History of Cumberland County
From "The
Counties of
Cumberland, Jasper and Richland, Illinois"
Historical and Biographical,
©1884
Origin of the County
ORGANIZATION AND DEVELOPMENT
The region of
country now contained within the limits of Cumberland County,
Illinois., was subject to the legal jurisdiction of various seats of
justice before it became the home of citizens. Its earlier allegiance
was paid to Darwin, the early county seat of Clark County. Crawford
County was organized in 1816, and originally comprised the territory
included between the Wabash and Kaskas-kia rivers, and from its present
southern line to the northern limits of the United States. In the
following year, Clark County was formed, including all the territory of
Crawford north of its present northern boundary, between the two
rivers. The first white settlers in this region found it tributary to
Darwin and a part of Clark County. In 1821, Fayette County curtailed
the original extent of Clark on the west, and in 1823 by the formation
of Edgar, in 1827 by Shelby, and in 1831 by Coles. The inhabitants of
this region at this time were too few and scattered to exercise much
influence upon the formation of its parent county, Coles, and it seems
to have been formed in accordance with the natural law of development
of the State. Darwin, the center of trade, as well as governmental
influence, proved so inconveniently distant for so many that the
growing population demanded better facilities, and the new county was
formed. The records of Cumberland County show, of course, no account of
this early separation from Clark County, nor, in fact, of the
separation from Coles. Although some movement was early made to
transcribe the records pertaining to the original history of
Cumberland, nothing of this was effected. With the increase of
population and the construction of the great National road, the people
here became dissatisfied with the remoteness of the county seat, and
anxious to build up private interests which early clustered along the
great thoroughfare, the leading men moved for the erection of a new
county. It was generally agreed that Coles County, which included
Douglas and Cumberland as well, was too large and would necessarily be
divided sooner or later, and a contest, mainly supported by various
towns ambitious to serve as the seat of justice, early sprang up over
the method of division. The people of Charleston desired the territory
to be divided into three counties so as to leave that point the central
place in the county, and hence the inevitable county seat of the new
county of Coles. Other localities desired an equal division of the
territory into two counties, and the two propositions were known
respectively as the " crop " and " split" plans. This topic was the
great overshadowing issue in at least three campaigns, the candidates
for the legislature announcing themselves on the stump as favoring the
one plan or the other. Twice were candidates elected to favor the
division of the county, but in each case the opposition mustered so
strong an influence that no division was made. In 1842, Starkweather
announced his position as first for a " split," second for a " crop,"
but in any event for a new county, and on this platform he was elected.
The effort culminated in an act of the legislature, which was approved
March 2, 1843. This act provided: " That, from and after the first day
of May next, all that part of Coles County lying south of a line
beginning at the northwest corner of Section 30, in Township 11 north
of Range 7 east of the third principal meridian line, running thence
east along the several section lines to the western boundary line of
Clark County, shall form a new county to be called Cumberland County.
" Sec. 2. An election shall be held
on the first Monday of April next, at the town of Greenup, and at the
town of Woodbury, at the house of James Grill, at Beni White's, Berry's
Mill, at Ruffner's, at Long Point, for the election of a Sheriff,
Coroner, County Recorder, County Surveyor, Probate Justice of the
Peace, Clerk of the County Commissioners' Court, County Treasurer,
School Commissioner, and three County Commissioners for the said county
of Cumberland, at which said election any number of legal voters not
less than fifteen, who shall be present, may choose from among
themselves a sufficient number of persons to act as judges of said
election, who, after being sworn, as also the clerks, shall proceed to
open and hold said election according to the rules and regulations
prescribed by law for conducting general elections in this State, at
which said election all persons, entitled by law, residing in the
boundaries prescribed for Cumberland County, to vote for members of the
General Assembly, shall be entitled to vote at said election.
