Madison County, Illinois - Biographical sketches (2 of 2 so headed), 1882 (part 11 of 12)
From History of Madison County, Illinois ... With Biographical Sketches .., published 1882. 15,923 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
32 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
- Alhambra
- Nativity
- Constitution Of Illinois
- Preamble
- Article
- Article Ii Bill Of Rights
- Article Iii Distributiox Of Powers
- Article Iv
- Eligibility And Oath
- Time Of Meeting And General Rules
- Style Of Laws And Passage Of Bills
- Privileges And Disabilities
- Pay Of Members
- Special Legislation Prohibited
- Impeachment
- Miscellaneous
- Executive Department
- Executive Depaktmest
- Election
- Eligibility
- Governor
- Lieutenant-Goveesoe
- Other State Officers
- The Seal Of State
- Fees And Salaries
- Defixitiox Axd Oath Of Office
- Article Vi Judicial Department
- Supreme Court
- Appellate Couets
- County Courts
- Probate Courts
- Justices Of The Peace And Constables
Parts
The book prints this as one long chapter. It is split here so no single page grows too heavy to load; the text runs continuously across the parts and nothing is omitted.
The text
15,923 wordsMachine-read from scans of History of Madison County, Illinois ... With Biographical Sketches .., published 1882. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.
James INIcAlilly married here and moved to Indiana, where he was engaged in the mercantile business until his death. Jennie married Joseph Howard ; Elizabeth became the wife of Alfred Walker, who settled a place in the northeast part of St. Jacob's township as early as 1824. None of his descendants now live in the county. Mary married John Journey, who settled on part of the Adam Nagel farm as early as 1825. He afterward went to Fayette county and from there to Wisconsin, where he died. In 1818 Samuel McAlilly, shortly after he arrived in the settlement, went up to Coulter's place one afternoon, and returningjust after nightfall discovered some dark object in a tree, around which his dogs were barking. He dismounted, and concluded to investigate. Having his rifle with him, as the pioneers at all times had, he walked round the tree, but, as it was quite dark, could not satisfy himself what the object was. Thinking it, however, an animal ferce naturae that ought to be exterminated, he drew up his rifle and fired. His aim was good, and at the crack of his gun the object came crashing down through the limbs and fell heavily on the ground. After satisfying himself the animal, as it chanced to be, was dead, he endeavored to put it on his horse, but after several attempts he became convinced he could not accomplish the feat. He rode down to the Howard cabin and related his adventure. Joseph and Abraham accompanied him back to the spot, and informed him he had killed one of the largest panthers ever slain in that settlement, measuring nine feet from tip to tip. The ball had passed directly through the heart. The Howards assisted him in getting the panther on the horse, and, as they had had several years experience in the new country with the larger game, gave him some wholesome advice in regard to shooting panthers in the night when alone. This panther was killed near where the widow Ambuhl's residence now stands. Deer at this time might be seen daily trooping over the prairie iu droves. From ten to twenty and sometimes as many as fifty were seen grazing together. Game of all kinds was very plentiful. Deer were worth about a dollar, and deer hides brought fifty cents. Capt. Abraham Howard killed forty, seven, and Samuel McAlilly furty-five in one fall, in the prairie and in the timber between Sugar and Silver creeks- They found a ready market for them in St. Louis. Bears, while not plentiful, \ver^ often seen and killed. Wolves were so numerous that when the dogs ventured too far out from the cabins at night they would be driven back by them to the very doors.
Cyrus Chilton settled in the edge of the timber on the east side of Silver creek, in section seventeen, about 1822, where he lived until the first State Assembly met at Vandalia. He then went there for the purpose of boarding the members of that body. He continued to live in Vandalia until his death. His widow afterward married a Mr. Mc- CuUom and returned to the farm, where they resided for some time, subsefjuently returning to Fayette county. One of the influential and honored citizens of this settlement was James Reynolds, who emigrated from Kentucky to Illinois in 1818. He first settled near the old Chilton fort, but in 1830, bought the land Abraham Houser had settled in 1810. He was au energetic and enterprising man, and began farming on a larger scale than was at that time usual in this vicinity, and became a model for other agricukuralists in the settlement. He introduced the new inventions as soon as they were thrown in the market- Before his coming, the only plows used here were those with mouldboards of wood, and in seme cases of half wood and half iron- The man who had one of the latter description was looked upon as something of an aristocrat. But these old plows did good service, and turned the soil of many of the present best improved farms in the county. The prairies were seldom settled till after the pioneer period, partly because wi h the old style plow it was next to an impossibility to break the tough sod, while in the timber the grass grew less rank and the roots were more easily overcome. Mr. Reynolds was elected to the Twelfth Assembly of the State Legislature in 1840, and also served the people many years in the capacity of Justice of the Peace. He left a family of four children, viz: Reuben, William, Nancy and Sarah. Nancy married Samuel Thorp, and after his death became the wife of his brother David. Sarah married Curtis Blakeman, Jr. They are all now deceased. Several of their descendants live in the county. Thomas Johnson, Jr., entered land in 1817 in section four, and began the improvement of his place that year. His cabin stood a short distance southeast of Martin Buch's store in Saline. He had a small farm where he resided until his death. He planted an orchard soon after his coming, which in pioneer days was the best one on Silver creek. He was past middle life when he settled here. His son, Jackson Johnson, located about three quarters of a mile west at the same time the elder Johnson began his improvement, known as the Reimmer p'ace. He resided on his farm until his death.
H. Carson, who was an old man, settled a place in 1829, a short distance southwest of Jackson Johnson's. He only remained a short time and then went to Arkansas. Benjamin May was one of the early settlers on the west side of Silver Creek. Benjamin Reimmer, one of the well-known old citizens, came in 1818, and fir-st located in the southern part of the township, where he resided until about 1830. He then moved into the west part, where he improved a good farm lying in this and Leef townships. Soon after the late war he went to Missouri. McCullom was one of the early settlers on the east side of Sugar Creek. In 1822 he located on what is now the Nancy Gillett place, where he resided some three years. William Pearce purchased the farm, and lived on it until an accident caused his death. He was reaping grain, when the horses became frightened and ran away, throwing him before the sickle, cutting oflTan arm and inflicting other injuries, from which he died in about a week. Mr. Pearce was twice married, and reared a large family by his fipbt wife. His second wife, to whom he had been married but a short time, was the widow of Samuel McAlilly. Her first husband died in 1852. Mr. Pearce died in 1864. Her third husband, Seth Gillett, died in 1881. She still lives on the Pearce homestead, a hale and hearty old lady of eighty-two years.
H Liseubee settled on the east side of Sugar Creek, on section 26, about the same time. Here McCullom settled, and improved a small farm. He has been dead nearly fifty years. His widow still survives him, and lives where they first settled. One of the children, Maria, (now Mrs Edward Ellis), is still living. Mrs. Gillett and Mrs. McCullom, residing near together, are the oldest settlers now living in the township.
James Pearce settled on section seven as early as 1817. His cabin stood near a spring. He was named " Salty Pearce " by his neighbors to distinguish hini from another James Pearce who lived in the settlement. The name Salty was an allusion to the fact that he was a laborer in the Biggs salt W'orks. About 1826 he sold out and located in the southern part of the state, on the Big Muddy, where he lived for some time. The family were afterwards all murdered by the Indians, with the exception of three, a married daughter and two sons. The daughter had moved south. A grown up son had gone to Texas, to put in a crop and build a cabin for the family who were to follow. As the family were making the trip, in the summer or fall, the Indians surprised them and murdered the entire party, with the exception of a young son. He slipped away during the massacre, but was captured again by the Indians. The boy, it is said, with true pioneer pluck, when his pursuers came upon him, showed a determination not to be captured. His bravery saved his life. He was taken into captivity, and after many years of dilligent search by his brother, was found among the northwest Indians. He had lost his knowledge of the English language and declined to return to civilization with his brother, w-ho had paid a ransom of one thousand dollars. He had to be taken away by force.
