In force 4th March, 1837.
AN ACT to establish the county seat of Mercer county.
1Com’rs[Commissioners] to locate seat of justice.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Wm. McMurtry of Knox county, Thomas Spragins of Jo Daviess county, John H. Stephenson of Ogle county, be and they are hereby appointed commissioners, whose duty it shall be to locate
a permanent seat of justice in and for the county of Mercer.
When and where to meet.
To take an oath
Sec. 2. The above named commissioners or a majority
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of them, shall meet at the town of New Boston in Mercer county, on the first Monday of April next, or within six months thereafter,
and after being duly sworn by some justice of the peace faithfully to take into consideration
the geographical boundaries of the county, the convenience of the inhabitants, the situation of the settlements that are or
may hereafter be made, and the eligibility of situations, shall proceed to fix upon
a place for said county seat.
Where may locate.
Sec. 3. The said commissioners or a majority of them, are hereby authorized to locate said
seat of justice in any town now laid off into lots, Provided, that the proprietor or proprietors thereof, shall donate and with covenants of general
warranty to said county of Mercer, lots of an average value, with the remaining lots in such town, equal in all to
at least thirty acres of land, or on private property if the proprietor thereof shall
donate to the county at least twenty acres of land, on which the court house and other
public buildings shall be erected, or on lands belonging to the United States, and
in that case it shall be the duty of the county commissioners court of said county, as soon thereafter as practicable, to purchase the same for the use of said county
of Mercer.
They shall report to the county court.
Sec. 4. When the said commissioners or a majority of them, shall have agreed upon a place
for the county seat, as herein provided, they shall make report thereof under their
hands, describing particularly the place which they have so selected, to the county commissioners court of said county of Mercer, who at their next term shall cause the same to be entered upon the records of said
court, and the said place so selected shall be and remain the permanent seat of justice
of the aforesaid county.
How proceeds of donated lands to be applied.
Sec. 5. The proceeds of the sales of all the lands that shall become the property of the
county by virtue of this act, shall be applied to the erection of a court house and jail
and such other public works as may be necessary and useful to said county, and the county commissioners are hereby authorized to make conveyance to the purchaser thereof, in their own names
as commissioners for, and in behalf of said county.
Compensation.
Sec. 6. The commissioners appointed to make the location aforesaid, shall each receive the
sum of three dollars per day, for each day by them necessarily employed in discharging
the duties imposed on them by this act, to be allowed by the county commissioners court, and paid out of the treasury of said county of Mercer.2
Approved, March 4th, 1837.
1On January 6, 1837, Stephen A. Douglas introduced HB 79 in the House. On March 3, the House passed the bill without amendment, and referred it to the Senate. On March 4, the Senate too passed the bill without amendment. Later that same day, theCouncil of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 183-84, 402, 849, 855; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 632, 639.
2The commissioners appointed in this act chose Millersburg as the county seat. Residents
were dissatisfied with this choice, and in 1839, the legislature passed an act authorizing county voters to hold an election to decide the permanent county seat.
That election failed to decide the matter permanently however, and in 1847, county
voters chose Keithsburg as their county seat.
An Act to Permanently Locate the County Seat of Mercer County; History of Mercer County (Chicago: H. H. Hill, 1882), 82-83, 120-212; Newton Bateman and Paul Selby, eds.,
Historical Encyclopedia of Illinois and History of Mercer County (Chicago: Munsell, 1903), 636-37.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly (Vandalia, IL: William Walters, 1837), 107-08, GA Session: 10-1