Macoupin County, Illinois - Chapter 3: Organization, 1911

Chapter 3: Organization

At the time of the creation of Macoupin county that portion of the state within the confines of the county was a part of Madison; but when part of Madison county was organized and designated as Greene county, the territory comprising the future county of Macoupin was then part and parcel of Greene and was known as the "attached part of "Greene county."

In 1829 the legislature, in session at the capital, Vandalia, passed an act entitled "an act creating the county of Macoupin" and appointing five commissioners to select a seat of justice, whose names appear in the bill which is appended. The county was named Macoupin in the act. This word is of Indian origin and is abbreviated from "Macoupina," which signifies in their tongue "white potato," for that is the name they gave to the wild artichoke which grew abundantly along the water courses. The name was given to the principal stream of the county long before its organization, and when the new county was created, was conferred upon it.

Thomas Carlin, afterwards governor of the state, was at that time a senator from this district, and it was largely through his instrumentality that the passage of the bill was secured. The celebrated and eccentric pioneer preacher, Peter Cartwright, was also a member of the general assembly, and opposed the bill, saying, among other things, that "God had set apart this region as a reservation for the geese and ducks." But the demands of the citizens of the attached part of Greene county were acceded to and the legislature passed the following bill, entitled

"Be it enacted by the people of the state of Illinois represented in the general assembly, That all that tract of country within the boundaries, to-wit : Beginning at the southwest corner of ^township seven, north of range nine, west of the west principal meridian ; thence east on the line dividing townships six and seven to the southwest corner of Montgomery county ; thence due north to the southern boundary of Sangamon county ; thence west on the southern line of Sangamon and Morgan counties, to the range line dividing ranges nine and ten; thence south on said range line to the place of beginning, shall form and constitute a county to be called Macoupin.

"Section 2. For the purpose of fixing the permanent seat of justice of said county, the following persons are appointed commissioners, to-wit : Seth Hodges, Joseph Borough, John Harris, Shadrach Reddick and Ephraim Powers, who, or a majority of them being first sworn before some justice of the peace of this state, faithfully to take into consideration the convenience of the people with an eye to the future population and eligibility of the place, shall meet at the house of Joseph Borough, in said county of Macoupin, on the third day of March next, or within six days thereafter, and proceed to examine and determine on a place for the permanent seat of justice of said county ; Provided the commissioners aforesaid shall locate the seat of Justice on public land, they shall designate the same, and certify to the county commissioners of said county, as soon as they shall be qualified to office, the half quarter or quarter section of ' land so selected for said county seat ; and it shall be the duty of said county commissioners as soon thereafter as they may be enabled, to enter the same in the land office of the district in which the same may be situated, and they shall immediately thereafter lay off the same, or any part thereof, into town lots, and sell the same on such terms and conditions as may be most advantageous to the interests of said county ; and the proceeds of the sale shall be appropriated to the erection of a sufficient court house and jail. But if the said commissioners, appointed to locate said seat of justice, should locate the same on the lands of any person, or persons, and such proprietor, or proprietors, should refuse or neglect to give to the county, for the purpose of erecting public buildings for the use of said county, a quantity of land not less than twenty acres, situated and lying in a square form, to be selected by said commissioners, then, and in that case, the said commissioners shall proceed to select some other situation, as convenient as may be to the place first selected ; Provided, the like quantity, and for the purpose above mentioned. And the said commissioners, after having made such location, shall designate the same, and certify as aforesaid, to the next county commissioners court, to be held in and for said county ; and it shall be the duty of said county commissioners to demand and receive a title in fee simple, for the use of said county, for the donation of land as above stated, and to lay out the same into town lots, and sell the same, and appropriate the proceeds thereof as before mentioned ; which place, when so fixed upon, shall be the permanent seat of justice of said county; all of which proceedings shall be entered of record on the books of the county court.

"Section 3. Until public buildings shall be erected for the purpose, the courts shall be held at the house of Joseph Borough, in said county, or at such other places as the county commissioners may appoint.

"Section 4. An election shall be held at the house of Joseph Borough, in said county, 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 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 select

"Section 5. It shall be the duty of the clerk of the circuit court of said county, to give notice, in writing, at least ten days previous to said election, to be held on the second Monday of April next, and in case there shall be no clerk in said county, it shall be the duty of any Justice of the Peace, residing in said county, and commissioned a Justice of the Peace, for the county of Greene, to give notice of the time and place of holding said election.

"Section 6. The citizens of said' county of Macoupin are entitled, in all respects, to the same rights and privileges as are allowed to other citizens of other counties of this state.