John Charter came into the township about 183.5. He bought the Archibald Coulter place of Robert Plant. The state road was subsequently changed to run south of his place, and the stage stand was changed from Pearce's, iu Leef township, to Coulter's.
lu 1823 William Biggs, a Kentuckian, sunk a salt well near the bank of Silver Creek, in section nineteen. He then bored to the depth of four hundred and forty feet, when the salt water began to flow. The creek has since so changed its course that now the old salt well is in the bed of the stream. Biggs invested a considerable amount of money in the works. He had forty large kettles for evaporating purp )ses. Fifteen cords of wood per day were consumed in making six bushels of salt. About twenty men were employed in the works. Mr. Biggs was in the first General Assembly of the Territory convened west of the Ohio after the Revolution. Xovember 2oth, 1812, the first legislative body elected by the people of the Territory assembled. Biggs was a member (for two years) of the council elected from St Clair county. He was one of the gallant soldiers of General Clark, and acted as a subordinate ofiicer in the conquest of Illinois in the years 1778 and '79. Governor St. Clair, in 1790, appointed him sheriff of St. Clair county, an office he held many years. In the year 1826 Congress granted him three sections of land for services rendered to the colonies in the Revolution. He was at one time taken into captivity by the Kic'iapjo Indians and severely treated. He paid a random of nearly 8300, and obtained his freedom. In 1826 he published a narrative of his captivity. He died the following year, an aged and respected jiioneer, at the residence of Colonel Judy, \\\i brother-in-law. S)lomon H. Mudge, who was a prominent early citizen, came to St. Louis in 1835 from Portland, Maine, where he had been engaged in the commission and shipping business. He engaged in blinking in St- Louis, and in the spring of 1836 made a trip ihr.uigh Madison county, prospecting for a country home. He bought and entered one thou^saiid and eighty acres of land in this township. In section three, he built a comfortable summer residence and beautified a home. Two years later he changed his business from banking in St. Louis to that of hotel keeping in New Orleans, La., where he made a reputation which extended throughout the Mississippi Valley as " mine host of the St Charles Hotel." He died ill the spring of 1860, and his remains lie buried at his country home. During his business career in New Orleans he was accustomed to spend the summer months at his country residence. His widow still survives him, as do also six daughters and two sons, G. M. B Mudge, now engaged in the dry goods bu.siness in New York city, and E. W. Mudge, at present well known in Madison county.
Anton Suppiger was born in Switzerland. He came to this county in 1831. He is one of the prominent farmers of the township, and resides in section thirty-two. His wife, Monika, is a native of Baden. Among the other early immigrants to the county who now reside in the.townsiip, may be mentioned the name of Bern'h Trautner and Nicholas Trautner. his so'i, a farmer, «ho resides in section five; John Spengel, farmer and stock-rai.ser, residing in section twenty-three, and Charles A. Voegel, who lives in section twenty-six.
Tna first preaching was at the cabin of Mother Howard, by the Barbers and Knights. As early as 1825 the Cumberland Presbyterians established a camp-ground in the northeast quarter of section thirty-one, where campmeetings were conducted for several years in succession. Some of the camps were quite substantial, and afforded a good shelter during a hard rain. The early preachers officiating were John Barber, his son Joel and John Knight. It was here in the camp of Cipt. Abraham H)ward that the first school was taught by John Barber. School was conducted here for several summers and one winter. William C. Mc.Ylilly and Alfred J. Parkinson, farmers, of St. Jacob's township, are the only scholars left in the settlement that attended that school.
The following gentlemen have represented the township in the Board of Supervisors : Jones Tontz was elected in 1876, and served two terras ; E. W. Mudge, elected in 1878, served one term ; J.ines Tontz, re-elected in 1879,' served two terms; George Hotz was elected in 18S1, and is the present incumbent.
The Germans began settling here as early as 1831. The first to arrive were Casper Koepfli, Joseph Suppiger, the Ambuhls, F. Kustermann, C. Koffmann, H. Stufflebach, more fully written up in the article on European emigration. The Germans now comprise a large majority of the inhabitants of the township. There is no town wholly within the township. Highland lies partly in section thirty-two, Saline partly in section four, and Pierron partly in section twentyfour.
The village of Pierron, is a station on the Vandalia Railroad , thirty-five miles from St. Louis, containing about two hundred inhabitants. That part lying in Madison was laid out by Jacques Pierron, September, 1871, and that in Bond in July, 1874. In 1869, August Pierron erected a building on the present site of the village, which was used as a bar-room and grocery store by A. Pierron & Co. In February, 1870, the pjst-office was established, and August Pierron was appointed postmaster. Pierron & Rinderer carried on business as general merchants for four years, when, upon a dissolution, J. D. Rinderer built a large and commodious store-house on the B )nd county side of Main street, where he continued the same line of business. The first warehouse for grain was built in 1870 by J. Pierron and L. Knebel. In 1880 L. Knebel built an elevator, at a cost of about 85,000, capable of storing 20,000 bushels of grain. J. Weindel was the first blacksmith to begin operations in his line, which was in 1870. The first hotel was that of Charles Britseh, opened to the public in 1870. The present business of the place is represented as follows :
Was born in Madison county, April 21st, 1843. As indicated by the name, his parents were of Teutonic origin. They came to America in 1840, locating north of Highland. Christian and Mary E. Hotz (nee Weber) were the parents of fourteen children, of whom ten are living, and who were all, save one, born in this country. Of these, George was the second. Such advantages as were offered in this country thirty years ago, in the way of schools, were made use of by him, and, by perseverance and energy, he acquired a fair business education. He was married to Anna Merkel, May 5th, 1864. By this union there have been born twelve children. Mr. Hotz is a progressive farmer, and, by force of circumstances, somewhat a politician. His neighbors have repeatedly placed him in office, the duties of which he has discharged with satisfaction to all In 1874 he was chosen constable ; in 1876, assessor ; in 1880, collector ; and in 1881, and again in 1882, supervisor. In politics he is an unswerving Democrat, and has contributed much to his party's success. Upright in his dealings, faithful in the discharge of all duties devolving upon him, he is a man worthy of confidence and position.
There are many men of prominence in Madison county who are of Swiss origin ; among those is he whose portrait is presented on this page. Jones Tontz was born April 27th, 1836, in Igis, Canton Gran-brienden, Switzerland. His parents were Christian and Barbara Tontz (Bernet). His father was a carpenter. There were four children in the family ; John, at present County Treasurer of Crawford county, Kansas, and mayor of the city of Girard, being the eldest; Jon(s, the second; Christian, a well-to-do farmer of Saline township, the third ; and Elizabeth Hirschi, the youngest. They all came to America, and directly to Saline township in the winter of 1845. Their attention had been attracted to this country through reading letters written by S. Koepfli, who spoke of Highland and vicinity as being a new Switzerland, with fertile plains in place of barren mountains. His writings brought many hither. The Tontz' came via. New Orleans. Christian Tontz, aged with his four-score years of life, still lives in Highland. His wife died August 26th, 1881. In the old country he was comparatively poor. Hopes of bettering his condition had much to do with his seeking a new home. The subject of this sketch obtained a fair education in the old country, and followed it up by attendance upon the common schools herein 1856 he went to Kansas, and there cast his first ballot in behalf of making Kansas a free state. In 'May, 1858, he returned here, where he has since resided. He was married to Elizabeth Hirschi, July 4th, 1860. By her he had six children, of whom five are living ; Chri.^ian J , a student at Eureka College; Magdalena, at Eureka also; Barbara, Elizabeth Susan, Frederick R., who died in 1872 ; and Mary Elizabeth. Mrs. Tontz died Sept. 24th, 1870. He married Dorothea Lemback March 23(1, 1871, by whom he had three children, George J., Frank F., and Dorothea R., who alone is living. His second wife died Sept. 9th, 1876. He married his present wife, Emma Kuhrt, Sept. 13th, 1877; by her he has two children living, Knowles Shaw, and James A. Garfield.
Politically, Mr. Tontz is an avowed Republican. He held various positions, such as justice of the peace in 1867, deputy sheriff' under Brooks Moore, supervisor in 1876, 1877, 1879, and 1880. In the fall of 1880 he was elected a Representative to the General Assembly. The duties of every position to which he has been chosen have been faithfully and honestly discharged. He is an earnest and faithful member of the Christian Church.
Alhambra
HIS portion of the county is bounded on the north by Olive, on the east by Leef, on the south by Marine and on the west by Hamel township. It contains thirtysix sections and embraces the whole of town five, range six. The principal stream is the west fork of Silver creek, which enters the township at section three and flows in a southwesterly direction making its exit at section nineteen. There is some timber on this stream but the township is principally prairie. The township was origiually about one-fifth timber, much of which has since been cleared and the laud put under cultivation. A tributary of the east fork of Silver creek drains the eastern part.
