Papers Of Abraham Lincoln

In force Feb.[February] 11th, 1837

AN ACT to locate a State road from Galena to Beardstown.
1

Commissioners to locate road

Sec.[Section] 1. Be it created by the people of the State of Illinois represented in the General Assembly, That A. M. Seymour of Henry county, Asa Crook of Whiteside county, Israel Mitchell of Jo Daviess county, Russel Toncray of Schuyler county, and G. A. Charles of Knox county be and they are hereby appointed commissioners to view, mark and locate a State road leading from Galena in the county of Jo Daviess, via Wappal’s on Apple river, Savanna at the mouth of Plumb river, Prophet’s Town on Rock River via Henderson,2 Knoxville in Knox county, Rushville in Schuyler county, to Beardstown on the Illinois river.3

Commissioners to make maps

Sec. 2. Said commissioners shall meet in Galena on or before the first Monday in June next, and after being duly sworn before some magistrate of said county to faithfully perform the duties enjoined on them by this act; after which they shall proceed to locate said road in the manner pointed out by the first section of this act, and shall as soon as convenient cause to be filed with the clerk of the county commissioners’ courts of the several counties through which said road may pass, a report and complete map of said road, which reports and maps shall be preserved, and shall form a part of record of said court, and upon filing said report the road so located shall be worked upon, and be a public highway.

Allowance made

Sec. 3. The county commissioners’ courts of the counties through which said road may pass shall allow to said commissioners, surveyors and chain-carriers, a reasonable compensation for their services, to be paid out of the county treasuries of the counties through which said road may pass.4

Approved, February 11th, 1837.

1On December 29, 1836, James Craig in the House of Representatives presented the petition of several citizens, requesting state roads from Galena to Beardstown and from Knoxville to Springfield. The House referred the petition to the Committee on Petitions. In response to this petition, Stephen A. Douglas of the Committee on Petitions introduced HB 168, originally titled "A Bill to Locate a State Road from Galena to Beardstown, and from Knoxville to Springfield, " in the House on January 5, 1837. The House referred the bill to a select committee. The select committee reported back the bill on January 7 with an amendment, in which the House concurred. The House re-considered this vote, referring the bill and amendment to another select committee. The second select committee reported back the bill on January 21 with amendments, in which the House concurred. On January 25, the House amended the bill by inserting after the words “Rock River” in the first section, the words “via Henderson.” The House further amended the bill by striking out the fourth, fifth, sixth, and seventh sections. The House further amended the first section by filling in the blank with the name “Russell.” The House passed the bill as amended, amending the title by striking out the words “and from Knoxville to Springfield.” The Senate concurred on February 8. On February 11, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 132, 176, 195, 318, 386, 515, 551, 572; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 301-302, 338-39, 356, 366, 389.

2On January 25, 1837, the House of Representatives amended the bill by adding the words “via Henderson.” It also filled in the blank with the name “Russell.”
Illinois House Journal. 1836. 10th G. A., 1st sess., 386.

3State 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.
An Act concerning Public Roads, sec. 9; An Act Authorizing Commissioners’ Courts to Alter, Change, and Relocate State Roads; An Act concerning Public Roads.

4On January 25, 1837, the House of Representatives amended the bill by striking out the fourth, fifth, sixth, and seventh sections. It also amended the title by striking out the words “and from Knoxville to Springfield.”
Illinois House Journal. 1836. 10th G. A., 1st sess., 386.