An Act to erect a new county out of the counties of Gallatin and Johnson, 1816


Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Illinois Territory, and it is hereby enacted by the authority of the same, That all that tract of country situate and lying within the following bounds, to-wit : Beginning on the Ohio river where the meridian line leaves it that divide ranges number three and four, east of the third principal meridian ; thence north to the township line, dividing township ten and eleven south ; thence east eighteen miles ; thence to that point on the Ohio where the line dividing range eight and nine leaves it ; thence down the same to the beginning, shall constitute a separate county, to be called and known by the name of Pope : and for the purpose of fixing the permanent seat of justice for the said county, the following persons shall be and hereby are appointed commissioners, viz : Samuel Omelvany, Benom Lee, John Reed, James N. Fox and James Titsworth, which said commissioners or a majority of them being first duly sworn before, some judge or justice of the peace in this territory, to faithfully take into view the situation of the settlements, the geography of the countty, the convenience of the people, and the eligibility of the place, shall meet on the first Monday in April next, at the house of Thomas Ferguson, on the Ohio river, and proceed to examine and determine on the place for the permanent seat of justice and designate the same : Provided, the proprietor or proprietors of the land shall give to the said county for the purpose of erecting public buildings, a quantity of land at the said place, not less than twenty acres, to be laid off in lots and sold for the above purpose. But should said proprietor or proprietors refuse or neglect to make the donation aforesaid, then and in that case, it shall be the duty of the commissioners to fix upon some other place for the seat of justice as convenient as may be to the different settlements in said county ; which place so fixed and determined on, the said commissioners shall certify under their hands and seals, and return the same to the next county court in the county aforesaid ; and as a compensation for their services they shall each be allowed two dollars for every clay they may be necessarily employed in fixing the aforesaid seat of justice, to be paid out of the county levy, which said court shall cause an entry thereof to be made on their records ; and until the public buildings shall be fixed, the court shall be holden at the house of Thomas Ferguson, on the Ohio river.

Sec. 2. Be it further enacted. That it shall any may be lawful for the governor of this territory immediately to constitute the militia within the county thus laid off into one regiment ; the commanding officer shall have the same power to order out the militia as is now possessed by the lieutenant colonels of the respective regiments.

Sec. 3. Be it further enacted, That the said county of Pope is hereby allowed one representative in the house of representatives of this territory, who shall be elected agreeably to law, and be entitled to all the immunities, powers and privileges prescribed by law to the members of the house of representatives.

Sec. 4. Be it further enacted, That the counties of Johnson and Pope shall compose one district for the purpose of electing a member to the legislative council, and the citizens of said county entitled to vote, may at any election for a member of the legislative council to represent said district, proceed to vote for such member; and it shall moreover be the duty of the sheriff of the said county of Pope, within ten days after the close of said election, to attend at the court house of the county of Johnson with a statement of the votes, and the sheriff of Johnson county shall attend at the same time and place with the votes of his county to compare the polls of the respective counties, and to join with the sheriff of Pope in making out and delivering to the person duly elected, a certificate thereof ; and for a failure thereof they shall forfeit and pay the sum of one hundred dollars each, to the use of the territory, to be recovered by motion of the prosecuting attorney before any court having competent jurisdiction thereof.

Sec. 5. Be it further enacted, That the citizens of the said county of Pope, are hereby entitled in all respects, to the same rights and privileges in the election of a delegate to congress, as well as for a member of the house of representatives of the territory that are allowed by law to other counties of this territory, and all elections are to be conducted at the same times and in the same manner as are prescribed by law for other counties. And whereas the county of Gallatin at present is allowed to two members in the house of representatives, in future, it shall only be entitled to one. This act to take effect from and after the first day of April next.

Risdom Moore,
Speaker of the House of Representatives.

Pirre Menard,
President of the Council.

Approved, January 10, 1816.
Ninian Edwards.


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