William Hinch, a hardy pioneer, from eastern Kentucky, where he was born and raised, the son of George Hinch, who was an early settler in that state, was the first white man to make his home within the boundaries of what is now Alhambra township. He came here not with the intention of hunting and trapping for a short time, and. as civilization pressed onward, of seeking other hunting grounds, but with the firm determination of making this his permanent home, where by the advantage of cheap lands and a rich agricultural country, he could more easily gather about him a competency. He brought out his family, which consisted of his wife and three children, in what was called a stage wagon, the best kind manufactured at that time for making long journeys, as it could be closed up, and was about as comfortable as the primitive cabin. He arrived here November 15th, 1817, and located in the edge of the timbers, a^short distance north and west of Silver creek, section nineteen. All winter he lived in a camp built out of poles and clapboards. It had no door and the fire was built on the ground on one side. As there was no chimney the smoke escaped through the cracks or openings which were numerous. The pioneers were not afraid of a little smoke. On the inside were hung pauther-skins, deerskins and wolfskins to keep out the cold and drifting snow. The pioneers became used to the hardships and vicissitudes of their peculiar life, and found pleasure in it. Many a one yet living can say with truth that the happiest moments of his life, were spent during the pioneer times, in the homely but to them comfortable cabins. It is noticeable with what affection the pioneers speak of their old log cabins. It may be doubted whether palaces ever sheltered happier hearts. During the winter Mr. Hinch built a cabin. He broke up a small prairie field north of his house the following spring. He lived here about four years, and then erected a hewed log house north of the field. This put him nearly a half mile out on the prairie. This house had a puncheon floor. Some years later, he built the second hewed log house, one story and a half high, in the same yard. The lumber for the floors, doors and loft, as the upper room was called, he sawed out by hand. He was very skillful with the ax and whip-saw, and was also a great hunter, and kept his table well supplied with wild meats and honey. Hunting bee trees was a profitable recreation among the early settlers. The belts of timber along Silver creek were especially prolific of bee trees. The first winter Mr Hinch killed seven panthers in this settlement, and quite a number of wild cats and wolves. He brought a large bull dog from Kentucky with him, and when in the woods, this dog always accompanied him. One day Mr. Hinch discovered a panther, about half grown, in a tree. He could easily have shot it, but he concluded to have some fun. Accordingly he cut a club of a length, to be easily handled. The tree was a forked one, and he climbed up the fork opposite the panther, and by motions of the club, and yells, frightened the beast till it jumped to the ground and into the embrace of the dog, that was quietly watching developments below. No sooner had the panther struck the ground than the fur began to fly, much to the amusement of Mr. Hinch, who wanted to test the grit of his dog, a very large aud fine specimen of his breed. The panthr was only half-grown, Mr. Hinch had much confidence in the dog's ability to kill him, but only after a hard struggle with the combined assistance of another large dog and Mr. Hinch's club was the panther finally killed. He would easily have escaped from Mr. Hinch's dog. The same winter Mr. Hinch wounded a full grown female panther, and this dog attempted the feat of dispatching her, when she unable to get up, seized the dog with one arm, and fastening her claws firmly in the side of his neck, held him as it were at arm's length. The dog used his utmost power to dislodge the panther's death-like grip, but without avail. Finally as a last resort, he began biting the panther's leg. The animal stood the severe punishment without a murmur, until ^Ir. Hinch sent a rifle ball thiough her head, and thus put an end to the struggle. A year or so later this dog was killed in the woods by the wolves. It is said that the wolves would often kill dogs, and that hunters took care not to allow their canines to get far out of sight, especially at night. The wolves were so numerous for many years in certain localities along the streams, and their bowlings so loud and incessant that to sleep was utter)}' impossible. The wolf was not only a midnight prowler, but was often seen in the day time, skulking through a thicket, or trotting cautiously along an open path. The panther is not to be found in a country after it begins to settle up. But wild cats were found here and the wolves were very troublesome for many years after settlement. Mr. Hiuch lived on his homestead until his death in 1845. He left a widow and a family of nine children. His widow, who is eighty-eight years of age, still survives him, as do also seven of the children Joseph T., lives in Kansas ; Mary H., now Mrs. Thomas S. West ; Matilda E., who married John Harrington, now a widow ; William C; Susau C, now Mrs. James Williams, and Martha A., who married William Hulett, now a widow, live in this settlement. Jesse G., lives in Arkansas, and the two now deceased were born in Kentucky.
William Hoxsey a native of Rhode Island, came to the county late in the fall of 1817. For six weeks he lived in a tent in what is now Pin Oak township. In the mean time he built a camp in the edge of the timber in section eighteen, where he moved his family the following January. During the winter he erected a hewed log house, twenty feet S(]uare, near the camp, in which he built a fire place that admitted a ten-foot stick. The floor was ot puncheons made out of hickory logs split in t*o and placed evenly down and worked to a smooth surface. The red hard wood and the white oak sap wood of the hickory showed a beautiful contrast, and Mrs. Doctor Weir of Edwardsville. a daughter of Mr. Hoxsey, says she has never seen a more beautiful floor than that old hickory puncheon one in the Hoxsey cabin of sixty-four years ago. Mr. Hoxsey raised a family of eleven children, several of whom were grown when he settled here. John and Archibald soon returned to Kentucky, and married, and brought their young wives into the settlement. John married Mary Martin, and Archibald. Harriet Stephenson. Mr. Hoxey lived in the edge of the timber, about five years, and then moved his cabin nearly a mile west, where he subsequently built a substantial frame house, and where he resided until his death, October 18th, 1832, at sixty-six years of age. His wife survived him until October 5th, 1850. John, James, Archibald, Tristram P., and Alexander, were the sons of the family. T. P., was for many years a prominent official of Macoupin county. The others owned a large quantity of land in the settlement, and were successful farmers and good citizens. The daughters were Jane, who married B. Robinson ; Ellen, who became the wife of John Gray; Eliza, who married Daniel Anderson ; Mary, who became the wife of John H. Weir, M- D.; Maria, who married Edward Dorsey ; Martha, who died a young girl ; Margaret, who married Anderson Blackburn, a son of Gideon Blackburn, who founded Blackburn University, and Lucy, who married Michael Walsh of Walshville, Montgomery county, Illinois. Mr. Hoxsey came from Kentucky to Illinois, and brought with him a colored woman who served the family until after 1840. When quite an old woman, she went with the colored settlement of Pin Oak. Old Aunt
Tempey is well remembered by many of the early settlers. The only survivor.* of Mr. Hoxsey's family are Mrs. Weir, Mi-s. Blackburn and Mrs. Robinson. James Gray, a brother of Mr. Hoxsev's wife, settled in the edge of the timber cast of the Farris place in the early part of 1818. He raised a large family of children and afterwards moved to Montgomery county, Illinois.
In the spring of 1818, James Farris came and settled the Thomas 8. West place in section eighteen. He had a family of five children, Smith, George, Larkin, Margaret, who married John Riggin and Lucinda, who married William Davis. They are now all dead and none of the descendants live in the settlement. George Farris built a '' band mill" here in early times that did good service for many years. James Farris erected the first frame house in the township. It was ornamented with a brick chimney, made of the first brick brought into the township. This house is in a good state of preservation and stands near the new res-idence of Mr. West. The first death was that of the mother of James Gray, which occurred in 1818. She was buried in the home place of the Grays, in section seventeen, where many others have since been laid to rest ; but no tombs-tones mark their graves. It is said by the old residents that nearly one hundred persons lie buried there, and at this writing only two stones mark the places of the departed. The old settlers would bury a friend or relative, build a log pen around the grave, which would soon rot away, and leave no mark of the burial place. The first birth was that of a daughter of William and AnnaHinch, February 10th, 1819. It died in infancy. John Gray and Miss Nellie Hoxsey were the contracting parties to the first marriage. Mr. Gray was a son of James Gray, and Miss Hoxsey was a daughter of William Hoxsey. The young lovers were cousins, and their parents objected strongly to their marriage, and even went so far as to forbid the banns. The youngsters were determined. There was no rapid transit by steam to convey them speedily out of the country, into that haven, Missouri, where thousands of lovers living east of the Mississippi, have been united and made happy. They mounted two horses to take a morning ride and immediately set out for St. Louis, and before the enraged parents discovered the ruse, they were on their way with light and happy hearts. Of this union four children were born. Mr. Gray died in the township. None of his descendants now live in the county.
In 1818, quite a settlement was started on the east side of Silver creek in southwest part of the township, called the Piper settlement, made by John Piper, Richard Knight, Matthew Hall, Jackson and Prior Scroggins. Piper settled in the edge of the timber on the northeast quarter of section thirty. He lived on this same section until his death in 1864. He reared a family of six sons and three daughters, viz. William, James, Wesley, Holland, Oliver, Daniel, Jane, Nancy Ann and Catharine. Richard Knight settled farther down in the edge of the timber, in the southern part of section thirty, where he lived several years and then moved farther south in the state. He entered the first tract of land, ninety-seven and a half acres, in the township, September 80th, 1817. William Hinch entered the second tract, one hundred and sixty acres, November 15th, 1817, and in December following, he entered one hundred and sixty acres more in section thirty. November 18th, 1817, James Farris entered one hundred and fifty-one and a third acres in .section eighteen. December 11th, 1817, William Hoxsey en- , tered three hundred and twenty acres in section eight, and at the same time Robert Aldrich entered the northwest fractional quarter of section thirty. Mathew Hall located south of the Knight place in section thirty-one. He afterward moved to Macoupin county. The Scroggin brothers lived in this settlement a short time, and moved farther north. They never entered any land here. Thomas S. West who lives on section eighteen came to the county with his father iu 1815. He was then two years of age, having been born in Kentucky in 1813. He married his present wife, Mary H Hinch, in 1838, and the same year settled on the place where he now lives. Three days after he located here he bought out the Farris heirs. He and his wife are now among the oldest settlers living in the county They have had born to them a family of nine children, of whom four daughters are now living.
