3

Journal of the House of Representatives.

Pursuant to the Proclamation of the Governor, the first session of the twelfth General Assembly of the State of Illinois, commenced at Spring-field, on Monday, the twenty-third day of November, A. D., one thousand eight hundred and forty,

When Mr. Ewing called the House to order, and on his motion, Mr. Murphy of Perry was appointed Speaker, pro tem.

On motion, J. Calhoun was appointed Clerk, pro tem., Newton Cloud, Assistant Clerk, pro tem., and Wm. C. Murphy, Door-keeper, pro tem.

Whereupon, the following members appeared, wore qualified, and took; their seats, viz:

From the county of Alexander — WILSON ABLE.
From the county of Union — JOHN DOUGHERTY.
From the county of Johnson — JOHN OLIVER.
From the county of Gallatin — DANIEL WOOD , and DAVID J. BLACKMAN.
From the county of Hamilton — MILTON CARPENTER.
From the county of Jefferson — STEPHEN G. HICKS.
From the counties of Franklin and Williamson — DEMPSEY OPAM , and ACHILLES D. DOLLIXS.
From the county of Jackson — JOHN LUGAN.
From the county of Perry — RICHARD G. MURPHY.
From the county of White — EDWIN B. WEBB, and ALEXANDER PHILLIPS.
From the county of Edwards — ALLAN EMMERSON.
From the county of Wayne — DANIEL TURNEY.
From the county of Wabash — JAMES BEALL.
From the counties of Crawford and Jasper — WILLIAM WILSON.
From the county of Edgar — JOHN M. KELLY, and LEANDER MUNSELL.
From the county of Vermilion — JOHN J. BROWN, ISAAC FROMAN , and JOHN CANADY.
From the county of Champaign — MATTHEW W. Bussy.
From the county of Madison — JAMES REYNOLDS.
From the county of St. Clair — LYMAN TRPMBULL, DANIEL BALDWIN, and DANIEL T. MOORE.

4

From the county of Randolph — JOHN P. McGINNIS, and JAMES McCLURKEN,
From the county of Marion — JAMES MARSHALL.
From the county of Bond — RICHARD BENTLEY.
From the county of Montgomery — WICKLIFFE KITCHELL.
From the counties of Fayette and Effingham — WM. LEE D. EWING.
From the county of Shelby — OWEN PRENTICE.
From the counties of Greene and Jersey — REVILL W. ENGLISH, ALFRED W. CAVARLY, and DAVID M. WOODSON.
From the counties of Greene, Jersey, and Calhoun — JOHN MCDONALD.
From the county of Morgan — JOHN J. HARDIN, JAMES PARKIKSON, JERE-MIA II Cox, and DANIEL, TROY.
From the county of Scott — JOSEPH W. ORMSBEE.
From the county of Cass — AMOS S. WEST.
From the county of Sangamon — ABRAM LINCOLN, JAMES M. BRADFORD, JOHN DARNIELLE, and JOSIAH FRANCIS.
From the county of Menard — JOHN BENNETT.
From the counties of Logan and Christian — MARTIN WHITE.
From the county of Tazewell — PIERRE MINARD and ALDEN HULL.
From the county of McLean — ASAHEL GRIDLEY.
From the counties of Macon and De Wit:. — ROBERT F. BARNETT.
From the county of Adams — WILLIAM LAUGHLIN and JOHN G. HUMPHREY.
From the county of Pike — ALPHEUS WHEELER and SOLOMON PARSONS,
From the county of Schuyler — WM. A. MINSHALL.
From the county of Brown — HARVEY LESTER.
From the county of Fulton — LEWIS W. Ross and OLIVER SHEPLEY.
From the county of McDonough — WILLIAM W. BAILEY.
From the county of Hancock — JOHN F. CHARLES.
From the counties of Warren, Knox, and Henry — JOHN DENNY.
From the counties of Cook, Will, and McHenry — AIBERT G. LEAKY, EBENEZER. PECK, and RICHARD MURPHY.
From the county of LaSalle — ABRAM R. DODGE.
From the county of Iroquois — ISAAC COURTRIGHT.
From the counties of Putnam, Bureau, Stark, and Marshall — WILLIAM H. HENDERSON.
From the county of Peoria-WM. J. PHELPS.
From the district of Jo Daviess,Rock Island, and other counties — HIRAM W. THORNTON.

When, On motion of Mr. Webb,

The House adjourned till 10 o'clock tomorrow morning.

Tuesday, November 24, 1840.

House met pursuant to adjournment. The following members appeared, were qualified, and took their seats:

From the county of Washington — JOHN CRAIN.
From the county of Lawrence — JAMES MCLEAN and SAMUEL DUNLAP

5

From the county of Coles — JAS. T. CUNNGHAM and THOS. THRELKELD.
From the county of Sangamon — JAMES N. BROWN.
From the county of Madison — CYRUS EDWARDS and JOSEPH GILLESPIE.
From the county of Clinton — JOHN SCOTT.

On motion of Mr. English,

The House proceeded to the election of Speaker, and upon the vote being taken, Wm. Lee D. Ewing had forty-six votes, and Abram Lincoln had thirty-six votes.

Those voting for Mr. Ewing, were,

Messrs. Able, Baldwin, Barnett, Bentley, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Haukins, Hicks, Humphreys, Kelly, Kitchell, Laughlin, Leary, Lester, Lincoln, Logan, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Pemy, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, and Wood — 46.

Those voting for Mr. Lincoln, were,

Messrs. Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningliam, Darnielle, Denny, Edwards, Emmerson, Ewing, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips,Reynolds, Thornton,Threlkeld, Troy, Webb, WeSt. and Woodson — 36.

Mr. Ewing having received a majority of all the votes was declared duly elected, and conducted to the Chair.

On motion of Mr. Wheeler,

The House proceeded to the election of Clerk of the House, and on the vote being taken, it appeared that John Calhoun had seventy votes, Mr. McCoy had five votes, Mr. Cloud had seven votes, and Mr. Johnson had one vote.

Those voting for Mr. Calhoun, were,

Messrs. Able, Bailey, Baldwin, Barnett, Beall, Bentley, Blackman, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Carpenter, Cavarly, Charles, Courtright, Crain, Cunningham, Darnielle, Denny, Dodge, Dollins, Dougherty, Dunlap, Edwards, Emmerson, Eng-lish, Froman, Hankins, Henderson, Hicks, Hull, Humphreys, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, McLean, Marshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Oliver, Ormsbee, Parsons, Peck, Phelps, Phillips, Prentice, Reynolds, Ross, Scott, Shepley, Thornton, Threlkeld,Trumbull,Turney, Wheeler, White, Wilson, Woodson, Wood, and Mr. Speaker — 70.

Those who voted for Mr. McCoy, were,

Messrs. Bennett, Lincoln, Minshall, Parkinson, and Webb — 5.

Those who voted for Mr. Cloud, were,

Messrs. Cox, Francis, Gillespie, Hardin, Mcnard, Troy, and West — 7. Mr. Gridley voted for Mr. Johnson.

Mr. Calhoun having received a majority of all the Votes, was declared duly elected Clerk of the House.

A message from the Senate, by Mr. Berry, their Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have adopted the following resolution, viz:

6

Resolved, That the Secretary of the Senate inform the House of Representatives, that they have met and organized, by electing Merritt L, Covell, Secretary, Downing Baugh, Engrossing and Enrolling Clerk, and Andrew Jackson Witt, Sergeant-at-Arms; and are now ready to proceed to Legislative business.

The House then proceeded to the election of Assistant Clerk; when the vote being taken, Mr. George Davis received forty-six votes, and Mr. McNeill received thirty-six votes.

Those voting for Mr. Davis, were,

Messrs, Able, Baldwin, Barnett, Bentley, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Hankins, Hicks, Humphey, Kelly, Kitchell, Laughlin, Leary, Lester, Lo, gan, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 16.

Those who voted for Mr. McNeill, were,

Messrs. Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Ed. wards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips. Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. and Woodson — 36.

Mr. Davis having received a majority of all the votes, was declared duly elected Assistant Clerk of the House.

On motion, the House then proceeded to the election of Enrolling and Engrossing Clerk; and on the vote being taken, Mr. Robert Smith received forty-nine votes, and Mr. Latham received thirty-two votes.

Those who voted for Mr. Smith, were,

Messrs. Able, Baldwin, Barnett, Beall, Bentley, Blackman, Bussy, Car penter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, Edwards, English, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, Marshall;, Moore, Murphy of Cook, Murphy of Perry, Oliver, Ormsbee, Parson, Peck, Prentice Reynolds, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 49.

Those voting for Mr. Latham, were,

Messrs. Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Emmerson, Fran cis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, Mc Lean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Thornton Threlkeld, Troy, Webb, WeSt. and Woodson — 32.

Mr. Smith having received a majority of all the votes, was declared duly elected Enrolling and Engrossing Clerk of the House.

On motion, the House then proceeded to the election of Door keeper and the vote being taken, William C. Murphy had fifty-five votes, Moses Coffman had nineteen votes, Mr. Blevens had six, and Mr. Turner two votes.

Those who voted for Mr. Murphy, were,

Messrs. Able, Bailey, Baldwin, Barnett, Bentley, Blackman, Bussy Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dun-lap, English, Hankins, Henderson, Hicks, Hull, Humphrey, Kelly

7

Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, McLean, Marshall, Menard, Moore, Munsell, Murphy of Cook, Murphy of Perry, Oliver, Ormsbee, Parsons, Peck, Phelps, Phillips, Prentice, Ross, Scott, Shepley, Threlkeld, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 55.

Those who voted for Mr. Coffman, were,

Messrs. Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Emmerson, Francis, Froman, Gridley, Lincoln, Minshall, Thornton, Troy, Webb, and West — 19.

Messrs. Beall, Denny, Edwards, Gillespie, Parkinson and Reynolds voted for Mr. Blevens.

Messrs. Hardin and Woodson voted for Mr. Turner.

Mr. Murphy having received a majority of all the votes, was declared duly elected Door-keeper of the House.

On motion, the House then proceeded to the election of Assistant Door-keeper, and the vote being taken, Mr. Roberts received forty-eight votes, and Mr. Evans thirty-four votes.

Those who voted for Mr. Roberts, were,

Messrs. Able, Bailey, Baldwin, Barnett, Beall, Bentley, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, Marshall, Menard, Moore, Murphy of Cook, Murphy of Perry, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shipley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 48.

Those voting for Mr. Evans, were,

Messrs. Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Kelly, Lincoln, McLean, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. and Woodson — 34.

Mr. Roberts having received a majority of all the votes, was declared duly elected Assistant Door-keeper of the House.

Mr. Peck presented the petition of N. H. Purple, claiming a seat in the House as a Representative from the county of Peoria, now held by W. J. Phelps.

Which, on motion of Mr. Minshall, was laid on the table.

On motion of Mr. Lincoln,

Resolved, That the Clerk of this House inform the Senate that they have met, elected Wm. Lee D. Ewing their Speaker, John Calhoun their principal Clerk, George Davis their Assistant Clerk, Robert Smith their Engrossing and Enrolling Clerk, Wm. C. Murphy principal Door keeper, and Benjamin Roberts Assistant Door-keeper, and are now ready to proceed to Legislative business.

On motion of Mr. Logan,

Resolved, That the Senate be respectfully requested to exchange places of convening with this House for a short time, on account of the impossibility of the House discharging its business in so small a place as the Methodist Church.

On motion of Mr. Webb,

The rules of the last House of Representatives were adopted for the government of the present House, until altered or amended.

8

On motion of Mr. English,

Resolved, That a committee of three on the part of the House, and two on the part of the Senate be appointed to wait on the Governor, and inform him that the two branches of the Legislature are organized, and ready to receive any communications he may be pleased to send them, and Messrs. English, Able, and Humphrey were appointed the committee on, the part of the House; when,

On motion,

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

The Speaker laid before the House certain depositions in the case of the contested seat from Peoria county.

Which, without reading, were on motion, laid on the table.

On motion of Mr. Peck,

The petition and depositions in the case of the contested seat from Peoria county were taken up for consideration, and on his further motion, were referred to a select committee of nine.

Ordered, That Messrs. Peck, Henderson, Dodge, Cavarly, Menard, Gridley, Ross, Hardin, and McDonald, be said committee.

On motion of Mr. Murphy of Perry,

Resolved, That all publishers of newspapers in this State, or reporters for them, be admitted within the bar of this House, to such seats as may be assigned them by the Speaker to report the proceedings thereof.

On motion of Mr. Murphy of Cook,

Resolved by the House of Representatives, That a select committee be appointed to prepare and report rules for the government of this House during the present session of the General Assembly.

Ordered, That Messrs. Murphy of Cook, Turney, Able, Lincoln, Hardin, Webb, and Logan, be that committee.

When the House adjourned till tomorrow morning at 10 o'clock.

Wednesday, November 25, 1840.

House met pursuant to adjournment.

The following members appeared, were qualified and took their seats.

From the county of Monroe — WM. H. BISSELL.

From the Jo Daviess District — THOMAS DRUMMOND.

Mr. Turney offered for adoption the following resolution:

Resolved, That the Committee on the Judiciary enquire into the expediency of so amending the execution laws as to prevent the sale of property levied on, unless it will bring three-fourths of its value, and that they report by bill or otherwise; which was not agreed to.

A message from the Senate, by Mr. Berry, their Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have concurred with them in the passage of a resolution

9

to appoint a committee of three on the part of the House, and two on the part of the Senate to wait on the Governor, and inform him that they have organized and ready to receive any communication he may be pleased to send them, and have appointed Messrs. Ralston and Moore the committee on their part.

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment;

Isaac Funk, a member from the county of McLean appeared, was qualified and took his scat.

Mr. Dougherty offered for adoption the following resolution:

Resolved, That the House now proceed to the election of a suitable person to copy the Journals of this House.

Mr. Peck moved to lay the resolution on the table; which was not agreed to, and the resolution was then adopted; and the vote being taken, Newton Cloud received sixty-six votes for copyist of Journal of the House;

Mr. Bourland received nine votes; Mr. McNeill received ten votes, and Mr. Alien received one vote.

Those who voted for Mr. Cloud, were,

Messrs. Able, Bailey, Baldwin, Beall, Bentley, Bissell, Blackman, Brown of Vermilion, Bussy, Canady, Cavarly, Cox, Crain, Cunningham, Denny, Dodge, Dollins, Dougherty, Dunlap, Edwards, Emmerson, English, Froman, Gillespie, Hardin, Henderson, Hicks, Hull, Humphrey, Kelly, Laughlin, Leary, Lester, Lincoln, Logan, McClernand, McClurken, McDonald, McGinnis, McLean, Menard, Minshall, Moore, Munsell, Mur-phy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parkinson, Par-sons, Peck, Phelps, Phillips, Reynolds, Ross, Shepley, Threlkeld, Troy, Trumbull, Turney, WeSt. Wheeler, White, Wilson and Woodson — 66.

Those voting for Mr. Bourland, were,

Messrs. Barnett, Carpenter, Hankins, Kitchell, Marshall, Prentice, Scott, Wood, and Mr. Speaker — 9.

Those voting for Mr. McNeill, were,

Messrs. Bennett, Bradford, Brown of Sangamon, Charles, Darnielle, Drummond, Francis, Funk, Gridley, and Thornton — 10.

Mr. Courtright voted for Mr. Allen.

Mr. Cloud having received a majority of all the votes given, was declared duly elected Copyist of the Journals.

Mr. English, from the joint select committee, appointed to wait on his Excellency, the Governor, reported as follows, to wit:

"The joint select committee appointed to wait on his Excellency, the Governor, have performed that duty, and have received for answer, that he will lay before the House of Representatives, on to-morrow morning at ten o'clock, a written communication."

Mr. Peck from the select committee to which was referred the petition and accompanying documents connected with the contested election for Peoria county, reported the following resolution for adoption, to wit:

Resolved, That the select committee to whom was referred the petition and accompanying documents connected with the contested election for

10

the county of Peoria, have power to send for persons and papers, and that a subpoena, duces Tecum be forth with issued to William Mitchell, clerk of the county commissioners' court for the said county of Peoria, directing him to bring with him the respective poll books in his custody, containing the votes given in August laSt. for Representative to the present General Assembly; which was agreed to.

A message from the Senate by Mr. Berry their Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted the following resolution, viz:

Resolved by the Senate, the House of Representatives concurring therein, That a joint select committee of two on the part of the Senate, and three on the part of the House of Representatives be appointed to draft and report joint rules for the government of the two Houses.

In the passage of which they ask the concurrence of the House.

The above message was concurred in, and Messrs. English, Carpenter, and Lincoln appointed on behalf of \he House of Representatives.

On motion of Mr. Edwards,

Resolved, That a committee of five be appointed to consider and report on the expediency of a distribution among the several States, in a representative ratio, of the proceeds arising from the sales of the public lands with reference to the effect of such distribution policy upon the future prospects and permanent welfare of the State of Illinois.

Ordered, That Messrs. Edwards, Drummond, Brown ,of Vermilion, Trumbull, and Leary be said committee.

The House adjourned till tomorrow morning at 10 o'clock.

Thursday, November 26, 1840.

The House met pursuant to adjournment.

Mr. PETER GREEN, a Representative from Clay county, appeared, was qualified, and took his seat.

The Speaker laid before the House the following communication from the Attorney General:

To the Honorable Speaker of the House of Representatives of the General Assembly of the State of Illinois, at their twelfth general session begun and held at the city of Springfield, in the year of our Lord one thousand eight hundred and forty:

The undersigned respectfully represents that by the provisions of an act of the General Assembly of the State of Illinois, approved February 20,1819 it is made the duty of the Attorney General of the State, (and of other officers therein named) "to make a report of all apparent defects, inconsistencies, omissions, unequal or oppressive law, which each shall have discovered, to the Speaker of the House of Representatives, at the commencement of each and every session of the General Assembly."

In obedience to the direction of that act, the undersigned has the honor to submit to the General Assembly, through their Speaker, the following brief remarks, which he deems are required of him in his official station The suggestions herein, are with great diffidence on the part of the undersigned, offered for the consideration of your honorable body, and he

11

asks that they may be received in a spirit of indulgence and kindness, as he assures you they are frankly and honestly given. The undersigned will confine his remarks in the first place to the criminal code of the State, in which his duties have been most particularly called, during his short service in office.

First. By the 4th and 5th divisions of our criminal code the crimes of treason and murder are punished with death; also, by the 6th and 9th divisions, death, resulting from the crimes of arson and perjury, are punishable with death. It is with great diffidence, indeed, that the under-signed ventures an opinion against the continuance of this ancient and habitual manner of punishment. While life remains the most wicked may repent, the most abandoned may be brought to a sense of moral duty to God and his fellow man; his brutal and malignant passions may be brought under subjection to reason, and his physical powers be made productive of benefit to community by a life of confinement at hard labor. Life being given by God alone, it is believed that it ought not to be taken away by man, unless the safety of society most absolutely demands the sacrifice. While life remains there is yet a hope of reformation, and it is thought that in all cases, the criminal may be so secured by continual confinement in a penitentiary, that society may be protected from his future aggressions — his labor made beneficial to community, and a hope still left that he himself, by a life of penance and repentance of his crimes may yet make a partial atonement to the justice of heaven, and obtain final pardon of him, who bath said "I have no pleasure in the death of him that death," The undersigned would therefore respectfully suggest the propriety of so amending those provisions that solitary confinement to hard labor for life, be substituted for the now required punishment of death.

Second. By the provisions of the 29th section, it is declared that the crime of manslaughter shall be punished by confinement in the penitentiary for a term not more than three years, and a fine of not more than one thousand dollars; the time of confinement may be as short as one hour, and the fine as low as one dollar. Manslaughter is so nearly allied to murder that it is frequently difficult to discover the line which separates the degrees of guilt. Is the life of a human being of so little esteem in our community that it should not be protected from a sacrifice to the hasty passions, violent and vindictive feelings, or the wanton sport or careless-ness of any one? Can the imagination of any man conceive so low a degree of manslaughter that the perpetrator should not meet a greater punishment than he who steals goods of the value of five dollars, or he who knowingly passes a counterfeit note for a single dollar on an insolvent bank. The propriety of so amending that section as that the offender may be confined in the penitentiary for a term not less than five, nor more than twenty years, is recommended.

Third. The 47th section defines the crime of mayhem, and prescribes its punishment for the most aggravated case of mayhem; the punishment cannot exceed three years confinement in the penitentiary, and may be as short as one. The perpetrator of the crime of mayhem, is always actuated by a malicious and malignant heart, and most assuredly he who shall cut out the tongue, or put out the eyes of another, merits greater punishment than he who shall burn a canoe or pass a counterfeit dollar. The burning a water craft of any description subjects the offender to punishment by ten

12

years confinement in the penitentiary, and any person who shall knowingly pass a piece of counterfeit coin, which may only be of the value of five cents, is liable to imprisonment and hard labor in the penitentiary for fourteen years. I would recommend the amendment of that section (47) so as to fix the term of punishment for mayhem, by confinement in the penitentiary for any term not less than five, nor more than twenty-five years.

Fourth. The 58th section defines the crime of arson, and the punishment for his commission. This is one of the most dangerous crimes to which a civilized and industrious community is liable. This crime is always committed by an incendiary, and generally at a dark hour of the night, when the victim of his malice is sleeping in apparent security. He who intentionally sets on fire the property of another is actuated by an abandoned and malignant heart, with an intent to commit larceny, murder, or to gratify feelings of revenge.

The difficulty of guarding against such an enemy, the safety and repose of society, the protection of both life and property, most imperiously requires that the reckless, revengeful, and malignant being who shall commit the offence of arson, shall be confined for a length of time sufficient to protect society against his further violence. The propriety of so amending that section, (58) as that the punishment for that offence shall not be less than five years, and may extend to thirty years, is strongly re-commended.

Fifth. By the provisions of sections 61, 62, and 65 of the criminal code, it is prescribed that no sentence of confinement for the commission of crimes therein named, shall be for a term less than one, nor more than ten years, and in no case to be imprisoned in the penitentiary, if the properly taken shall not be of the value of five dollars. I would suggest the propriety of so amending those sections that the terms of confinement should in no case be less than three, nor more than twenty years, and that the limits to the value of the property taken be repealed. It is believed that no good has, or will result to the public, or individuals, by a few days confinement in the penitentiary. The term of one year is found by experience to be too short a period to correct the offender or protect the public. The disposition of the criminal's mind, the circumstances under which he committed the offence, and the proper means to prevent a repetition of crimes, all ought to be considered in the infliction of punishment. In the State of Illinois, where all the necessaries of life are so abundant and easily acquired, requiring less labor to procure them by honest industry, than by the fraudulent means to obtain, conceal, and retain them, but little can be said in extenuation of such transgressors. If crime has been produced by an unfortunate formation of the moral sense of the mind by an improper and vicious education in youth, the establishment of idle habits, and disregard to moral honesty, a single year's confinement in the penitentiary to hard labor cannot heal a morbid mind, correct a vicious education, substitute industrious for idle habits, or awaken the victim to a proper sense of that moral truth that none can be happy who are not honest. He who steals a single cent would, if opportunity should offer, steal millions, one who would rob another of an egg, would rob him of his whole estate, and any one who would intentionally buy or receive stolen goods of a less value than five dollars would, if he could obtain them, barter for the stolen goods of a whole city

13

in three years confinement in the penitentiary at hard labor, it is thought that those small felons may be corrected, by acquiring a mechanical trade, establishing habits of industry, and awakening the victim to a moral sense of his duty to himself and other members of the community. Twenty years it is thought may in many instances be found a period of time short enough to correct an old and hardened offender, and to protect society against his repeated violence, and disregard to the laws of his country. The confinement of a criminal in the jail of a county as a punishment is found to produce no good result, but on the contrary a public injury, by taxing the county with a great and useless expense. The people suffer more punishment than the culprits by the present mode of confinement in the county jail.

Sixth. The restrictions contained in the 129th section of the Criminal Code, intended to prevent the retailing of spirituous liquors in small quantities is thought to be repealed by the operation of an act entitled "An Act to regulate tavern and grocery license," approved February 29th, 1839. No penalty is found in the last mentioned act; it is merely recommendatory, not mandatory, having no vindicatory provisions whatever. The greatest injury to society from the sale of spirituous liquors results from the small measures by which they are sold by those retail dealers who sell them at a great profit to the unthinking and unfortunate victims of their avarice and cupidity. The first degrees of sin and crime are frequently taken at those licensed or tolerated places of idleness and intoxication. called Groceries, Coffee Houses, Exchanges, and all synonymous terms for places of excess and disorder. There it is that our youths are led astray, and their fathers seduced to their own shame, to the wasting of the most necessary means for the immediate support of them and their families. A father's degradation, a son's disgrace, and the ruin of whole families may be traced back to these haunts of vice.

Can it be thought right to draw public revenue from an immoral source, or to make public profit from the vice, the weakness and misfortune of its member. Can it be thought advisable to license such measures, and thus declare honorable this destructive species of traffic in intoxicating liquors to the destruction of families, and the misery of their members, or rather Will it not be found more proper and expedient to interpose some corrective, some preventative measure to protect the unsuspecting and unguarded members of community against their great enemy, their unnatural propensity for intoxicating drink, and their still greater enemy, the retailer who panders to their destructive appetite for mercenary gain, reckless of the honor, health and happiness here and hereafter of the unfortunate victim of his gain. I would therefore recommend that all persons be prohibited from retailing intoxicating liquors in a less quantity than one quart in any situation, or under any circumstances whatsoever. All whose wants may require spirituous liquors, may still procure them when needed much cheaper than they now do. And the great evil resulting from congregated masses at tippling shops to the disturbance of the public peace, and the ruin of its subjects will, it is thought be to a great degree pre-dated.

Seventh. The 159th section of the Criminal Code, directs "that if any Person being an elector, shall vote more than once at any election" he shall be fined not exceeding one hundred dollars. This act however does

14

not provide for the punishment of an incompetent voter; our peculiar form of government (being truly a representative democracy) can only be sustained by a strict adherence to its fundamental principles. The prescribed suffrage of its constituted members. If one person not authorized by law shall be permitted to vote at our elections, then two or two thousand may, and thus persons of other communities not having any interest in common with us may control our public acts, and thereby destroy the very existence of our democratic government.

