In force Jan.[January] 16, 1836.
AN ACT relating to the Gallatin Saline, and the Lands belonging to the same.
1Commissioner to make a map, and how made.
Procure a book.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That it shall be the duty of Tyler D. Hewitt, present commissioner of the Gallatin Saline, to make out an accurate map of the saline reserve, noting therein, by distinct shades, the amount of lands that have heretofore been
directed to be sold, and such as have not been directed to be sold. He shall also
note on said map the particular section, or subdivision of a section that contains
salt wells that have heretofore been used, or are now used for making salt, at said
saline: and he shall, moreover, procure a well bound book, in which he shall enter, in proper
order, the lands that may remain the property of the state, after the land is taken
out which has been already sold, or directed to be sold; all which he shall fully
certify, with explanatory notes of said map, and a full description of land not directed
to be sold.
<Page 2>
Commissioners to lay off saline lots, their duty
Other lots
To number & mark the lots
Lay off and number coal lots.
To be sold.
Lots to remain as common
Sec. 2. That John Crenshaw, Leonard White, Lee Hargrave, Joseph H. Hayes, William Hewitt, or a majority of them, be, and they are hereby appointed commissioners, to lay off,
and report to said commissioner of the Gallatin Saline, as many lots of land, to be called saline lots, as they may think proper, not less
than six, in said salines; which lots shall include the wells that are now affording salt water, or that are
under lease, each well now worked as aforesaid, to be a lot; and as there are wells not leased or used, as aforesaid, to lay off such other lots,
including old wells, or prospects for salt water, as shall make up at least the number
of six, as first above mentioned. The commissioners in this section, shall designate
in said report, the lots of land, including the wells, that are now under lease, and
those that are not. Said lots of land, so including wells and salt water prospects,
as aforesaid, shall not consist of more than forty acres, but may be less, and may
be made without regard to the lines of the United States’ survey; in which latter
case they shall report a plat and description of such new survey, so made, for the
purposes aforesaid. The aforesaid commissioners, after laying off, and properly marking, by courses and
distances, and planting permanent stones at the corner, and numbering the lots so
as to be distinctly known, shall proceed to select and lay off, a lot of land to each, upon which there is stone
coal, for fuel for such saline lots, numbering and describing such coal lot, and setting
forth, distinctly to what saline lot it may belong; which said lots for water and coal, shall be sold, one for water, and one for coal,
together. And at the Half Moon lick, (which by this act is contemplated to be divided
into four parts,) the said commissioners shall lay off a tract of land around the saline lots, not
exceeding six hundred and forty acres, outside of said lots, which shall forever remain
as common, for salt making purposes, not more than one-eighth of which shall be acquired
by any one proprietor of a saline lot, at any one time.
Lands subject to sale, and in what manner.
Commissioners’ duty.
Proviso,
Wells to be sold
Proviso
Sec. 3. That all the lands and saline lots mentioned in the foregoing section, shall be subject
to sale in the manner, and under the restrictions hereinafter mentioned, that is to
say: all those lands not included in any of the existing leases of any part of said
saline, and all those saline lots, as mentioned in the preceding section, that are not included
in any existing lease, shall be offered at public sale, after advertising the same,
with proper description and designation thereof, in at least five public papers, that
is to say: one in New York, one in Boston, one in Philadelphia, one in Cincinnati, and two in the state of Illinois, at least eight weeks, commencing at least three months before the day appointed
<Page 3>
by such advertisement for such sale; said advertisement shall designate the time and
place of such sale. And on the day appointed as aforesaid, the “commissioners of the Gallatin Saline” shall first offer the land so advertised, beginning at the lowest number of township,
range and section, and shall sell the same to the highest bidder; Provided, That any such bid shall not be less than fifty cents per acre. And after such sale,
as aforesaid, if any of said lands shall remain unsold, the same may be purchased
at private entry, at fifty cents per acre. And after said lands shall be offered
at public auction, as aforesaid, the said “commissioners of the Gallatin Saline” shall proceed to offer, at public auction, the saline lots, including wells, or
salt water prospects, to the highest bidder; Provided, That if the said lots, last mentioned, shall not sell at such public auction, they
shall in no case be entered at private sale.2Leases may be surrendered and sold.