Andrew Keown was born in South Carolina. In the year 1819 he visited Illinois, but soon went to Kentucky, where he was united in marriage in December of that year to Miss Sarah Goodwin. In the spring of 1825 he brought his family to the county on pack horses, and located in the southeast quarter of section 2, where he improved a good farm, and resided until his death, which occurred in 1880, when he was eighty-five years of age. He left a widow, who died the following year. They raised five children to be grown up, viz. : Elizabeth, who married Benjamin Brown, now deceased ; John, who improved a farm in the northeast corner of the township, where he now resides ; Mary, who married Henry Harnsberger, who is now a widow ; Calvin G., who is a Presbyterian minister, and Alexander, who lives in Jackson county, Illinois. Mr. Keown was a soldier of the war of 1812, and participated in the battle at New Orleans. January 8th, 1815. From 1871 until his death he received a pension as a survivor of that war. "Uncle Andy," as he was familiarly called, was a well-known citizen of the county ; he was much respected as a neighbor, and died regretted by a large circle of friends. William Pitman, a brother-in-law of Andrew Keown, came to the settlement about the same time, and settled on the J. M. Hiudsley place. He came from Kentucky, bringing his wife and all his worldly effects on one horse. It is said he walked, and carried his wife and axe. He made a comfortable home, where he died, leaving a widow, who never bore him any children. William W. Pearce, one of the old and wealthy citizens of the county, was born in Kentucky, June 20th, 1815. His father, James Pearce, came to this county the same year. William W. married Miss Barbara A. "Vincent, daughter of Isem Vincent, January 26th, 1834. He commenced the improvement of a farm in what is now Olive township, the same year. Since 1851 he has been a resident of Alhambra township. Mr. Pearce had a natural turn for hunting, and none were more iuccessful in the county. He found a ready market in St. Louis for the fruits of his rifle, and he turned the profits realized into land. In this manner he entered about one thousand acres, since which time he has added largely to his possessions. Mr. and Mrs. Pearce have reared a family of ten children.
J. B. McMichael came to the county in 1826 from Tennessee ; he was at that time a boy of eleven years of age. He indentured himself to Uncle Joe Bartlett, and remained with him until he was twenty-one years of age; he afterward married a relation of his, Eliza Stinson, in 1846. Twelve children were the result of this union. Mr. Mc- Michael has lived in this township thirty-seven years, and spent most of his life at farming. From 1863 until 1867, he filled the office of assessor and treasurer of the county. He has served as constable, deputy-sherifi" and postmaster, and now fills the office of justice of the peace. Ephraim Harnsberger was born in Virginia, where he afterward married. In 1812 he went to Kentucky, where he remained until 1832 ; he then came to Madison county, and located on the William Wiseman place, where he continued until his death, November 26, 1846. His wife survived him only a short time. They reared a family of eight children, four boys and four girls, viz.: Levy, Mary Ann, who married James Hosey ; Jane L.. who married S. Aldrich ; Henry ; Martha, widow of P. Aldrich ; Rebecca, who married R. R. Cooksey ; Lewis M. and Ephraim. Mr. Harnsberger was one of the prominent citizens of his time, and was the first justice iu the township. He represented the county in the commissioners' board, and was always identified with the best interests of the county. John Tabor came to the county with his family, consisting of a wife and four children, iu 1829; he located three miles east of Edwardsville. The following year he came to this township, and settled half-a-mile north of where the old Tabor homestead now is. There he continued to reside until his death in 1881. His widow still survives him, at the age of eighty-two years. They reared a family of ten children, who lived to marry and start in life for themselves. Four are now living. Henry H. and James M. I are farmers in this township. Thomas K. lives in Wiscon- ' sin ; Eliza J., now Mrs. Jacob Rimmer, lives in Jasper county, Missouri. R. R. Cooksey, one of the early settlers, improved a place on section 10. He was a successful farmer, was a member of the Methodist church, and often I preached to the early settlers. He was three times mar- ' ried, and raised a family of eight children. The old gentleman now lives in Worden. David Martin came iu 183 1 from Kentucky, and improved a farm in Fork Prairie, in the northern part of the township, where he resided until his death. He raised quite a family. John G., a son, is the I only one of the children living in the township, and is a farmer. The Prairie was settled principally after 1840. Among the first in the southern and western part were Cur tis Blakeman. William Highlander, Fred. Mindrop, Joshua Thompson and Gilmore.
Nutter Piper taught school in an abandoned cabin on the west side of Silver creek as early as 1820. William Davenport taught in an empty cabin in the Hinch settle- nient prior to 1830, a subscription school, and boarded among his employers. After teaching part of a term, he stopped the school, as it was a non-paying undertaking. In 1832 a log school-house was built in section 19. George Denny was the first teacher. School was taught at Andrew Keown's and R. R. Cooksey's, in out-buildings in the early times. The first school-house in the northern part of the township stood in the centre of section 2. This building was not put up until after 1840. It did service for about four years, and then burned down. It was heated by a large fire-place, from which some say it took fire. Others say the teacher set it on fire by saving ashes in an old barrel, for a lady in the neighborhood to make soap with.
Early preaching was had at the residences of William Hinch and Andrew Keown. Rev. Thomas Ray, a Baptist minister, was the first to expound the gospel here. Several years later he was assisted by Elder Thomas Smith. They organized the first church at a date not now known. The congregation never built a house of worship, and finally disbanded. The Baptists, some time later, built the first house of worship in the northwest quarter of section 32, which is still in use.
Was laid out by Louis F. Sheppard, on the northern part of the northeast quarter of the northwest quarter of section 14. The plat was recorded November 2d, 1850. Mr. Sheppard's wife gave the place its name. William W. Pearee laid out an addition of three blocks, north of the original town, in section 11. Solomon Tabor and Louis F. Sheppard erected the first buildings, about the same time. Tabor put in his a general stock of goods; Sheppard's was a residence. He also built a saw-mill soon after the town was laid out. William J. Lowry was the first postmaster; he was a farmer, living about two miles west. In 1846 or 1847 he procured the establishment of a post-office at his farm residence, called " Lowry." When Alhambra was laid out, he moved there, and the name of the post-office became "Alhambra." The office has been changed several times between this place and Greencastle. James B. McMichael moved it to Greencastle, and afterward changed it back to Alhambra. R. D. Utiger removed it to Greencastle in 1870, where he has since retained it. The Narrow Gauge, or T. C and St. L. Railroad, has been graded through the township recently, and its completion is expected as early as the fall of 1882. A depot will be built in near proximity to Alhambra. This railroad extends diagonally through the township, entering at section 31, and passing out at section 1. Alhambra built up slowly, but with a steady increase, to its present size. The last census gave it a population of 108. The two-story frame school-house is a good substantial
Hotels. - John Ottenad, and William Berg. Physicians. - F. M. Pearee and H. T. Wharfi'. Blacksmith Shops. - Chris. Stait and Keintz Brothers.
One mile west of Alhambra, was laid out by Levi Harns. berger, W. S. Randle and Henry Harnsberger, October 19th, 1859, on the corners of sections ten, eleven and fourteen- They were farmers here, and laid the town out on adjoining parts of their respective farms. In 1860, John Thornburg erected a store building, and opened a general stock of goods. About 1865, Thornburg's store was burned down. John Gale built a store immediately afterward, and commenced business. In 1869, R. D. LTtiger rebuilt the Thornburg store, and opened a general stock of goods.
Shortly after the town was laid out, Thomas Thornburg, William Lieserman and John Gale built a grist mill with two run of burrs- It subsequently fell into the hands of Pearee and IMatthews, and about ten years ago was moved to Palmer, Christian county, Illinois. The Methodist church was built in 1861. The German Evangelical church was moved here from the Stepp neighborhood. It was used for both church and school purposes. It is now the German school. A new church was erected on the same lot in 1878. Captain John Thornburg gave the village its name, after Greencastle, Indiana. The last census gave it a population of 77. The following is the business.
The following have represented the township in the Board of Supervisors ; R. D. Utiger was elected in 1876, and reelected for each successive tsrm till 1881-82 ; H. H. Tabor was chosen in 1882, and is at present in office.
