Papers Of Abraham Lincoln

In force, Feb.[February] 17, 1841.

An ACT to authorize the supervisor of the village of Cahokia to lease part of the commons appertaining to said village.
1

Supervisor authorized to survey and lease part of commons.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the supervisor duly elected by the inhabitants of the village of Cahokia is hereby authorized to cause to be surveyed in lots, that in his opinion, will best suit purchasers, any part of the commons of Cahokia,2 and lease the same for any number of years not exceeding one hundred, as in his opinion will best promote the interest of the inhabitants of said village. The said supervisor shall first cause to be surveyed in lots as aforesaid, the part of said commons proposed to be leased, and cause a plot of the same to be made, showing the number of acres in each lot, and location properly numbered, which plot, when so made, shall be recorded in the recorder’s office of St. Clair county.

Notice of sale.

Sec. 2. The said supervisor shall cause to be inserted for four weeks consecutively in one of the newspapers published in Belleville, and also in one of the daily papers published in the city of St. Louis, Mo., the time and place of offering said lots to lease, and also, cause four written advertisements to be placed up in four of the most public places in the vicinity of the said village; and on the day thus appointed the said supervisor shall cause the said lots to be publicly set up and leased to the highest bidder.

Lots how sold on lease.

Sec. 3. Each lot shall be offered separately, stating the number of years for which the same is proposed to be leased, the number of acres it contains, and the same shall be struck off to the person bidding the highest amount of money per acre, payable annually in advance for the same, each and every year the same as leased for. The said supervisor as aforesaid, shall execute to the lessee, a deed of lease for the number of years the same was bid off, which lease shall vest in the purchaser the full and complete possession and enjoyment of said land for the term of years leased, conditioned for the annual payment of the rent to the supervisor or other authorized person or persons to receive the same, for the inhabitants of the village of Cahokia.

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Proceeds of sale, how applied.

Trustees to provide houses of schools.

Lots may be leased at private sale.

Sec. 4. The proceeds of the commons so leased as above, shall, after defraying the expenses of sale, be appropriated to the education of the children of the inhabitants of the village of Cahokia, and for no other purpose whatever; to effect said object the inhabitants of said village shall elect three trustees annually, whose duty it shall be to provide a school house or houses, and employ a teacher or teachers, suitable and competent for the instruction of the pupils. Said trustees shall have power to receive from the supervisor or lessees the amount of money due annually from the rents of said commons, and transmit the same to their successors in office, should there be any in their hands, and shall moreover be required at the end of every year to render an account to the inhabitants of said village of all the monies which came to their hands, of the amount paid for tuition, and school houses, and the number of children taught. Nothing in this act contained shall prevent the said supervisor from leasing any portion of said commons at private sale, when in his opinion the interest of the inhabitants of Cahokia will be advanced by it.3

Supervisor to give bond.

Sec. 5. Said supervisor before entering on the discharge of his duties under this act, shall enter into bond with two or more sufficient securities, in the sum of three thousand dollars payable to the county commissioners of St. Clair county, and their successors in office for the use of the inhabitants of the village of Cahokia; conditioned for the faithful performance of his duties under this act, which bond shall be signed, and the securities approved of before the clerk of the county commissioners' court of St. Clair county, which bond, when approved by the clerk, shall be by him filed in his office.

Approved, February 17, 1841.

1On January 25, 1841, Adam W. Snyder in the Senate presented the petition of inhabitants of Cahkoia, requesting the passage of a law authorizing them to lease part of the village commons for the benefits of schools. The Senate referred the petition to the Committee on the Judiciary. In response to said petition, Snyder of the Committee on the Judiciary introduced SB 146 in the Senate on February 2. On February 4, the Senate passed the bill. On February 13, the House of Representatives passed the bill. On February 17, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1840. 12th G. A., 320, 390; Illinois Senate Journal. 1840. 12th G. A., 203, 230, 231, 237, 319, 283, 337.

2In 1791, Congress passed an act setting aside a certain number of acres for the common use of the villagers living in Cahokia. In 1810, Congress defined the boundaries of this commons. Prior to 1841, villagers used the commons for grazing, fuel, and other mundane purposes, reaping few real benefits from the land.
Newton Bateman and Paul Selby, eds., Historical Encyclopedia of Illinois and History of St. Clair County ed. by A. S. Wasserman and A. A. Wasserman (Chicago: Munsell, 1907), 2:782.

3Funds derived from rents of the commons allowed villagers to build schools and pay teachers independent of state funding. In 1841, village officials constructed the first school building in Cahokia. It was located in the center of the village.
History of St. Clair County, Illinois (Philadelphia, PA: Brink, McDonough, 1881), 329; Newton Bateman and Paul Selby, eds., Historical Encyclopedia of Illinois and History of St. Clair County ed. by A. S. Wasserman and A. A. Wasserman (Chicago: Munsell, 1907), 2:782, 871.