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Sec.[Section] 1st Be it enacted by the people of the State of Illinois represented in the General Assembly,
That all that tract of country included within the following boundaries towit: beginning
at the South west corner of the county of Marshall thence running west along the line dividing the Counties of Putnam and Peoria. to the south west corner of township twelve, in range five east of the fourth principal
meredian thence north along the line dividing ranges four and five to the north west corner
of township fourteen, thence east ^to the north east corner of Township fourteen, range^ seven, east, thence south to the place of beginning, shall constitute a new county
to be called Stark.2
Sec. 2. That for the purpose of locating the county seat of said county, William Fenn, of Marshall county, D. G Salisbury of Bureau, and Campbell Wakefield of McLean county, are hereby appointed Commissioners, and the said Commissioners or a majority of
whom, shall on the second Monday in April next or as soon thereafter as may be convenient,
meet at the house of Elijah McClenahan Sr in the county of Putnam; and after being duly sworn to observe the provisions of this act, shall proceed
to locate the county seat, taking into view the central central position, and eligibility of the place; with an eye to the convenience of
the present and future population of said county; and should the place selected be on lands belonging to the United States, the County
Commissioners shall as soon as convenient purchase the same for the use of the county, but if the location shall be made on lands belonging to individuals the aforesaid
Commissioners shall require a donation to be made to said county, of any quantity of acres, not less than fifty and on which the public buildings
shall be located.
Sec 3. The legal voters of said county of stark, shall meet at
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the house of Elizah McClenahans Srnr, in said county on the first Monday in April next, and proceed to choose three Judges and two Clerks,
who after being duly sworn shall proceed to open the polls and hold an election for
the purpose of electing county officers, excepting only the county Commissioner at
present residing within the limits of said new county, who shall continue in office for the same period as if no change in the county of
Putnam had taken place; The County Commissioners shall meet at the house of Elijah McClanahan Senior within ten days after said election and after being qualified shall proceed to lay
off the said county into Justices districts; to levy a county tax for the present year, lay off road
districts, and appoint supervisors and to do and perform such other duties as is required
by law.
Sec 4. It shall be the duty of Moses Boardman, or in case of his absence any Justice of the peace within the boundaries of said
county to give at least fifteen days notice of the time and place of holding the election
provided for in the third section of this act, and the Justice of the Peace of the
said new county shall meet at the house of Elijah McClenahan Senior within seven days after the said election, and shall proceed to open the poll books
and examine the votes; give certificates of election to the persons elected county
commissioners and make returns to the office of secretary of State for the county
offices, and shall do and perform all such duties as is required of Clerks of County Commissioners and Justices of the peace in like cases.
Sec. 5. The County of Stark shall be entitled to and shall receive one sixth part of all the money received by
the county of Putnam from the state of Illinois according to the provisions of the act to establish and maintain a General System
of Internal Improvements; which sixth part shall be paid by the
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county treasurer of Putnam County, to the order of the county Commissioners of the county of stark, and which order shall be sufficiant evidence to the Treasurer of Putnam county to pay over said money.
^2^ Sec. 6. The Courts of said county shall be held at such place as the County Commissioners may designate, until a suitable
preperation can be made at the county seat, which county seat when located shall be called Toulon, said county shall form a part of the same Judicial Circuit with the Counties of Putnam and Marshall, and the circuit court shall be held for said county twice in each year at such time as the Judge of the said circuit may designate.
Sec. 7. The qualified voters of the county of Stark in all elections except county elections shall vote with the Senatorial and representative
district composed of the Counties of Peoria. Putnam. Bureau, and Marshall, until otherwise provided by law, but shall make election returns, to the Secretary
of State in the same manner that is now required by law from other Counties in this
State.
Sec. 8. It shall be the duty of the Clerk of the County Commissioners Court of Stark County to make the returns of election for representative to the General Assembly to to the clerk of the county of Putnam; and the returns for Senator to the County of Peoria, and shall proceed to compare said election returns as is now required by law in
other Senatorial and representative districts.