The third son of James and Lucinda (Alison) Pearce, was born in Kentucky, June 20th, 1815. His father and family came into Madison County in 1815, and settled near Edwardsville, so that Mr. Pearce has spent his entire lifetime, with the exception of a few months, here. At a very early age he manifested a taste for hunting, in which he greatly excelled. The broad prairies in the eastern part of the county with their game of deer, turkey, etc., furnished him a fine field. Next to hunting, trading was his passion. When a mere boy he became the proud owner of a pair of match calves ; these he traded for the pre-emption right and improvements of an eighty acre tract of land a part of section 25. The improvements consisted of five acres of land, broken and fenced, and a log cabin. In about'two years his j earnings enabled him to enter this land. From this begin- I ning he has become one of the largest landed propriei tors in southern Illinois. About one thousand acres of his ' possessions was the direct result of successful hunting, actui ally made by his unerring rifle.
His personal identity is peculiarly his own, accepting no mod- \ el but marking out his own course. Possessed of quick percep- ; tion and sound judgment he is of those who compel success.
Nativity
! Penning, Evert J ! " Sect, 25 l Farmer and stock raiser Hanover, Germany.... [1852 Penning, John E Dc'd Mar.l5.'79 'Father of Evert J. Penning jHanover, Germany.... 11852 Penning,Bertie(neeBruns) Dc'd Julyl3,'78 iMotberof Evert J. Penning Hanover, Germany....! 1852 Pierce, Jonathan L North Al on.... Sect. 35 jFarmer and stock raiser Rookingham co.. Me... 1 1851
Constitution Of Illinois
Adopted in Convention at Springfield, May 13, a. d. 1870; Ratified by the People July 2, 1870; in Force, August 8, 1870 ; and Amendments thereto, with the Dates of Eatification.
Preamble
PREAMBLE. We, the people of the State of Illinois - grateful to Almightj' God for the civil, political and religious liberty which He hath so long permitted us to enjoy, and lo.iking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations - in order to form a more perfect government, establish justice, insure domestic tranquillity, provide for the cfimmon defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity ; do ordain and establish this constitution for ihe State of Illinois.
Article
The boundaries and jurisdiction of the State shall be as follows, to wit : Beginning at the mouth of the Wabash river ; thence up the same, and with the line of Indiana, to the northwest corner of said State; thence cast, with the line of the same State, to the middle of Lake Michigan; thence north, along the middle of said lake, to north latitude 42 degrees and 30 minutes ; thence west to the middle of the Mississippi river, and thence down along the middle of that river to its confluence with the Ohio river, and thence up the latter river, along its northwestern shore, to the place of beginning : Provided, that this State shall exercise such jurisdiction upon the Ohio river as .she is now entitled to, or such as may hereafter be agreed upon by this State and the State of Kentucky.
Article Ii Bill Of Rights
^ in. Self-Crimination- Former Trial. i 11. Penalties proportionate - Corruption - Forfeiture, g 12. Imprisonment for Debt. I l:j. Compensation for Property t.aken. g IL Ex post facto laws - Irrevocable
Grants. 3 1.5. Military Power Subordinate. 3 10. Quartering of Soldiers. g 17. Right of .\ssembly and Petition. i 18. Elections to be Free and Equal.
? 1. All men are by nature free and independent, and have certain inherent and inalienable rights - among these are life, libertv, and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed.
I 3. The free exercise and enjoyment of religious profession and worship, without discrimin.ition, shall forever be guaranteed; and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship.
? 4. Every person may freely speak, write and publish on all subjects, beinc respon.sible for the abuse of that liberty ; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.
I 5. The right of trial by jury as heretofore enjoyed shall remain inviolate; but the trial of civil cases before justices of the peace by a jury of less than twelve men, may be authorized by law.
^ 6. The right of the people to be secure in their persons, hiiuses, papers and effects, against unreasonable searches and seizures, shall not be violated ; and no warrant shall issue without probable cause, supported by affidavit, particularly describing the place to be searched, aud the person or things to be seized.
I 7. All persons shall be bailable by sufficient suretie.s, except for capital offenses, where the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
I 8. No person shall be held to answer for a criminal offense, unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in ca.ses of impeachment, aud'^in cases arising in the army and navy, or in the militia when in actual service in time of war or public danger : Provided, that the grand jury may be abolished by law in all cases.
I 9. In all criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel ; to demand the nature and cause of the accusation, and to have a copy thereof; to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which. the offense is alleged to have been committed.
^11. All penalties shall be proportioned to the nature of the offense ; aud no conviction shall work corruption of blood of forfeiture of estate ; nor shall any person be transported out or the State for any offense committed within the same.
§ 12. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors in such manner as shall be prescribed by law; or in cases where there is strong presumption of fraud.
i 13. Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, sh.all be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken.
i 14. No ex pnsl facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed.
§ 16. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war except in the manner prescribed by law.
§ 17. The people have the right to assemble in a peaceable manner to consult for the common good, to make known their opinions to their representatives, and to apply for redress of grievances.
I 19. Every person ought to find a certain remedy in the laws for all injuries and wrongs which he may receive in his person, property or reputation ; he ought to obtain, by law, right and justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay.
? 20. A frequent occurrence to the fundamental principles of civil government is absolutely ueeessar)- to preserve the blessings of libertv.
Article Iii Distributiox Of Powers
The powers of the Government of this State arc divided into three distinet departments - the Legislative, Executive and Judicial , and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
Article Iv
? 1. The legislative power shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both to be elected by the people.
? 2. An election for members of the General Assembly shall be held on the Tuesdxty next after the first Monday in November, in the year of our Lord one thousand eight hundred and seventy, and every two years thereafter, in each county, at such places therein as may be provided by law. When vacancies occur in either house, the governor, or person exercising the powers of governor, shall issue writs of election to fill such vacancies.
Eligibility And Oath
§ S. No person shall be a senator who shall not have attained tlic age of twenty-five years, or a representative who shall not have attained the age of twenty-one years. Ko person shall be a sen.itor or a representative who shall not be a citizen of the United States, and who shall not have been for five years a resident of this State, and for two years next preceding his election a resident within the territory forming the district from which he h elected. Xo judge or clerk of any court, secretary of state, attorney general, state's attorney, recorder, slieritf, or collector of public revenue, member of either house of congress, or person holding any lucrative office under the United States or this State, or any foreign government, shall have a seat in the general as- SL^mbly : Provided, that appointments in the militia, and the offices of notary public and justice of the pe.ice, shall not be considered lucrative. Nor shall any person, holding any office of honor or profit under any foreign government, or under the government of the United States, (except postmasters whose annual compensation does not exceed the sum of $300,) hold any ofiice of honor or profit under the authority of this State.
I 4. No person who has been, or hereafter shall be, convicted of bribery, perjury or other infamous crime, nor any person who has been or may be a collector or holder of public moneys, who shall not have accounted for and paid over, according to law, all such moneys due from hira, shall he eligible to the general assembly, or to any office of profit or trust in this State.
§ (J. Members of the general assembly, before they enter upon their official duties, shall take and subscribe the following oath or affirmation :
"I do solemnly swear (or affirm) that I will support the oonstittition of the United States, and the constitution of the State of Illinois, and will faithfully discharge the duties of senator (t.r represent.itive) according to the best of my abilitj^ : and that 1 have not, knowingly or intentionally, paid or contributed anything, or made any promise in the nature of a bribe, to directly or indirectly influence any vote at the election at which 1 was chosen to fill the said office, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing, from any corporation, company or person, for any vote or influence I may give or withhold on any bill, resolution or appropriation, or for anv other official act."
This oath shall be administered by a judge of the supreme or circuit court, in the hall of the house to which the member is elected, and the secretary of state shall record and file the oath subscribed by each meniber. Any member who shall refuse to to take the oath herein prescribed, shall forfeit his ofiice, and every member who shall be convicted of having sworn falsely to, or of violating, his said oath, shall forfeit his office, and be disqualified thereafter from holding any office of profit or trust in this State.
? 6. The general assembly shall apportion the State every ten years, beginning with the year 1871, by dividing the population of the State, as ascertained by the federal census, by the number 51, and the quotient shall be the ratio of representation in the senate. The State shall be divided into .51 senatorial districts, each of which shall elect one senator, whose term of office shall be four years. The senators elected in the year of our Lord 1872, in districts bearing odd numbers, shall vacate theiV offices at the end of two years, and those elected in districts bearing even numbers, at the end of four ye.irs; and vacancies occurring by the expiration of term, shall be filled by the election of senators for the full term. Senatorial districts shall be formed of contiguous and compact territory, bounded by county lines, and contain as nearly as practicable an equal number of inhabitants ; but no district shall contain less than four-fifths of the senatorial ratio. Counties containing not less than the ratio and three-fourths, may be divided into separate districts, and shall be entitled to two senators, and to one additional senator for each number of inhabitants equal to the ratio, contained by such couutie.s in excess of twice the number of said ratio.