" Sec. 3. After
the said election shall be closed, it shall be the duty of the judges
and clerks holding the same to affix to each of the poll-books a
statement of the names of each person voted for and the office he was
intended to fill, and the number of votes such person received, and
certify the same; one of which said poll-books they shall seal up under
an envelope, directed to John Wolf, Judson Holley, and Alexander
Magrew, and it shall be the duty of one ot the said judges or clerks to
deliver the same to the said persons on or before the third day after
the close of the said election; and it shall be the duty of said Wolf,
Holley and Magrew, or any two of them, to meet at the town of Greenup
on the third day after the close of said election, and if the polls of
said election shall be delivered to them, or either of them, to proceed
to open the said election returns, and after comparing the returns of
said election, they shall make out a written statement thereof, and
shall transmit a copy thereof, certified by them, to the Secretary of
State, and it shall be the duty of the Secretary of State to make out
commissions to such of the persons as shall appear to be elected, who
are entitled by law to be commissioned by the Governor, and transmit
the same to the persons so commissioned; provided, however, that
contested elections for any of the above named officers shall be
determined according to the principles contained in the laws of this
State concerning contested elections.
" Sec. 4. The seat of justice for
Cumberland County shall, for the present, be at the town of Greenup,
and shall, hereafter, be permanently located in the following manner,
to-wit: At the general election, to be held on the first Monday in
August next, a poll-book shall be opened for the different points to be
run for the county seat; provided, however, that no place shall be
voted for unless its proprietors or friends shall, at least twenty days
previous to said election, execute a -bond with sufficient security,
designating the quantity of land patented by General Government and
free from legal encumbrances, setting forth the metes and bounds of
said land, or the number and location of town lots, or the amount of
money, work, or labor, or materials to be used in erecting the county
buildings which the proprietors or friends of any point may propose to
give, which said bond shall be subject to the approval of the County
Commissioners' Court, and be filed in their office; and at said
election a column shall be opened for each point whose friends shall
have executed bond as aforesaid, and all persons qualified at the time
for holding said election to vote for a member of the General Assembly
shall be entitled to vote for the location of said seat of justice, and
the point, if any, receiving the majority of the legal votes cast at
said election, shall be the permanent seat of justice for said
Cumberland County. When the votes of said election are compared by the
proper officers, if it shall appear that neither one of the points
voted for shall have received a majority of the whole votes cast, then
it shall be the duty of the County Commissioners' Court to appoint a
day within three months thereafter for holding another election, and
shall publish written notices thereof in at least six of the most
public places in the county, for one month, and a column shall be
opened at each election precinct, for the two points having received
the highest number of votes at the preceding election, and the point
receiving the highest number of votes at said second election shall be
the permanent seat of justice; and if changed from the town of Greenup
the offices shall be removed to said new seat of justice so soon as
public buildings can be prepared therefor. If any
shall desire to contest the election in regard to the seat of
justice, they shall, within thirty days, thereafter, give notice that
they will proceed before a Justice of the Peace of the county to take
depositions that certain persons (naming them) who voted at said
election were not qualified voters, or that fraud or unfairness
(stating in what such fraud or unfairness consisted) was practiced in
said election; at which time and place all the testimony on both sides
shall be written down, and the matter in controversy shall be decided
by the County Commissioners' Court, subject to an appeal to the Circuit
Court at any time within twenty days after the decision of the County
Commissioners' Court; provided, that the notice in regard to the
contested election as to the seat of justice shall be posted up in six
of the most public places in the county. It shall be
the duty of the Commissioners' Court of Cumberland County to cause
public buildings to be erected at the permanent seat of justice when
located in the manner provided in this act, and for that purpose they
are hereby authorized to lay off any land that may be donated to, or
acquired for the county, into town lots, and may sell and convey all or
any part of such land or town lots, so donated or acquired, and
appropriate any money, work or labor, or materials owned by or due to
said county in the construction of county buildings as aforesaid.
" Sec. 5. All Justices of the Peace
and Constables residing in Coles County, and in office on the first
Monday of May next, shall continue in office and exercise all the
duties required of them by law in Cumberland Gounty until their
successors shall be elected and qualified according to law, and shall
be liable to the same penalties for omission of duty as if no change or
division of Coles County had taken place under this act, and be
entitled to the same emoluments for their services.
