Papers Of Abraham Lincoln

In force Feb.[February] 27, 1841.

An ACT to extend the location of the Darwin and Charleston Turnpike, from Charleston to Springfield.
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Com’rs[Commissioners] to locate road.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Elisha Linder and Thomas Marshall of Coles county, and William Todd of Shelby county, and William B. Archer of Clark county, and Elijah lles of Sangamon county, be, and they are hereby appointed commissioners to view, survey, extend and locate the Darwin and Charleston turnpike, from Charleston 2 by Nelson or Juliana3, by Mount Auburn in Christian county,4 to Springfield.5

Time & place of meeting

To be sworn

Sec. 2. Said commissioners or a majority of them shall meet at Charleston in the month of April next, and previous to entering upon the discharge of the duties enjoined on them, shall be sworn and make oath before some judge or justice of the peace of the State, that they will faithfully and impartially, to the best of their judgment, view, survey and extend the location of said road with a view to the public good and the permanency of the road.

Location

Width

Mile posts

Sec. 3. Said commissioners shall review the present location from the first angle west of Westfield to Charleston with a view of crossing the Embarrass river at Baker's and Norfolk's mill,6 and if, in their good judgment, the latter should be found to be the shortest and a more preferable route, they shall make the alteration and permanent location from said angle by way of said mill to Charleston, and it shall be the duty of said commissioners to examine fully and carefully the country between Charleston and Springfield, and keeping in view the public good, and the best interests of the State, they shall locate said road on the nearest end most eligible route for a permanent turnpike, making

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the whole width of the road eighty feet, placing a line of stakes in the centre, at each angle a stone, or a stake if a stone cannot be coveniently procured; and at suitable distances side stakes of durable timber, well driven and planted in the ground, marking the trees on a true line through timbered land, and at the termination of each mile from the point of commencement, a suitable post of durable timber, painted, shall be firmly planted in the ground, with letters and figures showing the exact distance in miles from Springfield to Marshall, (National Road) and from Marshall to Springfield.

Report & plat to be filed

Sec. 4. It shall be the duty of said commissioners to make a report with a plat of said road, giving the courses, distances, notable places and streams, which shall be filed in the internal improvement office, or the office having in charge the original papers, reports and proceedings of said Darwin and Charleston turnpike road, at Springfield, to be filed and preserved in said office, and a similar report and plat, with the courses and distances of the portion thereof lying and being in each county, shall be furnished to the commissioners’ court of each county through which the same shall pass, to be recorded and filed.

Pay of com’rs

Expenses how paid

Sec. 5. The compensation to said commissioners shall be one dollar and fifty cents each per day; to the surveyor two dollars per day, and the necessary hands, seventy-five cents each for each and every day necessarily employed in locating and establishing as contemplated by this act, said road; the whole bill of expenses shall be made out and certified by said commissioners and the same shall be equally divided between the counties of Clark, Coles 7 and Sangamon, and each county commissioners’ court shall order the amount due to be paid to the individuals entitled to the same, and the county commissioners’ court shall cause the road to be opened and improved without delay. Approved, February 27, 1841.8

1On January 11, 1841, William B. Archer introduced HB 101 in the House of Representatives. On January 19, the House amended the bill by inserting the word “Mount Auburn” after the word “Charleston” in the first section, and laid it aside informally. Later on January 19, the House took up the bill again and amended it by inserting the word “Christian” after the word “Coles” in the fifth section. On February 4, the House amended the bill by striking out the amendments made on January 19 and passed the bill as amended. On February 6, the Senate referred the bill to the Committee on Public Roads. On February 19, the committee reported back the bill with several amendments, and the Senate voted to amend the amendment of the committee. The Senate then agreed to indefinitely postpone further consideration of the amended bill. On February 19, the Senate reconsidered the vote to indefinitely postpone the bill but decided to lay the bill on the table. The Senate then brought up the bill for consideration and voted against the amended version of the Committee on Public Roads’ amended bill. However, the Senate further amended to the bill by adding the words “by Nelson or Juliana,” between the words “Charleston and Springfield,” in the first section. On February 22, the Senate passed the bill as amended. On February 22, the House amended the Senate’s amended bill by adding the words “by Mount Auburn in Christian County,” in the first section. The House concurred in the bill as amended. On February 24, the Senate concurred in the House amended version of the amended bill. On February 27, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1840. 12th G. A., 210, 246, 248, 262, 330, 473, 478, 503, 545, 547; Illinois Senate Journal. 1840. 12th G. A., 242, 250-51, 350, 352, 354-55, 372, 385, 390.

2On January 19, 1841, the House of Representatives amended the bill by inserting the word “Mount Auburn” after the word “Charleston.” On February 4, the House struck out this amendment. On February 27, the General Assembly passed an act that repealed the portion of the first section that made Elisha Linder a commissioner.
Illinois House Journal. 1840. 12th G. A., 246, 330.

3On February 19, 1841, the Senate amended the bill by adding the words “by Nelson or Juliana.”
Illinois Senate Journal. 1840. 12th G. A., 355.

4On February 23, 1841, the House of Representatives added the words “by Mount Auburn in Christian County.”
Illinois House Journal. 1840. 12th G. A., 478.

5In 1839, the General Assembly passed an act authorizing construction of a turnpike road between Charleston and Darwin.

6The first mill in Hutton Township, built in 1824 or 1825.
The History of Coles County, Illinois (Chicago: William Le Baron, Jr., 1879), 439. The original owner sold it to the firm of Baker & Norfolk in the 1830s.

7On January 19, 1941, the House of Representatives amended the bill by inserting the word “Christian” after the word “Coles.” On February 4, the House struck out this amendment.
Illinois House Journal. 1840. 12th G. A., 248, 330.

8On February 27, 1841, the General Assembly passed an act that supplemented this act.