Note - By the adoption of minority representation, p 7 and 8 of this article cease to be a part of the constitution. Under ^ 12 of the schedule, and the vote of adoption, the following section relating to minority representation is substituted for said sections :
?§ 7 and 8. The house of representatives shall consist of three times the number of the members of the senate, and the term of office shall be two years. Three representatives shall be elected iu each senatorial district at the general election in the year of our Lord, 1872, and every two years thereafter. In all elections of representatives aforesaid, each qualified voter may cast as many votes for one candidate as there are representatives to be elected, or may distribute the same, or equal parts thereof, among the candidates, as he shall see fit; and the candidates highest in votes shall be declared elected.
Time Of Meeting And General Rules
? 9. The sessions of the general assembly shall commence at 12 o'clock, noon, on the Wednesday next after the first Monday in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this constitution. A majority of the members elected to each house shall constitute a quorum. Each house shall determine the rules of its proceedings, and be the judge of the election returns and qualifications of its members; shall choose its own officers; and the senate shall choose a temporary president to preside when the lieutenant-governor shall not attend as president or shall act as governor. The secretary of state shall call the house of representatives to order at the opening of each new assembly, and preside over it until a temporary presiding officer thereof shall have been chosen and shall have taken his seat. No member shall be expelled by either house, except by a vote of two-thirds of all the members elected to that house, and no meniber shall be twice expelled for the same offijnce. Each liouse may punish by imprisonment any person, not a member, who shall be guilty of disrespect to the house by disorderly or contemptuous behaviour in its presence. But nosuch imprisonment shall extend beyond two hours at one time, unless the person shall persist in such disorderly or contemptuous behaviour.
^ 10. The doors of each house and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn for more than .two days, or to any other place than that in which the two houses shall be sitting. Each house shall keep a journal of its proceedings, which shall be published. In the senate at the request of two members, and in the house at the request of five members, the yeas and nays shall be taken on any question, and entered upon the journal. Any two members of either house shall have liberty to dissent from and protest, in respectful language, against any actor resolution which they think injurious to the public or to any individual, and have the reasons of their dissent entered upon the journals.
Style Of Laws And Passage Of Bills
? 11. The style of the laws of this State shall be: Bcitcnacicd by the People of the State of Illinois, represented in the General Assemhly.
i 12. Bills may originate in either house, but may be altered, amended or rejected by the other; and on the final passage of all bills, the vote shall be by yeas and nays, upon each bill separately, and shall be entered upon the journal ; and no bill shall become a l.aw without the concurrence of a majority of the members elected to each house.
? 13. Every bill shall be read at large on three different days, in each house ; and the bill and all amendments thereto shall be printed before the vote is taken on its final passage ; and every bill, having passed both houses, shall be signed by the speakers thereof. No act hereafter passed shall embrace more than one subject, and that shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed ; and no law shall be revived or amended by reference to its title only, but the law revived, or the section amended, shall be inserted at length in the new act. And no act of the general assembly shall take effect until the first day of July next after its passage, unless, in case of emergency, (which emergency shall be expressed in the preamble or body of the act), the general assembly shall, by a vote of two-thirds of all the members elected to each house, otherwise direct.
Privileges And Disabilities
? 1-1. Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
g 15. No person elected to the general assembly shall receive any civil appointment within this State from the governor, the governor and senate, or from the general assembly, during the term for which he shall have been elected ; and all such appointments, and all votes given for any such members for any such offices or appointment, shall be void ; nor shall any member of the general assembly be interested, either directly or indirectly, in any contract witli the state, or any county thereof, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof.
? IG. The general assembly shall make no appropriation of money out of the treasury in any private law. Bills making appropriations for the pay of members and ofiicers of the general assembly, and for the salaries of the officers of the government, shall contain no provisions on any other subject.
§ 1 7. No money shall be drawn from the treasury except in pursuance of an appropriation made by law, and on the presentation of a warrant issued by the auditor thereon ; and no money shall be diverted from any appropriation made for any purpose, or t.aken from any fund whatever, either by joint or separate resolution. The auditor shall, within 60 days after the adjournment of each session of the general assembly, prepare and publish a full statement of all money expended at such session, specifying the amount of each item, and to whom and for what paid.
?18. Each general assembly shall provide for all appropriations necessary for the ordinary and contingent expenses of the government until the expiration of the first fiscal quarter afterthe adjournment of the next regular session, the aggregate amount of which shall not be increased Avithout a vote of two-thirds of the members elected to each house, nor exceed the amount of revenue authorized by law to be raised in such time ; and all appropriations, general or special, requiring money to be paid out of the State Treasury, from funds belonsing to the State, shall end with such fiscal quarter : Provided, the State may, to meet casual deficits or failures in revenue, contract debts, never to exceed in the aggregate $250,000 ; and moneys thus borrowed shall be applied to the purpose for which they were obtained, or to pay the dclit thus created, and to no other purpose ; and no other debt, except for the purpose of repelling invasion, suppressing insurrection, or defending the State in war, (for payment or which the laith of the State shall be pledged), shall be contracted, unless the law authorizing the same shall, at a general election, have been submitted to the jieople, and have received a majority of the votes east for members of the general assembly at such election. The general assembly shall provide for the publication of .said law for three months, at least, before the vote of the people shall be taken upon the same ; and provision shall be made, at the time, for the payment of the interest annually, as it shall accrue, by a tax levied for the purpose, or from other sources of revenue ; which law, providing for the payment of such interest by such tax, shall be irrepealable until such debt be paid: And provided further, that the law levying the tax shall be submitted to the people with the law authorizing the debt to be contracted.
§ 19. The general assembly shall never grant or authorize extra compensation, fee or allowance to any public officer, agent, servant or contractor, after service^has been rendered or a contract made, nor authorize the payment of any claim, or part thereof, hereafter created against the State under any agreement or contract made without express authority of law : and all such unauthorized agreements or contracts shall be null and void: Provided, the general assembly may make appropriations for expenditures incurred in suppressing insurrection or repelling invasion.
I 20. The State shall never pay, assume or become responsible for the debts or liabilities of, or in any nuinner give, loan or extend its credit to, or in aid of any public or other corporation, association or individual.
Pay Of Members
? 21. The members of the general assembly shall receive for their services the sum of f 8 per day, during the first session held under this constitution, and 10 cents for each mile necessarily traveled in going to and returning from the seat of government, to be computed by the auditor of public accounts ; and thereafter such compensation as sh.all be prescribed by law, and no other allowance or emolument, directly or indirectly, for any purpose whatever ; except $50 per session to each member, which shall be in full for postage, stationery, newspapers, and all other incidental expenses and perquisites ; but no change shall be made in the compensation of members of the general assembly during the term for which they may have been elected. The pay and mileage allowed to each member of the general assembly shall be certified by the speaker of their respective houses, and entered on the journals and published at the close of each session.
Special Legislation Prohibited
Creating, increasing, or decreasing fees, percentage or allowances of public officers, during the term for which said officers, are elected or appointed ;
Granting to any corporation, association or individual the right to lay down railroad tracks, or amending existing charters lor such purpose ;
1 23. The general assembly shall have no power t* release or extinguish, in whole or in part, the indebtedness, liability, or obligation of any corporation or individual to this .State or to any municipal corporation therein.
Impeachment
^ 21. The house of representatives shall have the sole power of impeachment ; but a majority of all the members elected must concur therein. All impeachments shall be tried by the senate ; and when sitting for that purpose, the senators shall be upon oath, or affirmation, to do justice according to law and evidence. When the governor of the State is tried, ibe chief justice shall preside. No person shall be convicted withmit the concurrence of two-thirds of the sen.ators elected. But judgment, in such case^, shall not extend further than removal from ottiee, and disqualification to hold any office of honor profit or trust under the government of this St.ite. The party, whether convicted or acquitted, shall nevertheless, be liable to prosecution, trial, judgment and punishment according to law.
Miscellaneous
2 25. The general assembly shall provide, by law, th.'.t the fuel, stitionery and printing-i)apcr furnished for the use of the h'tate ; the copying, printing, binding and distributing the laws and journals, and all other printing ordered by the general assembly, shall be let by contract to the lowest res|)Onsible bidder; but the general assembly shall fix a maximum price; and no member thereof or other officer of the State, shall be interested, directly or indirectly, in such contract. But all such contracts shall be subject to the approval of the governor, and if he disapi)roves the same there shall be a re-letting of tlie contract, in such manner as shall be prescribed by law.
I 27. The general assembly shall have no power to authorize lotteries or gilt enterprises, for any purpose, and shall pass laws to prohibit the sale of lottery or gilt enterprise tickets in this State.
I 29. It shall be the duty of the general assemoly to pass such law 5 as may be necessary for the protection of operative miners, by providing for ventilation, when the same may be required, and the construction of escapement-sliaf'ts, or such other ai)plianccs as m.ay secure safety in all coal mines, and to jirovide for the enforcement of said laws by such penalties and punishments as may be deemed i^roper.