If any one knowingly not authorized shall vote, he is not only a tress passer on the political rights of others, but apolitical thief in a social community, and merit greater punishment than any pecuniary transgressor.

The very existence of our liberties, it is believed depends on the just exercise of our rights of suffrage, and the purity of our elections.

The right of suffrage may properly be esteemed as the fountain of life, and the sustenance of the liberties of a free people, and he who shall invade this important right, and corrupt this fountain, deserves the punishment of a felon.

The dark spirits of envy, the minions of aristocracy and dispositions who have the sound of liberty and democracy, it is feared have entered our political Eden, and are now in the midst of us seeking every opportunity, and using every means to destroy the free government of this Union, with this wicked intent, and with the cunning of their origin, these spirits of evil watch with sleepless eye the polls of our election, assuming the various forms that dissimulation may require. In order to prevent so great an evil, and to correct such offenders, I would recommend the amendment of the 39th section above referred to, by prescribing that any person not authorized who shall fraudulently vote or offer to vote at any election, shall be subject to confinement in the penitentiary for any term not exceeding ten years, nor less than five years, and that all judges of elections who shall knowingly admit such fraudulent votes, and all others who shall aid and abet in such fraudulent transactions shall be subject to the same punishment.

The present election laws have made provisions for the correction of all frauds and mistakes in the election of members of the Legislature and county officers. The election of Governor and Lieutenant Governor are under the supervision of the Legislature, and the election of members of Congress subject to the control of that body. But in the election of President and Vice President of the United States, no provisions have yet been made for the correction of the most manifest error, or the grossest fraud in the election of electors for the appointments of those high officers. The undersigned would respectfully submit to the consideration of the Legislature the propriety of prescribing some measure for the correction of mistakes and frauds if any shall hereafter be committed in the election of electors for President and Vice President of the United States.

Eighth. By the provisions of the 148th section of the Criminal Code, it is declared that any person or persons who shall willfully or intentionally or negligently and carelessly set on fire, or cause to be set on fire any woods, prairies or other grounds whatsoever in the inhabited parts of this State shall be punished, &c. I would recommend an amendment to that section, providing that if any person shall maliciously or wantonly set on fire any woods or prairies not in his enclosure, it shall subject such person

15

to confinement in the penitentiary, for a term not exceeding five years at the discretion of the jury, and a fine of not less than twenty-five dollars. All the violations of property by the other crimes and misdemeanors set forth in our criminal code, it is thought have been less injurious to the public than the misdemeanor of setting fire to the woods and prairies. Immense has been the destruction of property occasioned by wantonly, wickedly, and carelessly setting fire to the woods and prairies in the southern part of this State within the last two years. This loss falls exclusively upon the agricultural part of community, the most necessary and the most deserving of protection.

Ninth. The 178th section of the Criminal Code directs that juries in all cases shall be judges of the law and the fact. It is thought that this provision takes from the judge presiding, his heretofore supervisory control in instructing the juries what he deems to be a true exposition of the law. One great and important means of justice (an impartial and able expounder of the law) under the provisions of this section is entirely excluded. It is important to the people and the accused, that when lawyers disagree on the proper understanding of a law, some one competent, unmoved by passion or interest should have power to decide, and who more properly than a judge specially appointed and sworn to see that justice is rightly administered according to law. I would suggest the propriety of amending that section by adding to the last clause the following: "under the instructions of the court or the law."

Tenth. The act entitled "An act to provide for changing the venue in civil and criminal cases," found page 606 of the revised laws is thought objectionable in this, that the judge has no discretion given him, should the party most palpably swear falsely, and evidently intending to evade instead of obtain justice, require his trial to be moved to some foreign county. The law is imperative, the judge must comply with his requeSt. although he may be satisfied that the fears of the applicant are without cause, or that his affidavit is willfully false. An amendment to that act is proposed, allowing the judge when the case set forth is for the prejudice of the people of the county, a discretion to permit the change asked for or not, as he may deem most advisable for the ends of public justice.

Eleventh. The 35th section of an act concerning justices of the peace and constables (found page 396 of our revised laws,) is thought defective; the court can only render judgment against the appellant on a confirmation of the judgment, and not against the security given on the appeal, and the appellee is compelled to a suit at law against the security in the appeal to obtain satisfaction of his judgment, if his execution against the principal shall be returned unsatisfied The propriety of so amending that section, that judgment shall in all appeals when found against the appellant, or when the appellant shall be non suited, or shall dismiss his appeal be rendered against the appellant, and his security jointly is respectfully submitted.

Twelfth. It is thought that the 13th, 14th and I5th sections of an act entitled "An act for the relief of insolvent debtors," (found page 351 of the revised laws) conflicts with the provisions of the 1St. 2d, 3d, and 4th sections of that act. By the 1st section of that act, fraud is presumed when the creditor has filed his affidavit, that the debtor has refused to surrender his estate in execution; by the 4th section the debtor is enabled to purge

16

himself of the imputation of fraud by producing a written schedule of his estate of his indebtedness, and of debts due to him by others subscribed and sworn to by him.

But by the 13th section a jury is required to be summoned, and the fact of fraud ascertained by them before the debtor can be required to make out his schedule, thereby preventing the object of the Legislature and the spirit of the law; a discovery of the effects of the debtor by his oath, which the creditor could not otherwise possibly obtain the remedy prescribed in the first section, is strictly a point of equity between the debtor and creditor, and justice can only be reached in the first instance by means of the oath of both parties. It is thought that the 13th, 14th and 15th sections of that act ought to be repealed.

Thirteenth. The act entitled "An act to amend an act relative to criminal jurisprudence;" approved January 30, 1827, intended for the prevention of disorder, and for a proper observance of the Sabbath day; although found in the revised code, page 652, is nevertheless not in force, but was repealed by the General Assembly in 1833, as appears by section 191 of the criminal code. Since 1833, we have had no law requiring a due observance of the Sabbath. I would recommend the propriety of enacting the law so (I presume unintentionally) repealed.

Fourteenth. The 1st section of an act entitled "An act concerning costs," approved January 16th, 1827, directs that if in any case the court shall be satisfied that any plaintiff is unable to pay the costs of suit, it shall be the duty of the court to require such poor plaintiff to give security for the payment of costs, and on failure of such poor plaintiff to give such security to dismiss his suit. Nothing it is thought could be more unjust or oppressive, nothing more tyrannical than such a requirement of a poor and unfortunate suitor in our courts. If he is found so destitute where can he expect to find a friend, who without any hope of remuneration will be come responsible. This rule may amount to an entire denial of justice; the poor who too often are found as destitute of friends as of property by reason of this unjust rule may be driven from our courts of justice, because some miserly officer fears that he will not be able to collect from him a few dollars of costs. A wealthy tyrant may by this be enabled to suppress the complaints of the poor, and render them still more miserable by his avarice and fraud. It is true that by the provisions of the 2d section, a poor suitor who is abject enough to ask in the name of a pauper, may be permitted to prosecute without liability for costs. But shall any man who is worthy the name of a freeman in this land of liberty be required to thus degrade and debase himself in his own estimation, and in the estimation of the country; it is thought not. I would recommend the repeal of this provision of the first section as above stated.

Fifteenth. The undersigned would in conclusion recommend the propriety of allowing the Attorney General and Prosecuting Attorneys competent salaries independent of the conviction of offender, that the Attorney General be paid by the State, and the District Attorneys by the counties respectively in which they may prosecute, and to enable the counties to do so without oppression; a further tax of one dollar on all suits here after commenced in the several courts with the fees now allowed to the Prosecuting Attorney on conviction, be paid into the county treasury for that purpose.

17

It is thought that the prosecuting Attorney for the people ought to stand as impartial as the judge himself, and be placed entirely out of the reach of any desire from pecuniary intereSt. to obtain a conviction. The people require nothing but the most strict and impartial justice, and most assuredly they ought not to make it the personal interest of any of their officers to ask more.

All of which is respectfully submitted.

W. KITCHELL;

Attorney General of III.

November 17, 1840.

Which was, on motion, read, and laid on the table.

A message from the Governor, by Mr. Morris, his private Secretary:

Mr. Speaker: I am directed by the Governor to lay before the House of Representatives a printed communication.

Mr. Murphy of Conk, from the select committee to which was referred a resolution to prepare and report rules for the government of the House of Representatives during the present session of the Legislature, reported as follows:

The select committee to which was referred a resolution to prepare and report rules for the government of this House during the present session of the Legislature respectfully report, that they recommend for adoption the rules adopted by the Legislature of 1838 and '9, with the following amendments, viz:

Amend the 5th rule by inserting "one day after" before the words "an adjournment."

Amend the 20th rule by placing "to commit or amend" before "to postpone to a day certain" and to "postpone indefinitely."

Amend the 24th rule by adding "but a motion to strike out and insert shall be indivisible."

Amend the 38th rule by striking out all after the words "disposed of" and insert "the orders of the day, and messages and communications on his table."

Add an additional rule, viz:

Rule 39. That no smoking be allowed in the Hall during the hours of session.

Amend rule 46, by adding "a committee on Banks and Corporations;" which report was concurred in.

Mr. Munsell offered for adoption the following preamble and resolutions.

Whereas, by the Constitution of the United States, there is no restriction or limitation to the term of office of President of the United States, provided the incumbent can procure his continued reelection;

And whereas, it is believed that the re-election of the same individual to the office is of dangerous tendency, by holding out improper inducements to the President to use the vast and hitherto increasing patronage of his office in such manner as will be most likely to secure his re-election, and in the hands of an ambitious, not to say unprincipled man, might, and probably would be, used greatly to the public injury, in sapping the very foundations of our Republican institutions;

18

And whereas, we believe in the doctrine of rotation in office as being most congenial to our Republican institutions, and best calculated to preserve them; therefore,

Be it resolved by the Senate and House of Representatives of the State of Illinois, in General Assembly met. That our Senators in Congress be instructed, and cur Representatives requested, to use their influence to procure such alteration or amendment of the Constitution of the United States as will render the same individual perpetually ineligible to the office of President after having once filled said office.

Resolved, That his Excellency, the Governor, be requested to forward to each of our Senators and Representatives in Congress, copies of this preamble and resolutions; which was read, and on motion, laid on the table.

Mr. Wheeler moved for adoption the following resolutions:

Resolved, That we believe the clerks of the circuit court ought to be dependent on the people for tenure of their office.

Resolved, That a committee of seven be appointed whose duty it shall be to enquire into the expediency of a law limiting the time of holding the office of clerk to two years, and to prescribe the mode of referring the subject to the people, the source of all political power, and report by bill or otherwise; which

On motion of Mr. Dougherty,

Was laid on the table.

On motion of Mr. Peck,

Resolved, That the Committee on Elections be instructed to enquire into the expediency of so amending the election laws as to compel every voter to vote in the precinct in which he resides, which was agreed to.

Mr. Speaker laid before the House a printed communication from the Governor, as follows:

Gentlemen of the Senate, and of the House of Representatives:

You are convened in pursuance of any proclamation of the 15th of October laSt. and it now becomes my duty to communicate to you the reason of your convocation. While we have abundant cause to be devoutly thankful to an over-ruling Providence for the success which has every where attended industry — bountifully rewarded the husbandman for his labor — it is to be deeply deplored that our State is measurably overwhelmed with pecuniary embarrassments.

These embarrassments have grown out of our system of internal improvements, adopted by improvident legislation, at a time when the delusive phantom of speculation seemed to have taken possession of the human mind, and led the world into extravagance and error; and however deeply we may regret the evil which this system has entailed upon us, it would be unwise and unpatriotic, to shrink from the responsibility of applying your bust efforts to the pecuniary redemption of the State, and the preservation of her honor. The vast debt she has already incurred must be paid and this can only be done by a strict and rigid maintenance of her credit abroad, and the wisdom with which her measures are directed at home.

A failure to meet promptly a single one of her engagements would inevitably throw around her future operations difficulties which would prove destructive to her character and intereSt. and in a great degree paralyze her energies.

19

Although there may be but one opinion among our citizens, that the money for which we are indebted has been injudiciously appropriated, still their virtue and patriotism, their high sense of honor and justice, imperiously forbid delinquency in its payments. I am clearly convinced that they would look upon no calamity which might befall them so great and humiliating as that which would strip them of their reputation for punctuality and probity in their engagements.

When a State loses sight of these paramount considerations in her public policy — when she ceases to hold integrity up to the world as the polar star of her legislation — when she becomes careless of her standing among the communities around her, she will settle down into hopeless degradation, and become the scorn and contempt of the world. Strongly impressed with these sentiments, I have convoked you at the present time, that you may be enabled to provide means for the payment of the IntereSt. which will fall due on the first Monday in January next, on the internal improvement debt. The immense amount of State securities in the market — the general derangement of financial affairs in this and other countries — the suspension of specie payments by the banks, and the contractions of their issues, rendering the difficulties encountered in obtaining money for any purpose almost insurmountable, together with the shortness of time intervening between the period fixed by the Constitution for your regular meeting, and the first Monday in January succeeding, when the interest becomes due, presented doubts to my mind whether the Legislature, if they did not assemble previous to the commencement of their regular session, could adopt suitable measures for the purpose of providing the necessary funds to enable the Fund Commissioner to avail himself of their advantages so as to meet the pending obligation of the State. To obviate these objections I have called you together, and cannot but hope you will act in the premises with promptitude and wisdom, and thus preserve unsullied our plighted faith.

Unless our internal improvement stock should rise above its present selling price in the eastern cities, no alternative has been presented to my mind to meet the exigency but the hypothecation or sale of State bonds below par, which cannot be done under existing laws, but which would be preferable to the loss of honor or the prostration of the character and credit of the State.

The following table will exhibit the financial condition of the State, her indebtedness and resources, and the amount of interest to be paid on the internal improvement debt, on the first Monday of January next:

Amount of internal improvement stock sold for railroad and river improvements, — — — — — — — — — — — — — — — — — — — — — — — $3,187,000

Amount on account of railroad iron, — — — — — — — — — — — — — — — — — — — — — — — -$500,000

$50,000 advanced by Messrs. Wright & Co. of London, amounting to near $250,000, being part of $1,500,000 of internal improvement bonds placed in the hands of said Wright & Co. as agent for Messrs. Rawlings & Oakley,
Fund Commissioners, — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -$250,000

Amount due Bank of Illinois for money advanced, and
interest on same, about — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -$238,000

Amount due State Bank of Illinois for same, — — — — — — — — — — — — — — — — — — — -$50,000

Internal improvement scrip issued, about — — — — — — — — — — — — — — — — — — — — — -$800,000

20

Unadjusted accounts with contractors for work done this year, and for damages, about — — — — — — — — — — — — — — — — — — — 300,000

Amount due Bank of United States for advances on shipments of railroad iron, &c., about — — — — — — — — — — — — — — — — — — 20,000

Total amount of debt on account of internal improvement, $5,345,000

Bank and internal improvement stock — — — — — — — — — — — — — — — — — — — — — — $2,665,000

Total bank and internal improvement debt — — — — — — — — — — — — — — — — — — — $8,010,000

For $2,606,500 of the above internal improvement debt, bonds have been sold upon which interest is due in January next, exclusive of bank and internal improvement stock, amounting at that time to the sum of — $78,195.00

The residue of the above indebtedness consists in internal improvement bonds sold and not paid for, moneys advanced by banks and debts due for internal improvement scrip, and to contractors,&c.,amounting in the aggregate to 2,738,500.00

Illinois and Michigan Canal Stock sold, — — — — — — — — — 3,400,000.00

Amount due to Messrs. Wright & Co. for $30,000 advanced on contract with Judge Young amounting, with intereSt. to — 150,000.00

Canal scrip issued last spring, — — — — — — — — — — — — — — 400,000.00

Total amount of Canal debt, — 3,950,000.00
Recapitulation.

Total internal improvement debt, — 5,345,000.00

Total bank stock, — 2,665,000.00

Illinois and Michigan Canal debt, — 3,950,000.00

Total amount of debt on account of banks, internal improvements, and canal, — $11,960,000.00
To which may be added, for revenue purposes, the following sums:

Amount due school fund, — 807,585.39

Amount due Bank of Illinois for advances on account of State House, — 80,097.00

Amount due State Bank do., and for Auditor's warrants for current expenses, paid by State Bank, — 190,000.00

Bonds sold to the Poughkeepsie Locomotive Engine Go, 128,000.00 Liability on account of surplus revenue, — 477,919.44

Total amount of liability, — $13,643,601.83
Deducting from the above amount $1,336,419.44, being the amount of surplus revenue, and bonds sold which are not paid for, and the State pays interest upon - - 12,207,182.39 Annual interest thereon, — — - 732,430.92 Assuming that the resources of the canal and the bank dividends will furnish the means to pay the interest accruing on their respective accounts for the next two years, the sum left unprovided for on account of internal improvements will be — 4,764,500

21

Annual interest thereon, — ; — 285,870

The following unavailable debts are due to the, internal improvement fund for bonds sold, and are included in the above table of indebtedness, but upon which interest is not computed:

From John Delafield, of New York, - - - $433,000
"A. H. Bangs & Co, - - - - 50,000
"Bank of Commerce at Buffalo, - - - 90,000 "
Commercial Bank at Buffalo - - - 90,000
"Erie County Bank, - - - - 67,500
Amounting to - - - - - $730,500
To which unavailable resources may he added lands owned by the State, also at present unavailable, 40,332 acres
The following resources of the canal at the present time may be considered as unavailable:
The amount due prior to 1840 from sales of town lots, and miscellaneous sales of wood and timber, - - $1,047,654 For sales of land in June laSt. as per statement of the
President of the Canal Board, - - - 70,000
At the date of my last message, 270,182 acres of canal lands remained Unsold, since which time I have received no report from the Board of Canal Commissioners, and consequently am unable to state the number of acres that has, subsequent to that time, been disposed of.

A failure to collect the amount due from John Delafield and others, or any part thereof, would render it impossible for the Fund Commissioner to pay the interest falling due on the first Monday of January next on the internal improvement debt, and is the sole cause of your being convened prior to the time fixed by the Constitution. A bill has been filed against Mr. Delafield in the Circuit Court of the United States for the southern District of New York, to restrain him from negotiating the bonds he received, as it is presumed he is neither willing nor able to pay for them. If this should prove true, the State is under no equitable or moral obligation to redeem them. While, therefore, I would admonish you to be sensibly alive to, and zealously watchful of her integrity and honor, I cannot believe she is in duty bound to fulfil an engagement where the other contracting party_ fails to comply with its conditions. The principles involved in this question have long been recognized by the highest judicial tribunals upon earth, as between individuals, and it would be difficult to discriminate between a case of that nature and the present.

The same reasons which govern the case of Mr. Delafieid apply with equal force to the contracts with A. H. Bangs & Co. and the banks specified, should they pursue the same course. It is, however, probable that the Bank of Commerce at Buffalo will return the bonds she obtained to the State, and that the Commercial and Erie County Banks will discharge their liabilities in scrip.

The amount of $128,000 of bonds was sold by Gov. Reynolds and General Rawlings to the Poughkeepsie Locomotive Engine Company, to be Paid for in eight quarterly instalments of $1600 each, at the Atlantic Bank of New York.

This negotiation was made under an act to authorize aloan for revenue purposes, to be applied to the erection of the state house, and the installments

22

were transferred, as they became due, to the Bank of Illinois for advances made by that institution for the above object. Four of these installments are now due, but none of them being paid, suit was instituted by the bank for their recovery. Doubts, however, are entertained of the solvency of the company, and should it fail, the bonds received by it should be placed upon the same footing as those received by other delinquent purchasers.

Having laid before you the financial condition of the State, her available and unavailable resources, in comparison with her indebtedness, the dictates of sound policy require at your hands the adoption of the wisest and most judicious measures to relieve her present necessities, and provide for her future liabilities. It may truly be said, that no former period of our political history presented questions of such deep and absorbing interest. The future destiny of the State for weal or for woe depends upon the direction of the crisis. Unfortunately, at an unguarded moment, she was allured from the path of wisdom and economy by the seductive spirit of speculation, and the wild phrenzy of popular delusion, which spread over every part of the Union, and induced to embark in an extensive system of internal improvements at a period when the country was literally deluged with an inflated circulating medium, which gave the semblance of success to the most visionary and chimerical enterprises. But a general suspension of specie payments by the banks following close upon the seemingly eminent and rapid advancement of the country, and the sudden united and continued withdrawal of their unnatural circulation, spread gloom and dismay, instead of permanent wealth and prosperity; and so extensive and overwhelming has been the change in monetary affairs, that its effects have operated like a spell upon every department of business through out the country, and nothing but prudence and time, united with the energies and patriotism of the people, can overcome its withering and desolating consequences. With steady perseverance, however, and well directed industry, favored, as we are, with the most fertile soil upon the globe; with a vast extent of territory, susceptible of the most dense population, abounding with natural advantages, and intersected and surrounded with navigation, settled and settling with a population proverbial for their interprize; can it be doubted that the State will gradually be redeemed from her embarrassments, and ultimately complete such portions of the system as wisdom may dictate, and our interest demand, and thus maintain her dignity and honor unimpaired? Surely her representatives will never consent to be placed in the humiliating attitude of being the first in the Union to abandon their plighted faith. Such an act would be contrary to their intereSt. derogatory to their pride and integrity, and too monstrously absurd to be for a moment entertained.

A renewal, however, of operations upon our public works, or any portion thereof, at the present time, seems to be forbid by the condition of our finances. The immense debt already fastened upon us, the impossibility of effecting a sale of State bonds at par, and the general derangement of financial affairs, present to my mind insurmountable obstacles to their further prosecution under existing circumstances. But should your wisdom dictate otherwise, and you determine to proceed with a portion of them, then the salutary lessons of experience we have had, and every principle of economy and public intereSt. point out the plan of operations

23

too obviously to be misapprehended either as regards the present or any future period.

All the means and energy employed should be concentrated on the most useful and important road firSt. until that is completed, and then the next important, until all are finished.

By pursuing this course, the income upon the roads in operation would in all probability pay the interest upon their coSt. and greatly facilitate the construction of others, while the comparative amount of money which might be required, could be obtained on more favorable terms. The question, therefore, naturally arises, whether we proceed with our internal improvement system or not, what policy can be adopted which will best subserve the present emergency, and promote the public weal in our future operations. Laying aside any doubt as it regards the payment of the January intereSt. which can only be done by the hypothecation or sale of State bonds at some price, how is a permanent fund to be provided to meet the future intereSt. and eventually, the principal, as they respectively become due and payable.

The policy of paying the interest out of the money borrowed must ere long be abandoned, and the only alternatives which have suggested themselves to me is an increase of our banking capital, and a resort to direct taxation. The solution of these questions call into requisition the united wisdom of this General Assembly; and, in order to enable you to arrive at a correct conclusion, and settle down upon a policy, the momentous consequences of which deeply involve the interest and patriotism of the people, too much care cannot be taken in adopting the line of action to be pursued. Shall the first alternative be adopted? The consequences attendant upon and inseparably connected with an increase of our banking capital, should be narrowly scanned and well weighed in the balance before venturing upon such a resort. In the first place, should that policy be pursued, the capital cannot be obtained without involving the State in an additional debt corresponding with the increase; and if obtained, could such a resource be relied upon to pay any portion of our liabilities beyond the interest accruing upon its own account? To insure such a result to an extent commensurate with the object for which it would be designed, you would necessarily be compelled to raise the interest upon bank accommodations to ten or twelve per cent., and in this way tax the people some five or six per cent upon the whole amount of notes issued under such a system, the benefit of which would accrue as well to the private stockholder as to the State. Then, if the bank should be well managed, we might expect the highest dividends, but the late and repeated expansions, suspensions, and contractions of the banks generally, furnish ample proof that the paper system is fundamentally wrong in principle, destructive in practice, and at war with the best interest of the country, and the genius and spirit of our republican institutions. Its tendency and inevitable result is, to spread merely the appearance of prosperity for a season, and then gloom, revulsion, and distress; thus proving that it has no power to regulate and render stable the currency of the country.

Whatever plan may be devised to provide means to pay off the liabilities of the State, none can be adopted that will not operate as a tax upon the property and industry of our citizens; and it ought not to be concealed that if the vast debt which has been incurred on account of our

24

internal improvements is ever paid, it must be done through the medium of taxation. The dictates of wisdom and prudence, as well as sound policy therefore, require that the most simple and economical plan should be pursued; and it only remains to determine between a direct and an indirect mode. I am aware it has often been alleged that the people would not submit to a system of direct taxation; hence, the erroneous, ruinous and ir-republican policy of indirect taxation has crept into our institutions, and so fearful have legislators been of the indignation of their constituents that the sources of its origin have been carefully concealed; to which cause, more than any other, may be attributed the host of monopolies, with their train of desolating evils, that are fastened and preying upon the vitals of the country. By such an iniquitous system large and excessive revenues are collected, and, consequently, wild and extravagant appropriations made. If in a Government like ours, based upon the virtue and intelligence, and administered by the will of its citizens, we are to be told that they will not tolerate the most economical, certain and effectual mode of discharging their liabilities, then, indeed, we are compelled, however reluctant, to subscribe to the federal doctrine of their incompetence to regulate their own affairs, and constrained to acknowledge that we only enjoy the name and shadow and not the reality of republicanism.

But being, as I am, firmly persuaded that they are always patriotic in their sentiments; instead of temporary expedients, I have no doubt they would gladly embrace the most direct and judicious plan to relieve themselves from any embarrassments in which they may be involved. This would especially be true if they were always kept acquainted with their real condition, which would place them upon their guard, and enable them to avoid many calamities which otherwise, would be entailed upon them. I cannot therefore, consistently with that duty I owe to the public welfare or my private feelings recommend to your favorable consideration an increase of our banking capital as a source of revenue or for any purpose whatever. I do not believe the people require it, or, if they did, that it would afford them any assistance.

The question hence arises whether we shall resort to direct taxation. I am clearly of opinion that it would be better to postpone the adoption of this policy for the ensuing two years. Although an increase of taxes may ultimately be inevitable, yet, under existing laws, the amount collected will annually become greatly enhanced.

The vast quantity of public lands entered in 1835, '6, '7 and '8, which are not yet taxable; the continued increase of wealth pouring into our State through the channels of emigration and trade, and the present scarcity of money, point out the propriety of making a loan to meet the interest upon our internal improvement debt until your next regular session. The quantity of lands entered during the year 1835 and 1826 exceeds 5,229,327 acres. Estimating its value at $5 per acre, the additional revenue which will annually arise from this source under the present law, after the expiration of one and two years will be $52,292 26, and an undiminished augmentation from lands entered in 1837 and '8 will be continued, and so on continually, at a less rapid rate, however, for many years to come.