Sec. 9. The Commissioners appointed by this act to locate the County seat shall each
receive the sum of three dollars per day for each day they may be necessarily employed
in the location of the same, which compensation shall be paid out of the County Treasury
of said County.
Sec. 10. That the following additional territory shall be attached to and become a part
of the county of stark
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towit, Beginning on the north boundry line of the County of Peoria at the middle of range six east of the fourth principal meredian, running thence south four miles thence west to the middle of range four east, thence
north to the middle of Township fifteen north, thence east to the Bureau county line,
thence south to the north boundary line of the county of stark as established in the first Section of this act, Provided that a majority of the
qualified voters of that part of the county of Peoria, and of Knox, and of Henry included within the bounds of the County of Stark as established by this section, shall hold an election on the second Saturday in
March next at the place of holding elections for Justices of the Peace and Constables
within that part of their respective counties included within the bounds designated
in this section; if such precinct exists, if not, at such place as may be designated
by advertisement posted up at least ten days previous to the day of election at four
different places, in each part of said Counties, and if necessary the electors may
choose their Judges and Clerks of election who shall open a poll Book with two colums one in favor of becoming part of the County of Stark the other against it, and if a majority of all the votes given at either of said
places shall be in favor of becoming part of the County of Stark in that case it shall compose a part of said County, but should the votes be against it. it shall remain part of the county ^of^ which it originally belonged, but nothing in this section shall be construed to prevent
the formation of the County of Stark as established in the first section of this act. The Judges of said election shall
meet on Monday succeeding the election, at the House of Jonathan Hodgson Esqr at Frokers Grove and in his presence
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shall open the poles; and compare them, and said Hodgson shall inform the Clerk of the County Commissioners Court of each County and the Secretary of the State of the result of the several elections aforesaid.3<Page 6>
[ docketing
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No 182 ^128^
[ docketing
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[02]/[15]/[1839]
[02]/[15]/[1839]
Rejected.
[ docketing
]
[02]/[16]/[1839]
[02]/[16]/[1839]
Rescinded 16 Feby[February] & again Rejected.
[ docketing
]
[02]/[14]/[1839]
[02]/[14]/[1839]
Engrossed.
1John Moore of the Committee on Counties, of which Abraham Lincoln was a member and to which the House of Representatives referred several petitions, introduced HB 179 in the House on January 23, 1839.
The House referred the bill to a select committee. The select committee reported
back the bill on February 5 with amendments, and the House tabled the bill and proposed
amendments. On February 7, the House took up the bill, referring it and the proposed
amendments to another select committee. The select committee reported back the bill
on February 11 with amendments, recommending adoption of the bill and all associated
amendments. The House adopted amendments to the third and sixth sections, and added
a tenth section by a vote of 43 yeas to 31 nays, with Lincoln not voting. On February
15, the House rejected the bill. On February 16, the House rescinded its previous
vote but again rejected the bill.
Illinois House Journal. 1838. 11th G. A., 1st sess., 265, 348, 361, 379-80, 397, 415, 420.
2Voters in Knox and Henry counties rejected the creation of Coffee County in April
1837, according to the provisions of An Act for the Formation of the County of Coffee. Citizens in Putnam, Knox, and Henry counties again petitioned the Illinois General
Assembly for a new county in January 1839. Despite the failure of this bill, the
General Assembly did pass An Act for the Formation of the County of Stark, and for Other Purposes two weeks later.
J. Knox Hall, ed., History of Stark County, Illinois, and Its People, 2 vols. (Chicago: Pioneer Publishing Company, 1916), 1:72.
3On February 11, 1839, the House of Representatives added the tenth section.
Illinois House Journal. 1838. 11th G. A., 1st sess., 379.
Handwritten Document, 6 page(s), Folder 140, HB 179, GA Session 11-1, Illinois State Archives (Springfield, IL)