"Section 7. The commissioners appointed to locate the seat of justice of said county, shall receive one dollar and fifty cents per day, for each day necessarily spent in discharging the duties imposed on them by this act, to be paid out of the county treasury of said county, and the said commissioners shall give to the said seat of justice some appropriate name.

"Section 8. The inhabitants of said county shall vote in all elections for members of the General Assembly, in the same manner as they were authorized to do, before the passage of this act. NINIAN EDWARDS, Governor.

At a special term of court held on the i2th of April, 1829, it was "Ordered that until public buildings shall be erected for the purpose, the courts in future shall be held at the house of John L. Davis, in Macoupin county.

"April 18, 1829. Ordered, that Macoupin county be divided into three election precincts, for the election of justices of the peace and constables for county.

"April 18, 1829. Ordered, that all that tract of country lying within the following boundaries, to-wit : beginning at the southwest corner of Macoupin county, and running thence east with the line of said county, to the Bond county line, thence north with said line twelve miles, thence due west to the line of Greene county, thence due south with said line to the place of beginning, shall constitute an election district for justices of the peace, and constables, and be called Cahokia district.

"April 18. 1829. Ordered, that all that tract of country lying within the following boundaries, to-wit : beginning at the southwest corner of township nine north, in range nine west, thence due east to the Bond county line, thence due north with said line twelve miles to the southeast corner of township eleven north, range six west, thence due west to Greene county line, 'thence south with said line to the place of beginning, shall constitute an election district for justices of the peace and constables, and be called Macoupin district.

"April 1 8. 1829. Ordered, that all that tract of country lying within the following boundaries, to-wit : beginning at the southwest corner of township eleven north, range nine west, thence east to the line of Sangamon county, thence due west with the said lines of Sangamon and Morgan counties to Greene county line, thence due south with said line of Greene county to the place of beginning,

"April 18, 1829. Ordered, that elections shall be held in each of the districts in this county for the election of two justices of the peace and two constables for each district, except the district in which the county seat is, in which district there shall be three justices of the peace and three constables elected, on Saturday, the sixteenth day of May next.

"It is ordered that Ephraim Powers, John Chapman and Lewis Cormack be appointed judges of election, for justices of the peace and constables in Cahokia district.

"Also, that Theodorus Davis, Samuel M. Harris and Samuel Lear be appointed judges of election, for justices of the peace and constables in Macoupin district.

"Also, that Hugh Gibson, John Nevins and James Mabrey be appointed judges of election for justices of the peace and constables in Apple Creek district.

Second Session

"At a County Commissioners' Court, begun and held at the house of John L. Davis, in and for said county of Macoupin, on Thursday, the seventh day of May, 1829.

"On motion of several citizens of Apple Creek district, the line dividing said Apple Creek district and Macoupin district, is changed thus fourteen miles directly east from the western line of said county, the line shall commence and run diagonally across the townships, so as to strike the eastern line of said county, two miles south of the northwest corner of the county aforesaid.

"The Court received the report of the commissioners, appointed by law for fixing the seat of justice for this county, which said report read as follows, to-wit :

"The commissioners appointed by the General Assembly of the State of Illinois, in the year 1829, to locate the seat of justice for the County of Macoupin, having met at the house of Joseph Borough in said county, and having fixed upon the following site for the seat of justice of said county, etc., being and lying on the S. W. qr. of Sec. 28, Township 10 N., Range 7 West. Donation 30 acres, to be situated in an oblong square, 80 poles in front on the north side, to run 60 poles south. Stake drove on the north side of public square, equidistant from E. and W. corners on N. side, facing Main St., to run due East and West.

The court received a title in fee simple for the above described lot, or donation of ground, which said bond is ordered to be filed in the clerk's office of this court. The site for the county seat was named Carlinville, in honor of Thomas Carlin; who afterwards became governor of Illinois, and who, as has been seen, secured the passage -of the creating act.

"Know all men by these presents that we, Seth Hodges and Ezekiel Good, are held and firmly bound unto William Wilcox, Theodorus Davis and Seth Hodges, county commissioners for Macoupin county, and their successors in office, in the penal sum of one thousand dollars, for the true payment whereof we bind ourselves, our heirs, executors and administrators jointly, severally and firmly by these presents. Sealed with our seals, and dated this ist day of June, 1829.

