oxen, bearing their household treasures into the openings of the Sangamon. A cabin of rude logs rises ; the pioneer's axe rings through the woods, the cumbersome plow turns the furrows ; the pioneer mill rises, and a new life has taken possession of the wilderness, and the hunting-grounds of the red man are no more before us, but have moved westward toward the setting sun. Another scene unfolds before us, and the rude school-house and chapel are seen, wherein gather the children of the pioneer for instruction, even amid the solitudes of the border ; and we hear the song of thanksgiving and the voice of melody rise upon the air and blend with the song of birds and the rustle of leaves as the summer zephyrs move the foliage of the woods. The stage-coach rumbles up to the door of the log hostelry, notes of the driver's horn making merry echoes through the old parks and startling the quail and partridge from their coverts by the wayside ; houses of more pretentious appearance begin to dot the landscape, which is fast assuming the aspect of a prosperous community. Church spires, sure indices of civilization and refinement, point heavenward, as if to lift the thoughts of the dwellers of the land from the soil, wherefrom hitherto their chief substance has been drawn, to other sources of life rather than " bread alone." Another picture comes before us as the parallel bands of iron converging into one in the dim distance expand into the railway track, along which thunders the cars of the several lines of road passing through the county, carrying its products to the outer world. The telegraph brings the news from the sea-board, and the days of slow-moving trade are numbered and laid to rest ; magnificent school-houses, wherein the youth are fitted for life's business, professionally or otherwise, stand before us, monuments to the wisdom of the founders of the system which has made them possible. Another series of scenes comes before us, and we see in dim and shadowy outline the pioneer shouldering his trusty rifle, and bidding wife and children good-by, going westward to intercept the approach of the savage before his bloody trail shall strike his own settlement. This moves on, and in its place we see the sons of these pioneers forming by squad and company and battalion and regiment, and going forth by hundreds, yes, thousands, to defend the flag of the country which has given them a government, under whose fostering care all these later scenes have been made accomplished facts. We look upon the serried ranks as they move forward, shoulder to shoulder, against the deadly blast of war. The cannon and musketry of traitors in arms thin their ranks, but forward they bear the colors of the Union, reflected in their bloodstains every step of the weary way from Bull Run to Appomattox. Homeward they turn when victory is secure and the Union has triumphed, their columns gaping from the havoc of shot and shell and the disease of the camp and prison-pen, and their colors ragged and torn, but proud and defiant as ever. One grand ovation to the living, a sad wailing requiem for the dead, and the remnant left of the brave thousands who went forth to do battle for the right settle back into the busy routine of the private citizen, and the war-clouds pass away and gentle Peace covers all with her wings. Well has the poet said : -