By setting apart, and exclusively applying the proceeds arising from this continual, unfailing and increasing source of revenue to the liquidation of the interest of our internal improvement debt, and by adopting

25

rigid economy in the public expenditures of the State, the lands now tax able together with the personal property, will ere long, yield a surplus, which added to the above resources, will go far towards the payment of that interest as it accrues. Under this policy the augmentation of taxes, when resorted to, would be comparatively of inconsiderable amount. In connection with this subject, I would suggest the propriety of reducing the county levies of taxes, and in the same, or less proportion, increasing the State taxes. By amending the revenue law so as to limit the county tax to one fifth, and increasing the State tax to one fourth per centum, the taxes would be reduced instead of increased, and the counties would still, with proper economy, be supplied with means to meet all necessary expenditures.

In the meantime, or before resort is had to an increase of taxes, the State may derive aid from other sources. Mr. Calhoun, of South Carolina, at the last session of Congress, introduced into that body a bill ceding to the States the public lands lying within their respective limits, on condition of their paving into the National Treasury, on the first of February annually, one half of the proceeds arising from the sales, reserving the other half to themselves. The adoption of this measure would be nothing but an act of justice to the new States, and coming, as it does, from a distinguished southern Senator, it exhibits the liberal and enlightened policy of the statesman. In view of its justice and propriety I would recommend that you instruct our Senators and request our Representatives in Congress to use their endeavors to procure its passage.

The issue of scrip on account of the internal improvement system and canal, has resulted, like most other temporary expedients, in a great depreciation of its value, which is working a pernicious influence upon the interest and credit of the State. Largo amounts of it have been purchased by speculators at prices greatly below par, to the injury of the community, to an amount corresponding with its depreciation, and but little hope can be entertained of advanced prices so long as its circulation is continued as an article of trade. I would, therefore, respectfully recommend the adoption of such measures as will provide the means for its earliest redemption.

In the month of March laSt. General Thornton and others, as a committee on the part of the canal contractors, visited me for the purpose of making arrangements to provide means to pay off the estimates as they would become due for the remaining part of the year; alledging that unless a positive assurance was given that the money would be forthcoming to meet these estimates, the contractors would be forced to abandon their contracts, and that in this event general distress and bankruptcy in most cases would ensure, and consequently great loss to the State Knowing that bonds could not, at that time, be sold at par to raise money for that purpose, they proposed; on the part of the contractors, that bonds should be placed in the hands of suitable agents to the probable amount of the expenditures for the year, to be paid to them at par; to which ] assented, conditioned that the bonds so paid should be placed in the hands of an agent whom ] might approve, to be sold for their benefit in our eastern cities or a foreign market to which condition they assented, and I therefore, placed in the hands of Gen. Thornton, Canal Commissioner, $1,200,000 in bonds for that purpose,$1000,000 of which has since been sold by him in Lon-don as agent for the contractors, at the rate of eighty -five percent, which has

26

enabled them to prosecute the work on the canal throughout the season, with energy and success, and, as I am informed, without loss, as the reduction in the price of labor, provisions and materials has equalled the fifteen, per cent reduction on the bonds. Under the circumstances, I would suggest the propriety of the State incurring the expense and compensation of the agent while engaged in the performance of his agency. This would seem to be just and equitable, as the payment of bonds, instead of money, to the contractors, superceded the necessity, on my part, of employing an agent to sell them in a foreign market, and consequently threw the expenses and responsibility of the negotiation upon the contractors themselves, be sides the loss of fifteen per centum upon the whole amount of bonds sold It is proper that I should here remark, that I exceedingly regretted the necessity of paying the contractor? with bonds, but as money could not be raised by a sale of them at par, to meet the estimates on the canal as they became due, and the contractors proposed to receive them at that rate and hazard a sale of them on their own account, I felt constrained from plense of duty towards them, and good faith on the part of the State, a place the bonds in the hands of the Canal Commissioners for their benefit

By an act of the 1st of February laSt. the Commissioners of the Illinois and Michigan canal were required "to sell so much of the canal lands and lots the present year as were required to pay the interest on loans made for canal purposes." As early as April last the President of the Board verbally informed me that it would be impossible to realize money from the sale of these lands to pay the interest due in July following, and, consequently, other means were necessary to be resorted to furnish the funds for that purpose. To meet the interest upon bonds sold prior to 1839 by Gov. Duncan, and payable in New York, the sum of,$30,000 was loaned by Col. Mather, President of the State Bank of Illinois, and to pay that portion of the interest falling due in Europe, a draft was drawn by Judge Young upon Messrs. John Wright & Co., of London, for 20,000 it being part of 30,000 advanced by said company on a contract for $l,000,000 canal bonds entered into in October, 1839. 10,000 being the residue of the above $30,000 advanced by said Wright & Co. has been placed on deposit in the U. S. Bank, and I have instructed Judge Young to apply so much thereof as may be necessary for the payment of the interest becoming due in N. York on the first Monday of January next; and I am informed by Gen. Thornton that the means are provided to meet the interest due in London at the same time. As the contract with the Messrs Wright & Co. was much animadverted upon by the last Legislature, not withstanding I was convinced that no sale could be made more advantageous to the State at the time it was effected or during the present year yet I hesitated much before assenting to its confirmation. Being, how ever informed that no other means could be obtained to meet the July interest in London to prevent a forfeiture of good faith on the part of the State I at once determined to confirm the contract. The residue of the bonds after deducting the $30,000 advanced, still remain in the hands of Messrs. Wright & Co., and are as yet unavailable to the canal fund. If they are not sold prior to the 1st day of April next, the contract ceases by its own stipulations and, in that event, no means are provided for the prosecution of the work on the canal for the ensuing year. Subsequent to being informed by Gen. Thornton, that canal lands could

27

not be sold to meet the July interest upon the canal debt, he communicated to me, that in June laSt. the Board effected a sale, to the amount of $70,000.

Whether the money is available or not, I am uninformed, not having been furnished with the proceedings, or report of said Board during the year, which prevents me from laying before you as full and complete a statement, in relation to the progress and condition of the Canal, as I desired.

About $2,215,000 of Canal stock has been sold under the act of I839, leaving a balance, authorized to be sold by said act, of $1,755,000 ; but the present depreciation of American securities does not afford a reasonable expectation that a sale can be made of the residue of the stock at par, in time to meet the wants of the Canal. The great amount already expended upon this stupendous work, and the vast sum yet required for its completion, a portion of which must be immediately had, presents a subject for your consideration well worthy of mature deliberation. The accruing interest upon the debt which has already been incurred, the dilapidation of the work which has been done, and the destruction of fixtures and other preparations for its prosecution, the loss of which must fall upon the State if it is abandoned, seems to forbid its suspension. It is, therefore, submitted to your wisdom and discretion what means are to be provided for its future progress. In view of the difficulties to be encountered in obtaining money, I would renew my former recommendation of selling so much of the Canal lands as will be sufficient to pay the accruing interest upon its debt.

Rigid accountability being essential to the fidelity of public officers, I feel it my duty again to recommend a thorough and rigid scrutiny into the conduct of all those connected with the management of our finances.

It again becomes my duty to call your attention to the suspension of specie payments by the State Bank, and the Bank of Illinois, at Shawnee town. The frequent failures of institutions of this character to meet punctually their engagements, solemnly admonish us that they can never be of any permanent utility, until the security to the public that their notes will be redeemed upon presentation, is increased, and they are thrown entirely upon their own resources, instead of Legislative indulgence. Twice, in the short space of two years, have they violated their obligations, and twice has that violation received legislative sanction. It is to be hoped, however, that a similar occurrence will not again take place, and that our Banks will prepare for resumption of specie payments at an early day, and, at leaSt. take care of themselves for the future.

Having found no cause to change my sentiments in relation to the banking system generally since the date of my last message, it is unnecessary that I should enter upon that subject at length on the present occasion. The pernicious consequences inflicted upon the country by the operations of Banks, within the last few years, is too indelibly stamped upon every department of business to be misapprehended by the most skeptical. The fluctuation in the prices of labor, properly and trade of every description, have kept pace with the alternate expansions and contractions of their issues; and whether the injuries thus sustained are attributable to their guilt or innocence, the effect upon the

28

prosperity of the people is the same. So interwoven have the affairs of our citizens become with those institutions, that it cannot be defied that they control and direct the circulating medium, commerce and wealth of the country; and not only so, they frequently wring from legislative bodies an acknowledgment of their utility, and exercise an influence over the public mind which it is difficult to overcome. Thus have they fortified themselves behind an almost invulnerable rampart, erected by encroachment, and justified by the tyrant's plea, "necessity."

Usurpations of whatever character are usually preceded with the persuasion that they are essential to the advancement of the people in the scale of prosperity and happiness; and in this way they are stripped of their rights, and bound in the chains of political slavery before they are aware of the danger. To guard against such startling power, concentrated in Banks, all the virtue and energy of the patriot must be called into action, and constant requisition. Already one important blow has been struck for the severance of this power from the Government: its deadly grasp was broken by the adoption of the Independent Treasury, If this salutary measure of public safety continues in operation, it will exercise a healthy and controlling influence upon their issues, limit the amount collected to the wants of the Government, and teach them the necessity of relying entirely upon their own resources. If they are deprived of the public revenue, and, consequently, a participation in the management of a momentous department of public business, it will be impossible for them successfully to attribute their revulsions and suspensions to the existing administration. The whole world would know the fault was alone their own, and their labors to conceal it would add a deeper stain to their guilt. However true the argument, that they afford facilities to trade and commerce, the conclusion would be preposterous, that these facilities would be more certain and useful if they were connected with the management of our national finances.

Being convinced of the propriety of providing a fair compensation for prosecuting attornies, I regard an increase of their salaries as absolutely necessary to the advancement of the public welfare. It will be impossible to command the best talents of the State, in the administration of justice, which is highly essential, if a fair and just equivalent is not held out for the enlistment of that talent. The adoption of this course, instead of being a useless expenditure of money, would, I have no doubt, conduce to that economy, which is imperiously demanded by our condition.

Although I know of no instance of any individual coming from another State into ours to vote, yet I have been informed from sources in which I place the utmost reliance, that extensive arrangements were concerted among a portion of the citizens of another State to come into Illinois for that purpose at our recent election for President and Vice President. In view of the danger to which we are exposed from such innovations along the borders of the State swept by the Mississippi and Ohio rivers, I feel it my duty to recommend the passage of a law, providing for the apprehension and rigid punishment of offenders who may invade the rights of the elective franchise. The startling frauds which have recently been perpetrated in New York and other places for the

29

destruction of these sacred rights, I regard as little better than high treason, and striking a deadly blow at the foundation of the government.

A frequent recurrence to fundamental doctrines being essential to the perpetuity of free government. It is a matter of the first consideration, that we keep the respective political rights of the Union, the States, and the people clearly defined. The security of each depends upon the separation and well regulated balance of power between them; and care should, therefore, be taken to prevent strengthening the arm of the Confederacy. Congress should exercise no power but such as has been expressly delegated, or is absolutely necessary to carry the delegated power into effect. There is certainly no necessity for encroachments upon state sovereignty or individual privileges. If the General Government will protect us from foreign invasion and domestic insurrection, the great object of its formation, and deal out justice with an impartial hand, it is all we can expect or desire. The one will leave us in the quiet enjoyment of our pursuits, while the other will afford us no cause of complaint. But when it draws within its grasp powers never surrendered to it, and adopts partial legislation as the rule of its action, then, indeed, it is verging rapidly to monarchy, and may justly alarm the fears of the patriot.

The idea that the people should look up to it for assistance in times of pecuniary distresses most revolutionary in its tendency, and this revolution is speeded in its object when the laws are directed to the promotion of private intereSt. instead of the general good. Hence, the various and diversified charters granted to monopolizing companies, are sapping the foundation of the Republic, destroying the equality of citizens, and creating distinctions in society. In the pure republican days of the Revolution, merit and demerit, virtue and vice, alone drew the line of separation between one man and another: now the pampered fed monopolist scorns an association with honest poverty. Why is this? It is because the Government lost sight of the object of its formation, and by venturing upon special grants of power, gave rise to a modern aristocracy, who are mere consumers, living on the productions of the poor man's labor; and although the pernicious effects of such legislation may be unobserved by many, still it is leading to the most fatal consequences — I fear to civil revolution.

Ours was intended to be a government of limited power, plain in its construction, and economical in its administration; not one of unbounded sway, special privileges, hereditary descents, titles and nobility. yet its frequent inroads upon individual rights, and the sovereignty of the States, furnish living memorials of its increasing strength, and solemnly warn us to be vigilant and active in the maintenance of our independence. Although the virtue and patriotism of the people were enabled to triumph over a National Bank, the alien and sedition laws, and their kindred acts, they may yet yield their freedom to the same despotic spirit, which, always restless, and never wearied in its exertion for con-queSt. approaches them under various disguises. Fearful of an appeal to their reason, resort is had to show and parade to inflame their passions; thus proving that, while their influence is courted, the utmost contempt is entertained for their intelligence. The history of all republics which have preceded us bear evidence to the fact, that the wily and ambitious

30

usually resort to such resources to corrupt the public mind and public morals previous to seizing; upon the reins of supreme authority; and if we do not guard ourselves against such insidious devices, who will lose our liberties in the same way, and have nothing but the wreck of a violated Constitution, and a ruined country to transmit as a legacy to our children. Let the Government be free from monopolies and the influence of wealth, just in its administration, and economical in its expenditures, liberal in its policy, and free from encroachments, taking care of itself, and leaving the people as much as possible to the enjoyment of their own pursuits, and it will insure its own perpetuity, and the freedom of its citizens.

Having called your attention to various interests of the State which presented themselves to my mind as worthy of your first consideration, I doubt not that such as I have omitted will be suggested by your own wisdom, Hoping that you may be guided by patriotism in all your deliberations, and a sincere desire for the promotion of the public welfare, and that your labors may be crowned with signal success, I take my leave of you with earnest benedictions to Almighty God for your happiness individually and collectively.

THO. CARLIN.

SPRINGFIELD, November 26, 1840.

Which being read, was,

On motion of Mr. Logan,

Laid on the table.

Mr. Leary moved the printing of 10,000 copies.

Mr. Murphy of Cook moved 5,000 copies.

Mr. Logan moved 3,000 copies.

Mr. English moved 8,000 copies.

The vote being taken on printing 10,000,

It was decided in the negative.

The vote being taken on printing 8,000, the yeas and nays were called for by Messrs. Lincoln and Henderson, It was decided in the negative, as follows:

Those who voted in the affirmative, were,

Messrs. Bainett, Bentley, Bissell, Blackman, Bussy, Carpenter, Cavarly, Courtright, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, McClernund, Mc-Clurken, McDonald, Marshall, Moore, Murphy of Cook, Odam, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 42.

Those who voted in the negative, were,

Messrs. Able, Bailey, Baldwin, Beall, Bennett,Bradford,Brown of Sangamon, Brown of Vermillion, Canady, Charles, Cox, Grain, Cunninghami Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, Logan, MoGinnis, McLean, Menard, Minshall, Munsell, Murphy of Perry, Oliver, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. and Woodson — 46,

Mr. Parsons moved the printing of 6,000 copies, and the vote being taken thereon,

It was decided in the negative.

The vote being taken on the printing of 5,000, copies,

It was decided in the affirmative.

31

On motion of Mr. Cavarly,

Resolved, That a committee of two on the part of the House be appointed to meet such committee as may be appointed by the Senate to carry into effect a resolution passed by the House, relative to an exchange of room?

Ordered, That Messrs. Cavarly and Kitchell constitute said committee.

On motion, The House adjourned,

Friday, November 27, 1840.

House met pursuant to adjournment.

Mr. Peck presented the petition of Samuel Hoard of Cook county, praying for extension of time, until the first day of January, 1841, to complete taking the census of said county; the reading of which was on his motion dispensed with, and the same referred to a select committee.

Ordered, That Messrs. Peck, Dodge and Wheeler be that committee.

On motion of Mr. Murphy of Perry,

Resolved, That so much of the Governor's message as relates to internal improvements be referred to the committee on internal improvements.

Resolved, That so much as relates to raising means to pay interest on loans already made be referred to the Committee on Finance.

Resolved, That so much as relates to the elective franchise be referred to the Committee on Elections.

Resolved, That so much as relates to Calhoun's land bill be referred to Committee on Finance.

Mr. Waters, Representative from Pope county appeared, was qualified took his seat.

Mr. Mc Lean offered for adoption the following resolution:

Resolved, That the Committee on the Judiciary be instructed to enquire into the expediency of the passage of a law, staying all proceedings on judgements and executions, until the close of the present session of the General Assembly, and that they also enquire into the expediency of the passage of a allowing a replevy for the term of three years, on all attentions, where the estate or property taken in execution, does not sell two-thirds of its valuation the first time it shall be offered for sale, and that they report by bill or otherwise.

On motion of Mr. Carpenter,

The question was divided, so as to take the vote on each clause separately.

On motion of Mr. Minshall,

The first clause was laid on the table.

The yeas and nays being called on the adoption of the last clause,

It was decided in the negative as follows:

Those who voted in the affirmative, are,

Messrs. Able, Bentley, Bissell, Carpenter, Courtright, Crain, Dodge, Dollins, Dunlap, English, Hankins, Hicks, Hull, Humphrey, Kitchell, Laughlin, Lesler, Logan, McClurken, McDonald, McLean, Marshall, Moore, Minshall, Moore, Murphy of Perry, Odam, Oliver, Parsons, Peck, Prentice, Scott, Turney, Waters, Wheeler, Wood, and Mr. Speaker — 37.

32

Those who voted in the negative, are,

Messrs. Bailey, Baldwin, Barnett, Beall, Bennett, Blackman, Bradford Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Cavarly Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Kelly, Lean McClernand, McGinnis, Munsell, Murphy of Cook, Ormsbee, Parkinson Phillips, Reynolds, Ross, Shepley, Thornton, Threlkeld, Troy, Trumbull, Webb, WeSt. White, Wilson, Woodson — 46.

On motion of Mr. Peck,

Resolved, That the select committee appointed upon the subject of a distribution among the States of the proceeds of the sales of the public lands be also instructed to consider and report upon the expediency of ceding to the several States the public lands lying within the same, respectfully as proposed by Mr. Calhoun in the United States Senate, with reference to the effect of such cession upon the future prospects and permanent welfare of the State of Illinois, and upon the comparative advantages resulting to this State from the adoption of such distribution or cession.

Mr. Woodson offered the following resolution for adoption.

Resolved, That no reports or other communications presented to the House shall be entered on the journals and printed, except the Auditor's and Treasurer's reports, and reports from standing or select committees, and Governor's message, unless by special order of the House, but the same shall be filed by the Clerk, and so entered on the journals; which was

On motion of Mr. Peck,

Laid on the table.

Wm. B. Archer, Representative from Clark county, appeared, was qualified, and took his seat.

On motion of Mr. Trumbull,

Resolved, That the Committee on the Judiciary be instructed to enquire into the expediency of so amending an act entitled "An act, regulation tavern and grocery licenses," approved March 2, 1839, as to provide for the punishment of every person who shall keep a grocery without having first obtained a license so to do, according to the provisions of said act.

On motion of Mr. Charles,

Resolved, That the Committee on Education be instructed to bring In a bill consolidating into a single act, the various laws in force in relation to common schools and school lands, with such amendments, alterations, and additions as they may think proper.

Mr. Dodge moved that one thousand copies of the report of Attorney General be printed; which was not agreed to.

Mr. Webb moved to refer the report of the Attorney General to the Committee on the Judiciary; which was agreed to.

Mr. Kitchell, on,leave, introduced a bill for ‘An act to amend an act, entitled An act, to provide for the settlement of debts and liabilities incurred on account of internal improvement in the State of Illinois;’ approved February 1St. 1840; which was read the first time, and

Ordered to a second reading.

Mr. Emmerson on leave, introduced a bill for an act entitled "An act

33

extending the navigation of the Bon Pas Creek;" which was read the first time, and

Ordered to a second reading.

Mr. McLean moved an adjournment; which was not agreed to.

Mr. Bradford moved that 150 copies of the rules of the House of Representatives be printed; which was carried.

Mr. English moved that 2,000 copies of the Governor's message be printed, in addition to those already printed.

The yeas and nays being called by Messrs. Henderson and English, It was decided in the negative as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Bussy, Carpenter, Cavarly, Courtright, Crain, Dollins, Dodge, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Leary, Laughlin, Lester, McGlernand, McClur-ken, McDonald, Marshall, Minshall, Murphy of Cook, Murphy of Perry, Odam, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 43.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Logan, McGinnis, McLean, Menard, Moore, Munsell, Oliver, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeid, Troy, Waters, Webb, WeSt. and Woodson — 16.

Mr. Kitchell presented the petition of sundry citizens of Montgomery county, praying for the adoption of certain measures of retrenchment in the expenditure of the public money; which was read, and

On motion of Mr. Logan,

Referred to the committee on internal improvements.

The House then adjourned.

Saturday, November 28, 1840.

House met pursuant to adjournment.

The Speaker announced the following, as the Standing Committees of the House:

On the Judiciary — Messrs. Kitchell, Cavarly, Leary, Webb, Trmubull, Dougherty, Hardin, Hicks, and Drummond.

On Finance — Messrs. Peck, English, Able, Prentice, Lincoln, Turney, Minshall, McLean, and Ross.

On Elections — Messrs. Kelly, Courtright, Phillips, Laughlin, Bailey, Parkinson, Charles, Scott, and Oliver.

On Militia — Messrs. Gridley, Dollins, Bennett, Troy, White, Brown of Vermilion, Blackman, Cox, and Humphrey.

On Internal Improvements — Messrs. Edwards, Logan, Brown of Vermilion, Beall, Crain, Minshall, Woodson, Barnett, and Baldwin.

On Education — Messrs, Murphy of Perry, Bissell, Kelly, Moore, Par-sons Bradford, Hankins, Charles, and Thornton.

34

On Public Accounts and Expenditures — Messrs. Ormsbee, Parsons Thornton, Gillespie, Ross, Woodson, Dollins, Dougherty, and Phelps.

On the Penitentiary — Messrs. Gillespie, Reynolds, McDonald, Scott, Olds, McGinnis, Humphrey, and Dunlap.

On Canals and Canal Lands — Messrs. McClernand, Peck, Dodge, Henderson, Murphy of Perry, Cavarly, Shepley, Wheeler, and Lincoln.

On Manufactures and Agriculture — Messrs. Brown of Sangamon, Mc Clarken, Lester, Cox, Troy, Emmerson, Denny, Wilson, and Blackman.

On Claims — Messrs. Green, McDonald, Laughlin, Threlkeld, Bailey, Oliver, Phelps, Reynolds, Baldwin, and Froman.

On Public Buildings and Grounds — Messrs. Bentley, Hankins, WeSt. Wilson, Munsell, Darnielle, Waters, Bennett, White, and Marshall.

On State Roads — Messrs. Archer, Shepley, Froman, Cunningham,Dunlap, Courtright, WeSt. Funk, and Wood.

On Counties — Messrs. Carpenter, Lester, Francis, Hull, Barnett, Cunningham, Turney, Bussy, and Odam.

On Banks and other Corporations — Messrs. Murphy of Cook, Carpenter, Ormsbee, Dodge, Heuderson, Hardin, Bissell, Menard, and Green.

On Salines — Messrs. Wood, Canady, Odam, Logan, McGinnis, Bussy, Waters, Marshall, and Bentley.

On Engrossed Bills — Messrs. Leary, Drummond, Murphy of Cook, Crain, Menard, Beall, McLean, Trumbull, and Gridley.

Mr. English, from the joint select committee appointed to draft rules for the government of the two Houses, reported as follows:

The joint select committee appointed to draft and report rules for the government of the two Houses, having examined the joint rules adopted at the last session, recommend their adoption for the government of the two Houses at the present session; which report was concurred in.

Mr. Lincoln offered for adoption the following resolution:

Resolved, That so much of the Governor's message as relates to fraudulent voting, and other fraudulent practices at elections, be referred to the Committee on Elections, with instructions to said committee to prepare and report to the House a bill for such an act as may, in their judgment, afford the greatest possible protection of the elective franchise against all frauds of all sorts whatsoever.

Mr. McClernand moved to amend the resolution by striking out all after the word "Resolved," and insert as follows:

"That so much of the Governor's message as relates to the elective franchise, and the frauds which have been committed in this and other States in relation thereto, be referred to a joint select committee, consisting three members of the Senate, and five members of the House of Representatives, who shall institute an investigation into the frauds which may have been perpetrated at the recent election in this State, collect, as far as possible, the evidences and instances thereof, and report a summary of the same, with their opinion thereon."

The vote being taken on the proposed amendment, It was decided by yeas and nays in the affirmative, as follows:

Those who voted in the affirmative, were,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logazn,

35

Mc Clernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Peck Prentice, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheel White, Wilson, Wood, and Mr. Speaker — 48.

Those who voted in the negative, were,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Carpenter, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Ed wards, Emmerson, Francis, Froman Funk, Gillespie, Hardin, Henderson, Hall, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. and Woodson — 40.

The question then recurring on the passage of the resolution as amended the yeas and nays being called,

It was decided in the affirmative, as follows:

Those who voted in the affirmative, were,

Messrs. Able, Alcher, Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lesser, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Oliver, Orms bee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, White, Wilson, Wood, and Mr. Speaker — 51.

Those who voted in the negative, were,

Messrs. Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. and Woodson — 33.

Ordered, That Messrs, McClernand, Dodge, Drummond, Wheeler, and Edwards be the committee on the part of the House,

On motion of Mr. Dougherty,

Resolved, That the Secretary of the Board of Public Works communicate to this House what amount of drafts have been issued by the Board of Public Works. To whom payable and what amount to each person; also, whether the Board of Public Works is now prosecuting any of the public works in this State, and if so, what works, and whether any of said works have been let to contractors since the last session of the Legislature, and if so, what works, and the amount for which they are let, also, what disposition has been made by them of the property of the State, which was not wanted for immediate use for internal improvements, to whom sold, and for what amount sold.

