ILLINOIS GENEALOGY EXPRESS

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Macon County, Illinois
History & Genealogy

 

Pages 23 thru 28

HISTORY OF MACON COUNTY


CHAPTER III

COUNTY AND TOWN LAID OUT
 

IT was a long way to Shelbyville in 1829.  Swollen rivers must be forded and miles of prairie crossed.  But Shelbyville was the county seat of Shelby county, to which the territory now known as Macon county was then attached, and every legal transaction meant a journey to the county seat.

IN FORCE
JANUARY 19, 1829

 

 

 

 

 

 

Name of the County seat

Com re to locate the seat of justice

AN ACT TO ESTABLISH A NEW COUNTY TO BE CALLED THE COUNTY OF MACON.

Sec. 1.  Be it enacted by the people of the state of Illinois represented in the General Assembly, That all that tract of country lying within the following boundaries, to wit:  beginning at the south-west corner of section numbered eighteen, in township numbered fourteen north, of range numbered one east, of the third principal meridian; thence due north with the said third principal meridian line to the north-west corner of township numbered twenty north, of range numbered one east; thence due east with the line between townships numbered twenty and twenty-one north, to the north-east corner of township numbered twenty north, of range numbered six east; thence due south with the line between ranges numbered six and seven east, to the southeast corner of section numbered thirteen, in township numbered fourteen north, of range numbered six east; and from thence due west, along through the middle of townships numbered fourteen north, to the place of beginning, shall constitute a county, to be called the county of Macon; and the seat of justice therein, when located, shall be called the town of Decatur.
Sec. 2.  For the purpose of locating the seat of justice of the said county of Macon, the following named persons are appointed commissioners, to wit:  John Fleming, Jesse Rhodes and Easton Whitton, whose duty it shall be to meet at the house of James Ward, in


ACT FORMING MACON COUNTY
The above is a reproduction from Page 28, section on "Counties", of The Revised Code of Laws of Illinois, published in 1829.  The act was approved Jan. 19, 1829.  The book from which this reproduction was made is the property of O. B. Gorin.

It is not strange that with the increase in the increase in the number of newcomers establishing homes here, the settlers began to talk over means of remedying the situation.

Why not form a new county?  Why not have a county seat nearer their homes?

FORM NEW COUNTY

As a result, three men, Benjamin R. Austin, Andrew W. Smith and John Ward, all from the Ward settlement, were sent to the state capital, Vandalia, previous to the convening of the legislature in 1829, to ask passage of an act dividing Shelby county and forming a new county.  They succeeded in their mission.  The act establishing the county of Macon was approved Jan. 19, 1829.

The county as formed by this act was much larger than the county of today.  It included territory which is now Dewitt county, except for its northern tier of townships, all of what is now Piatt county, except one township, and about half of Moultrie county. 

Dewitt county was formed on March 1, 1839.  The following day an  act was passed which added to the county of Macon the section now known as Niantic township.  In January, 1841, Piatt county was formed from parts of Macon and Dewitt counties, and in February, 1843, Moultrie was formed from parts of Macon and Shelby.1

These changes gave us the present boundaries of Macon county.

The object in adding Niantic township was to prevent removal of the county seat from Decatur to a new town in Whitmore township, called Murfreesboro, which was nearer the center of the county as it was then.  At that time the land in Niantic township was considered worthless, and it was annexed merely to add to the western territory of the county, which would bring Decatur near the center.

It was after the defeat of the project to make Murfreesboro the county seat that people of that locality, represented by James A. Piatt, went before the legislature to ask for the detachment of what is now Piatt county from Macon county.  The new county then formed assumed the name of its champion2.

Mr. Piatt for a number of years had been a member of the county commissioner's court of Macon county, and was a valued and efficient official.

Macon county as originally laid out was a rectangle thirty-nine miles long and thirty-six miles wide, containing 1,404 square miles.  The county as it is today contains 577 square miles, or 369,280 acres.

The new county was attached to the first judicial circuit.

LOCATE COUNTY SEAT

The act of the legislature creating Macon county also provided for the seat of justice therein.  John Fleming, Jesse Rhodes and Easton Whitton3 were named commissioners to locate the county seat.  They met April 10, 1829, at the home of James Ward, and "carefully and impartially viewed and examined the situation and convenience, likewise the advantages of the present and future population."

The new town was located on the "fifteenth section in township sixteen north, in range 2 east, northeast quarter and east half of said quarter, the southeast corner of said above-named half quarter".4

The first election in the county took place at James Ward's blacksmith shop, the second Monday in April, 1829.  William Warnick was elected sheriff.  County commissioners were named as follows:  Benjamin Wilson, Elisha Freeman and James G. Miller.

The first county commissioners' court was held at the home of James Ward, May 19, 1829.  Daniel McCall was appointed county clerk and Benjamin R. Austin was named county treasurer.  Austin's bond was $200 with John Miller and William King as sureties.

LEVY TAX

One of the first acts of the county court was to provide for funds to meet the expenses of the county, hence a tax was levied on the personal property of the residents.5

The following is a list of properties taxed:  Slaves and indentured or registered negro or mulatto servants, pleasure carriages, distilleries, stock in trade, horses, mares, mules, asses and neat cattle over three years old, watches and all other personal property except lawful firearms.

TOWN LAID OUT

Now that the county had a court and a location for a county seat, steps were taken for laying out the town.  On June 1, 1829, the county commissioners made order as follows:

"That Benjamin R. Austin, county surveyor for the county of Macon, be required to lay off the town of Decatur after the form of Shelbyville and make and return a complete plat of the same on or before the first day of July next."6

Under this order the original town of Decatur was platted.  The boundaries were:  Prairie street on the north, Water street on the east, Wood street on the south, and Church street on the west.  In the center was laid out the square, now known as Lincoln square.  The town was divided by a Main street east and west and a Main street north and south.

