Papers Of Abraham Lincoln

In force, Feb[February] 23, 1839.

AN ACT to relocate the seat of justice in the county of Iroquois.
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Preamble.

Whereas the town of Montgomery, in the county of Iroquois, is within three miles of the State line of Indiana, and that the county seat is by law located at this town, and that to continue the seat at this place renders it very inconvenient and expensive for the citizens of said county to travel a great distance to the present seat of justice: And whereas the title to the present site is in minor heirs, and cannot be legally obtained: And whereas a large majority of the inhabitants of said county are anxious that the county seat should be located in a more central point, which will materially commode them: Therefore,

Com’rs[Commissioners] to locate co.[county] seat.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That M. L. Covell, John Moore, and Cheney Thomas, of McLane county, be, and they are hereby appointed commissioners whose duty it shall

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be to locate a permanent seat of justice for the county of Iroquois. And the county seat, when selected and located, shall be called by such name as the said commissioners may designate.

Time & place of meeting.

Sec. 2. The above named commissioners, or a majority of them, shall meet at the town of Middleport, in said county of Iroquois, on the first Monday in June next, or within thirty days thereafter, and, after being duly sworn by some justice of the peace faithfully to take into consideration the convenience of the people, situation of settlements now made, and that may hereafter be made, and the eligibility for said site, shall proceed to fix upon a place for said county seat.

Report of com’rs.

Sec. 3. When said commissioners, or a majority of them, shall have agreed upon a place for said county seat as is provided in the second section of this act, they shall make report thereof under their hands, particularly describing the place they have so selected, to the county commissioners’ court of the county of Iroquois, who, at their next term shall cause the same to be entered on the records of said court; and the said place, so selected, shall be and remain the permanent seat of justice of the said county of Iroquois.

Proviso.

Further proviso.

Sec. 4. Should said commissioners conclude to locate said seat of justice on private property, or the property of individuals, they shall ask and obtain from said individuals a donation of at least twenty acres of land; or should the said location be made in some town or village, the said commissioners shall ask and obtain, of the proprietor or proprietors of said town or village, a donation of not less than fifty town lots of an average value with the remaining ones within said town or village; and shall also describe said donation with certainty, by metes and bounds, as near as may be: Provided, That should the proprietor or proprietors neglect or refuse to make the donation herein provided for, the said commissioners shall then be required to locate the said seat of justice on the nearest eligible situation on public land. And it shall be the duty of said commissioners, previous to locating the said seat of justice on land belonging to an individual or individuals, to take a deed in fee simple to said county of Iroquois for such land as may be donated as aforesaid: And provided, further, That if the said commissioners shall locate said seat of justice on public land, the county commissioners’ court shall be, and they are hereby, authorized and required to purchase any quantity of land, not exceeding one quarter section, in the name and for the use of the said county of Iroquois; which land, or such part thereof as the said county commissioners’ court may direct, shall be laid off into town lots in such manner, and sold for the use of said county at such time and place, as the county commissioners’ court may direct.

Pay of com’rs.

Sec. 5. The county commissionrs’ court of said county of Iroquois shall allow the said commissioners such reasonable compensation for their services as they may deem just, not to

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exceed three dollars per day, to be paid out of the county treasury of said county.

Sec. 6. All acts and parts of acts coming within the perview of this act are hereby repealed.

Approved, February 23, 1839.

1On January 21, 1839, the House of Representatives referred a petition from citizens of Iroquois County to a select committee. On January 25, Louis Roberts of the select committee introduced HB 206 in the House, and the House referred the bill to the Committee on Counties, which included Abraham Lincoln as a member. On January 26, the Committee on Counties reported the bill with an amendment, and the House concurred. On February 6, the House passed the bill. On February 13, the Senate referred the bill to a select committee. On February 15, the select committee reported the bill with an amendment, and the Senate passed the bill. On February 18, the House concurred in the bill with the Senate’s amendment. On February 22, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Eleventh General Assembly of the State of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December 3 1838 (Vandalia, IL: William Walters, 1838), 278, 286, 337, 350, 403, 433, 488, 495; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December 3, 1838 (Vandalia, IL: William Walters, 1838), 285, 328-329, 334, 393.