On motion of Henderson,

Resolved, That the Committee on the Judiciary be instructed to enquire whether the eleventh or twelfth General Assembly should have convened under the late Proclamation of his Excellency, the Governor of Illinois; and whether, if the Legislature as at present organized be legal and constitutional, it should not adjourn sine die, on some day previous to the 1st Monday in December next, and be called a special session; and the regular session of the twelfth General Assembly commence its session on said first Monday in December agreeably to our State

36

constitution; and that said committee make report thereon at the earliest practicable period.

Mr. Ormsbee offered for adoption the following resolution.

Resolved, That the Committee on Finance be instructed to enquire in the expediency of repealing all laws creating and authorizing the system of internal improvements of this State, and of enacting such other laws as will authorize the sale of all the works and property of every description there unto belonging; which was

On motion of Mr. Parsons,

Laid on the table.

On motion of Mr. Mc Clernand,

Resolved, That the Board of Public Works be requested to furnish this House without delay, a full and perfect statement of the amount of property now on hand, whether real or personal, purchased on account of the system of internal improvements, embracing lands, lots, depots, offices shops, iron, and the varieties thereof, timbers, locomotives, tools and mechanical implements, where they are, and the expediency of selling them with their opinion of the sum they would bring upon sale, and how far the proceeds of such sale would go towards paying the interest to be due and payable on the debt incurred on account of the system of internal improvements on the 1st January next.

On motion,

The House adjourned.

Monday, November 30,1840.

House met pursuant to adjournment.

Mr. Prentice presented the petition of Nathan Low, of Shelby county praying for the remission of a fine incurred by him for setting fire to the prairie, which was read, and on his further motion, referred to the committee on the Judiciary.

Mr. Parsons presented the petition of sundry citizens of Pike county praying for the vacation of part of the town plat of the town of Griggsville which was, on his motion, referred, without reading, to a select committee.

Ordered, That Messrs. Parsons, Lester, and McDonald be said committee.

Mr. Murphy of Cook offered for adoption the following resolutions;

Resolved, That a joint select committee of three from the House of Representatives, and two from the Senate, be appointed, whose duty it shall be to repair to Lockport, at an early period after the adjournment of the Legislature, and investigate the whole proceedings of the Commissioners of the Illinois and Michigan Canal.

Resolved, That it shall be their duty to enquire into the amount of expenditures of money on said work, and the various objects for which such expenditures were made, whether direct or contingent.

Resolved, That they be instructed to examine the cost of all offices warehouses, or other buildings, the property of the State, and of all roads constructed on said work, from the canal funds; whether the interest of

37

State, or the necessities of the canal demanded such buildings or expenditures, and whether they were not constructed at exhorbitant prices.

Resolved, That they examine into the number of engineers, assistants, rodmen, clerks, and other persons employed by said Commissioners; also, the duties performed by them, and whether a reduction may not be made, both in the number and salaries, without detriment to the public interest.

Resolved, That it shall be their duty to ascertain whether the proceedings of the Commissioners have been in conformity with the provisions of law; whether public notices have always been given previous to the let-ting of contracts; whether contracts have been given, at high prices, to favored individuals, without public notice or competition; whether favor, partiality, or political motives have governed the Commissioners in the measurement of work, and payment of estimates; and, whether loss to State, and the ruin of individuals have not resulted from such practices.

Resolved, That they be also instructed to hear all complaints made by contractors against said Commissioners, and to report these and such other facts respecting the affairs of the canal as they shall be able to elicit, at the next session of the Legislature; and for this purpose they shall have power to send for persons and papers, and examine witnesses on oath.

Mr. Minshall offered the following amendment:

To strike out in the first resolution all after the word "Lockport," to the word "investigate," and insert the word "immediately."

On motion of Mr. Charles,

The resolutions and amendment were laid on the table.

Mr. Dougherty offered for adoption, the following resolution:

Whereas, For the construction of the Illinois and Michigan Canal, and the system of internal improvements in this State, we have heretofore contracted debts to a considerable amount, therefore,

Resolved, That we will use all legal and constitutional means to maintain the credit of this State, by promptly paying the same, and interest accruing thereon, as the same becomes due.

Mr. Cavarly moved to strike out, in the foregoing resolution, all after the word "resolved," and insert as follows:

"By the House of Representatives, the Senate concurring herein, That whereas, the magnitude of our State debt, and the withering and blighting influence which it now has, and must continue to have, upon the credit of our State, and the prosperity of our citizens, we feel it due to ourselves that some immediate action be had as to the position which the Legislature intends to assume in reference to the accruing intereSt. and the ultimate extinguishment of the debt itself; therefore,

"Resolved, That relying upon the patriotism of the people, and the future resources of our State, we hereby pledge ourselves to make every reasonable effort, short of an increased direct tax upon the people, to meet the interest on the State debt as it falls due, and thus preserve the honor and credit of our State unsullied before our sister States and the world." which resolution, with the proposed amendment, was,

On motion of Mr.Kitchell,

laid on the table.

Mr. Kitchell offered for adoption, the following resolutions:

Resolved, That the embarrassed financial concerns of the State of

38

Illinois forbid any farther prosecution of the present system of internal improvements at this time, and that the interest of the people requires an immediate suspension of all its works, except on the Illinois and Michigan Canal.

Resolved, That the Committee on Internal Improvements be instructed to enquire into the expediency of disposing of any or all parts of improvements made by the State upon railroads and rivers, to counties, companies, or individuals, upon such just and proper terms as may be for the interest of the people, without any further expenditures by the State, and that they report by bill or otherwise.

Resolved, That the Committee on Banks be instructed to enquire into the transaction between Thomas Mather, and Charles Oakley, the former Fund Commissioner of the State of Illinois, with the "State Bank of Illinois," and the "Bank of Illinois," on the subject of the sale of the bonds of the State to those institutions to the amount of $2,665,000 as reported by said Commissioners in 1838; and if upon such examination, it shall appear that the said Banks, or either of them, have not complied with the provisions and intent of an act entitled "an act to increase the capital stock of certain banks, and to provide means to pay the interest on a loan authorized by an act entitled an act to establish and maintain a general system of internal improvements," approved March 4, 1837, or if it shall appear that either of the said banks have not paid the purchase money, or that the whole, or any part of said bonds so reported to have been sold, have not been paid for, then the said committee are instructed to report a bill to enable the State to compel a return of said bonds, and that when recovers the same be cancelled.

Resolved, That the Committee on the Judiciary be instructed to report a bill prohibiting the issuing of any written evidence of State debt in such form that the same may be transferred by delivery or endorsement.

On motion of Mr. McClernand,

The foregoing resolutions were referred to a Committee, of the Whole House, and made the order of the day for Thursday next.

On motion of Mr. Bentley,

Resolved, That a joint select committee of three on the part of the House, and two on the part of the Senate, be appointed to enquire into the expediency of repealing all laws providing for the removal of the Seat of Government from Vandalia to Springfield, and to provide for the removal of the Seat of Government back to Vandalia, until the State debt is paid, and that they report by bill or otherwise.

Ordered, That Messrs. Bentley, Hankins, and Bradford be the committee on the part of the House.

On motion of Mr. McClernand,

Resolved, That the Fund Commissioner be required to report to this House without delay, generally in relation to the financial affairs of the State as connected with the system of internal improvements; and also what provision he has made, if any, for the payment of the interest to be due and payable on the internal improvement debt, on the 1st day of January next.

Mr. Peck, from the Committee on Finance, reported a bill for "An act to provide, for the payment of the interest on the public debt;" which was read the first time, and

Ordered, to a second reading.

39

Mr. Kitchell moved to take up a bill for "An act to amend an act ap-proved February 10, 1840, to provide for the settlement of debts and liabilities."

Mr. Webb moved an adjournment: the yeas and nays being called for,

It was decided in the negative, as follows:

Those voting in the affirmative, are,

Messrs. Able, Barnett, Dougherty, Hankins, Hardin, Henderson, Hicks, Hull, Kitchell, Logan, McClernand, McLean, Menard, Minshall, Murphy of Cook, Oliver, Peck, Phillips, Waters, Webb,Wood, and Mr. Speaker — 21.

Those voting in the negative, were,

Messrs. Archer, Bailey, Baldwin, Beall, Bennett, Bentley, Bissell Blackrnan, Bradford, Brown of Vermilion, Bussy, Canady, Carpenter, Cavarly, Charles, Courtright, Cox, Crain, Darnielle, Denny, Dodge, Dollins, Drummond, Edwards, Emmerson, English, Francis, Froman, Funk, Gillespie, Gridley, Humphrey, Kelly, Kitchell, Leary, Laughlin, Lester, McClurken, McDonald, McGinnis, Marshall, Moore, Munsell, Murphy of Perry, Odam, Ormsbee, Parsons, Phelps, Prentice, Reynolds, Ross, Scott, Shepley, Thornton, Threlkeld, Troy, Trumbull, Turney, WeSt. Wheeler, Wilson, and Woodson — 62.

When,

On motion of Mr. Trumbull,

The House adjourned until 2 o'clock.

Two O'Clock, P. M.

House met pursuant to adjournment.

Bill for "An act to amend ‘An act approved February 1St. 1840 to provide for the settlement of debts and liabilities;’" was read the second time, when

Mr. Dougherty moved to commit the same to the Committee on Internal Improvements; which was not agreed to, by yeas and nays, as follows:

Those voting in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bradford, Brown of Vermilion, Canady, Charles, Cox, Crain, Cunningham, Darnielle, Denny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Funk, Gridley, Hardin, Henderson, Hull, Kelly, Leary, Lincoln, Logan, McLean, Menard, Minshall, Murphy of Cook, Peck, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, and West — 43.

Those voting in the negative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpenter, Cavarly, Courtright, Dodge, Dollins, English, Gillespie, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Lester, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Munsell, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Prentice, Ross, Scott, Shepley, Trum-bull, Turney, Waters, Wheeler, White, Wilson,Woodson, Wood, and Mr. Speaker-44.

Mr.Trumbull moved to amend the bill by adding the following sections

"SEC. 2. It shall be the duty of the Governor to appoint an agent to whom the Board of Public Works shall forth with deliver all books,

40

vouchers, and papers of every kind and description pertaining to their office and all property of every kind and description in their possession, or under their control, which belongs to the State."

"SEC. 3. It shall be the duty of said agent to take the charge, and pre serve from waste and destruction, all and every species of property delivered to him as aforesaid, until otherwise provided by law; and all engineers, agents, superintendents, clerks, assistants, or other officer or officers now in the employment of the Board of Public Works, or any member thereof, are hereby discharged, and all laws, or parts of laws, providing for their compensation, be, and the same are hereby, repealed."

Mr. Hardin moved to amend the proposed amendment by adding the following section:

"SEC. 4. Be it further enacted, That the act entitled "An act to establish and maintain a general system of internal improvements," approved February, 1837, and all acts supplemental or amendatory thereto, be and the same are hereby, repealed; Provided,however, That nothing herein contained shall be construed to deny the obligation of the State to pay all debts legally contracted under said laws by the officers of this State;"

Which last proposed amendment, was,

On motion of Mr. Trumbull,

Laid on the table, by yeas and nays, as follows, viz:

Those voting in the affirmative, are,

Messrs. Able, Barnett,Beall,Bentley,Bissell,Blackman, Bradford,Brown of Vermilion, Bussy, Canady, Cavarly,Courtright,Crain,Darnielle, Dodge, Dougherty, Drummond, Dunlap, Edwards, Froman, Funk, Gillespie, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cuok, Murphy of Perry, Oliver, Ormsbee, Parsons, Peck, Phelps, Prentice, Scott, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 56.

Those voting in the negative, are,

Messrs. Archer, Bailey, Baldwin, Bennett, Carpenter, Charles, Cox, Denny, Dollins, Emmerson, English, Francis, Gridley, Hardin, Hender-son, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Odam, Phillips, Reynolds, Ross, Shepley, Thornton, Threlkeld, Troy, Waters, WeSt. and Woodson — 31.

When the vote recurring on the amendment proposed by Mr. Trumbull,

It was decided in the affirmative, by yeas and nays, as follows:

Those voting in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpen ter, Cavarly, Courtright, Dodge, Dollins, Dunlap, Edwards, English, Gil lespie, Hankins, Hicks, Humphrey, Kelly,KitcheIl, Laughlin, Leary, Les ter, McClernand, McClurken, McDonald, McGinnis, Marshall, Minshall Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Ormsbee Parsons, Peck, Phelps, Prentice, Ross, Scott, Shepley, Threlkeld, Trum hull, Turney, Waters, Wheeler, White, Wilson, Woodson, and Mr. Speaker — -51.

Those voting in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bradford, Brown of ver milion, Canady, Charles, Cox, Grain, Cunningham, Darnielle, Denny,

41

Dougherty, Drurmmond, Emmerson, Francis, Froman, Funk, Gridley, Hardin, Henderson, Hull, Lincoln, Logan, McLean, Menard, Oliver, Phillips, Reynolds, Thornton, Troy, WeSt. and Wood — 35.

Mr. Hardin moved to amend the bill by adding the following proviso, to wit:

"Provided, however, That the agent hereby authorized to be appointed, shall give bond to the Governor of this State, and his successors in office, in the sum of twenty thousand dollars, conditioned for the faithful performance of his duties under this act, and the compensation of such agent shall not exceed dollars for each day he may be bona fide engaged in the service of the State, and said agent shall not have power to appoint other agents without the consent of the Governor;" which proposed amendment Mr. McClernand moved to lay on the table; which was not agreed to, by yeas and nays, as follows:

Those voting in the affirmative, are,

Messrs. Bentley, Bussy, Carpenter, McClernand, Trumbull, Turney, and Wood — 7.

Those voting in the negative, are,

Messrs Able, Archer, Baldwin, Barnett,Beall, Bennett, Bissell, Blackman, Bradford, Brown of Vermilion, Canady, Cavarly, Charles, Courtright, Cox, Crain, Cunningham, Darnielle, Denny, Dodge, Dollins, Dougherty, Drummond, Dunlap, Edwards, Emmerson, English, Francis, Froman, Funk, Gillespie, Gridley, Hankins, Hardin, Henderson, Hicks, Hull, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Lincoln, Logon, Mc-Clurken, McDonald, McGinnis, McLean, Marshall, Menard, Minshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Peck, Phelps, Phillips, Prentice, Reynolds, Ross, Scott, Shepley, Thornton, Threlkeld, Troy, Waters, WeSt. Wheeler, White, Wilson, Woodson, and Mr. Speaker, — 78.

Mr. Dougherty moved to amend the amend merit by striking out "twenty thousand," in the proviso, and inserting "two hundred thousand."

A message from the Senate, by Mr. Berry, their Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have unanimously adopted the following preamble and resolution, viz:

"In as much as it has been represented that the State of Illinois would, at this session of the Legislature, repudiate her contracts, although fairly entered into, and be unwilling, as well as unable, to pay the interest on her loans, therefore,

Resolved by the General Assembly of the State of Illinois, That we consider all contracts made in pursuance of law by our agents, when the consideration has been received, as valid and binding upon the people of the state of Illinois, and that common honesty and the honor of the State, demand a strict and punctual fulfillment on our part in every particular, as we should expect and require the same of individuals or corporations with whom contracts may have been made"

In the adoption of which they ask the concurrence of the House of Representatives.

The House then adjourned.

42

Tuesday, December 1, 1840.

House met pursuant to adjournment.

Mr. Denny presented the petition of Nathaniel Sanburn, praying for the right of minors to sell lands; which was on his motion, read and referred to a select committee.

Ordered, That Messrs. Denny, Ross and Thornton be said committee.

Mr. F. A. Olds, Representative from Macoupin county appeared, was, qualified and took his seat.

Mr. Peck from the select committee to which was referred the petition; of Samuel Hoard, reported a bill for an act "to extend the time of taking, an enumeration of the inhabitants of this State," which was read a firSt. time, and

Ordered to a second reading.

On motion of Mr. Murphy of Cook,

The rule of the House was dispensed with, and the bill now read a second time by its title, and

On motion of Mr. Peck,

Amended by striking out "20th day of December" in last line, and inserting "1st day of January," when the bill was

Ordered to be engrossed for a third reading.

On motion of Mr. Gridley,

Resolved, That a joint select committee of three on the part of the House of Representatives, and two on the part of the Senate, be appointed to investigate the official acts and doings of the Board of Public Works, and report as early as practicable.

Ordered, That Messrs. Gridley, Charles, and Hicks be the committee on the part of the House, and that the Clerk be directed to inform the Senate of the passage thereof, and ask their concurrence therein-

On motion of Mr. Ormsbee,

The following preamble and resolution was adopted.

Whereas, an act of the Legislature of this State, authorizing an appropriation for the completion and furnishing of the State House at Spring field, approved January l2th, 1839, requires that all orders of the treasury issued in favor of the State House Commissioners shall be deposited by them in the State Bank.

And whereas, the said Commissioners by the same act are required to make orders or checks on said Bank (to the amount of said orders so de posited) in favor of "all persons to whom money may be due." Therefore

Be it resolved, That the said Commissioners without delay, furnish this House with a statement of the aggregate amount of all orders and checks by them made in conformity to said act upon said Bank, and accompany said statement with a list of the names of all persons, in favor of whom said orders and checks have been made, and the items of consideration for which the same were given with the verifying Vouchers.

On motion of Mr. Hardin,

Resolved, That the Governor be requested to inform this House at what time the first instalment of ten thousand pounds sterling due by Messrs. Wright & Co., under the contract made with them by the Hon. R. M. Young, for the Illinois and Michigan Canal Fund, was received by the said R. M. Young.

43

Also where has said sum of money been deposited since it was received, if with banks, what banks? and if with brokers, what brokers?

Also, what amount of premiums, exchange and interest have been received by the said agents on said first installment.

Also whether said first installment of ten thousand pounds sterling, and the intereSt. exchange and premiums, which have been received from the same have ever been paid to the Canal Commissioners; and if not, the reasons why the same has not been done.

Also whether the agents of the State who had the charge of said sum of money refused to pay over the same to the Canal Commissioners when requested by them, and if so, the reasons for refusing so to do; and

Also, the reason why said sum of money was not placed at the disposal of the Canal Commissioners as soon as the same was received.

Resolved, That if the agent or agents appointed by the Governor have not communicated to him the information above desired, that he be requested to send a copy of these resolutions to the Hon. R. M. Young, and the Hon. John Reynolds, (agents appointed to negotiate a loan for the Illinois and Michigan Canal,) with instructions to them to answer the same.

Mr. Dodge offered for adoption the following resolution:

Resolved, That the select committee appointed to examine into the conduct of the Internal Improvement Commissioners have power to send for papers and persons, and examine all witnesses on oath; which was

On motion of Mr. Hardin,

Laid on the table.

A message from the Senate, by Mr. Richardson, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have concurred with them in the adoption of a resolution, having for its object the raising of a joint select committee to investigate the frauds alledged to have been committed at the recent elections in this State, and report thereon; and have appointed Messrs. Ralston, Davidson and Richardson the Committee on their part.

They have also adopted the following resolution, in the adoption of which they ask the concurrence of the House.

Resolved by the Senate, the House of Representatives concurring herein, That a joint select committee of five, two on the part of the Senate, and three on the part of the House be appointed, whose duty it shall be to prepare and report a memorial to Congress in favor of establishing a Marine Hospital at the City of Cairo, in the county of Alexander, in the State of Illinois, and have appointed Messrs. Hacker and Baker the committee on the part of the Senate.

The House adjourned until 2 o'clock.

Two O'Clock, P. M.

House met pursuant to adjournment.

The bill for "An act to amend an act, approved February 1St. 1840," to provide for the settlement of debts and liabilities, again coming up consideration.

Mr.Woodson moved to amend the original bill by substituting the following:

44

SEC. 1. That all acts authorizing the election of a Board of Public Works, and for providing compensation to the commissioners of said Board, their Clerks and Secretaries be, and the same are hereby repealed from and after the 15th day of December, 1840.

SEC. 2. Be it furher enacted, That the Commissioners of the Board of Public Works shall by the said 15th day of December, 1840, deliver over to the Fund Commissioner of the State, all money, books, papers, profiles, maps, and plats of all kinds, pertaining to their respective offices, and that they also deliver over to said Fund Commissioner, all property of every description in their possession belonging to the State for the construction of railroads or other works.

SEC. 3. Be it further enacted, That it shall be the duty of the Fund Commissioner to audit, adjuSt. and settle the accounts of said commissioners, and in case they or either of them shall be indebted to the State, to cause suit or suits, to be instituted upon their official bonds.

SEC. 4. Be it further enacted, That the Fund Commissioner be, and he is hereby authorized to adjust and settle all claims of contractors and others against the State, on account of the internal improvement system as the Commissioners of the Board of Public Works are now authorized to do by law.

SEC. 5. Be it further enacted, That all officers, agents; and others appointed by the Board of Public Works, who may have property of any kind in their possession, shall deliver the same without delay to the Fund Commissioner, and the salaries and compensation of said officers and agents shall cease and determine from the passage of this act.

SEC. 6. Be it further enacted, That all laws or parts of laws authorizing the issuing of State scrip, be, and the same are hereby repealed.

A message from the Senate, by Mr. Berry, their Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted the following resolution, viz:

Resolved, by the Senate, the House of Representatives concurring herein, That so much of the Governor's message as relates to the proposition of Mr. Calhoun to cede the public lands to the several States in which they lie, be referred to a joint select committee of five, consisting of two on the part of the Senate, and three on the part of the House of Representatives, to draft a memorial to Congress, praying the passage of a law, having for its object the proposition of that Senator, and also instructing our Senators, and requesting our Representatives in Congress to use their endeavors for the passage of the said law with due and proper modifications to protect the interest of the new States; and have appointed Messrs. Pearson and Hacker the committee on their part.

In the passage of which they ask the concurrence of the House of Representatives.

Mr. Bentley moved to lay the above amendment offered by Mr. Woodson on the table; which was agreed to.

On motion of Mr. Charles,

The bill with amendments were referred to the Committee on Internal Improvements, by yeas and nays as follows:

Those voting in the affirmative, are,

Messrs. Bailey, Beall, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Crain, Cunniugham,

45

Darnielle, Denny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Funk, Gridley, Hardin, Henderson, Hull, Leary, Lincoln Logan, McLean, Menard, Minshall, Murphy of Cook, Parkinson, Peck, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Turney, Webb, WeSt. and Mr. Speaker — 46.

Those who voted in the negative, are,

Messrs. Able, Baldwin, Bentley, Bissell, Bussy, Carpenter, Cavarly, Courtright, Dollins, English, Gillespie, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Lester, McClernand, McClurken, McDonald, McGin-nis, Marshall, Moore, Munsell, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Prentice, Ross, Scott, Shepley, Trumbull, Waters, Wheeler, White, Wilson, and Woodson — 40.

The bill for "An act extending the navigation of the Bon Pas Creek," was read the second time, and

Ordered to be engrossed for a third reading.

A bill for "An act to provide for the payment of interest upon the public debt;" was read the second time, when,

Mr. Hardin moved to amend the bill by adding the following proviso:

Provided however, That the said State bonds shall not be hypothecated for less than seventy cents to the hundred, and said bonds shall not be hypothecated for a less term than three years, during which time the State shall have the privilege of redeeming said bonds.

Mr. Bentley moved to refer the bill and proposed amendment to a select committee of five: which was not agreed to.

Mr. Kitchell moved to lay the bill and proposed amendments on the table; which was not agreed to.

Mr. Kitchell moved that the House adjourn; which was not agreed to; when,

On motion of Mr. Cavarly,

The bill and proposed amendments were referred to a committee of the Whole House, and made the order of the day for to-morrow.

The House adjourned.

Wednesday, December 2, 1840.

The House met pursuant to adjournment.

Mr. Crain from the Committee on Engrossed Bills, reported as correctly engrossed a bill for "An act, to extend the time for taking an enumeration of the inhabitants of this State."

Mr. Edwards from the Committee on Internal Improvements, to which was referred "An act to amend an act, approved February 1St. 1840, to provide for the settlement of debts and liabilities;" reported the following as a substitute for the original bill.

SEC. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That so much of "An act to provide for the settlement of debts and liabilities incurred on account of internal improvements in the State of Illinois," approved February 1St. 1840, as provides for the election of a Board of Public Works, and the appointment of their Clerks and Secretaries, be, and the same is hereby repealed after the fifteenth day of December, 1840.

46

SEC. 2. Be it further enacted, That the said commissioners shall by the said fifteenth day of December, deliver over to the Treasurer of the State of Illinois, all books, records, papers, maps, plats, profiles, accounts, or other papers in their possession. Also, all property of every descrip tion in their possession pertaining to their respective offices connected with the system of internal improvements. And it shall be the duty of the Treasurer to take charge of the same.

SEC. 3. Be it further enacted, That it shall be the duty of the Treasurer to audit, adjuSt. and settle, the accounts of the said commissioners, and in case any member of said board shall be found in arrear to the State, it shall be his duty to cause suit forthwith to be instituted against such person.

SEC. 4. Be it further enacted, That the compensation of all engineers, agents and other persons in the employment of the Board of Public Works, shall cease and determine at, and upon the passage of this act.

SEC. 5. Be it further enacted, That no State scrip or draft shall be issued after the passage of this act.

SEC. 6. Be it further enacted, That the Treasurer of the State for the faithful discharge of the duties imposed upon him by this act, shall give bond to the people of the State of Illinois, with one or more good securities, to be approved by the Governor in the penalty of twenty thousand dollars.

SEC. 7. Be it further enacted, That the Treasurer is hereby authorized to appoint one agent to take charge of such parts of railroads as may be completed, and all the cars, engines, and all other things belonging to said roads, until otherwise provided for bylaw; which was concurred in, and

Ordered to be engrossed for a third reading.

On motion of Mr. Hardin,

The following resolution was taken up for consideration.

Resolved, That no reports or other communications presented to the House, shall be entered on the journals, and printed, except the Auditors and Treasurers Reports, and reports from standing or select committees, unless by special order of the House, but the same shall be filed by the Clerk, and so entered on the journal; which,

On motion of Mr. Murphy of Cook,

Was referred to the Committee on Public Accounts and Expenditures.

Mr. Lincoln offered for adoption the following resolution:

Resolsed, That the Committee on Education be instructed to enquire into the expediency of providing by law for the examination as to the qualification of persons, offering themselves as school teachers, that no teacher shall receive any part of the public school fund, who shall not have successfully passed such examination, and that they report by bill or otherwise.