"The condition of the above obligation is such that whereas the above named Seth Hodges and Ezekiel Good have agreed to make a good and lawful deed to the above named county commissioners and their successors in office to thirty acres of land situate, and lying and being in the southwest quarter of section of No. 28, 10 N. in W. R. 7, to-wit, situated in an oblong square, 80 poles in front, on the north side to run 60 poles south. Stake drove on the north side of the public square equi-distant from E. and W. on N. side facing Main street, Main street to run due east and west. Now if the said Good and Hodges shall make a good and sufficient deed to the above described lot or parcel of ground as soon as the patent for said ground shall come to their hands, then this obligation to be void, else to remain in full force.

"It is ordered by the court that the surveyor of this county proceed to lay off the town of Carlinville into town lots, under the direction of the commissioners of this county, and that he return a plot of the same to the office of this court, previous to the 27th day of August next, and it is further ordered by the court that twenty lots of the aforesaid town of Carlinville be offered for sale on the 27th day of August next on the premises, on a credit of six, twelve and eighteen months, the purchaser giving bond with approved security for the pur- chase money, a.nd that the clerk of this court furnish an advertisement conveying the intent and meaning of this order, to be published in the Illinois Intelligencer, and also advertise the same in such public places in this county as may be deemed expedient.

"On this day personally appeared before me Ezekiel Good and Seth. Hodges, who are personally known to me to be the identical persons who executed thirty acres, as a donation, to Seth Hodges, Theodorus Davis and William Wilcox, county commissioners of said county, and also said county commissioners, all of whom acknowledged the within to be their act and plat to all intents and. purposes: Given under my hand and seal this 2/th day of August, A. D. 1829.

Assessment Of Property

At the same term an order was made by the court for the assessment of the -county, and the assessor was furnished a classified list of taxable property.

"It was ordered by the commissioners of the county that Joseph Borough be allowed four dollars and fifty cents for three days' services as a commissioner in locating the county seat; also that John Harris and Shadrach Reddick each be allowed the sum of three dollars for two days' services as commissioners to locate the seat of justice."

Laying Off The Town

To the surveyor, Joseph Borough, for surveying and platting fifty lots in the town of Carlinville, the sum of seventeen dollars and fifty cents was allowed "by the court, and the same ordered to be paid.

The First Grand Jurors

"At a county commissioners' court begun and held at the house of John L. Davis, in and for the county of Macoupin, on Monday, the first day of June, 1829.

"It is ordered by the court that the following named persons be certified to the sheriff to serve as grand jurors at the first circuit court held in this county, to-wit :

Second Venire Of Grand Jurors. April Term, 1830

"At a term of the Macoupin Circuit Court, begun and held in the town of Carlinville, at the court house thereof, on the first Friday after the second Monday in the month of April, A. D. 1830. Present the Hon. Samuel D. Lockwood, Associate Justice of the Supreme Court and presiding judge of the first judicial circuit. John Harris, sheriff of Macoupin county aforesaid, returned into court the following venire of grand jurors, to wit:

The First Petit Jurors

"Ordered, that the following persons be selected to serve as petit jurors at the next term of the circuit court for the county of Macoupin : Joseph Best, John Snell. Joseph Vincent, William Cormack, Peyton Seamonds, Alexander B. Miller, Howard Finclley, James Braden, James Hall, Shadrach Reddick, George Nettles, Richard Smith, John Wright, David Cooper, Reuben Harris, Jones Denton, John Blainey, John Record, Russel Taber, James Howard, Jones Thompson, Isaac Massey, Maxey M. Mabrey and Elijah Bristow."

"This indenture made and entered into this 6th day of November, A. D. 1829, between Theodorus Davis, Sen., of the county of Macoupin in the state of Illinois, for and in behalf of said county of the one part, and Rowland Shepherd in the county and state aforesaid of the other part, witnesseth : That the said Theodorus Davis, Sen., commissioner for and in behalf of the county aforesaid, for the sum of eight dollars to him paid in hand, doth hereby acknowledge, have given, granted, bargained, sold, conveyed and confirmed, and by these presents doth give, grant, bargain, release, convey and confirm unto the said Rowland Shepherd and to his heirs and assigns forever a certain lot piece or parcel of ground situate, lying and being in the town of Carlinville on Main street, and known and designated on the plan of map of said town by lot number seventy-one with the appurtenances. To have and to hold the aforenamed and described lot, piece or parcel of ground seventy-one in the town of Carlinville, aforesaid, together with all and singular the appurtenances, privileges, advantages, profits and emoluments belonging to it, or in anywise or degree appertaining to the same, to the said Rowland Shepherd, his heirs and assigns forever. And the said Theodorus Davis, Sen., commissioner for and in behalf of said county, doth covenant, promise and agree to and with the said Rowland Shepherd, his heirs, etc., that he, the said Theodorus Davis. Sen., commissioner as aforesaid for and in behalf of the county aforesaid, will forever warrant and defend the right and title of said above named and described lot, piece and parcel of ground to the said Rowland Shepherd and to his heirs and assigns forever, to his sole and only proper use, benefit and behoof, free and clear of and from the claim or claims of all and every person or persons claiming or to claim the same or any part thereof. In testimony whereof he, the said Theodorus Davis, Sen., commissioner aforesaid for and in behalf of said county, hereunto sets his hand and seal the date above written interlined before signed.