" Sec. 6. That at the next biennial
election for Representatives to the General Assembly, and until another
apportionment of Representatives shall be made, the County of
Cumberland shall be entitled to elect one Representative separate from
Coles County, and Coles County shall separately be entitled to elect
two Representatives, and no more, and, until a new apportionment of
Senators shall be made, the county of Cumberland shall vote with the
counties of Coles and Clark for the election of a Senator, and the
Clerk of the County Commissioners' Court of Cumberland shall attend at
the Clerk's office of Coles County to compare polls, at the same time
now provided by law for the Clerk of the County Commissioners' Court of
Clark County to attend, and compare the votes for Senator, and to join
in making a certificate thereof to the person elected.
"Sec. 7. At the election to be held
on the first Monday in August next, for county officers for Cumberland
County, the person receiving the highest vote for County Commissioner
shall be entitled to hold his office three years; the person having the
next highest, two years; and the next highest, one year, according to
the provisions of the law concerning the election of County
Commissioners.
" Sec. 8. The county of Cumberland
when organized according to the provisions of this act, shall be deemed
and considered, from and after the first day of May next, one of the
counties of this State, and entitled to all the rights and powers
generally conferred upon and allowed by the constitution and laws to
other counties in this State, and to the officers thereof.
" Sec. 9. It shall be the duty of the
Auditor of Public Accounts to make out and transmit to the County
Commissioners' Court of Cumberland County, on or before the first day
of June next, a list of all lands within the boundaries of Cumberland
County subject to taxation, for State and county purposes, and annually
thereafter, as required by law; and the County Commissioners' Court of
said county shall direct the assessment and collection of taxes in said
county for the year one thousand eight hundred and forty three,
according to the provisions of the revenue laws of this State, and
direct the collection and appropriation thereof, as required by law in
other counties.
" Sec. 10- All taxes assessed and
uncollected in Coles County for the year one thousand eight hundred and
forty two, and previous thereto, of persons residing in Cumberland
County, after the first of May next, and all judgments, executions and
fees due to officers in Coles County, against any person or persons
residing in Cumberland County, may be collected and accounted for in
the same manner as if no division of the county had taken place by
virtue of this act.
"Sec. 11. It shall be the duty of the
County Commissioners' Court of Cumberland County, after the
organization thereof, according to the provisions of this act, to
certify the same to the judge or justice required to hold Circuit
Courts in Coles County, and it shall be the duty of the said judge or
justice to fix the time of holding Circuit Courts in Cumberland County,
until otherwise provided by law, and it shall be his duty to hold the
said courts accordingly.
" Sec. 12. It shall be the duty of
the County Commissioners' Court of Coles County to ascertain from the
State census taken in the year one thousand eight hundred and forty, as
near as they can, the amount of school, college and seminary funds
which the inhabitants residing within the limits of Cumberland County
were entitled to receive as a part of Coles County, for the year one
thousand eight hundred and forty two, and how much, if any, is due and
unpaid to the township treasurers or to teachers, and also what would
be the proportionable part of the school, seminary and college funds
for the year eighteen hundred and forty three, and certify the same to
the County Commissioners' Court of Cumberland County, and direct the
School Commissioner of Coles County to pay the same over to the School
Commissioner of Cumberland County, and also to deliver over all notes,
money, bonds, mortgages and papers, properly appertaining to school
lands in the boundaries of Cumberland County, and it shall be the duty
of the School Commissioner of Cumberland County to receive, keep,
collect, pay out, and account for the same according to law.
" Sec. 13. That Cumberland County is
hereby attached to and shall form part of the same congressional
district in which Coles may be placed."
Under the provisions of this act an
election was held on the first Monday in April, 1843, which resulted in
the choice of Thomas Sconce, for Sheriff; Hiram Buell, for Coroner;
Judson F. Holly, for County Clerk; E. H Starkweather, for Probate
Justice of the Peace; Otis Perry, for County Recorder; Abram Trease,
for Treasurer; Daniel C. Decius, for School Commissioner; and James
Gill, Charles P. Chowning and David T. Wisner.