Mr. Bentley moved that the foregoing resolution be, laid on the table, which was decided in the negative by yeas and nays ,as follows:

Those who voted in the affirmative, are,

Messrs. Able, Barnett, Bentley, Blackman, Brown of Vermilion, Bussy Carpenter, Courtright, Cox, Crain, Cunningham, Dollins, Emmerson Funk, Green, Hankins, Hicks, Laughlin, Leary, Lester, Logan, McClur ken, Menard, Minshall, Moore, Odam, Olds, Oliver, Ormsbee, Phillips,

47

Reynolds, Scott, Shepley, Threlkeld, Waters, Webb, Wheeler, White, Wilson, Wood — 40.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Beall, Bennett, Bissell, Brown of Sangamon, Canady, Cavarly, Charles, Darnielle, Denny, Dodge, Dougherty, Drummond, Dunlap, Edwards, English, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Humphrey, Kitchell, Lincoln, Mc-Donald, McGinnis, McLean, Marshall, Munsell, Murphy of Cook, Murphy of Perry, Parkinson, Parsons, Peck, Phelps, Prentice, Ross, Thornton Troy, Trumbull, Turney, WeSt. Woodson, and Mr. Speaker — 49.

On motion of Mr. Turney,

Resolved, That the Committee on Education be instructed to inquire into the expediency of distributing the school fund among the several counties of the State, according to the numbers of white inhabitants in each under twenty years of age, and that they report by bill or otherwise.

Mr.Froman offered for adoption the following resolution:

Resolved, That the Committee on Finance be instructed to report a bill to this Mouse within the next two days, fixing the per diem allowance of the members of the present General Assembly of this State at three dollars per day, and reducing the salaries of all officers and agents, whose salaries are fixed by this General Assembly, at least one-fourth.

Mr. Charles moved to strike out of the foregoing resolution all after the word "resolved," and insert as follows:

That a select committee be appointed to enquire into the expediency of reducing the fees and compensation of all officers under the laws of this State; which was agreed to, and the resolution as amended was adopted. Ordered, That Messrs. Charles, Marshall and Ormsbee be said committee.

On motion of Mr. Ross,

Resolved, That the Committee on Education be instructed to enquire into the expediency of so amending the laws of this State, in relation to school commissioners, as to make the same elective by the people of the several counties, and that they report by bill or otherwise.

On motion of Mr. Gillespie,

Resolved by the House of Representatives, the Senate, concurring herein, That a joint select committee of three on the part of the House, and two on the part of the Senate, be appointed to confer with the President and Directors of the Bank of the State of Illinois, and to ascertain whether, and upon what terms a loan can be obtained from said bank of a sum of money sufficient to pay the interest upon the internal improvement debt, which shall become due on the first Monday in January next, and that they make report of their proceedings herein without delay.

Ordered, That Messrs. Gillespie, Bissell, and Lincoln be that committee.

On motion of Trumbull,

Resolved, That the Fund Commissioner be requested to furnish this House as soon as practicable with a statement showing the amount of interest which will tall due on the State debt on the first of January next, and to meet which no means have been provided on what account or

48

contracts said interest will be due, also the quantity and cost of railroad iron now in the United States, and where deposited.

On motion of Mr. White,

Resolved, That the Committee on the Militia be instructed to examine the militia law, and make such alterations or amendments as they may in their wisdom think proper, and report to the House as soon as convenient.

On motion of Mr. Logan,

Resolved, That the Committee on Canals and Canal Lands be instructed to enquire into the expediency of stopping all proceedings on the canal for the present, and that they report by bill or otherwise.

Mr. Shepley, on leave, introduced a bill for an act, "to amend an act exempting certain articles from execution, in addition to those already exempt by the laws of this State;" which was read a first time, and

Ordered to a second reading.

The Speaker laid before the House a communication from the Fund Commissioner; which was read, and

On motion of Mr. Webb,

Laid on the table.

A message from the Senate by Mr. Berry, their Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed a bill entitled "An act, to provide for the manufacture of Salt at the Gallatin Saline," in the passage of which, they ask the concurrence of the House of Representatives.

The House adjourned until 2 o'clock, P. M.

OFFICE OF FUND COMMISSIONER,

Springfield, Dec. 1, 1840.

To the Hon. the SPEAKER of the House of Representatives:

SIR: In obedience to a resolution of the Senate, bearing date on yesterday, requesting a report of the success of my negociations, the amount of interest due 1st of January, 1841, and the available means to pay it, has just reached me, or I should have given it an earlier answer.

The amount of bonds sold on account of bank stock, $2,665,000
On account of Internal Improvements, $3,187,000
Total, $5,852,000

Upon this sum interest will be required on the 1st January, 1841, which will amount to $175,560.

Of the above bonds $300,000 were sold to three banks at Buffalo, New York; and under their contracts an interest account was to have been kept, and no coupons presented for payment until the last payment was made. They have, however, passed the bonds, and some, if not all of the coupons, were presented for the intereSt. and will no doubt be presented in future.

In July, I thought of refusing to pay them; but on consulting my counsel, and various friends in New York, it was concluded that when passed into the hands of innocent purchasers the State had no right to refuse to pay them.

Messrs. Wright & Co. of London, have sold about $250,000 worth of

49

bonds the money arising from the sale of which went to pay our interest the 1st January, 1840, and advancements previously made by the Bank of the United States to the Fund Commissioners, they (Messrs. Wright & Co.) have also delivered over to Thompson & Forman, for railroad iron, bonds to the amount of the iron which has been shipped; but what amount of bonds they have paid over I am not yet informed. Messrs. Wright & Co., however, inform me that they will provide the interest on the bonds they have disposed of.

The State has due her —

From Mr. Delafield, over and above intereSt. about — — — — — — — — — — — — $412,000
From the City Bank of Buffalo, and the Tonawanda Bank, taken from Delafield, about — — — — — — — — — — — — — — — — — — 21,000
From A. H. Bangs & Co. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 50,000
From the Bank of Commerce at Buffalo — — — — — — — — — — — — — — — — — — — — 90,000
From the Erie County Bank — — — — — — — — — — — — — — — — — — — — — — — — — — — — 67,500
From the Commercial Bank, about — — — — — — — — — — — — — — — — — — — — — — — 33,000
Total,               $673,500

Since my report of August laSt. the Commercial bank of Buffalo has paid me in State scrip, about $57,000 — thus reducing her debt, then $90,000 to $33,000. The Erie County Bank, I understand, has scrip, and intends paying her debt in it likewise.

I have no idea we shall realize in money any thing from the above debts in time for our intereSt. due 1st January, 1841.

That I might report fully in relation to the above debts, and ascertain the chances and best mode of obtaining money to pay our January intereSt. and the freights, duty, and charges on the railroad iron, in progress of shipment to New Orleans, by Thompson & Forman, of London, under their contract with the late Fund Commissioners, I was induced to visit New York, just before the time of your convention.

We have obtained an injunction against Mr. Delafield; and from what Mr. Ruggles,our counsel, had written me, I was in hopes a favorable compromise could have been effected. On sounding him, however, he offered only 75 per cent. of the claim in the merest trash that you can imagine — worse than his offers to me last summer, which were reported in my correspondence with him. From all that I can learn of the situation of Mr. Delafield, I do not believe he is able to pay the whole debt; and unless, in a compromise, he can swindle the State out of enough to make himself comfortably rich, I think he is disposed to keep all. I fear the law cannot force from him justice to the State; and I believe more can be gotten from him in a compromise than in any other way. But still whoever makes the compromise, must suffer him to make a hundred or two thousand dollars, or nothing can be effected. Without direct authority from the honorable Legislature, I was not disposed to give him so large a bonus, and therefore could effect nothing.

No part of the debt of $50,000, due from A. H. Bangs and others, has been paid. Pratt, one of the parties, offers 15 bonds in full discharge of his obligation; and our only hope of doing better is to implicate the stockholders and directors of the Onandago Bank. Our attorneys are

50

in hopes they can be made liable, and are now in search of information for that purpose.

The Bank of the United States has agreed to advance freights, &c. &c. on railroad iron, up to the 1st February next, if she can be repaid Such advances at that time. I placed in her hands 100 bonds as a guaranty that her advances should be paid, as I thought it out of the question that the iron of a sovereign State should be sold for its freight and charges.

I found money in New York more in demand, and more difficult to obtain, than it was a month or two ago. Our only chance of obtaining money for our January interest will be by hypothecation of Bonds on temporary loans of four or six months, or by sale of the bonds at what they are worth in the market. Our bonds are now worth from 76 to 80 per cent., a little less than they were worth a short time since. All other stocks, however, have suffered the same depreciation, and it is at tributed to the preparation of the Banks to resume specie payments, and the unsettled and belligerent attitude of the leading powers of Europe.

Messrs. Nevins, Townsend, & Co. of New York, whom I have always found to be the steady and efficient friends of our State, kindly promised to try and procure for me the January intereSt. and the advances of the Bank of the United States, if the honorable Legislature would authorize temporary loans. These same gentlemen advanced to me for the State Bank of Illinois $50,000, to pay our last July interest; this sum is still unpaid, and I hope provision will be made for its payment.

Our State will be entitled to the next semi-annual dividend on her Bank stock, which will probably be about $90,000. We are indebted however, to the State Bank the above named $50,000, and to the Bank of Illinois about $238,000 or $240,000, for advances made a year or two ago. Whether the Banks shall retain the next dividend or not is for the honorable Legislature to say.

I hope the honorable Legislature will adopt at once, and, if possible unanimously, a resolution that the Honor and Credit of the State can ought and shall be maintained; and that authority be given to some person to provide, on the most advantageous terms, the January intereSt. and the money necessary to pay freights and charges on the railroad iron now in progress of shipment; this done, the manner by which subsequent interest shall be paid, can then be discussed and agreed upon. If our in terest in January and July next be punctually paid, and some policy adopted by which it can be paid afterwards, I have no doubt our Bonds will immediately rise in value, and ultimately command a higher price than they have ever done.

Since the above report was in part written, the following resolution of your honorable body has been handed to me:

SENATE CHAMBER, Nov. 30,1840

R. F. BARRETT, Esq.

SIR; — The following resolution was this day adopted by the Senate, viz:

"Resolved, That the Fund Commissioner be required to report forth with to the Senate, whether or not the $50,000 in the hands of Judge Young and Gov. Reynolds at the date of his report of August 20,1840 has been by those gentlemen or either of them, paid over to the Fund Commissioner; and if not paid, whether or not the Fund Commissioner

51

has made demand for the same, and if demanded and not paid, what reasons were offered for refusing to pay; and also, if within the knowledge of the Fund Commissioner, how long said $50,000 has been in the hands if said Young and Reynolds, or either of them previous to his said report."

In answer to the above resolution, I have only to say, that this said $50 000 belongs to the Canal Fund of which the Governor is the fiscal agent. I have had no right to demand it, and of course never did. I understood, however, from Judge Young and Gen. Thornton, that it was drawn in February laSt. under the contract with Messrs. Wright & Co., entered into last year by Judge Young and Gov. Reynolds.

My report of August was designed to explain to the Governor, and the members elect to the Legislature, the necessity of a called session, and to prepare them for prompt action on the finances of our State. To give them a lull view of the finances upon which they would be called on to act I also gave what I knew of the Canal debt, as obtained from the public documents and other sources. I knew at the time, that it was not my province to speak of the canal and its debts, but the interest was to be provided for all the debts of the State, and it was needless to provide for one class of debts, and not for the other, I therefore, spoke of this $50, 000 in the hands of Judge Young and Gov. Reynolds, as available to the Canal Fund.

I have the honor to be,

with very much respect,

your obedient servant,

RICH'D F. BARRETT,

Fund Commissioner.

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Grain, from the committee on Engrossed Bills, reported as correctly engrossed, a bill for "An act extending the navigation of Bon Pas creek."

Mr. Henderson moved that the House now resolve itself into a Committee of the Whole House on the bill for "An act to provide for the payment of the interest on the public debt;" which was not agreed to.

Engrossed bill for "An act extending the navigation of Boa Pas creek," was read the third time,

And on the question — "Shall the bill pass?"

It was decided in the negative.

Engrossed bill for "An act to extend the time for taking the enumeration of the inhabitants of this State," was read the third time and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Message from the Senate, having for its object the appointment of a Joint select committee to draft a memorial to Congress, praying for the Passage of a law having for its object, the cession of the public lands to the States in which they lie, according to the principles of Mr. Calhoun's land bill, was read, and,

52

On motion of Mr. Minshall,

Referred to the same committee to which was referred so much of the Governor's message as relates to the same subject.

Message from the Senate in relation to State contracts, and the necessity of fulfilling them on the part of the State, was taken up for consideration, and

On motion of Mr. Trumbull,

Amended by striking out the word "although," in the third line of the preamble, and the resolutions as amended were concurred in.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence in said amendment.

A message from the Senate, having for its object the appointment of a joint select committee of two on the part of the Senate, and three on the part of the House of Representatives to memorialize Congress to establish a Marine Hospital at the city of Cairo, in the county of Alexander, in the State of Illinois, was taken up for consideration, and concurred in, and

Ordered, That Messrs. Dougherty, Murphy of Cook, and McGinnis, be the committee on the part of the House.

Ordered, That the Clerk inform the Senate thereof.

The Speaker laid before the House a communication from the Secretary of the Board of Public Works, which was read, laid on the table, and

On motion of Mr. Hardin,

Ordered, That said communication be not spread upon the journals The Speaker laid before the House a communication from the State Bank of Illinois, as follows:

STATE BANK OF ILLINOIS,

Springfield, Dec. 1, 1840

To the SPEAKER

Of the House of Representatives, of Illinois.

SIR: — I have the honor to enclose you a communication from the Directors of this Bank to the General Assembly, which you will please lay before the House of Representatives.

Very respectfully,

your obedient servant,

THOMAS MATHER,

President.

STATE BANK OF ILLINOIS,

December 1, 1840.

To the Hon.

The GENERAL ASSEMBLY of the State of Illinois.

In compliance with one of the provisions of the 12th section of the law entitled "An act to increase the capital stock of certain Banks," the Directors of the State Bank of Illinois have the honor to submit to the General Assembly, the accompanying statement of the condition of the Bank and its branches, on the 16th day of November, being the date of the last returns from some of the branches.

In making this report the Directors take occasion to state that, from the date of the present suspension of specie payments, they have made it a leading object in the management of the Bank, to keep it always prepared to resume payment simultaneously with the other Banks; and that the Bank is now, and has been for some time, ready to resume, and

53

is only awaiting the action of the banks which led the way in the suspension

A reference to the accompanying statement will show a large amount of ready means held by the Bank, and, in addition to this, a negotiation has been concluded in New York, which will place at the disposal of the Bank, in that city, a very considerable sum of money.

With this ample provision for a resumption, it is very gratifying to the Directors, to be able to state that there are strong indications that the highly desirable event of the resumption of the most of the present suspended banks will take place during the next month.

While the Bank is thus ready to recommence the payment of specie, in concert with the leading banks, the reasons heretofore submitted to the Legislature, against the attempt to pay specie by this Bank during a general suspension, still exiSt. and have an increased influence now, when the general resumption seems so near at hand.

By order and In behalf of the Directors,

THOMAS MATHER,

President.

54

STATEMENT of the Aggregate Condition of the State Bank of Illinois and Branches, Nov. 16, 1840.

RESOURCES.	LIABILITIES.	RESOURCES.	LIABILITIES.
Bills discounted	$1,707,751 17	Capital Stock, viz:
Bills of Exchange	447,040 53	Owned by the State	$2,100,000
Suspended Debt	670,397 55	" " Individuals	1,546,125
Loans on Real Estate	423,854 10	Total Capital Stock	$3,646,125 00
State Stocks	2,101,849 59	Real Estate Fund	400,000 00
Forfeited Bank Stock	2,100 00	Contingent Fund	90,000 00
Real Estate	471,995 46	Discount, Exchange, IntereSt. &c.	86,790 04
Incidental expenses	14,699 51	Notes in circulation	3,105,615 00
Balances between the Parent Bank and Branches	15,990 34	Unclaimed dividends	1,663 50
State of Illinois	193,300 05	Board of Illinois and Michigan Canal Commissioners	21,726 07
Loan to Fund Commissioner of Illinois	50,096 42	State House Commissioners	306 06
Gold and Silver coin	$599,640 04	Due to other Banks	117,893 49
Notes of other Banks	129,977 00	Individual Depositors	85,850 76
Due from Banks & Bankers, payable on demand	797,278 16
Column 1 Total	1,456,895 20
		Grand Total	$7,555,969 92

STATE BANK OF ILLINOIS, Springfield, Dec. 1, 1840.

N. H. RIDGELY, Cashier.

55

Which was read, and,

On motion of Mr. Murphy of Cook,

Laid on the table, and one hundred and fifty copies ordered to be printed for the use of this House.

The Speaker laid before the House, the following communication from the Bank of Illinois:

BANK OF ILLINOIS,

Shawneetown, 24th Nov., 1840.

To the Honorable the SPEAKER of the House of Representatives:

SIR: In compliance with the 12th section of the act entitled "An act to increase the capital stock of certain banks," &c., I have the honor herewith to furnish you with a full and complete statement of the condition and financial operations of this Bani; and Branches, on the 3d inst. On examination of which you will perceive that all the liabilities of this

Bank, except to the Stockholders, amounts to $1,400,458 50,

And that the Bank has the following means, to wit:

Specie, and notes of other banks — — — — — — — — — — — — — — — — — — — $476,402 38
Due from other banks — — — — — — — — — — — — — — — — — — — — — — — — — -$ 308,539 63
Due from Fund Commissioner, and State House loan — — — — — — — $324,234 04
Making the aggregate sum of immediate means — — — — — — — — — — -$1,109,176 05
Leaving a balance of immediate liabilities over immediate
means, of — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - $291,282 35

To meet this, the Bank has,

Bills discounted, — — — — — — — — — — — — — — — — — — — — — — — — — — — — — $1,339,215 00
Bills of Exchange — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -270,738 40
Total — $1,609,953 40

As the bank, with many others, suspended specie payments in November laSt. it is with pleasure I inform you that we are now prepared for a resumption. And as the 15th of January has been agreed upon by the eastern banks, for the resumption of specie payments, we therefore look forward to that time in hopes to see confidence once more restored, and the currency of our country fixed upon a safe and sound basis.

During the suspension of specie payments as above mentioned, it was thought prudent by our Board to declare a smaller dividend than heretofore, believing that it would be more advantageous to the bank, and render greater security and confidence to the note-holders. In consequence of which, this bank has declared a dividend for the last year of six Percent, only, and by this means, has added to the surplus fund, during the past year, upwards of sixty thousand dollars, and we expect, on the first of January next, to add twenty thousand dollars more, making an aggregate sum, in the space of eighteen months, of about eighty thousand dollars, which will hereafter be set apart for a contingent fund.

Under date of the 5th of November, 1838, I made a statement to the Auditor of Public Accounts of the amount of bonus due from this bank, on the capital stock paid in on the 1st of January, 1838, and 1839, calculated on the amount of capital stock paid in by individuals, and the State. After making this statement, we understood that the bonus was not required

56

to be paid on the State stock by the State Bank, or at least it was not paid by them, and believing that the Legislature would not require more from this Bank than the State Bank, the whole matter has been suffered to remain until this time, without paying any of the bonus. We have now made a statement to the Auditor of Public Accounts, showing the amount of bonus due on the capital stock paid in by individuals up to the 1st of January, 1838,1839, 1840, and 1841, which we propose to settle in Auditor's Warrants, that have been paid by this bank. As there appears to be considerable doubt whether the bonus must be paid on the State stock or not, we have concluded to adjust the bonus on the individual stock up to January next, and leave the bonus on the State stock for future investigation.

All which is respectfully submitted.

JOHN SIDDALL, Cashier.

57

STATEMENT of the condition of the Bank of Illinois, and Branches, on the 2d day of November, 1840.

LIABILITIES.	MEANS.	LIABILITIES.	MEANS.
Capital Stock owned by the State	$1,000,000 00	Bills Discounted	$1,339,215 00
Do. do. by Individuals	342,740 00	Bills of Exchange	270,738 40
Notes in Circulation	1,262,414 00	Suspended Debt	28,313 41
Treasurer of United States	40 00	Fund Commissioner	240,037 04
Unclaimed Dividends	707 44	State of Illinois for State House	84,197 00
Individual Deposites	90,552 30	Illinois State Scrip	25,280 96
Due to other Banks	31,211 41	Insurance Stock	1,500 00
Branch Balances	15,533 35	Due from other Banks	308,539 63
Discount, Exchange, and Interest	32,838 97	Real Estate	62,426 95
Surplus fund	67,179 97	Incidental Expenses	6,566 67
Specie on hand	413,255 38
Notes of other Banks	63,147 00
		Total	$2,843,217 44

58

Which was read, and,

On motion of Mr. Webb,

Referred to the committee on Finance.

On motion of Mr. Murphy of Cook,

The vote ordering one hundred and fifty copies of the report of the, President of the State Bank of Illinois, to be laid on the table and printed was re-considered, and,

On motion of Mr. Webb,

The same was referred to the committee on Banks and other Corporations, when

The House adjourned.

Thursday, December 3, 1840.

House met pursuant to adjournment.

Mr. Crain from the committee on Engrossed Bills, reported as correctly engrossed, a bill for an act to amend an act entitled "An act to provide for the settlement of debts and liabilities incurred on account of internal improvements in the State of Illinois," approved February 1St. 1840.

On motion of Mr. Minshall,

Resolved, That the committee on Banks and other Corporations be instructed to enquire into the expediency of increasing the banking capital of the Bank of the State of Illinois, ,$3,000,000, and the expediency of appropriating the dividends to arise therefrom to the payment of internal on the State debt, and that they report by bill or otherwise.

On motion of Mr. Dodge,

Resolved, That a joint select committee of three from the House of Representatives, and two on the part of the Senate be appointed to draft a memorial, praying Congress to make a further donation of land to the State of Illinois, to aid her in the prosecution of the Illinois and Michigan Canal.

Ordered, That Messrs. Dodge, Henderson and Leary be the committee on the part of the House.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have concurred with them in the adoption of a re solution, having for its object the appointment of a joint select committee for the purpose of investigating the official acts and doings of the Board of Public Works; and that they have appointed Messrs. Hacker and James the committee on the part of the Senate.

Also, that the Senate have refused to concur with the House of Representatives in the adoption of the resolution in relation to the removal the Seat of Government from Springfield to Vandalia.

By a joint resolution, I am also directed to lay before the House of Representatives, the Reports of the President of the State Bank of Illinois and the Fund Commissioner, and that they have ordered the printing of the usual number of copies of the report of the Fund Commissioner for the use of the two Houses.

59

On motion of Mr. Munsell,

The resolution proposing an investigation into the proceedings of the Board of Canal Commissioners, was taken up for consideration; and

On motion of Mr. Hardin,

The resolutions were amended by striking out all of the first resolution that relates to the appointment of a joint select committee of the two branches of the Legislature, to the word "Legislature" in the 4thline,andinsert the following:

"That the committee on Canals and Canal Lands be instructed to report a bill to this House, authorizing the Governor to appoint a board of three auditors, who shall proceed to Lockport, &c."

And add to the end of first resolution the following: "and make report of the result of their investigation to the Governor, which shall be published in the paper of the public printer."

Also by adding the following additional resolution:

"Resolved, That said committee also insert in said bill, that the said board of Auditors, audit, settle and adjust the accounts of said Canal Commissioners and Treasurer of said Board, as well of those heretofore in office as those now in office, and that in case any one of said officers is indebted to the State, that they require suit to be brought against such person on their official bonds; which resolution as amended was then agreed to; when,

The House adjourned,

Friday, December 4, 1840.

The House met pursuant to adjournment.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred the communication from the State Bank of Illinois, reported the same back to the House, and recommended the printing of 150 copies thereof; which report was concurred in.

Mr. Peck, from the select committee appointed to investigate the claims of N. H. Purple to a seat in this House as a Representative from the county of Peoria, reported as follows, viz:

The Select Committee, to which was referred the Petition of Norman H. Purple, contesting the right of William J. Phelps to sit and vote as a member of the House of Representatives, report:

That an examination under the law of this State which points out the manner of contesting elections, having been gone into by the respective Parties, they agreed that their rights to a seat in the House should be decided by the depositions taken under the law in the county of Peoria, and such other written documents as are reported herewith.

A majority of the committee did not feel it their duty, in weighing the evidence before them, to confine themselves alone to those rigid rules which control the opinions of our judicial tribunals in the decision of Pecuniary civil rights.

Legal technicalities often carry with them important results, but the majority of your committee did not feel bound to make justice bend to

60

nice distinctions, nor to sacrifice the rights of a majority because some unwielding formality has not been strictly complied with. The evidence produced is in some respects loose, if the acumen of lawyers is alone to be consulted; but in their deliberations the committee were governed by the mandates of justice, and applied those larger and more sensible influences to the decision of a question which involves rights more important than any which the respective claimants can present, if their individual interests are alone to be consulted.

It is not to be supposed that in a contested election, where the evidence is obtained upon the very theatre of dispute, that the clearest and most indisputable of all evidence can be furnished. Individuals cannot be compelled to disclose any facts which will render them amenable to the laws enacted to prevent improper voting. Party influences are made active, and self preservation stimulates the guilty by every artifice to avoid detection. Hence it becomes exceedingly difficult to square decisions in a case like the present by the unbending rules of evidence, furnished by a Starkie, a Phillips, or a Peake.

Mr. Purple notified Mr. Phelps, on the 31st of August laSt. of his intention to contest the right of the latter to a seat in this House; which notice was carried out by an examination before three justices of the peace in Peoria county, pursuant to law in that behalf. The result of that examination is reported herewith.

It appears that the sitting member, at the election in AuguSt. had a majority of seven votes over the claimant.

In the scrutiny adopted by the committee, it appears that there were twenty-three illegal votes cast. Of these fifteen were for Mr. Phelps, and eight for Mr. Purple. There were two other votes, about the rejection of which the committee were equally divided.