Joseph Borough

"This day came the complainant, by James Semple, her attorney, and the defendant not appearing according to the order of this Court, the complainant's bill is taken for confessed, and the Court having heard the evidence on the part of the complainant, and being satisfied that the allegation of two years' absence of the said complainant's bill was true, and the Court being now sufficiently advised of and concerning the premises, do order, adjudge, and decree that the bands of matrimony heretofore existing between the said parties be, and the same are hereby dissolved.

First Naturalization

"At the April term of Court A. D., 1834, Thomas S. Gelder makes his written application to be naturalized, files his declaration, and takes the oath prescribed by law, in open Court, which is ordered to be filed."

"I, John Murphy, of the county of Macoupin, in the State of Illinois, do make and publish this my last will and testament in manner and form following; that is to say: First. It is my will that my funeral expenses and all my just debts be fully paid. Second. I give, devise and bequeath unto my beloved wife, Sally Murphy, in lieu of her dower, the plantation on which we now live, containing about thirty acres, which is bounded as follows : that is to say. beginning on the northwest corner of the north quarter of section No. twenty-nine, in township eleven, north of range eight, west, running east eighty poles, thence north sixty poles to the beignning, and the northeast quarter of the southeast quarter of section No. thirty, township No. seven, north range eight, west of the third principal meridian, and the southeast quarter of the northeast quarter of section No. thirty, township No. seven, with range No. eight, west of the third principal meridian, containing about forty acres each, during her natural life, and all the live stock, horses, cattle, sheep, hogs, by me now owned, or which I may own at the time of my death. And, also, the household furniture and other items not particularly named in this will, during her natural life as aforesaid, she, however, first disposing of a sufficiency thereof to pay my just debts as aforesaid, and at the death of my said wife all the property hereby devised or bequeathed to her aforesaid, or so much thereof as may then remain unexpended, to my grandson, Levi Murphy, and to his heirs and assigns forever. Provided, however, that if my grandson, Levi Murphy, should die without any heirs, then it is my will that so much of the above named property as is not expended of by the said Levi Murphy at his death to go to my a'dopted son, Henry Anderson, and to his heirs and assigns forever. And, lastly, I do hereby constitute and appoint my said wife, Sally Murphy, and James Breden, to be the executors of this my last will and testament.

"In testimony whereof I have hereunto set my hand and seal, this twelfth day of August in the year of our Lord one thousand eight hundred and thirtyseven. "JOHN MURPHY (SEAL.)"

"Signed, published and delivered by the above named John Murphy, as and for his last will and testament, in our presence, who, at his request, signed as witnesses to the same.

Aaron Todd and William Todd were citizens 01 Indiana. On the 26th day of January, 1840, they were traveling toward Indiana from the west, and in their company was their cousin, Larkin Scott. Near Elm Grove, in this county, Larkin Scott was murdered by the brothers for the small sum of money he had with him - some $26. He was killed by repeated blows from a bludgeon, dealt by Aaron Todd. The corpse of the victim was a few days thereafter found on the prairie, and the officers of the law set themselves to work to discover and apprehend the murderers. James C. Clack, a constable of Elm Grove, was especially active in ferreting out the perpetrators of this heinous crime, and the brothers, Todd, were apprehended in Indiana, and brought hither for trial. They were tried and convicted. William Thomas presided on the bench. The defendants being too poor to employ counsel, the court assigned as their attorneys Francis H. Hereford, Josiah Fish, John A. Chestnut and John M. Palmer. The jurors were: Amos Snook, Achilles "Tongate, Joseph Huddleston, Jeremiah Suiter, Fountain Land, Moses True, Thomas Hughes, Travis Moore, Thomas J. McReynolds, Jacob Kinder, Joseph Phillips and Aquilla P. Pepperdine.