Proviso
Sec. 4. That after the expiration of the year eighteen hundred and forty, the lands now included
in any lease, and the wells, or salt water prospects, belonging to any saline lot,
as mentioned in the second section of this act, may be sold by the commissioners of
the Gallatin Saline, in the manner prescribed in the third section of this act; or if the said lessees
shall, at any time, relinquish their right by lease, to any of the lands included
in any of their respective leases, the same may be sold as before prescribed; or if
they, or any of the said lessees, shall surrender to the state their respective leases, of said saline, then the wells, or salt water prospects, on said lease, so surrendered, may be sold
as before prescribed, under the same conditions and restrictions; Provided, That nothing herein contained, shall be so construed as to permit the present lessees
to use or occupy any of the land included in their respective leases, for any purpose
but the manufacture of salt, and all contracts or leases in relation thereto, by said
lessees, shall be void, and shall not be enforced by any court or jurisdiction in
this state.
Certificate
Sec. 5. Whenever any of the lands mentioned in the foregoing sections, shall have been sold,
as therein specified, it shall be the duty of the commissioner of the Gallatin Saline, to issue his certificate therefor, describing the particular tract or tracts so
sold, the price for which the same was sold, and the time and place of selling the
same; and the person holding such certificate, or his assigns, may present the same
to the auditor of public accounts, whose duty it shall be, to make out patents for
such tract or tracts.
Appropriation for bridge over Saline creek. &c.[etc.]
Appropriation to Edwards c’y
Sec. 6. Twelve thousand dollars, arising from the sale of said land, and saline and coal
lots, is hereby appropriated for the erection of a bridge across the Saline creek,3 at the
<Page 4>
Island ripple, and improving the navigation of said creek and also the sum of six hundred dollars to the county o Edwards, to be expended by the commissioners in works of internal improvement in said county
of Edwards.4Appropriations for various purposes.
Appropriations continued.
Residue to be paid into state treasury.
T. Guard
Sec. 7. That the sum of eight hundred dollars, be and the same is appropriated, on the road
leading from Equality to Golconda, one half to be expended under the direction of the county commissioners of Pope county, and the other half under the direction of the county commissioners of Gallatin. The further sum of eight hundred dollars is appropriated to the improvement of
the road from Equality to McLeansborough, one half to be expended in each county, under the direction of the county commissioners, respectively. The further sum of five hundred dollars is appropriated to the improvement
of the road leading from Equality to Carmi, under the direction of Thomas H. Leaville and John Kensall. And the sum of one thousand dollars is appropriated to the improvement of the road
from Equality, across the North Fork, and Cypress creek, to Shawneetown, under the direction of Henry Eddy and John Grenshaw. And the further sum of four hundred dollars, to the county court of Franklin, for the purpose of erecting a bridge across the Middle Fork of Muddy, on the road leading from Frankfort to Mount Vernon. And the further sum of four hundred dollars, to the county of Jackson, for the purpose of building a bridge across the Crab Orchard, on the road leading
from Frankfort to Brownsville. And the further sum of four hundred dollars to Jackson county, for the purpose of completing the road across the bottom, on the road from Brownsville to the Grand Tower. And the further sum of four hundred dollars to the county of Washington, to be applied exclusively to the improvement of the roads in said county. And the sum of three hundred dollars, to Franklin county, for building a bridge across Pond creek, in the county of Franklin, on the two roads leading to Phelp’s prairies, and Brownsville. The sum of five hundred dollars be, and the same is hereby appropriated to the
county of Union, to improve the road from Jonesboro’ to the Mississippi river, at Williard’s ferry. The sum of five hundred dollars be, and the same is hereby
appropriated to the county of Alexander, for the purpose of building a bridge at Unity. To the county of Pope, three hundred dollars, one half on the Petullo bluff, on the road from Vandalia to Golconda, the other half on the Massac bluffs, to be expended, the first under the direction
of Williston T. Reed, and the second under the direction of John Witt. The further sum of five hundred dollars, to be appropriated under the order and
direction of the county commissioners of Johnson coun-
<Page 5>
ty, within the limits of said county.5 The further sum of two hundred dollars, to the county of Franklin, to build a bridge across the saline, on the road from Frankfort to Golconda. The further sum of five hundred dollars, to Randolph county, to build a bridge across Mary’s river, on the road from Kaskaskia to Liberty. And the further sum of three hundred dollars, to be applied under the direction
