Papers Of Abraham Lincoln

In force 7th, Feb.[February] 1837.

AN ACT to locate a State road from Charleston to Springfield.
1

Commissioners appointed

Their duty

Sec. 1. Be it enacted by the People of the State of Illinois represented in the General Assembly, That Reuben Canterbury, jr., of Coles county, William L. Ward of Shelby county, and Daniel Good of Sangamon county, be and they are hereby appointed commissioners to view, mark, survey, and locate a State road from at or near where the State road,2 leading from Charleston to Shelbyville, leaves the Kickapoo timber in the county of Coles,3 to some suitable point or place to intersect the State road leading from Springfield to Shelbyville, passing through the town of Essex and by Samuel Wright’s in the county of Shelby, having in view the shortness of the route, and the eligibility of the ground, doing as little damage as possible to private property.

When and where to meet.

To be sworn.
Oath
Duty

Report

To be filed

Shall be a state road.

Sec. 2. The said commissioners, or a majority of them, shall meet at the House of Joseph Vanderian, on the first day of May next, or within three months thereafter, and being first duly sworn before some justice of the peace faithfully to discharge the duties required of them by this act, shall proceed to view, mark, survey and locate said road, and as soon as practicable thereafter the said commissioners shall make a report of their proceedings to the county commissioners’ court of each county through which said road shall pass, which report shall be filed with the clerk of said courts, and the said road thus laid out shall be and is hereby declared a public State road, and shall be opened and kept in repair as other State roads.

Compensation.

Sec. 3. Said commissioners shall be allowed a reasonable compensation for their services, to be paid by the counties through which said road shall pass in proportion to the extent of said road in each county.

Approved 7th February, 1837.

1On January 11, 1837, John S. Turley in the House of Representatives presented the petition a numerous citizens, requesting the alteration of a state road. The House referred the petition to a select committee. In response to this petition, Turley of the select committee introduced HB 120 in the House on January 13. The House referred the bill to a select committee. The select committee reported back the bill on January 16 with several amendments, in which the House concurred. On January 20, the House passed the bill as amended. On January 23, the Senate referred the bill to a select committee. The select committee reported back the bill on January 26 with amendments, in which the Senate concurred. On January 27, the Senate passed the bill as amended. On February 3, the House concurred in the Senate amendments. On February 7, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 231-32, 250, 267, 312, 414, 468, 483, 505; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 268, 280, 299-300, 311-12, 351, 352.

2State 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.

3An extensive area of timber on the Kickapoo Creek.