Two individuals, Enos Rowland and Lewis Lecroy, came to the polls, in Peoria precinct, took the oath prescribed by the law, and wished to have their votes recorded for Mr. Purple. Two of the judges of election, making a majority of the board, rejected these two voters of their mere motion, without any evidence impugning the right of the individuals claiming the franchise. A majority of the committee are of opinion that these votes should be counted for Mr. Purple.

Without enlarging upon the reasons for this opinion, your committee would only suggest that it would be unwise and dangerous, to permit judges of election from mere caprice, or any worse reason to reject votes, as by such means it would be in their power to control all elections of the people.

It was agreed between Messrs. Purple and Phelps, that each should vote for the other. Mr. Purple carried his part of the agreement into effect; but Mr. Phelps, from illness, was unable to attend the polls, and consequently could not vote for Mr. Purple. It is proposed now, that the vote of Mr. Purple should not be counted for Mr. Phelps, and although the latter gentleman assents to this proposition, your committee do not feel authorized to reject the vote of Mr. Purple, his legal right to cast the vote not being questioned.

Majority of votes on the poll books for Mr. Phelps, seven.

61

Number of illegal votes cast for Mr. Phelps, — — — — — — — — 15
Illegal votes cast for Mr. Purple, — — — — — — — — — — — 8
                                                                                                                   7
Two votes for Purple improperly rejected by the judges,                              2
                                                                                                                   9
Majority of Mr. Purple over Mr. Phelps, two, not including the two votes about which the committee are equally divided.

A majority of your committee recommend, that William J. Phelps be considered as having a right to sit and vote in this House, and that not H. Purple be declared to be the representative elect from the county of Peoria, and that he take his seat in the House in lieu and stead of the said William J. Phelps, and recommend the adoption of the following resolution:

Resolved, That Norman H. Purple, having received a majority of all the legal votes in the county of Peoria, at the late August election, for Representative, be declared the sitting member in this House from said county,

Which was read.

Mr. Henderson demanded a call of the House, which having proceeded for some time, was,

On motion of Mr. Lincoln,

Dispensed with.

Mr. Hardin, from the select committee appointed to investigate the claims of N. H. Purple to a seat in the House as a Representative from the county of Peoria, made a minority report, as follows, viz:

The undersigned, being a minority of {he Select Committee, to which was referred the petition of N. H. Purple contesting the right of W. J. Phelps to hold a seat in this house, as a Representative from the county of Peoria, beg leave to report:

That they have given the subject a most careful and thorough consideration, and regret that, in deciding upon the qualifications of persons to vote, as well as in the conclusions adopted by the majority of the committee, they are constrained wholly to differ with them.

The only testimony which has been submitted to the committee is a bundle of depositions, which we feel constrained to say, are of the most imperfect, loose and unsatisfactory description; and far the largest portion of the depositions are such as would be wholly rejected as evidence in any court of Justice.

According to the understanding of the testimony, entertained by the minority, there are but about eleven votes proved to be illegal, by primary and positive evidence, (by which we mean, the best evidence which could be produced to prove the fact desired.) Of these eleven votes, five voted for Phelps, and six for Purple. Thus, if we are governed by the same rules of law which prevail in courts of justice, the right of PheIps to retain his seat cannot, in our opinion for a moment, be questioned.

The remaining testimony, which is by far the largest portion, consists hearsay or secondary evidence, being statements which witnesses say

62

they heard made since, and in many instances, weeks, months and years previous to the August election, by the voters themselves, or their fathers, brothers, and brothers in-law; and also, recollections of family records. And this hearsay testimony is presented in a still more questionable position from the facts which appear in many of the depositions that the voters themselves, or their fathers, brothers, brothers-in law the family records were in Peoria county, and of course could have been brought before the persons taking the depositions, and thus enabled the parties to have presented the best evidence to prove the facts desired Evidence of this description is not received in courts where the testimony of the person who made the statement can be had, and we think could not be received in this case, for the same reasons which have induced, courts to reject it. If this character of testimony is admitted, it will lead to the greatest uncertainty in the investigation, and will open door for frauds of the most startling description. If such testimony is be admitted, the seat of no member in this body will be secure, although in truth he may be fairly and honestly elected. And in contested elections, the effort will be, not to prove the largest number of illegal votes by positive testimony, but to hunt up the greatest number of rumors as it is generally easier to prove five men to be illegal voters by hearsay than one man by positive proof. These objections exist to the testimony taken on both sides, and in our opinion should induce the House to reject every deposition when it appears that better evidence to prove the desired fact, could be obtained than that which is given.

But the minority of the committee are of the opinion, that it if the whole testimony is taken together, and the same rule of construction equally applied, that it will clearly show that the sitting member, Phelps, is entitled to his seat.

We will briefly advert to the facts which have led us to this conclusion:

Taking the whole testimony together, the committee came to the conclusion that the votes of the following named persons were good, some of whom voted on either side, and we presume their right to vote not be again disputed, as there was no diversity of opinion, as it respects them in the committee, to wit:

John Hogg, Jr., Isaac Underbill, William C. Terry, Isaac Clayton, Michael R. Hughes, Charles B. Benson, David G. Lisk.

The following named persons who voted for Phelps were decided to be illegal voters by at least seven of the committee, whose right to vote, if hearsay and secondary evidence is admitted, will most probably not contended for, to wit:

Theodore Adams, Quinny A. Jordan, R. Burlingame, Benjamin H. Bauvard, George Hillman, Myron M. Lisk, Hiram Robinson, Dexter Hood, Alien Cromlet, Matthew Ellis.

The following named persons, who voted for Mr. Purple were decided by at least seven of the committee, to be illegal voters, taking all the testimony together, and it is presumed it will not be alleged that they are legal voters if all the testimony is admitted, to wit:

George Almarode, Peter Decker, John Davis, Samuel Carroll, William Young, Thomas Richardson, James Murden, William Whiting, John Hillhouse,or Hillis,

63

The right of the following named persons to vote, (who voted for Phelps) could not be agreed on in the committee, to wit:

Noble M. Farrington, William Adkins, George Winklu, Christopher Winklu, Horace Adams, Harris Whitaker, Robert Smith, John Martin.

The right of the following named persons to vote, (who voted for Purple) could not be agreed on in the committee, to wit:

James Temple, George W. Patton, William H. Fessenden, Charles H. Freeman.

The committee could not agree whether Enos Rowland, and Lewis Lecroy whose votes were rejected by the judges of the election, were legal voters, and who would have voted for Purple, if they had been permitted to vote.

It is in reference to these two last lists of voters' names, that the attention of the House should be particularly directed, as the contest to the seat must be decided with reference to these voters.

It appears from the poll books, which wore admitted to be evidence by consent, that at the August election, W. J. Phelps received 724 votes, and N. H. Purple received 717 votes, leaving Phelps a majority of seven. The number of illegal votes admitted to be proved by taking hearsay and positive proof, is ten for Phelps and nine for Purple, which still leaves Phelps a majority of six. In the columns of disputed votes, the House must find illegal votes enough for Phelps, and legal votes for Purple to change this result.

A few suggestions will be offered with reference to the votes of some of the persons who are declared to be illegal voters by a majority of the committee:

Two persons voted for Phelps, whose votes were thus rejected, are George and Christopher Winklu. It is proved they have lived in the State more than three years, and there is no dispute as to their age. One of them resided, as is proved, for five months previous to the August election in Peoria county, and the other for two or three months previous to that election, and they were residing there at the election, and at the time of taking the depositions; yet, because it was proved that they had formerly resided with their father in Tazewell county, and each owned a lot of land there, the majority of the committee come to the sage conclusion that they had no right to vote in Peoria county.

It is a principle of law, as well as of justice and common sense, that every man's vote on the poll book is to be considered to be good until the contrary appears from evidence. Apply this principle to the case of Noble M. Farrington, who was likewise decided to be an illegal voter for Phelps by the majority of the committee. Waller Stuart, the only witness who speaks of Farrington, says that he came on board the steamboat Tennessee, at St. Louis, in March laSt. and came up the Illinois river to Peoria; and Farrington told witness that it was the first trip he had ever made up said river. Witness does not know where Farrington resided before he came on board at St. Louis; and it is not shown but that he had resided in Peoria several years, and had come to the State by land. This being the whole testimony, the majority of the committee decided that he was an illegal voter. The grounds upon which they arrived at that conclusion must have been, that to entitle a man to vote he

64

must have made a trip up the Illinois river at least six months previous to the August election. It is to be hoped that the House will not sanction this qualification as it will be a great inconvenience to many of the citizens of this State to take the necessary trip up the Illinois river to qualify them for voters.

The vote of Wm. Adkins was rejected, as it appears to some of the undersigned, on evidence equally as unsatisfactory as that relative to Farrington.

The vote of Robert Smith was also rejected. The only witness who speaks of Smith, is his father, who testifies that he was married, as he thinks, in 1817, but does not recollect whether his son is 21 years of age or not. He does not believe his son voted as he told him he had not, and was told so by others. He knew one other Robert Smith in Peoria county and had heard of several others in the county. It appears from the poll books that two Robert Smiths voted in Peoria county, but there was no evidence to show that this was one of them. Besides, there was no evidence that he was a minor if he had voted. In the absence, then of all certain proof that this Robert Smith either voted or was a minor his vote is declared by the majority of the committee to be illegal, and is stricken from Phelps' vote.

John Martin's vote, who voted for Phelps, was declared by the majority of the committee to be illegal. One witness, Jesse Lee, states that Martin's father stated to him that his son, John Martin, would be 21 in November 1840, and that then he intended to make him a deed for a quarter section of land. James Clark, another witness, says that he has seen the family record of John Martin's father, in the family bible, and that record states that John Martin was born at Argyle, November 4, 1818; and he also states that John Martin's father told him that John Martin was born 4th of November, 1818. This is all the testimony about that voter. The testimony of the witnesses in relation to the statements of the father are flatly contradictory, whilst the family record coincides with the statement of one witness, and proves John Martin to be 21 years of age; yet the majority of the committee most strangely decide this to be an illegal vote.

The case of Horace Adams, a voter for Phelps, is another case of contradictory hearsay testimony, where the majority likewise decide him to be an illegal voter.

The attention of the House is called to the votes of George W. Patton and James Temple, who voted for Purple, and who were decided by the majority to be legal voters. Patton had been on the steamboat Tennessee for a year; and if the same rule of evidence is applied to him which was applied by the majority of the committee in some of the cases decided to be illegal, his vote must also be declared to be illegal. As for Temple, It is clearly proved that he had not his residence in Peoria county at the time of the election, and that he had been at work and had resided in St. Louis, Missouri, since last February, which would of course disqualify him from being a voter.

In the case of John Davis, the witness who impeaches his vote — says that Davis told him he had voted the Whig ticket in August. The poll books show this to be a mistake, and that he voted for Purple. It is therefore a bad vote to be taken from Purple, and not from Phelps.

65

The votes of Enos Rowland and Lewis Lacroy were rejected by the judges of the election, who would have voted for Purple. These votes are declared good by the majority of the committee, and added to the number given to Mr. Purple. The reasons why the judges did not think Lacroy's vote good, are not given; but we think there is no doubt but there were good reasons for rejecting Rowland's vote. He stated to one witness that his wife was then living in Indiana, and that he had resided off and on in the State two years; that he had come down the Illinois river the morning of the day of the election in the steamboat Tennessee and if he could get work he intended to stay in the county. He left, however, as witness thinks, the next day after the election, and has not been back to Peoria since. It is true. Rowland offered, and we believe it is in proof, did take the oath prescribed by the law as to his residence, &c,; but if he did so, and the facts stated by the other witnesses are true, we cannot but believe that he perjured himself. He had not been in the county twenty hours, and had no intention or expectation of remaining there, unless he got work, which he did not, and left next day; thus showing clearly that he was a transient person, probably in search of work, without any residence in the county of Peoria. And if he had not stated the truth under oath, the law does not require either the judges of election, or this House, to believe his oath. It would seem that coming DOWN the Illinois river that morning had qualified Rowland to vote, whilst Farrington's coming UP the Illinois river five months previous, had disqualified him. This case shows truly the great difference between going up and down stream.

The only other voters, whose right to vote we would in this Report ask the attention of this House to, are William H. Fessenden and Charles H. Freeman, who voted for Mr. Purple, and whose votes are decided to be legal by the majority of the committee.

They came to Illinois in the summer of 1839, from Massachusetts, where they left their families, and bought land; and one of them, Fessenden,commenced building a house in Peoria county. They returned to Massachusetts the fall of 1839, with the intention of moving to this State with their families in the spring of 1840. They did move to Peoria from Massachusetts, with their families, and reached Peoria in May or June last. One of them, Fessenden, told a witness that he had voted in Massachusetts at the November election in 1839. Two witnesses who know them both, positively swear that these men were not residents of the State of Illinois for six months previous to the August election, and there is no testimony whatever to contradict them. And the fact of Fessenden voting in Massachusetts in November, 1839, clearly shows his understanding of their place of residence. If these men are entitled to vote, then it must be, that the fact of their buying a piece of land, and beginning to build a house on it, qualifies them to vote. Whilst on the other hand, although it is proved that George and Christopher Winkler resided in Peoria at the time of the election, yet, because they owned land in Tazewell county, they are disqualified from voting in Peoria. This would seem to be deciding that a man has a right to vote in the county where he has owned land for six months, and no right to vote else where. What is this but a revival in effect of the odious and anti-democratic

66

doctrine of a freehold property qualification, which we had hoped was banished from the West forever.

If, then, we depart from the ordinary rules of evidence, and take all the testimony contained in the depositions, subtracting from both Phelps and Purple the votes which are proved to be illegal by hearsay and secondary evidence, the undersigned conscientiously believe that it will dot make a difference of two votes either way in the majority of seven which it appears from the poll-hooks Phelps received over Purple.

It has been gratifying to the undersigned that nothing has appeared in the depositions, or from any other quarter, during the investigation which would even look like imputing fraud or unfairness to either Mr. Phelps or Mr. Purple. Nothing has appeared to us but gentlemanly and honorable conduct.

It is perhaps proper here to state, that it was agreed before the committee, that previous to the election, these gentlemen had agreed to vote for each other, and that Mr. Purple had accordingly voted for Mr.Phelps but that Mr. Phelps, on the day of the election, and for some time previous had been confined to his bed with illness, and therefore had not voted for Purple. Mr. Phelps therefore stated to the committee, that he did not claim the vote of Mr. Purple for himself. This conduct, on his part, is honorable, but it does not appear to us that he or any other person, or even this House, possess the right to strike a legal voter's name from the poll-book, if, however, it should be the opinion of this House that Mr. Phelps is entitled to his seat by a single vote, we then think it would be his duty, as an honorable man, to resign his place, and let the seat be filled by another election. To admit any other principle than this, would be to permit a member elect of this House, from honorable or mercenary motives, to give away or sell out his seat in this House to one who was not duly elected by a majority of the legal voters of his county.

In the absence, then, of all unfairness, and of all suspicion of fraud in the management of the election, and the sitting member, Mr. Phelps having received the largest number of votes, as appears by the poll-book and having honestly obtained his certificate of election from the proper officer, the fullest and most indubitable testimony should be required by this House, before they oust him out of his seat. Our Government is one which is, and we trust ever will continue to be, governed by public opinion. The acts of Legislative bodies should not only be fair and honeSt. but the motives of the Legislators should be above suspicion. If in a case like the one under consideration, where the right of the sitting member to retain his seat can only be questioned by a resort to hearsay and most doubtful testimony, will it not be setting a precedent to an unprincipled majority in some future Legislature, upon the same grounds to supplant an obnoxious member, and supply his seat with a pliant political partizan or a subservient personal friend?

We are assembled here as the representative agents and political servants of the People — not as their masters or dictators. No man has a seat in this Hall in his own right, or in virtue of his own act; but each one is here as the selected agent of a majority of his constituents. lt is a fundamental principle in our Democratic Republican institutions, that the majority shall rule, and their will be law. Let us not, then, lightly set

67

aside- and upon loose and uncertain testimony, declare unworthy of credit- the poll-books of our elections, which are the exclusive testimony of the will of the majority. We fully acknowledge the truth that spurious and illegal votes should be rejected; but let us not in our anxiety to detect illegal votes, and to do equity between the parties, give occasion to the enemies of popular rights to say, or to the friends of true liberty to suspect that we, the Representatives of a free People, from whose decision there is no appeal, make the will of a majority of a county which should govern in the selection of their Representative, yield to the will of a majority of this House, and thus trample, rough-shod, under our feet, the laws of the land, the Constitution of our State, which we have sworn to support, and the will of the People of Peoria, whose right it is in this case to rule, and whose wishes should not be disregarded.

In a contest of this character, the personal feelings of members should not be permitted to exercise the least influence. The claims of Mr. purple or Mr. Phelps, are but as spars to the mighty vessel which bears them, when compared with the great principle which is involved in this case — the right of the People to be represented by their legally selected agents. It is for them, and with reference to their rights, we must act, as legislators governed by liberal and enlightened views, and foreseeing the consequences of our acts, and as jurors sworn to do justice in the case.

In concluding this Report, inasmuch as there is so wide a difference of opinion between the undersigned and the majority of the committee, and as the committee were as nearly equally divided as their number will admit, we earnestly request each member of this House to examine the depositions, and to give the case of each voter, whose right to vote is in dispute between the majority and minority of the committee a careful and thorough investigation; not doubting but that this House, if its members make that investigation, will come to the conclusion which has been arrived at by the undersigned — that from all which appears in the poll-books and depositions, William J¨ Phelps is the legally elected Representative of the County of Peoria.

JOHN J. HARDIN,

PETER MENARD, Jr.

GRIDLEY,

WM. H. HENDERSON.

Which was read, and,

On motion of Mr. Lincoln,

Said reports were referred to a committee of the Whole House.

Mr. Peck moved that the House now resolve itself into a Committee of the Whole on the subject of the reports.

Mr. Webb moved to reconsider the vote on referring the foregoing reports to a committee of the Whole House; which was not agreed to.

When the House resolved itself into a Committee of the Whole; Mr. Murphy of Cook in the Chair, on the matter of the contested election of Peoria county, and after some time spent therein, they rose, reported progress and obtained leave to sit again.

68

A message from the Senate by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted the following resolution:

Resolved by the Senate, the House of Representatives concurring herein That there shall be elected at the present session of the General Assembly, three competent persons, well skilled in the law, to revise and con dense all the laws of this State of a general nature, that were in force at the commencement of this session of the General Assembly, and that they be required to present the same to this General Assembly, before the end of this present session, for their consideration and approval; in the adoption of which resolution, they ask the concurrence of the House of Representatives.

The House adjourned to 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Kitchell moved to suspend the rules of the House to enable him to make a report from the Judiciary committee; which was not agreed to.

Mr. Murphy of Perry demanded a call of the House; proceedings under which having continued for some time, were,

On motion of Mr. Kitchell,

Suspended.

Mr. Kitchell, on leave, introduced the following report from the Judiciary committee:

The committee on the Judiciary, to whom was referred a resolution of the House, directing them to enquire and report "whether the eleventh or twelfth General Assembly should have convened under the late Proclamation of his Excellency, the Governor of Illinois; and whether, if the Legislature, as at present organized, be legal and constitutional, it should not adjourn sine die, on some day previous to the first Monday in December next, and be called a special session; and the regular session of the twelfth General Assembly commence on the said first Monday in December. agreeable to our State Constitution;" Report that they have considered the subjects of the foregoing resolution submitted to them, and are of opinion that the present members now assembled are constitutionally the first session of the twelfth General Assembly of the State of Illinois, and are properly convened under the late Proclamation of the Governor — that the present Assembly being called at an irregular time under the Provision of the 9th section of the 3d article of our Constitution, shall be called a special session, and recommend that it adjourn without day on Saturday, the fifth of the present month.

Mr. Dougherty,from a minority of the same committee presented the following report:

The minority of the committee on the Judiciary, to whom was refer red the following resolution, to-wit:

Resolved, That the committee on the Judiciary be instructed to enquire whether the eleventh or the twelfth General Assembly should have convened under the late proclamation of his Excellency the Governor of Illinois; and whether if the Legislature as at present organized be legal

69

constitutional, it should not adjourn sine die, on some day previous to the lst Monday in December next, and be called a special session; and the regular session of the twelfth General Assembly commence its session said first Monday in December agreeable to our State Constitution; and that said committee make report thereon at the earliest practicable period.

1st. That this is the 12th and not the 11th General Assembly of the State of Illinois, each assembly being elected for two years on the first Monday of AuguSt. and the time of their appointment or election, not being in the Constitution continued beyond the time of the election of their successors; the term of service of the members who composed the 11th General Assembly expired on the first Monday of AuguSt. 1840, and the term of the members of the 12th General Assembly, commenced on the day after the said election, consequently any meeting of the Legislature after the election of members in 1840, must be of the 12th General Assembly.

Having arrived at this conclusion, your committee think the same a sufficient answer to the interrogatories propounded to them in the above resolution, except the latter two, to-wit: whether this should not be called a special session, and if so, adjourn at some day previous to the 1st Monday of December, 1810. Your committee propose considering the foregoing last two propositions, as admitting of an answer, and will consider them together.

The Constitution, Article 2d, Section 24th provides, That "the first General Assembly shall commence on the first Monday of October next, and forever thereafter the General Assembly shall meet, on the first Monday in December next, ensuing the election of the members thereof, and at no other period, unless as provided by this Constitution." Then it will be seen that in fixing the time for the General Assembly to meet, the convention declared that the General Assembly should meet on the first Monday of December next, ensuing the election of the members thereof, and at no other period unless as provided by this Constitution, thereby creating an alternative to be determined by subsequent provisions of the Constitution, whether the General Assembly should meet on the first Monday of December next, ensuing the election of the members thereof, or at some other day, subsequent or previous thereto. The only provision which the Constitution has made concerning this alternative thus fixed in the Provision of the Constitution referred to, is the 9th Section, 3d Article of the Constitution which provides that, the Governor may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to them when assembled, the purpose for which they shall have been convened. The question then may be asked, when shall the Legislature meet. The answer is, on the first Monday of December next, ensuing the election of the members thereof, and at no other period, unless the Governor shall upon an extraordinary occasion convene them; for most certainly, the power reserved to the Governor to convene the General Assembly, was the alternative contemplated by the Convention, when in the 24th section of the 2d article, they provided that the General Assembly should meet, &c., unless as provided in this Constitution.

Then it follows, that there are two distinct periods provided in the Constitution, when the General Assembly may meet, either first in the absence of an extraordinary occasion, in the opinion of the Governor, on the first

70

Monday of December next, ensuing the election of the members thereof or second, when an extraordinary occasion happens in the opinion of the Governor, at which time he may convene them by proclamation. There being in the Constitution no power conferred upon the Governor, to pro long the time of the meeting of the Legislature to a day subsequent to the first Monday of December next, ensuing the election of the members thereof, it is conceded that the Legislature must so meet, unless sooner called together by the Governor; but when so met, there is certainly no necessity why they should call it by the name of a special session, or ad, journ previous to the first Monday of December, 1840, and in this we have the precedent of a former Legislature. The executive of this State, in the year 1824, convened the General Assembly on the 15th day of November, under the provisions of this Constitution, and we find that they considered it as merely a more early meeting of the General Assem bly; on the Saturday evening previous to the first Monday of December, they adjourned; asjon any other day of the session; & on Monday morning met pursuant to adjournment, thereby clearly showing that they deemed it but an earlier meeting of the General Assembly, resulting from an ex traordinary occasion.

But, it may be said, when the General Assembly are called together by the proclamation of the Governor, they are so called to consider of, and provide for special causes of complaint and necessity; this is admitted, but does it follow That they either can transact no other business, except what is pointed out in the Governor's message, or that they must previous to the first Monday of December, have by law provided, for the necessity which brought them together, or that they are actually bound to provide for it at all? We conceive that when convened by the Governor, to provide or not to provide for the emergency, is solely in their discretion. The name special session is arbitrary at beSt. and is not known to the language of the Constitution, therefore, there can be no constitutional necessity for calling this a special session.

Again, should this General Assembly adjourn before the first Monday of December next, while they have business on hand, as for instance, the three prominent measures recommended by the Governor in his message to wit: 1St. payment of wages toThornton. 2d, correct the evils found in the elective franchise, and 3d, payment of interest on State debt. A question may arise as to the fact, whether we do not put it out of our power to provide at once for the grave and serious evils likely to grow out of the Want of such provision; it is true that by a resolution passed after the meeting of the General Assembly, on the first Monday of December, we might probably take up for consideration unfinished business in the House at this session, but the very necessity determines its impropriety as without such resolution, that is simply by the act of adjournment sine die, unaided by a resolution of the subsequent General Assembly, we cannot avail our selves of the business commenced and in progress at this session; again it may be matter of doubt, whether a resolution would enable us to put the business before the subsequent Legislature in the same state of for wardness as we left it in the last. But again, would not the members be entitled to double mileage to and from the Seat of Government, should we adjourn but for one minute before the first Monday of December next your committee are of opinion that they would. On the other hand, the

71

construction your committee has to put upon the Constitution is not objectionable to any of the evil consequences enumerated above; and it is rather strange to your committee, that doubts as to the fact whether we should adjourn previous to the first Monday of December next or not, should now exist when the precedent above referred to, has been acquiesced sixteen years, and no complaints heretofore made against consequences which resulted from the same. Your committee are therefore of opinion, that unless we are without business, there is no necessity for adjournment previous to the first Monday of December next, and that this is a General Assembly of the State of Illinois.

Which reports were read, and

On motion of Mr. Minshall,

Were laid on the table.

Mr. Kitchell moved to take up for consideration, the following bill for "An act to amend an act entitled An act to provide for the settlement of debts and liabilities incurred on account of internal improvements in the State of Illinois," approved February 1St. 1840; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnete, Bentley, Bissell,Bnssy, Carpenter, Courtright, Dollins, Edwards, English, Gillespie, Hankins, Hardin, Kitchell, Lester, McClernand, McClurken, McGinnis, Minshall, Moore, Munscll, Odam, Olds, Oliver, Ormsbee, Reynolds, Thornton, Trumbull; Waters, Wilson, Woodson, Wood, and Mr. Speaker — 34.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Blackman, Bradford Brown of Sangamon, Brown of Vermilion, Canady, Cavarly, Charles, Cox, Grain, Cunningham, Daruielle, Denny, Dodge, Dougherty, Drum-mond, Dunlap, Emmerson, Francis, Froman, Funk, Green, Gridley, Hen-derson, Hicks, Hull, Humphrey, Laughlin, Leary, Lincoln, Logan, Mc-Donald, McLean, Marshall, Murphy of Cook, Murphy of Perry, Parkin-son, Parsons, Peck, Phelps, Phillips, Ross, Scott, Sheplcy, Threlkeld, Troy, Turney, Webb, Wheeler, and White — 54.