of the county commissioners’ court of Lawrence county, to the improvement of Purgatory, on the Vincennes and St. Louis road.6 To the county of Edgar, three hundred dollars, to be expended under the direction of the county commissioners’ court of said county, for the improvement of the public roads therein. To the county of Jefferson, the sum of four hundred dollars, to be expended under the direction of the county commissioners of said county. To the county of Clay, three hundred dollars, to be applied to the improvement of the Little Wabash bottom.7 To the county of Perry, four hundred dollars, to be appropriated under the order and direction of the county commissioners of said county: and also to the county of Greene, four hundred dollars; and to the county of Marion, four hundred dollars; and to the county of Effingham, one hundred and fifty dollars, to be expended under the direction of the county commissioners, in building bridges on the road in said county leading from Maysville to Shelbyville.8 To the counties of Coles and Clark, three hundred dollars, each, to be expended under the direction of the county commissioners’ courts of said counties, for purposes of internal improvement. And there shall be paid
to the county commissioners’ court of the county of Wabash, the sum of five hundred dollars, to be expended under its direction, one half thereof
to be expended in improving the navigation of the Bonpas river, and the residue thereof in improving the state road9 and mail route, leading from Mount Carmel to Albion.10 The residue of the money, if any, arising from the sales of said saline lands, shall be paid into the treasury of the state, for the use of the state. Timothy Guard is allowed the pre-emption right to part of the fraction on which his coal furnace and stack now stands, for
the purpose of erecting thereon a steam mill, not exceeding four acres, at fifty cents
per acre.11Commissioners to expend appropriations.
Sec. 8. The commissioners appointed in the second section of this act, are hereby authorised to lay out and expend the money appropriated for the improvement of the navigation
of the Saline, in building locks and dams, upon and across said creek, at such times and places as they may deem proper; and whenever they may believe
there is a sufficiency of money to justify them in so doing, may commence said work,
either by letting it out in parcels, or the
<Page 6>
whole, or by employing laborers to work on said improvement; and shall have power
to cause the said Saline creek to be made navigable at all times, for boats drawing two feet and a half water, as
far as Equality, and to improve the navigation by clearing out rafts, and cut timber out of the way,
as high up as McFarland’s mill, on said creek.12Commissioners to give bond.
Shall be sworn
Vacancy.
Sec. 9. The commissioner appointed to sell the land and lots in this act mentioned, shall,
before he enters upon the duties of his office, enter into bond and security to the
people of the state of Illinois, in the sum of twenty thousand dollars, for the faithful performance of his duties
as commissioner, as aforesaid; and also take an oath faithfully to perform his duties, as such commissioner; which
bond shall be approved of by the county commissioners’ court, and filed in the records of said court. And if he fail to enter into such bond, his office shall be deemed vacant, after
three months from the passage of this act: and it shall be the duty of the governor
to fill such vacancy; and such bond and security shall be required of the commissioner
so appointed to fill the vacancy.
Commissioners to deposite money in bank.
Sec. 10. The said commissioner shall, at least once a month, deposite all moneys arising from the sale of any land or lots, in the Bank of Illinois , at Shawneetown; and once in every three months,
report to the auditor of public accounts, stating particularly the amount of sales,
what is sold, and to whom, and when.
Commissioners to draw for money.
Vacancy
Sec. 11. The commissioners, and others, authorised to lay out and spend the several sums in this act appropriated, are hereby authorised to draw for the same on the bank aforesaid, as the same may be deposited, in the
order in which they stand stated in the sixth and seventh sections of this act; the
county commissioners by a certified order of said court, and the commissioners, by an order signed by a majority of their number; and in case of a vacancy in said commissioners, by death, resignation, or otherwise,
the remaining commissioners shall have power to fill such vacancy.13
Approved, Jan. 16, 1836.
1Job Fletcher introduced SB 14, originally titled “A Bill relating to the Gallatin County Saline,” in the Senate on December 15, 1835, and the Senate referred the bill to the Committee on Salines.
On January 1, 1836, the Committee on Salines reported back the bill with a substitute.