I 30. The general assembly may provide for establishing and opening roads and cart-ways, connected with a public road, for private and public use.
I 31. The general assembly may pass laws permitting the owners and occupants of lands to construct drains and ditches, fur agricultural and sanitarj- purposes, across the lands of others.
i. 33. The general assembly shall not appropriate out of the State treasury, or expend on account of the new capitol grounds, and construction, completion and furnishing of the State-house, a sura exceeding in the aggregate, S3,50(l,000, inclusive of all appropriations heretofore made, without first submitting the proposition for an additional expenditure to the legal voters of the State, at a general election ; nor unless a majority of all the voti s at such election shall be for the proposed additional expenditure.
Executive Department
Keturo!! - Tie - Contested Election . Eligibility for office. . GoTernor - Power an.l Diitv. . His Messaae anil Statement. . Convening the Oeneral .\s3embly. . Proroguing the General A.saembly, . Nominations by the rjovernor. . Vaoaneies mav be filled. . Remorals bv the Governor. , Reprieves, Commutations, Pardons
. Governor aa Commander-in-Chief. . Impeaehment for Misdemeanor. . Vett> of the Governor. . Lieutenant-Governor as Governor. . As President of the Senate. . Vacancy in tiovernor's Office. . Vacancy in other Slate (-iffices. . Reports of Slate Officers. . Great Seal of State.
Executive Depaktmest
I 1. The executive department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction, and Attorney-General, who shall each with the exception of the Treasurer, hold his office for the term of four years from the second Monday of January next after his election, and until his successor is elected and qualified. They shall, except the Lieutenant Governor, reside at the seat of Government during their term of office, and keep the public records, books and papers there, and shall perform such duties as may be prescribed by law.
I 2. The Tre;isurer shall hold his office for the term of two years, and until his successor is elected and qualified ; and shall be ineligible to said office for two years next after the end of the term for which he was elected. He may be required by the Governor to give reasonable additional security, and in default of so doing his office shall be deemed vacant.
Election
I 3. An election foT Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Accounts and Attorney-General, shall be held on the Tuesday next after the first Monday in November, in the year of our Lord 1872, and every four years thereafter ; for Superintendent of Public Instruction, on the Tuesday next after the first Monday of November, in the year 1870, and every four years thereafter ; and for Treasurer on the day last ahr.ve mentioned, and every two year.i thereafter, at such placis and in such manner as may be prescribed by law.
I 4. The returns of every election lor the above named officers shall be sealed up and transmitted, by the returning officers, to the Secretary of State, directed to " The Speaker of the House of Representatives," who shall, immediately after the organiziition of the house, and before proceeding to other business, open and publish the same in the presence of a majority of each house of the general assembly, who shall, for that purpose, assemble in the hall of the house of representatives. The i>erson having the highest number of votes for either of the said tffices shall be declared duly elected ; but if two or more have an equal and the highest number of votes, the general assembly shall, by joint ballot, choose one of such persons for said office. Contested elections for all of said offices shall be determined by both houses of the general assembly, by joint ballot, in such manner as may be prescribed by law.
Eligibility
§ o. No person shall be eligible to the office of governor, or lieutenant-governor, who shall not have attained the age of 30 years, and been, for five years next jireceding his election, a citizen of the United States and of this State. Neither the governor, lieutenant-governor, auditor of public accounts, secretary of State, superintendent of public instruction nor attorney general shall be eligible to any other office during the period for which he shall have been elected.
Governor
? 7. The governor shall, at the commencement of each session, and at the close of his term of office, give to the general assembly information, by message, of the condition of the State, and shall recommend such measures as he shall deem expedient. He shall acc<mnt to the general assembly, and accompany his message with a statement of all moneys received and paid out by him from any fiinds subject to his order, with vouchers, and at the commencement of each regular session, present estimates of the amount of money required to be raised by taxation for all purjioses.
'i 8. The governor may, on extraordinari- occasions, convene the general assembly, by proclamation, stating therein the purpose for which they are convened; and the general assembly shall enter upon no business except that for which they were called together.
I 9. In ca,se of a disagreement between fhe two houses with respect to the time of adjournment, the governor may, on the same being certified to him, by the house first moving the adjournment, adjourn the general assembly to such time as bethinks proper, not beyond the first day of the next regular session.
I 10. The governor shall nominate, and by and with the advice and consent of the .senate, (a majority of all the senators elected concurring, bv veas and iiavs,) appoint all ofiiccrs whose offices 4 " are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for ; and no such otiicer shall be appointed or elected by the general assembly.
g 11. In ease of a vacancy, during the recess of the senate, in any office which is not elective, the governor shall make a temporary appointment until the next meeting of the senate, when he shall nominate some jierson to till such otfice ; ami any person so nominated, who is confirmed by the senate (a ni:iinrity of all the senators elected concurring by yeas and nays), shall hold his office during the remainder of the time, and until his successor shall be appointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office at the same session, unless at the request of the senate, or be appointed to the same office during the recess of the general assembly.
? 12. The governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office ; and he may declare his office vacant, and fill the same as is herein provided in other cases of vacancy.
1 13. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offences, subject to such regulations as may be provided by law relative to the manner of applying therefor.
'i 14. The governor shall be commander-in-chief of the military and naval forces of the State (except when they shall be called into the service of the United States) ; and may call out the same to execute the laws, suppress insurrection, and repel i:iva.sion.
? 16. Every \jA\ passed by the general assembly ; hall, before it becomci a law, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law ; but if he do not approve, he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If, then, two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered ; and if approved by two-thirds of the members elected to that house, it shall become a law, notwithstanding the objections of the governor. But in all such cases, the vote of each house shall be determined by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the general assembly shall, by their adjournment, prevent its return ; in which case it shall be filed, with his objections, in the office of the secretary of State, within ten days after such adjournment, or become a law.
Lieutenant-Goveesoe
? 17. In case of death, conviction or impeachment, failure to qualify, resignation, absence from the State, or other disability of the governor, the powers, duties, the emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the lieutenant-governor.
§ 18. The lieutenant-governor shall be president of the senate, and shall vote only when the senate is equally divided. The senate shall choose a president, joi'o tanpore, to preside in case of the absence or impeachment of the lieutenant-governor, or when he shall hold the office of governor.
^ 19. If there be no lieutenant-governor, or if the lieutenantgovernor shall, for any of the causes specified in I 17 of this article, become incapable of performing the duties of the office, the president of the senate shall actasgovernoruntil the vacancy is filled or the disability removed; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives.
Other State Officers
3 20. If the office of auditor of public accotmts, treasurer, secretarv of State, attorney general, or sui)erinteiident of public instruction shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill tlie same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. An account shall be kept by the officers of the executive department, and of all the public institutions of the State, of all moneys received ordislmrsed by them, severally, from all sources, and for every service iieituruied, and a semi-annual report thereof be made to the governor, under oath ; and any officer who makes a false report shall be guilty of perjury, and punished accordingly. i 21. The officers of the executive department, and of all the public institutions of the State, shall, at least ten days i receding each regular session of the general assembly, severally report to the governor, who shall transmit such reports to the general assembly, together with the reports of the judges of the supreme court of the defects in the constitution and laws ; and the governor may at any time require information, in writing, under oath, from the officers of the executive department, and all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices.
The Seal Of State
? 22. There shall be a seal of the State, which shall be called the " Great seal of the State of Illinois," which shall be kept by the secretary of State, and used by him, officially as directed by law.
Fees And Salaries
? 23. The officer; named in this article shall receive for their services a salary, to be established by law, which shall not be increased or iliniinished during their official terms, and they shall not alter the expiration of the terms of those in office at the adoption of this constitution, receive to their own use any fees, costs, perquisites of office, or other compensation. And all fees that may hereafter be payable by law for any service performed by any officer provided for in this article of the constitution, shall be paid in advance into the State treasury.
Defixitiox Axd Oath Of Office
I 24. An office is a public position created by the constitution or law, continuing during the pleasure of the appointing power, or for a fixed time, with a successor elected or appointed. An employment is an agency, for a temporary purpose, which ceases when that purpose is accomplished.
^ 2.). All civil officers, except members of the general assembly and such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation :
I do solemnly pwear (or affirm, as the ca«e may be) that I will support the constitution of the United States, and tho Constitution of the State of Illinois,
Article Vi Judicial Department
Districts. . Election of Supreme Judges. . Salai'ies of the Supreme Judges. . Appeals and AVrits of Error. . Appointment of Reporter. , Clerks of the Supreme Court. , Appellate Courts Authorized. , Jurisdiction of Circuit Courts.
I 1. The judicial powers, except as in this article is otherwise provided, shall be vested in one supreme court, circuit courts, county courts, justices of the peace, police magistrates, and in such courts as may be created by law in and for cities and incorporated towns.