Austin's report was acknowledged by the county commissioners July 7, 1829.

Decatur was located at the edge of the timber, hence the name, Wood street.  The northern boundary line, being out on the prairie, was called Prairie.

At the time the town was platted, the land on which it was located had not been entered from the government.  It was afterwards entered by Parmenius Smallwood, Easton Whitton and Charles Prentice, and deed of gift was made by them to the county commissioners on Oct. 8, 1831.  The deed was for twenty acres.  The newly platted town, however, did not cover the entire twenty acres.

The bond which was three men above named gave June 20, 1829, for this deed for the land was one of the first legal documents recorded in the county.

SALE OF LOTS

A sale of town lots was ordered for July 10, 1829.  The clerk was required to advertise the sale in the newspaper printed in Vandalia.  Credit of twelve months was given for payment on lots, note with approved security being required.

There was no wild rush for town lots on the day of the sale.  The first lot disposed of was Lot 2, in block 3.  This was the corner where the Lincoln cafe now stands.  It was bid in the $53.50 by John Manley.  The second lot sold also was a corner lot.  It was lot 6, block 1, and was purchased for $12.  That is the lot at the southeast corner of the square7.  John McMennamy was auctioneer.

James (Uncle Jimmy) Renshaw was Decatur's first business man.  He also had the distinction of putting up the first building.  He evidently believed Decatur was going to become a good town, and he decided to open a tavern.  On Oct. 26, 1829, he secured a license, for which he paid $4.  Tavern rates were fixed by the court.  Straight prices prevailed.  There was no pick and choice of rooms for the traveler in this log cabin "hotel".

For breakfast and horse feed the cost was 37 1/2 cents.  For lodging man and horse over night (the man to have supper) the price was 62 1/2 cents.  Dinner and horse feed were 37 1/2 cents.  Brandy, rum, gin, wine or cordial could be sold at 25 cents a half pint, and whisky or cider brandy at 12 1/2 cents a half pint.

A license was required of any one who wished to enter any kind of merchandise business, license fees ranging from $3 to $5.  The court also established rates for ferries on the river.  The first ferry license was issued to John Ward, Dec. 7, 1829, for $1.

ILLINOIS STATUTES THEN AND NOW

Comparison of the Illinois Statutes of 1829 and the same volume a hundred years later is an interesting study, both in contents and size of volume.  Laws in force in 1829 made up a book little more than half an inch thick.  A present day similar volume is five times as thick, with pages twice the size.

The general assembly then was concerned with laying out counties, roads, canals, building bridges, establishing courts and otherwise providing for legislation necessary in a new state.

Previous to every session of the assembly, it was the duty of the secretary of state to provide sufficient stationery.  One of the appropriations made in 1831 for this kind of supplies was to John D. Gorin for $7.62 1/2 for blank books and other stationery furnished.  John D. Gorin was the grandfather of O. B., J. P., and Miss Mattie Gorin of Decatur.  He was a receiver in the land office of Vandalia.

Mr. Gorin's name appears in another list of appropriations, when he was voted $35 for the use of his room for the committee on the revision of the statutes.  That appropriation was made in January, 1829. 

Two early volumes of the Illinois statues, the ones published in 1829 and in 1831, are now cherished possession of O. B. Gorin.
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1  Dr. Joseph King afterwards prominent in Decatur, took an active part in the organization of Piatt county.  He lived in what is now Monticello before coming to Decatur.  He was the first county clerk of Piatt county, member of the first board of school commissioners, and was the first physician of Monticello.
2  Mr. Piatt became famous for his skill and courage in capturing horse thieves.  It was his horses which were stolen in the spring of 1832 by the two men, Redmond and Wyatt, who were horsewhipped by Sheriff Warnick.  Mr. Piatt captured the men in Indiana near the Ohio line, and brought them to Decatur where they were tried and convicted, and sentenced to be whipped.  One was to receive 39 lashes and the other 49.  Both these horse thieves came to a tragic end.  One became a murderer and was hanged.  The other was drowned in the Mississippi.
3  Easton Whitton of Hillsboro, was the only one of the three men named to locate the county seat of Macon county whose name appears in the history of the county afterward.  All three were from other counties.  Whitton was on of the three men who entered the land on which Decatur was laid out.  He was elected to the legislature from Montgomery county, serving in 1836-38 and also in 1842-44.
4  Pioneer citizens of Macon county were not at all agreed over the location of the county seat.  There was much argument over the site.  One meeting broke up in a free for all fist fight, in which one man was so badly beaten that he died afterwards as a result.  Different votes were taken.  One favored a site south of the river.  That was rescinded, however.
5  The tax, when collected for the year 1829, amounted to $109.32 1/2.  It is recorded that Benjamin R. Austin, surveyor, was paid $24 for laying out the county seat, and that Easton Whitton was allowed $10.50 and John Fleming and Jesse Rhodes $7.50 each, for locating the seat of justice.  John McMennamy was allowed $1 for crying the sale of lots in Decatur.
6  Shelbyville was laid out according to the plan of Vandalia.  One of the three men who entered the tract of land for the town site of Shelbyville was James T. B. Stapp, who afterwards became one of Decatur's leading citizens.
7  There seemed to be many changes in ownership of the original lots of the town in the first few years.  Evidently the pioneers "swapped" lots to a considerable extent.  Among the earliest owners of lots were James Renshaw, Lydia Packard, Landy Harrell, Thomas Cowen, Daniel McCall, John D. Wright, James Johnson, Samuel B. Dewees, and James Miller.  As deeds could not be made out at the time, it is impossible to tell from the records which lots were sold on the first sale day.

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