The Senate amended the substitute by adding sentences to the seventh section. Senators
proposed additional amendments, and the Senate committed the substitute and the proposed
amendments to a select committee. The select committee reported back the bill on January
4 with further amendments, in which the Senate did not concur. The Senate then approved
the Committee on Saline’s initial amendments to the bill by a vote of 13 yeas and
10 nays. The Senate then amended the bill further by adding a sentence to the seventh
section. The Senate passed the bill as amended on January 8, by a vote of 14 yeas
to 9 nays. On January 12, the House of Representatives amended the sixth section by approving an amendment making provision for Edwards County. The House amended the seventh section by approving three amendments: one making provision for Edgar County, one for Jefferson County, and one for Clay County. The House approved the amendment for Jefferson County by a vote of 34 yeas to 14
nays, with Abraham Lincoln voting yea. On January 13, the House adopted several amendments to the seventh
section. The House rejected an amendment by a vote of 18 yeas to 32 nays, with Lincoln
voting nay, to strike out sections six, seven, eight, nine, and eleven, and insert
in lieu thereof a section placing the proceeds of the sales in the School Fund.
The House also rejected an amendment by a vote of 11 yeas to 39 nays, with Lincoln voting nay, to strike out all after
the fifth section and inserted in lieu thereof provision for a road from the Wabash River opposite Vincennes, to the Mississippi River opposite St. Louis. The House also rejected an amendment to the sixth section. The House passed the bill as amended by a vote of 32 yeas
to 18 nays, with Lincoln voting yea. On January 15, the Senate approved the House
amendments by a vote of 11 yeas to 10 nays. On January 16, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 259, 283, 290-93, 315-18, 337, 346, 358;
Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 42, 143-44, 147-149, 159-160, 187, 242, 253, 268, 279.
2After deliberating an early version of the bill, the Senate Committee on Salines concluded that it was in the best interests of the state and salt industry for the state to sell the remaining acres in the Saline Reserve. In 1831, the General Assembly had petitioned Congress for permission to sell 20,000 acres in Gallatin County. Congress had granted its permission, and sales were ongoing.
Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 143; “An Act Appropriating a Portion of the Avails Arising
from the Sale of the Saline Lands, in Gallatin County, to Internal Improvement,” 16
February 1831, Laws of Illinois
(1831), 12-16; U.S. House Journal. 1830. 21st Cong., 2nd sess., 14 February, 302;
3In recommending the sale of the remaining saline lands, the Senate Committee on Salines urged that “liberal appropriation” out of revenue received from
the sales be made to improve navigation on Saline Creek. Any remaining balance was
to be appropriated for other public works projects.
Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 144.
4On January 12, 1836, the House of Representatives approved an amendment making provision for Edwards County.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 290-91
5On January 13, 1836, the House of Representatives added the provision for Johnson County.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 315.
6On January 4, 1836, the Senate added the provision for Lawrence County.
Illinois Senate Journal. 1835. 9th G. A., 2nd sess.,
160.
7On January 12, 1836, the House of Representatives amended this section by adopting three amendments: one making provision for Edgar County, one for Jefferson County, and one for Clay County.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 291-92.
8On January 13, 1836, the House of Representatives added the provision for Effingham County.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 316.
9State roads were those public roads established or designated by the General Assembly and usually crossed county lines. Only the General Assembly could establish, alter,
or abandon state roads, until 1840 and 1841, when the General Assembly gave counties
the authority to alter or to abandon state roads upon petition by a majority of voters
in the area of the change.
10On January 13, 1836, The House of Representatives added the provisions for Coles, Clark, and Wabash.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 315.
11On January 1, 1836, the Senate added the provision for Timothy Guard and for the disposition of the residue of money generated from the sales. A third
addition did not make it into the act. Selling portions of the Saline Reserve Lands and appropriating the proceeds for public works was part of the Illinois Internal Improvement System.
Illinois Senate Journal. 1835. 9th G. A., 2nd sess.,
147-48.
12In 1827, the General Assembly had apportioned some of the revenue realized from the anticipated sale of 30,000
acres of the Saline Reserve to improving the navigation of Saline Creek.
“An Act concerning the Saline Reserves, a Penitentiary, and the Improvement of Certain
Navigable Streams,” 15 February 1827, The Revised Code of Laws, of Illinois (1827), 353.
13As of January 1841, land sales under provisions of this act amounted to $24,327.57.
Of this sum, $21,819.52 had been distributed to the respective counties. Between 1832
and 1841, commissioners sold 92,471 acres belonging to the Gallatin Saline.
“Report of the Committee on the Salines and Saline Lands,” 12 January 1841, Illinois
Senate Reports. 1840. 12th G. A., 219.
Printed Document, 6 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their Second Session (Vandalia, IL:
J. Y. Sawyer, 1836), 263-68, GA Session: 9-2,