Establishing Macon County: Chapter 45 (Sections 5-10)

While the previous sections (1-4) established how the county would be formed, its boundaries, and how it would be governed, sections 5-10 take on a whole new course of action. Sections 5-10 give authority to the appointed commissioners to choose two suitable sites for the county seat and to form it there. These sections further lay out the authorities granted to the commissioners as they establish a county seat.

SECTION 5. That Button Holland, Wm. Dunn, Samuel Sullivan, Eason Howell and Jefferson Short, be and they are hereby appointed commissioners, a majority of whom shall have authority to act---who shall, on the last Saturday of March, 1842, first giving five days' notice at four of the most public places in said county of Macon, open and hold an election for the purpose of fixing upon a suitable site for the county seat of said county, and all those residing within the bounds of said county, who are entitled to vote for members of the General Assembly, shall be entitled to vote in selecting the site, and said election shall be held at seven several places, to be designated in said county for the convenience of voters, by said commissioners, in the notice of the election herein required to be given; and it shall be the duty of the commissioners to select and put in nomination, to be voted for, two of the most eligible sites within three miles of the centre of said county, in their estimation, for such county seat in said county; and the place receiving a majority of all the votes taken, shall be and the same is hereby established the county seat of said county of Macon; and said commissioners are hereby authorized to appoint suitable persons, and to administer to them the proper oaths, as officers and judges, to open and hold the elections at the several places that may be appointed to vote, and to make return of the polls to the house of Wm. Dunn, in said county, where they shall be compared on the Monday next succeeding the day of election.

Section 5 states that five appointed commissioners were tasked with organizing an election to select Macon County’s permanent county seat. They had to give public notice, set up seven voting locations, and choose two possible sites near the county’s center for voters to pick from. All eligible voters in the county could participate. The commissioners were responsible for running the election, appointing officials, and counting the votes at William Dunn’s house the following Monday. The site receiving the majority of votes would officially become the county seat. The two sites chosen were on the lands of John B. Johnson and the lands of William Bratton. The lands of Johnson would include roughly 20 acres to the east of Mr. Dunn's home, where the county court was held, and the second being approximately 20 acres to just north of Mr. Dunn's. Mr. Johnson's lands are what we now know as the City of Lafayette and our town square. The lands of Mr. Bratton were located near present-day Brattontown area. Imagine how much different our town would be if the square had been located at Brattontown. The election selected the lands of John B. Johnson to be the county seat. The deed, dated May 26, 1842, described the lands as being "on the dividing ridge between the waters of Cumberland and Big Barren River and on the waters of White Oak Creek."

SECTION 6. That said commissioners are hereby authorized to purchase or otherwise procure a sufficient quantity of land upon which to lay off a town, and to erect all necessary public buildings for said county, at the place elected by the qualified voters as aforesaid; and the commissioners shall take themselves, as commissioners of the county of Macon and their successors in office, a deed or deeds of conveyance, with general warranty for the lands by them so purchased, or otherwise obtained.

SECTION 7. That it shall be the duty of the commissioners herein appointed, to cause a Town to be laid off at said county seat into lots, streets and alleys, of such size and width as they may deem necessary and proper, reserving a sufficient quantity of land for a public square and for the public buildings, and when so laid off the Town shall be named by the Commissioners.

SECTION 8. That it shall be the duty of the commissioners of said county of Macon to sell all the lots in said Town, in the county of Macon, upon a credit of twelve months, after first giving thirty day's notice of the time and terms of said sale, in one or more of the nearest newspapers, and the commissioners shall take bonds with sufficient security from the purchasers of said lots, payable to themselves as commissioners and their successors in office, and they are hereby authorized and empowered to make to the purchasers of said lots titles in fee simple for the same.

Sections 6–8 explain what the commissioners must do after the county seat is chosen. First, they are authorized to obtain enough land at the selected site to establish a town and build all necessary public buildings, ensuring the land is properly deeded to the commissioners and their successors. Next, they must lay out the new town by creating lots, streets, and alleys, reserving space for a public square and government buildings, and they are responsible for naming the town. Finally, the commissioners must sell the town lots on a twelve-month credit after giving thirty days’ public notice, take secure bonds from buyers, and issue full ownership titles to those who purchase the lots. The town was originally to be named Johnsonville, but utlimately the name Lafayette was decided on.

SECTION 9. The proceeds of the sales of the lots aforesaid shall be a fund in the hands of said commissioners, to defray the expenses incurred in the purchase of the lands upon which said Town may be located, and also the expenses of erecting the public building of said county.

SECTION 10. That said commissioners shall superintend the erection of the court house and jail and other necessary public buildings as shall be ordered by the county court of said county of Macon, a majority of said Justices being present, and upon such terms and conditions, as said court shall direct, and the commissioners aforesaid shall take bond with sufficient security from the contractor or contractors, in such penalties as said court shall prescribed payable to themselves as commissioners of the county of Macon as aforesaid and their successors in office, conditioned for the faithful performance of such contract or contracts as the case may be.

This is where we will stop in this exploration of Sections 5-10 of Chapter 45 of the Private Acts of 1841-42. They describe how the commissioners oversaw the creation of Macon County’s county seat. They held an election to choose the location, secured and deeded the land, laid out and named the new town, and sold the town lots to raise money. They then used those funds to build the courthouse, jail, and other public buildings, supervising all construction as directed by the county court.

Written by: Caleb Fleming, Macon County History Preservation Project

Sections 9 and 10 describe how the town’s development and public buildings will be funded and managed. Section 9 states that the money raised from selling the town lots will be used by the commissioners to pay for the land purchased for the new town and for constructing the county’s public buildings. Section 10 explains that the commissioners must oversee the construction of the courthouse, jail, and any other buildings the county court orders. They must follow the terms set by the county court and require contractors to provide bonds with proper security to guarantee the faithful completion of the work.