Mr. Lincoln moved that the House now resolve itself into a committee of the Whole, on the case of the contested election in Peoria county; which was not agreed to, when,

On motion of Mr. Woodson:

The case of the contested election from Peoria county was made the special order of the day for Monday next.

Engrossed bill for "An act to amend an act entitled ‘An act to provide for the settlement of debts and liabilities incurred on account of internal improvements in the State of Illinois,’" approved February 1St. 1840; was read the third lime.

Mr. Henderson moved to amend the first section of the bill by striking out "15th December, 1840," and inserting "1st day of January. 1811;" Which was not agreed to.

And on the question being put — "Shall the bill pass?"

It was decided in the affirmative by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Baldwin, Barnett, Beall, Bennett, Bentley, Bissell, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy,

72

Canady, Carpenter, Cavarly, Charles, Courtright, Cox, Grain, Cunning ham, Darnielle, Denny, Dodge, Dollins, Dunlap, Edwards, Emmerson English, Francis, Froman, Funk, Gillespie, Green, Hankins, Hardin Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McCler nand, McClnrken, McDonald, McGinnis, Marshall, Minshall, Moore Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Orms bee, Parkinson, Parsons, Phelps, Phillips, Reynolds, Ross, Scott, Shepley Thornton, Threlkeld, Troy, Trumbull, Turney, Waters, Webb, Wheeler White, Wilson, Woodson, Wood, and Mr. Speaker — 77.

Those who voted in the negative, are,

Messrs. Able, Archer, Dougherty, Drummond, Gridley, Henderson Hull, Lincoln, McLean, Menard, and Peck — 11.

On motion of Mr. Wood,

The rule of the House was dispensed with, and Senate bill for "An act to provide for the manufacture of salt at the Gallatin Salines," was taken up for consideration, read a first time, and

Ordered to a second reading.

On motion of Mr. Lincoln,

The rule of the House was dispensed with, and the bill read a second time by its title, and on his further motion, referred to the committee on Salines.

Mr. Kitchell moved that the House now go into committee of the Whole on certain resolutions; which was not agreed to; when,

On motion of Mr. Peck,

The House resolved itself into a committee of the Whole, on the bill for "An act to provide for the payment of interest on the public debt," and after some time spent therein, the committee rose, reported progress, and asked leave to sit again; which was not granted; when,

On motion of Mr. Murphy of Perry,

The bill and proposed amendments were referred to the committee on Finance.

On motion of Mr. Dodge,

Leave was granted to N. H. Purple, the claimant to a seat in this House as a Representative from the county of Peoria, to appear on Monday next, and participate in the debates in relation to the contested seat from said county; when

The House adjourned.

Saturday, December 5, 1840.

House met pursuant to adjournment.

Mr. Wheeler presented the petition of sundry citizens of Pike county praying for the passage of a law, to make clerks of circuit, courts in this, State elective by the people; which was read, and on his motion, referred to a select committee.

Ordered, That Messrs. Wheeler, Murphy of Cook, English, Carpenter McLean, Brown of Sangamon, and McClernard be said committee.

Mr. Brown of Vermilion, presented the petition of sundry citizens Vermilion county, praying for the vacation of certain town lots, in the

73

town of Danville; which was lead, and on his motion, referred to a select committee.

Ordered, that Messrs. Brown of Vermilion, Parsons and Waters be said committee.

Mr.Wood from the committee on Salines, to which was referred a bill for an act entitled "An act, to provide for the manufacturing of Salt at the Gallatin Saline," having had the same under consideration, reported the same back to the House with the following amendment.

Strike out the words "said first" in the third line of the second section, and insert the word "tenth;" which was concurred in.

Mr. Threlkeld moved to refer the bill to a select committee; which was not agreed to

And the bill as amended was,

Ordered to a third reading.

A message from the Senate by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have adopted the following resolutions, viz:

Resolved by the Senate, the House of Representatives concurring herein, That on Saturday the 5th inst., both branches of the Legislature shall be adjourned sine die.

In the passage of which they ask the concurrence of the House of Representatives.

The rules of the House being suspended.

On motion of Mr. Brown of Vermilion, Resolved, That the Senate be respectfully requested to furnish to this House for inspection the report of the Auditor of Public Accounts, on the subject of the Gallatin and other Salines, made in obedience to a resolution of that honorable body.

Mr. Wheeler moved to dispense with the rules of the House, and take up for consideration a resolution laid on the table at a previous day in relation to the office of circuit clerks being made elective by the people; which was not agreed to.

Mr. Peck from the committee on Finance to which was referred a bill for "An act to provide for the payment of interest upon the public debt;" reported the same back to the House with the following amendment.

Provided always, That the said hypothecation of lands shall be made upon the conditions, that the bonds so hypothecated shall not be forfeited a less than their par value in market; nor shall the same be offered to sale without at least eight weeks notice being first given to the State Treasurer of the intention to offer such bonds for sale; which was concurred in.

Mr.Kitchell moved to amend the bill by adding the following proviso:

Provided, That no money shall be contracted for under the provisions of this act, at a higher interest than seven per cent. per annum, nor shall any money be applied to the payment of interest on State bonds, whereof the state has not received the money originally contracted for.

Mr.Trumbull moved to lay the bill and proposed amendments on the table, which was agreed to by yeas and nays, is follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Baldwin, Barnett, Bennett, Bentley, Bissell, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Canady,

74

Carpenter, Charles, Courtright, Cox, Cunningham, Darnielle, Denny, Dodge, Dollins, Drummond, Dunlap, Edwards, Emmerson, English, Fro man, Funk, Gillespie, Green, Gridley, Hankins, Hicks, Humphrey Kitchell, Laughlin, Lester, Logan, McClurken McGinnis, Marshall, Me nard, Moore, Munseli, Murphy of Cook, Olds, Oliver, Ormsbee, Parsons Peck, Phillips, Reynolds, Scott, Shepley, Threlkeld, Trumbull, Waters, Wheeler, Wilson, and Wood — 60.

Those who voted in the negative, are,

Messrs. Able, Archer, Beall, Grain, Dougherty, Francis, Hardin, Henderson, Hull, Leary, Lincoln, McClernand, McDonald, McLean, Min shall, Murphy of Perry, Odam, Parkinson, Phelps, Ross, Thornton, Troy Turney, Webb, Woodson, and Mr. Speaker — 26.

Mr. Ormsbee from the committee on Public Expenditures, to which was referred a resolution, in relation to printing reports, &c., reported as follows, to wit:

The committee on public accounts and expenditures to whom was referred a resolution, requiring "that no report or other communication presented to this House, shall be entered upon the journals thereof, and printed, except the Auditors and Treasurer's reports, and the reports of standing and select committees, unless by a special order of the House," &c., beg leave to report:

That they have given said resolution the careful consideration which its importance demands, viewing the object of its reference to them as one peculiar to a desire for retrenchment in the expenditure of the public moneys, and submit the result of their consideration, which is as follows:

The committee highly appreciate the manifest motion of the resolution and were it clear to them that its adoption by the House would obviate an unnecessary accumulation of matter upon its journals, and thereby save in the expenditures of its public printing, it would be an act of unfeigned pleasure on their part to report it back to the House with a desire for its immediate adoption. But the committee on a full examination of the ground over which the resolution is calculated to extend find, that it would exclude from the journals communications to the House, which, if made, are required by the Constitution of the State, to be recorded and printed as well as those, the recording and printing of which has the sanction of common usage in all past time. It is a resolution which if adopted, excludes from the journals, minority protests against acts or resolutions by the majority which might be in the belief of the minority, injurious to individuals or the public. Notwithstanding the right of such a protest is secured by the Constitution to any two members of the House, it forbids a constitutional record of objections emanating from the Council of Revision to bills which appear to them imperfect in their formation or other wise objectionable as laws while it would give place to the labored efficiency of some committee called perhaps to consider the "magnificent importance" of navigating "Big Muddy" or some other subject of less importance than the one now under consideration. The common usage too of those who have been before us as Legislators, has given place upon the journals for brief statements of the petitions and memorials of constituents while it has left for the files tedious and unimportant reports of committees. In fine, the committee cannot see it probable that the effect of retrenchment by the adoption of said resolution will be such as its

75

friends apparently expect, since it is obvious to them, that it would open the doors of frequent controversy on the tedious and unprofitable subject of special order to print until the minutes of the same would swell our journals beyond the amount of every communication of the session.

Nor can the committee understand how it is proper to avow by a previous resolution the quantity and kind of matter which shall fill the journals of the House, and thereby we should journalize and print, perhaps, the very matter which should have been excluded in the place of that more necessary and important; yet while the committee thus view the effects and impropriety of the resolution in question, they cannot but repeat their opinion of the good intent of the same, and add a hope that members will exercise that discrimination which will lead to a proper disposition of the various communications which may come before them, and that discretion which shall protect their journals from being unnecessarily burthened at the public expense. Therefore, the committee ask to be discharged from further consideration of said resolution, and would respectfully suggest the adoption of the following:

Resolved, That the Clerk of the House make up the journals and reports thereof, in separate and distinct volumes, and that the same be so printed, and that whenever an objection shall be made by any two members of the House, to any report or other communication being entered at length upon the journals or books of reports for printing, which is not required by the Constitution of the State, to form a part of the printed records or journals, then the same shall be excluded and filed by said Clerk, (who shall note the fact in his minutes,) unless otherwise ordered by the House.

On motion of Mr. Logan,

The report and resolution were laid on the table.

Mr. Bissell moved to dispense with the rules of the House, and take up for consideration the message from the Senate, which related to adjournment sine die; which was lost.

On motion of Mr. Bentley,

Leave of absence was obtained for Mr. White, Representative from Christian county.

Mr. Bissell offered for adoption the following preamble and resolution:

Whereas, The present being a special session of the General Assembly of Illinois, convened under the provision of the 9th section of the 3d article of our State Constitution, must necessarily determine previously to the first Monday of December, instant, therefore,

"Resolved by the House of Representatives, the Senate concurring herein, That the General Assembly do adjourn without day, on Saturday, the 5th instant."

Mr. Webb moved that the House adjourn; which was decided in the negative, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Hen-derson, Hull, McLean, Menard, Minshall, Munseli, Oliver, Parkinson, PheIps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, Woodson, and Mr. Speaker-37.

76

Those, who voted in the negative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackmail, Bradford, Brown of Sangainon, Bussy, Carpenter, Courtright, Crain, Dodge, Dollins,Dimlap, English, Funk, Green, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald,McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Orrnsbee, Parsons, Peck, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler,Wilson, and Wood — 48.

Mr. Munsell demanded a call of the House, and the roll having been called through,

On motion of Mr. English,

Further proceedings under the call were dispensed with.

Mr. Murphy of Perry, demanded the previous question,

And on the question — "Shall the main question now be put?"

It was decided in the affirmative, by yeas and nays, as follows, to wit;

Those voting in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackmail, Bussy Carpenter, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitcliell, Laughlin, Leary, Lester, Logan, McOlernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, Wilson Wood, and Mr. Speaker — 47.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmcrson, Francis, Froman Funk, Gillespie, Gridley, Hardin, Hull, Lincoln, McLean, Menard, Min shall, Munsell, Oliver, Parkinson, Phelps, Phillips, Reynolds, Thoroton, Threlkeld Troy, Webb, and Woodson — 39.

When the question being put on the passage of the resolution, It was decided in the affirmative, by yeas and nays, as follows:

Those voting the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpenter, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Han kins, Hicks, Humphrey, Keliy, Kitchell, Laughlin, Leary, Lester, Logan McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Mur phy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck Ross, Scott, Shepley, Trumbull, Tuiney, Waters, Wlieeler, Wilson, and Wood — 46.

Those voting in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon Brown of Vermilion, Canady, Charles, Cox, Gunningham, Darnielle Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman ,Funk, Gillespie, Gridley, Hardin, Hull, Lincoln, McLean, Menard, Min shall, Munsell, Oliver, Parkinson, Phelps, Phillips, Reynolds, Thornton Threlkeld, Troy, Webb, Woodson, Wood, and Mr. Speaker — 40.

Mr. Kitchell moved to suspend the rules of the House, and take up for consideration the message from the Senate; which was not agreed to.

Mr. Lincoln moved to adjourn, which was decided in the negative, by yeas and nays, as follows:

77

Those who voted in the affirmative, were,

Messrs. Archer, Bailey, Beall, Bennett, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Frornan, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, McLean, Menard, Minshall, Munsell, Oliver, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, Woodson, and Mr. Speaker — 37.

Those who voted in the negative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Bradford, Crown of Sangamon, Bussy, Carpenter, Courtright, Crain, Dodge, Dollins, Dunlap, English, Funk, Green, Hanking Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler,Wilson, and Wood — 48.

When,

The House adjourned to 3 o'clock.

Three O'Clock, P. M.

House met pursuant to adjournment.

Mr. Murphy of Cook demanded a call of the House.

During the pendency of the call, the Speaker laid before the House a communication from W. F. Thornton, Canal Commissioner, which was real and laid on the table.

SPRINGFIELD, Dec. 4, 1840.

To The House of Representatives:

GENTLEMEN: From verbal reports of yesterday's proceedings and debates, I learn that it was proposed in your honorable body to institute an enquiry into all the acts and doings of the Board of Commissioners of the Illinois and Michigan Canal. Having had the honor to preside over that Board since the commencement of its operations, and confidently believing that its various, arduous, and unusually responsible duties have been discharged with irreproachable fidelity to the State, I respectfully and earnestly request such equitable but searching investigation, that while it insures justice to the people, will not, by needless delay, inflict injury upon its agents. The books and papers of the office can be transferred to this city as early as the 20th inSt. after which time, the Board will be fully Prepared to furnish any information necessary to the most rigid scrutiny.

Respectfully,

Gentlemen,

Your ob't serv't,

W. F. THORNTON.

78

The Speaker laid before the House a communication from the Fund Commissioner:

OFFICE OF THE FUND COMMISSIONER,

December 3, 1840.

To the Honorable the SPEAKER

of the House of Representatives:

In obedience to a resolution of your House, adopted on yesterday calling for the amount of interest due on our internal improvement debt, on the first of January next, for the payment of which no means are provided and also the cost and quantity of railroad iron now in the United States and where deposited, I have the honor to say that these enquiries were pretty fully answered in my report which was read in your House on yesterday, after this resolution was adopted to which I beg leave to refer you. Permit me again to say, however, that State bonds sold on

account of bank stock in the State of Illinois, amounts to      $1,765,000
Ditto in Bank of Illinois — — — — — — — — — — — — — — — — — — — — - 900,000
Total in the two Banks           $2,665,000

Ditto on account of railroad, river, and other improvements      3,187,000
Total — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — $5,852,000

The interest on $5,852,000 semi-annually, on the 1st of January, and July of each year is $175,560.

The above amount will therefore be due on the 1st January, 1841 Gen. Rawlings, and Col. Oakley last year contracted with Forman of London, through Messrs. Wright & Co. for $500,000 worth of railroad iron, to be shipped to New Orleans. Said iron has been arriving at that port since last spring, but how much has arrived, I am not prepared to say Obliged, myself, to be in New York at least four-fifths of my time since the adjournment of the Legislature, in attending to other business of the State, I was under the necessity of sending my brother, James W. Barrett, to New Orleans, to attend to the receiving and shipping of the iron to the State of Illinois; how much has been received at New Orleans, or how much has been shipped to the State of Illinois, I am not yet informed Some shipments I know have been made to Meredosia, on the Illinois river, and to Alton, on the Mississippi river, and when my brother returns which I hope will be in a few days. I shall be able to give you more specific information on the subject. If the iron be not laid on some of the roads of the State within three years from the date of its entry in the custom-house in New Orleans, it is subject to the same duty as iron imported by individuals, which I understand is $30 per ton, or about seventy per cent. If the State should sell the iron, the same duty must be paid.

Therefore, would it not be well for the Legislature to continue one or two of the most important works, and lay the iron, if for no other object but to exempt it from enormous duty.

I have the honor to be,

Very respectfully,

Your ob't. serv't.,

RICH'D. F. BARRETT.

Fund Commissioner

79

A message from the Governor, by Mr. Carlin, his private Secretary:

EXECUTIVE DEPARTMENT,

Springfield, Dec. 5,1840.

To the Honorable the SPEAKER

of the House of Representatives:

Sir: In conformity to a resolution of the House of Representatives, addressed to me a few days since, calling for information in relation to the first instalment of $10,000 sterling, received by the Hon. R. M. Young, upon a contract with Messrs. John Wright & Co., of London, for the sale of $1,000,000 of Illinois and Michigan canal stock.

I have the honor to make the following reply: That I have not in my possession, the facts to enable me to answer specifically, all the enquiries contained in said resolution. During the month of January laSt. I was in-formed by letter from the United States Bank, that the sum of $56,444,444 had been placed on deposite in said bank to the credit of the Hon. R. M. Young. This sum of course includes the proceeds, exchange, and premiums realized from the $10,000 sterling, and indeed, is more than could possibly arise from that source. You will perceive the above sum was deposited on Judge Young's own account. In answer to the enquiries, "whether said first instalment of $10,000 sterling, and the intereSt. exchange, and premium which have been received from the same have ever been paid to the Canal Commissioners, and if not, the reasons why the same has not been done; also, whether the agents of the State, who had the charge of the said sum of money, refused to pay over the same to the Canal Commissioners, when requested by them; and also, the reason why the said sum of money was not placed at the disposal of the Canal Commissioners as soon as the same was received." I have to say that the proceeds of the said $10,000 sterling has not been paid to the Canal Commissioners, because the contract upon which the money was advanced by Messrs. Wright & Co. was conditional, and was not consented to and confirmed by me, until the 25th of June last and until that time could not be used for canal purposes, which was subsequent to Gen. Thornton's demand for the money to apply to the payment of the July interest; it was therefore proper to withhold it in readiness to be refunded to Messrs. Wright & Co., in case the contract should not be confirmed.

Consequently the agents declined to pay over the money to the Canal Comissioners when requested by the President of the Board.

I have the honor to be,

Sir, your most ob't serv't.

THOS. CARLIN.

Which was referred to the committee on Finance.

On motion of Mr. Peck,

Resolved, That the Sergeant-at-Arms be instructed to compel the attendance of members absent without leave, and bring them in presence of this house, and that he be authorized for that purpose to call to his aid a sufficient number of persons to enable him to enforce a compliance with this command.

On motion of Mr. English,

Further proceedings under a call of the House were dispensed with.

The Message from the Senate having for its object the adjournment of that body sine die on Saturday the 5th inst., was taken up for consideration, and on being read,

80

Mr. Peck demanded the previous question, which was decided in affirmative by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpenter, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester,Lo gan, McClernand, McClurken, MrDonald, McGinnis, Marshall,Moore Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee,Par sons, Peck, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, Wilson, Wood, and Mr. Speaker — 48.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bradford, Denny, Dougherty, Drum mond, Gillespie, Gridley, Lincoln, McLean, Phelps, and Reynolds — 13.

The question being put on the passage of the resolution,

It was decided in the affirmative by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy Carpenter, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons Peck, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, Wilson, Wood — 46.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bradford, Denny, Dougherty, Drum mond, Gillespie, Gridley, Lincoln, McLean, Oliver, Phelps, Reynolds,and Mr. Speaker — 15.

The Speaker then, in conformity to the above resolution, declared the House of Representatives adjourned without day.

81

JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE TWELFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, AT THEIR SECOND SESSION, BEGUN AND HELD IN THE CITY OF SPRINGFIELD, December 7,1940.

83

Journal of the House of Representatives.

At a second session of the twelfth General Assembly of the State of Illinois, begun and held in pursuance of the provisions of the Constitution, at Springfield, on Monday, the seventh day of December, in the year of our Lord one thousand eight hundred and forty, the Speaker took the chair, and called the House to order, when, on calling the roll,

The following members answered to their names:

From the county of Alexander — WILSON ABLE.

From the county of Union — JOHN DOUGHERTY.

From the county of Johnson — JOSEPH OLIVER.

From the county of Pope — GEORGE T. WATERS.

From the county of Gallatin — JOHN A. McCLERNAND, DANIEL WOOD, and DAVID J. BLACKMAN.

From the county of Jefferson — STEPHEN G. HICKS.

From the counties of Franklin and Williamson — DEMPSEY ODAM, and ACHILLES D. DOLLINS.

From the county of Jackson — JOHN LUGAN.

From the county of Washington — JOHN CHAIN.

From the county of Perry — RICHARD G. MURPHY.

From the county of White — EDWIN B. WEBB, and ALEXANDER.

From the county of Edwards — ALLEN EMMERSON.

From the county of Wayne DANIEL TURNEY.

From the county of Wabash — JAMES BEALL.

From the county of Lawrence — JAMES MCLEAN and SAMUEL DUNLAP.

From the counties of Crawford and Jasper — WILLIAM WILSON.

From the county of Edgar — JAMES M. KELLY, and LEANDER MUNSELL.

From the county of Coles — JAS. T. CUNNINGHAM, and THOMAS THRELKELD.

From the county of Clark — WILLIAM B. ARCHER.

From the county of Vermilion — JOHN J. BROWN, ISAAC FROMAN, and JOHN CANADY.

From the county of Champaign — MATTHEW W. BUSSY.

84

From the county of Madison — CYRUS EDWARDS, JOSEPH GILLESPIE, and JAMES REYNOLDS.

From the county of St. Clair — LYMAN TRUMBUIA, DANIEL, BALDWIN, and DANIEL T. MOORE.

From the county of Monroe — WILLIAM H. BISSEL.

From the county of Randolph — JOHN P. McGINNIS, and JAMES Mc CLURKEN.

From the county of Clinton — JOHN SCOTT.

From the county of Marion — JAMES MARSHALL.

From the county of Bond — RICHARD BENTLEY.

From the county of Montgomery — WICKLIFFE KITCHELL.

From the counties of Fayette and Effingham — WM. LEE D. EWING and WILLIAM J. HANKINS.

From the county of Clay — PETER GREEN.

From the counties of Greene and Jersey — REVILL. W. ENGLISH, and DAVID M. WOODSON.

From the counties of Greene, Jersey, and Calhoun — JOHN McDONALD

From the county of Macoupin — FRANC'S A. OLDS.

From the county of Morgan — JOHN J. HARDIN, JAMES PARKINSON, JERE MIAH Cox, and DANIEL TRIOY.

From the county of Scott — JOSEPH W. ORMSBEE.

From the county of Cass — AMOS S. WEST.

From the county of Sangamon — ABRAHAM LINCOLN, JAS. M. BRADFORD, JOHN DARNIELLE, JAMES N. BROWN, and JOSIAHI FRANCIS.

From the county of Menard — JOHN BENNETT.

From the county of Tazewell — PIERKE MENARD and ALDEN HULL.

From the county of McLean — ASAHEL GRIDLEY, and ISAAC FUNK.

From the counties of Macon and De Witt — ROBERT BARNETT.

From the county of Adams — WILLIAM LAUGHLIN and JOHN G. HUMPHREY.

From the county of Pike — ALPHEUS WHEELER and SOLOMON PARSONS.

From the county of Schuyler — WM. A. MINSHALL.

From the county of Brown — HARVEY LESTER.

From the county of Fulton — LEWIS W. Ross and OLIVER SHEPLEY.

From the county of McDonough — WILLIAM W. BAILEY.

From the county of Hancock — JOHN F. CHARLES.

From the counties of Warren, Knox, and Henry — JOHN DENNY.

From the counties of Cook, Will, and McHenry — ALBERT G. LEARY EBENEZER PECK, and RICHARD MURPHY.

From the counties of LaSalle and Kane — ABRAM R. DODGE.

From the county of lroquois — ISAAC COURTRIGHT.

From the counties of Putnam, Bureau, Stark, and Marshall — WILLIAM H. HENDERSON.

From the county of Peoria — WM. J. PHELPS.

From the district of Jo Daviess, Rock Island, and other counties-HI RAM W. THORNTON, and THOMAS DRUMMOND.

From the county of Hamilton — MILTON CARPENTER.

From the county of Shelby — OWEN PRENTICE.

J. Calhoun, Principal Clerk, George Davis, Assistant Clerk, Robert Smith, Enrolling and Engrossing Clerk, Newton Cloud, CopyiSt. Wm. G.

85

Murphy, Door-keeper, and Benjamin Roberts, Assistant Door-keeper at-tended, and entered upon their respective duties.

On motion of Mr.Carpenter,

Resolved That the Clerk of this House inform the Senate that the House of Representatives have met in accordance with the Constitution of the State of Illinois, and are organized and ready to proceed with the Legislative business.

On motion of Mr. Murphy of Cook,

Resolved by the House of Representatives, the Senate, concurring herein, That a committee of three members from the House, and two from the Senate be appointed to wait on the Governor, and inform him that the two Houses are organized and prepared to proceed to the transaction of

Mr. Turney offered for adoption the following resolution:

Resolved, That the unfinished business of the twelfth General Assembly be taken from the files of the said session, and be placed on the files of the present session, and that the said unfinished business have the same order in the; present session, and be proceeded with in the same manner as it would do if the same had originated during the present session; which was decided in the affirmative, by yeas and rays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpenter, Courtright, Grain, Dodge, Dollins, English, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McCler-nand, McClurken, McDonald, McGinnis, Marshall, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Parsons, Peck, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker — 42.

Those voting in the negative, are,

Messrs. Archer, Bailey, Beall, Bradford, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Dunlap, Ed-wards, Emmerson, Francis, Froman, Funk, Gillespie, Green, Gridley, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Moore, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, and Woodson — 40.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr.Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted the following resolution, viz:

Resolved, That the Secretary inform the House of Representatives that the senate have met and are organized, and that they are now ready to Proceed to legislative business.

On motion of Mr. Parsons,

Resolved, That the Door-keeper be directed to furnish seats for spectators in the gallery and in the lobby.

The House adjourned until 2 o'clock.

Two O'Clock, P. M.

House met pursuant to adjournment.