The state's attorney being absent, the court appointed David A. Smith as attorney for the people during that term of court. The trial began on the 5th of May. The verdict of the jury was that Aaron Todd was guilty of murder in the first degree, and on the 8th, Judge Brown sentenced him to be hung on the "2d day of June next, and that on that day, between the hours of twelve o'clock M. and four o'clock P. M., the said Aaron Todd be taken and conveyed to some convenient place within one mile of the court house in Carlinville, and then and there he hung by the neck until he be dead, for the offence of the murder whereof he stands convicted by the jury aforesaid; and the court doth further order that the sheriff, by himself or deputy, execute the order."

The verdict fixed the punishment of William Todd at two years in the penitentiary. On the 8th, an arrest of judgment was entered in the case of William Todd. He finally came clear.

The news that a man was to be hung on the 2d of June spread far and wide, and when the day arrived that the sentence of the court was to be executed, not less than 8,000 people had gathered in the county seat. The scaffold was erected south of West Main street, below the depot. Major Burke officiated in person. Dr. John Logan, colonel of the Forty-fourth regiment of militia, had five hundred of his men in line for the preservation of order. The execution was witnessed by an immense concourse of people. Todd met his fate bravely and with resignation. Two weeks before, he made a profession of religion, and died in the hope of a better life. He was buried on the west side of the burying ground, at some distance from the other graves. Some days after his remains were interred, they were exhumed, and his head and one arm were severed from the body and 'taken away.

First Tavern

At the county commissioners' court held at Carlinville, March I, 1830: "On motion of William S. Holton he is allowed to keep a tavern at his own house in the county of Macoupin, for the term of one year from this date, he having executed bond with Tristram P. Hoxey, as required by law, in the sum of one hundred dollars, and the said William S. Holton having also paid a tax. one dollar and fifty cents being the amount of tax assessed on said stand by the court.

Copy Of First Tavern Bond

"Know all men by these presents that we, William S. Holton and T. B. Hoxey, are held and firmly bound unto Ninian Edwards, Governor of the State of Illinois, and to his successor in office, in the penal sum of one hundred dollars, lawful money of the United States of America, for the payment of which said sum of money well and truly to be made, we, and each of us, bind ourselves and heirs, executors and administrators jointly, severally and firmly, by these presents. Sealed with our seals, and dated this first day of March, A. D. 1830.

"The conditions of the above obligations are such that whereas the above bound William S. Holton hath obtained license and permission from the county commissioners' court of the county of Macoupin, State of Illinois, to keep a tavern or inn, at his own house in the county aforesaid, for the term of one year, from this date : Now if the said William S. Holton shall at all times be of good behaviour, and observe all the laws and ordinances, which are or shall be made, or be in force relating to innkeepers or tavernkeepers within the state, and further that he will at all times keep meat and lodging for at least four persons, over and above his common family, and stabling and provender for their horses. Then this obligation to be void, else to remain in full force and effect. "Attest T. P. HOXEY.

At a special meeting of the commissioners' court held at the house of Ezekiel Good in August, 1829, sundry voters petitioned that a road should be laid out from Carlinville towards Jacksonville, as far as the county extended* at the same time other voters petitioned a road should be made from Carlinville toward Carrollton. Both petitions, it will appear, were successful, from the following:

"At a commissioners' court, begun and held at the house of Ezekiel Good, in and for the county of Macoupin, on Monday, the seventh day of December, A. D. 1829.

"The viewers appointed by the last term of this court to view and lay out a road from Carlinville (as far as this county extends) in a direction to Jacksonville on the nearest and best route, made return of their proceedings, to wit: That said road as viewed by them, begins at the north end of Broad street, thence in a northwestern direction through the head timbers of Hurricane creek, thence to the north fork of Macoupin, and crossing the same near Reuben Clevenger's farm, thence pretty much in the same direction to Lewis Solomon's farm, running on the northeast side of the same, and thence to the rock ford on Apple creek in Morgan county, which said report is approved and accepted by the court.

and said road is ordered to be opened and kept in repair, and when opened to be a public highway and subject to all the laws and regulations of other highways.

"The viewers appointed by the last term of this court to view and lay out a road from Carlinville to this county line, to pass by Bear Creek Point, thence to Daniel Deadrick's house, thence north of Norris Hayes' in a direction to Carrollton, made return of their proceeding, to wit : That said road after being viewed by them, was deemed necessary and proper, and that the same begins at the west end of Main street, and is designated by staking the prairies and blazing the timbered land through which it passes agreeably to the order of said court, which said report is approved and accepted by the court and said road ordered to be opened, to be a public highway and subject to all the laws and regulations of other highways.