Supreme Court
I 2. The supreme court shall consist of seven judges, and shall have original jurisdiction in cases relating to the revenue, in mandamus, a.n^ habea-f corpus, and appellate jurisdiction in all other cases. One of said judges shall be chief justice; four shall constitute a quorum, and the concurrence of four shall be necessary to everv decision.
? 3. No person shall be eligible to the office of judje of the supremo court unless he shall be at least thirty years of a^e, and a citizen of the United States, nar unless he shall have resided in the State five years next preceding his election, and be a resident of the district in which he shall be elected.
I 4. Terms of the supreme court shall continue to be held in the present grand divisions at the several places now provided for holding the same; and until otherwise provided by law, one or more terms of said court shall be held, for the northern division, in the city of Chicago, each year, at such times as said court may appoint, whenever said city or the county of Cook shall provide appropriate room therefor, and the use of a suitable library, without expense to the State. The judicial divisions may be altered, increased or diminished in number, and the times and places of holding said court may be changed by law.
I 5. The present grand divisions "sh.all be prcsen-ed, and be denominated Southern, Central and Northern, until otherwise I)rovidcd by law. The State shall be divided into seven districts for the election of judge, and until otherwise provided by law, t'.iev shall be as f dlows :
First DUtrkl. - The counties of St. Clair, Clinton, Washington, JelTorson, Wayne, Edwards, Wabash, Whits, Hamilton, Franklin, Perry, K.andolph, Monroe, Jackson, Williamson, Saline, Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pul.aski and Massac. .
Second District. - The counties of Madison, Bond, JIaiion, Clay, Eichland, Lawrence, Crawford, Jasper, EiRngham, Fayette, Montgomery, Macouoin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun and Christian.
Third Diffrirt - The counties of Sangamon. Jfacon, Logan, De AVitt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Jloultrie and Tazewell.
J'ifth District. - The counties of Knox, Warren, Henderson, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, Lasalle, Grundv and Woodford.
Sixth District. - ^The counties of Whiteside, Carroll, Jo Daviess, Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, De Kalb, Lee, Ogle and Ilock Island.
Ths boundaries of the districts may be changed at the session of the general assembly next preceding the election for judges herein, and at no other time ; but whenever such alterations shall be made, the same shall be upon the rule of equality of population, as nearly as county boundaries will allow, and the districts will be composed of contiguous counties, in as nearly compact form as circumstances will permit. The alteration of the districts shall not afl'ect the tenure of an office of any Judge.
I 6. At the time of voting on the adoption of this constitution, one judge of the supreme court shall be elected by the electors thereof, in each of said districts numbered two, three, six and seven, who shall hold his office for the term of nine years from the first Monday of June, in the year of our Lord 1870. The term of office of judges of the supreme court, elected after the adoption of this constitution, shall be nine years ; and on the first Monday of June of the year in which the term of any of the judges in office at the adoption of this constitution, or of the judge then elected, shall expire, and every nine years thereafter, there shall be an election for the successor or successors of such judges, in the respective districts wherein the term of such judges shall expire. The chief justice shall continue to act as such until the expiratiim of the term for which he was elected, after which the judges shall choose one of their number as chief justice.
^ 7. From and after the adoption of this constitution, the judges of the supreme court shall each receive a salary of $4,000 per annum, payable quarterly, until otherwise provided by law. And after said salaries shall be fixed by law, the salaries of the judges in office shall not be increased or diminished during ths terms for which said judges have been elected.
i. S. Appeals and writs of error may be taken to the supreme court, held in the grand division in which the case is decided, or, by consent of the parties, to any other grand division.
? 9. The supreme court shall appoint one reporter of its decisions, who shall hold his office for six years, subject to removal by the court.
terms of office of the present clerks of said court, one clerk of said court for each division shall be elected, whose term of office sh.all be six years from said election, but wiio shall not enter upon the duties of his office until the expiration of the term of his predecessor, and evcrj' six years thereafter, one clerk of said court for each division shall be elected.
Appellate Couets
I 11. Afterthe year of our Lord 1874, inferior appellate courts of uniform organization and jurisdiction, may be created in districts formed for that purpose, to which such appeals and writs of error as the general assembly may provide, may be prosecuted from circuit and other courts, and from which appeals and writs of error shall lie to the supreme court, in all criminal cases, and cases in which a franchise, or freehold, ( r the validity of a .statute is involved, and in such other cases as may be provided by law. Such appellate courts shall be held by such number of judges of the circuit courts, and at such times and places, and in such manner, as may bo provided ly law; but no judge shall sit in review upon cases decided by him ; nor .shall said judges receive any additional compensation for such services.
I 12. The circuit courts shall have original jurisdiction of all causes in law and equity, and such appellate jurisdiction as is or may be provided by law, and shall hold two or more terms each year in every county. The temis of office of judges of circuit courts shall be six years.
J 13. The State, exclusive of the county of Cook and other counties having a population of 100,000, shall be divided into judicial circuits, prior to the expiration of terms of office of the present judges of the circuit courts. Such circnits shall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to busine ;s, territory and population, and shall not exceed in number one circuit for every 100,000 of population in the State. One judge shall be elected for each of said circuits by the electors thereof. New circuits may be formed and the boundaries of circuits changed by the general assembly, at its session next preceding the election for circuit judges, but at no other time: Provided, that the circuits may be equalized or changed at the first sessim of the general assembly, after the adoi)tion of this constitution. The creation, alteration or change of any circuit shall not affect the tenure of office of any judge. Whenever tlie business of the circuit court of any one, or of two or more contiguous counties, containing a population exceeding 50,000, shall occupy nine months of the year, the general as.sembly may make of such county, or counties, a separate circuit. Whenever additional circuits are created, the foregoing limitations shall be observed.
I 14. The gener.al assembly shall provide for the times of holding courts in each county ; which shall not be changed, except by the general assembly next ])receding the general election for judges of said courts; but additional terms may be provided for in any county. The election for judges of the circuit courts shall be held on the first Monday of June, in the year of our Lord 1873, and every six years thereafter.
^15. The general assembly may divide the State into judicial circuits of greater population and territory, in lieu of the circuits provided for in section 13 of this article, and provide for the election therein, severally, by the electors thereof^ by general ticket, of not exceeding four judges, who shall hold the circuit courts for wliich they shall be elected, in such manner as may be provided by law.
? IG. From and after the adoption of this constitution, judges of the circuit courts shall receive a salary of $3,000 per annum, pay.able quarterly, until otherwise i)rovidcd by law. And after their s ilarics shall be fixed by law, they shall not be increased or diminished during the terms for which said judges shall be, respectively, elected ; and from and after the adoption of this constitution, no judge of the supreme or circuit court shall receive any other compensation, iK'rquisite or benefit, in any form wh.atsoevcr, nor perform any other than judicial duties to which may belong any emoluments.
? 17. No person shall be eligible to the office of judge of the circuit or any inferior court, or to membership in the " Doard of county commissioners," unless he shall be at least 25 years of age, and a citizen of the L'nited States, nor unless he shall have resided in this State five years next preceding his election, and be a resident of the circuit, county, city, cities, or incorporated town in which he shall be elected.
County Courts
I 18. There shall be elected in and for each county, one judge and one clerk of the county court, whose terms of office shall be four years. But the general assembly may create districts of two or more contiguous counties, in each of which shall be elected one judge, who shall take the place of, and exercise the powers and jurisdiction of county judges in such districts. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate ; settlement of estates of deceased persons ; appointment of guardians and conservators, and settlements of their accounts ; in all matters relating to apprentices ; and in proceedings for the collection of taxes and assessments, and such other jurisdiction as may be provided for by general law.
Probate Courts
I 20. Thcgener.ll assembly may provide for the establishment of a probate court in each county having a population of over 50,000, and for the election of a judge thereof, whose term of office shall be the same as that of the county judge, and who shall be elected at the same time and in the same manner. Said courts, when established, shall have original jurisdiction of all probate matters, the settlement of estates of deceased persons, the appointment of guardians and conservators, and settlement of their .accounts ; in all m.atters relating to apprentices, and in cases of the sales of real estate of deceased persons for the payment of debts.
Justices Of The Peace And Constables
I 21. Justices of the peace, police magistrates, and constables shall be elected in and for such districts as are, or may be, provided by law, and the jurisdiction of such justices of the peace and police magistrates shall be uniform.
? 22. At the election for members of the general assembly in the year of our Lord 1872, and every four years thereafter, there shall be elected a State's attorney in and for each county, in lieu of the State's attorney now provided by law, whose term of office shall be four years.
Provenance
Text from History of Madison County, Illinois ... With Biographical Sketches .., published 1882, in the public domain in the United States and digitised by the Internet Archive.