On motion of Mr.Murphy of Perry,

Resolved, That the rules of the special session be adopted for the government of the present session, until otherwise altered or amended.

86

Mr. Lincoln, on leave, introduced a bill for "An act to provide for the payment of interest on the State debt;" which was read a first time, and

Ordered to a second reading.

On motion of Mr. English,

The rules of the House were dispensed with, and on his further motion the bill was read a second time by its title, and referred to the committee on Finance.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have concurred with them in the adoption of a re solution, having for its object the appointment of a joint select committee of three on the part of the House, and two on the part of the Senate, to wait on the Governor, and inform him that the two Houses are organized and ready to proceed to business; and that they have appointed Messrs. Moore and Witt the committee on the part of the Senate.

Senate bill for "An act to provide for the manufacture of salt at the Gallatin Salines," was read a third time and passed, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Beall, Bennett, Bentley, Bissell, Black man, Bussy, Carpenter, Courtright, Dodge, Dollins, Dougherty, Dunlap English, Gillespie, Green, Hankins, Hicks, Humphrey, Kelly, Laughlin Leary, McClernand, McClurken, McDonald, McGinnis, Marshall, Menard Moore, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Phillips, Reynolds, Scott, Shepley, Trumbull, Waters, Wheeler, Wilson Wood, and Mr. Speaker — 49.

Those voting in the negative, are,

Messrs. Archer, Bailey, Bradford, Brown of Sangamon, Brown of Ver milion, Canady, Charles, Cox, Crain, Cunningham, Darnielle, Denny Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gridley,Har din, Henderson, Hull, Kitchell, Lester, Lincoln, McLean, Minshall, Mun sell, Parkinson, Phelps, Ross, Thornton, Threlkeld, Troy, WeSt. a Woodson — 35.

Ordered, That the title of the bill be as follows: a bill for "An act to provide for the manufacture of salt at the Gallatin Salines;" and that the Clerk inform the Senate of the passage of the bill, and ask their concurrence in the passage of said amendment.

A bill for "An act to exempt certain articles from execution," was taken Up for consideration, read a second time, and referred to the committee on the Judiciary.

The message from the Senate having for its object the election of three persons to condense the laws of the State of Illinois, was taken up for consideration, and referred to the committee on the Judiciary.

On motion of Mr. Peck,

The House resolved itself into a committee of the Whole on the con tested election from Peoria county, and after some time spent there, the committee rose, reported progress through their chairman, Mr. English, and obtained leave to sit again.

On motion of Mr. Kitchell,

The committee of the Whole were discharged from the further consideration of certain resolutions.

87

Mr.Henderson moved that the first resolution be laid on the table, when,

On motion of Mr. McClernand,

All the resolutions were laid on the table.

Mr. Peck moved to take up for consideration, the bill for "An act to provide for the payment of the interest on the public debt;" which was not agreed to.

Mr. Trumbull offered for adoption, the following resolution:

"Resolved, That the State ought not to pay interest upon any debt which been contracted by our agents in violation of law, and when the consideration has not been received;" which,

On motion of Mr. Minshall,

Was referred to the committee on the Judiciary.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr.Speaker: I am directed by the Senate to inform the House of Reresentatives, that they have concurred with them in their amendment to a bill for "An act to provide for the manufacture of salt at the Gallatin Salines."

Mr. Bentley, on leave, introduced a bill for "An act to repeal an act entitled ‘An act to establish and maintain a general system of internal improvements,’ approved March 4th, 1837;" which was read the first time, and Ordered to a second reading.

Mr. Peck, on leave, introduced a bill for "An act to provide for the payment of interest on the public debt;" which was read the first time, and

Ordered to a second reading, and

On motion of Mr. Lincoln,

The rules of the House were dispensed with, and the bill now read a second time by its title.

Mr. Hardin moved to amend the bill by adding the following:

"SEC. 2. There shall be a tax of one-fifth of one per cent. collected according to the present revenue law of this State, for collecting a State tax, the proceeds of which shall be exclusively set apart for the payment of the interest accruing on the bonds hereby authorized to be hypothecated, and on other State bonds heretofore sold."

Mr. Minshall moved to refer the bill and proposed amendment to the committee on Banks and other Corporations.

Mr. Dodge moved to lay the proposed amendment on the table.

Mr. Hardin moved to adjourn; which was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Baldwin, Bennett, Bentley, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Carpenter, Charles, Cox, Cunningham, Darnielle, Denny, Dollins, Edwards, Emmerson,Francis, Froman, Funk, Hankins, Hardin, Henderson, Hull, Kelly, Kitchell, Lester, McClurken, McLean, Menard, Minshall, Munsell, Olds, Ormsbee, Phelps, Ross, Scott, Shepley, Thornton, Threlkeld, Trumbull, Waters, Webb, Wheeler, Wilson, Woodson, and Wood — 49.

Those who voted in the negative, are,

Messrs. Able, Archer, Barnett, Beall, Bissell, Courtright, Crain, Dodge, Dougherty,Drummond, Dunlap, English, Gillespie, Green, Gridley, Hicks, Humphrey, Laughlin, Leary, Lincoln, Logan, McClernand, McDonald,

88

McGinnis, Marshall, Moore, Murphy of Perry, Odam, Oliver, Parkinson, Peck, Reynolds, Troy, Turney, WeSt. and Mr. Speaker — 37.

The House adjourned.

Tuesday, December 8, 1840.

House met pursuant to adjournment.

Martin White, Representative from the county of Logan and Christian, appeared and took his seat.

Mr. Denny presented the petition of citizens of Salisbury, Knox county; which was read, and on his motion, referred to a select committee of three.

Ordered, That Messrs. Denny, Thornton, and Bailey be said committee. Mr. Drummond presented the petition of sundry citizens of Stephen son, Rock Island county; which, without reading, was on his motion, re ferred to a select committee.

Ordered, That Messrs. Drummood, Henderson, and Parsons be said committee.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Re presentatives, that they have passed bills of the following titles, to wit:

"An act to vacate the town plat of Livingston;"

"An act to vacate the part of a plat of Vermilionville in La Salle county."

They have also adopted the following resolution, viz:

"Resolved by the Senate, the House of Representatives concurring herein, That the joint rules of the two Houses at their last session, be adopted for the government of the two Houses, until altered or amended."

In the adoption of which, they ask the concurrence of the House of Representatives.

Mr. Kelly offered for adoption the following preamble and resolution:

Whereas, it becomes our duty to sustain the good faith and credit of the State, to make provision for the interest on the State debt; and to do this, it is also our duty to obtain all the information in our power respecting this subject.

And whereas, it would be little less than criminal negligence with the evils of hasty Legislation still before our eyes, to rush on and pledge still deeper the faith of the State on a mere declaration, that a large amount of interest is due without having the exact amount of intereSt. and whether such amount includes interest as well upon those bonds for which the State has received payment, as those for which it has never yet received any consideration, and which are believed not to have been sold in accordance with the special powers vested in the agents of the State by the law authorizing their sale; Therefore,

Resolved, That the Fund Commissioner be requested to furnish this House as speedily as possible with the following information, to wit:

The amount of all State bonds heretofore sold by the agents of the State, and by whom and to whom sold.

Also, the amount of bonds now hypothecated, and with whom, and by what agents they were hypothecated, and how much is due, and to paid to each, in order to redeem such bonds from hypothecation, and when such payment must be made to save such bonds from forfeiture.

89

Also, the amount received by the agents of the State from each purchaser of bonds, together with the names of the purchasers.

Also the amount still due and unpaid by any purchaser, together with the name of such purchaser.

Also the names of the present holders of bonds, with the amount held by each being the persons to whom interest is payable, the total amount of interest to be paid in January next, without any deduction for bonds sold without consideration.

Also, the net amount of interest to be paid in January, after deducting the amounts of bonds for which the State has not received consideration, or any consideration in part.

Mr. Dougherty moved to amend by striking out all after the words "to wit" in the third line of the resolution, and inserting the following:

"How many bonds have been sold, for which this State has not received pay, and also to whom sold, and whether he knows who are now the holders of bonds so sold, and if so, who they are."

Mr. Dodge moved to lay the resolution and proposed amendment on the table; which was not agreed to.

When the proposed amendment was agreed to, and the resolution as amended was adopted.

On motion of Mr. Lincoln,

The rules of the House were suspended, and the bill for "An act to provide for the payment of interest upon the public debt," was taken up for consideration.

The question recurring on the motion pending, when the House adjourned yesterday, P. M., on laying the proposed amendment to the bill on the table,

It was decided in the affirmative.

The question recurring on Mr. Minshall's motion of yesterday, to refer the bill and proposed amendments to the committee on banks and other corporations, was decided in the negative by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Baldwin, Blackman, Carpenter, Charles, Cox, Cunnigham, Darnielle, Denny, Dollins, Emmerson, Gridley, Henderson, Hull, Kitchell, Lester, McClurken, Menard, Minshall, Odam, Oliver, Ormsbee, Parkinson, Phelps, Troy, Wilson and Wood — 27.

Those who voted in the negative, are,

Messrs. Able, Bailey, Barnett, Beall, Bennett, Bentley, Bissell, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Courtright,Crain, Dodge,Dougherty, Drummond, Dunlap, Edwards, English, Froman, Gillespie, Green, Hankins, Hardin, Hicks, Humphrey, Kelly, Laughlin, Leary, Lincoln, Logan, McDonaId, McGinnis, McLean, Marshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Olds, Peck, Phillips, Reynolds, Ross, Scott, Thornton, Threlkeld, Trumbull, Turney, Waters, WeSt. Wheeler, White, Woodson, and Mr. Speaker — 56.

Mr.Lincoln, proposed to amend the bill by inserting into the 9th line, at the end of the word "next" the words following, to wit:

"And also,sufficient to pay freights, duty and other necessary charges upon railroad iron, which has been received, and to be received under contracts heretofore made, and also sufficient to pay the necessary charges of the prosecution of certain suits prosecuting and to be prosecuted

90

on behalf of this State, in the State of New York. And if it shall become necessary to prevent a forfeiture of the bonds so hypothecated, said Fund Commissioner is hereby empowered to re-hypothecate said bonds for that purpose, and for no other whatever."

Also, to amend said bill further, by adding the following proviso at the end of the bill, viz:

" And provided further, That the Fund Commissioner shall not be authorized to pay interest upon any bonds sold for which a consideration has not been received by the State whenever such bonds shall be found in the hands, custody, power or possession of the original purchasers or contracting powers."

Mr. Kitchell proposed to amend the foregoing amendment, by adding as follows:

"Provided, That no money shall be contracted for under the provisions of this act, at a higher interest than seven per cent. per annum, or for the payment of interest on bonds transferred without the authority of the laws of this State, or on which the contracted consideration has not been by the State received; which was not agreed to."

Mr. Dougherty proposed to amend the first amendment as follows: by adding,

"Not to exceed the sum of one hundred and seventy-six thousand dollars;" which was not agreed to.

Mr. Trumbull proposed to amend the amendment as follows: by adding,

"And provided further, That no interest be paid upon any State bonds which have been parted with, without authority of law, and when the consideration therefore has never been received by the State."

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

On motion of Mr. Edwards,

Resolved by the House of Representatives, the Senate concurring herein, That the Secretary of State be required to make out a tabular statement of the census of this State, showing the number of inhabitants, their ages sexes, and color; also, the number of the militia, and the number of mills machinery, manufactures, &c.

Mr. Murphy of Cook, from the joint select committee appointed to wait on the Governor, and inform him that the two Houses were organized and ready to proceed to the transaction of business; report,

That they have waited on his Excellency, and were informed by him that he has no communication at present, to make to the Legislature, but would respectfully refer them for his views on the affairs of the State, to his message to the last session of the General Assembly.

On motion of Mr. Dodge,

The House now resolved itself into a committee of the Whole, on the case of the contested Election from Peoria county,

Mr. English in the Chair, and after some time spent therein, the committee rose, reported progress, and obtained leave to sit again; when

On motion,

The House adjourned.

91

Wednesday, December 9, 1840.

The House met pursuant to adjournment.

Mr. Murphy of Perry presented the petition of sundry citizens of Hamilton, Franklin, and Perry counties, praying for the location of a State road; which was, without reading, referred, on his motion, to a select committee.

Ordered That Messrs. Murphy of Perry, Carpenter, and Odam be that committee.

Mr. Logan presented the petition of the heirs of Daniel Barrow, deceased which was read, and on his motion, referred to a select committee.

Ordered, That Messrs. Logan, Turney, and McClurken be said committee.

The bill for "An act to provide for the payment of interest on the State debt" coming up for consideration, the Speaker laid before the House a communication from the Fund Commissioner, relating to the subject of the bill under consideration; which was read, and is as follows:

OFFICE OF THE FUND COMMISSIONER,

December 8th, 1840.

To the Honorable the SPEAKER

of the House of Representatives:

In reply to a resolution of your House, passed this morning, asking "how many bonds have been sold for which this State has received no pay, and also to whom sold, and whether he knows who are now the holders of, bonds thus sold, and if so, who they are?"

I have the honor to state that the following bonds have been sold and paid for, to wit:

To State Bank, appropriated to Bank stock, — — — — — — — — — — — — — — -$1,765,000

To Bank of Illinois, appropriated to Bank Stock — — — — — — — — — — — — — - 900,000

To lrvine & Beers, appropriated to internal improvement stock — — — — 1,000,000

To N. Biddle, appropriated to internal improvement stock — — — — — — — 1,000,000

To Hall & Hudson, appropriated to internal improvement stock — — — — — 100,000

To Boorman & Johnson, appropriated to internal improvement stock — — 100,000

To Lieut. Levy, appropriated to internal improvement stock — — — — — — — — — 4,000

To January & Dunlap, — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 300,000

To M. B. Sherwood, — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 50,000
              $5,219,000

Interest on the same, due 1st January, 1841, $156,570.

The following bonds have been in part paid for only:

Bonds sold to A. H. Bangs, internal improvement stock — — — — — — — — — — -$50,000

Bonds sold to J. Delafield, internal improvement stock — — — — — — — — — — — 283,000

Bonds sold to Erie county Bank, internal improvement stock — — — — — — — -100,000

Bonds sold to Commercial Bank, — — — — — — — — — — — — — — — — — — — — — — — — 100,000

Bonds sold to Bank of Commerce, — — — — — — — — — — — — — — — — — — — — — — — -100,000
               $633,000

Interest due 1st January, 1841, on same, — — — — — — — — — — — — — — — — — — — — -$18,990

Total amount of bonds, as per reports of 1st and 3d inst. — — — — — — — — — — $5,852,000

Total amount of interest on all bonds sold, — — — — — — — — — — — — — — — — — — — -175,560

92

The Canal fund, by an act of the Legislature, passed 21st January 1839, borrowed of the internal improvement fund, $300,000; and 300 canal bonds were placed by the Governor in the hands of Gov. Reynolds and Gen. Rawlings, to be sold to pay this loan. These bonds were sold to Mr. Delafield, also, upon which he has paid ,$150,000. Whether the internal improvement fund is to look to the canal fund, or to Mr. Delafield, for the balance of this loan, I am not prepared to say; but if we could get it from either, it would go far towards paying our January interest. From Mr. Delafield, last summer, I received about $21,000 in protested drafts of the City Bank of Buffalo, in the Tonawanda Bank Mr. Delafieid had sold 20 of these bonds to said Bank; and by the advice of our counsel, I received them as a part of the proceeds, believing that the Safety Fund of New York will ultimately be made liable for said drafts. The City Bank of Buffalo was a Safety Fund Bank, and soon after these drafts were given, failed.

A. H. Bangs has paid nothing on his purchase, and I fear, never will.

The three Buffalo Banks paid, in cash, at the time of the purchase of the 300 bonds, $10,000 each. The Erie county Bank paid last winter $22,500 more, and I understand intends paying the balance of the debt in State scrip. The balance of her debt is, without intereSt. $67,500. S. Daniels, Cashier of the Commercial Bank of Buffalo, paid me, a few weeks ago, about 57,000 in State scrip, leaving a balance due from him of about $33,000. The Bank of Commerce has paid nothing but the first $10,000 so that her balance is $90,000.

In my reports of the 1st and 3d inst., stating the amount of interest due 1st January, 1841, to be $175,560, included the interest on all these bonds.

Mr. Delafield told me that about 170 of the bonds which he bought had been deposited with the Comptroller of New York, as capital of the New York Banking Company; the balance he had sold with the exception of about 100, which he still had, and 200 which he had hypothecated in London, on which he had borrowed $150,000, he now says all are sold but to whom, I do not know.

The bonds which Bangs bought have been re-sold, and in whose hands they now are, I am not informed.

The 300 bonds sold to the Buffalo Banks, I believe, were all placed with the Comptroller, as capital stock of the respective Banks.

All these sales were made upon a credit, and are therefore illegal, ac cording to the decision of the Chancellor of the State of New York; and all of the contracts can be seen in the printed reports of the last session of the Legislature.

The Commercial Bank of Buffalo has already paid more than is due on her contracts, as yet.

One instalment of $22,500, is now due and unpaid, from the Erie county Bank. Three instalments, amounting to $45,000, are now due and unpaid from the Bank of Commerce.

I have the honor to be,

Your ob't. serv't.,

RICH'D. F. BARRETT.

Fund Commissioner.

P. S. — My report of AuguSt. as far as relates to matters with which the Fund Commissioner is properly charged, and which is herewith submitted

93

will give you a more specific account of the above debts, and bonds which were sold and not paid for, according to contract.

R. F. B., Fund Com'r.

And the question recurring on the amendment proposed by Mr. Trumbull,

Mr. West demanded the previous question,

Mr. Trumbull demanded a call of the House, and the absentees appearing,

On motion of Mr. Bentley,

Further proceedings under the call of the House were dispensed with;

And on the question — "Shall the main question now be put?"

It was decided in the negative; when,

On motion,

The House adjourned to 2 o'clock.

Two O'Clock, P. M.

House met pursuant to adjournment

On motion of Mr. English,

The committee of the Whole were discharged from the further consideration of the subject of the contested election from Peoria county.

On motion of Mr. Bentley,

"Resolved, That 150 copies, embracing all the testimony in the case of the contested election from Peoria county, be printed for the use of this House, and that the Public Printer be instructed to furnish the same without delay."

Mr. Murphy of Cook, moved the adoption of the following:

"Resolved, That all reports made to this House during the present General Assembly, be printed in a separate volume, and not entered on the Journals."

Mr. Ormsbee moved to amend by striking out all after "Resolved," and inserting the following:

"That the Journals and Reports of both Houses (the Senate concurring herein) be printed and bound in separate and distinct volumes, and that copies of each be placed by the Public Printer in the office of the Secretary of State, for distribution."

"Resolved, also, That when an objection is made by any two members to the printing of any report or other communication presented to the House of which they are members, then the same shall be excluded, both from the Journal and volume of Reports, and the fact noted in the Journal, unless otherwise ordered by the House to which said report or other communication is made: Provided, That such report or other communication is required by the Constitution and laws of the State to be primed."

"Resolved, further, That when any report or other communication is ordered to be printed, a sufficient number of extra copies shall be printed for the use of both Houses; and the House ordering the same shall advise the other thereof: provided, That either House may order the printing of additional copies for its separate use;" which was not agreed to;

When the resolution offered by Mr. Murphy of Cook, was adopted.

94

Mr. Bradford moved for adoption the following resolution:

Resolved, That the Governor, and Justices of the Supreme Court, and Secretary of State, be invited to take seats within the bar of this House, whenever it may suit their convenience during the present session.

On motion of Mr. Dougherty,

The resolution was amended by striking out "Secretary of State;"

Mr. Bentley moved to amend the resolution by inserting "the ladies;" not agreed to.

Mr. Dodge moved to amend by inserting, "Judges of the Circuit Courts;" which was not agreed to; and the resolution as amended was adopted.

Bill for "An act to repeal an act, entitled, ‘An act to establish and maintain a general system of internal improvements, approved March 4th 1837;’" was read the second time, and referred to the committee on Internal Improvements.

Senate bill for "An act to vacate the town plat of the town of Livingston," was read the first time, and,

On motion of Mr. Gridley,

The rules of the House were dispensed with, and the bill now read a second time, by its title, and,

On motion of Mr. Lincoln,

Was referred to a select committee.

Ordered, That Messrs. Lincoln, Gridley, and Menard be said committee.

Senate bill for "An act to vacate a part of the plat of Vermilionville, in La Salle county," was read the first time, and

Ordered to a second reading, and,

On motion of Mr. Dodge,

The rules of the House were dispensed with, and the bill now read a second time, by its title, and

Ordered to a third reading.

The Speaker laid before the House a communication from the Secretary of State, accompanied with the census returns; which was read, and laid on the table.

The message from the Senate for the adoption of the joint rules of the two Houses at the last session, was taken up for consideration, and concurred in.

The Speaker laid before the House a communication from the Secretary of the Board of Public Works; which was read, and laid on the table.

The Speaker laid before the House the report of the Inspectors of the Penitentiary; which was read, and,

On motion of Mr. Edwards,

Referred to the committee on the Penitentiary.

Mr. Bennett, on leave, introduced a bill for "An act to vacate a part of the town plat of Bennett's addition to the town of Petersburg, and for other purposes;" which was read the first time, and

Ordered to a second reading.

Mr. Bailey, on leave, introduced a bill for "An act to incorporate the town of Macomb," which was read the first time, and

Ordered to a second reading.

Mr. Dollins, on leave, introduced a bill, for "An act declaring the town

95

of Benton,the permanent seat of justice for the county of Franklin;" which was read the first time, and

Ordered to a second reading.

On his motion, the rule of the House was dispensed with, and the bill read a second time, by its title, and

Ordered to be engrossed.

Mr. Henderson, on leave, introduced a bill for "An act to amend the several acts in relation to the public revenue;" which was read the first time, and

Ordered to a second reading;

And on his motion, the rule of the House was dispensed with, and the bill read a second time, by its title, and on his further motion, referred to the committee on Finance.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have passed bills of the following titles:

"An act to amend an act entitled ‘An act to incorporate the city of Quincy,’ approved February 3,1840."

"An act making school commissioners elective by the people."

"An act to vacate the town plat of the town of Lancaster, in Henry county."

"An act to incorporate the city of Nauvoo."

"An act for the relief of the inhabitants of town thirty-three north, range number three, east of the third principal meridian."

In the passage of which bills they ask the concurrence of the House of Representatives.

Mr. Charles, on leave, introduced a bill for "An act requiring pedlars and auctioneers to procure license;" which was read a first time, and

Ordered to a second reading.

On his motion, the rule of the House was dispensed with, and the bill read a second time, by its title, and on his further motion, referred to the committee on Finance.

Mr. Archer, on leave, offered the following resolution, which was adopted, viz:

Resolved, That the committee on Finance be instructed to enquire if any county or counties have failed to collect and pay over into the State treasury, the taxes due for any year under the present revenue law, and if so, that they report a bill requiring the payment of such revenue without

Mr. Ormsbee, on leave, offered the following resolution:

Resolved, That the State House Commissioners, without delay, report to this House, the receipts and expenditures upon the State House at Springfield, in obedience to the following accounts:

First. That said Commissioners furnish, without delay, a statement of the whole amount of money by them expended on the State House at Springfield, from the commencement of the work up to the present time;

Second. That they show, in said report, the amount of money by them paid for each kind of work done, and materials furnished for said House, and the names of persons to whom said money was paid, in the following order:

lst How much for rock?

96

2d. How much for quarrying rock?

3d. How much for cutting and dressing rock?

4th. How much for laying rock?

5th. How much for brick?

6th. How much for laying brick?

7th. How much for any and all other materials, embracing (separately specified) lumber, lime, iron, copper, &c. &c. &c.

Third. That they report the number and cost of teams, wagons, carts cranes, carriages, and the amount and description of all other property by them purchased, for the erection, completion, and furnishing said building, and of whom said property of every kind and description was purchased, and how much money, and out of what money the same has been paid.

Fourth, That they report the number of perchs, or cubic yards of rock which has been quarried and purchased for said building since the commencement of erecting the same, up to the present time, and specify particularly the quantity of rock either in perches or cubic yards, included and placed in said building: also, the quantity now prepared for the same in and about the said town of Springfield.

Fifth. That they report the names of each and every laborer which has been employed for the erection of said building, and the amount of labor by the day, or month, or otherwise, as the case may be, which each and every one have performed, as well as the amount of money which they have paid to each and every one of said laborers, from the commencement of the work up to the present time.

Sixth. That they report the number, and each of the number of the jobs of work let by them in the building, &c., of said house, and to whom the said jobs were let, and how much money each and every one of said jobs have coSt. and how much of the same has been paid, and whether or not any additional allowances have been paid upon any of said jobs to the contractors, or either of them, and to what amount, if any.

Seventh. That they report the amount of scrip and state house checks if any issued by them, and inform under what law, and by what authority said checks or scrip has been by them issued, also, how much if any of said scrip and checks, or both in amount is still outstanding and unpaid, and what other debts if any, have been contracted by them still unpaid on account of said building, and to what amount as well as the particulars articles purchased, and services rendered for which said indebtedness has occurred.

Eighth. That they report whether or not, each and every one of said commissioners have acted or participated in all the orders, acts, and resolutions of the board which they constitute, if not, what one of them has refused to concur in them, and upon this call or enquiry, that each commissioner have liberty to report.

Ninth. That they report how much time each of them has been employed in the service of the State in the erection of said buildings, and the amount of compensation which has been paid or taken by each for said service, and that they exhibit their respective accounts against the State, showing the amount of services which they have rendered, and when the money for said services w as paid, or by them received.

Tenth. That they report whether or not, the hands and teams employed in the service of the State, or any one of said hands or teams having

97

at any time during said service been employed for any other purpose than that of the State in the erection of said house, and if so, for what purpose, and when performed, and how much was received for the same to the state.

Eleventh. That they report the quantity of all materials on hand for said building, and other things not yet used in the erection, completion, and furnishing of said house, which have been purchased for the same.

Twelfth. That they report the amount of money paid for house rent, office rent, clerk hire, stationary, drawings, plans and furniture, and the names of persons to whom such rents, hire, &c., was paid, and the dates of the payments. That they state all other things necessary to a full trial, balance and settlement of all accounts arising out of, and connected with the erection, completion, and furnishing of said house from the commencement of the work to the present time.

Mr. Woodson moved to lay the foregoing resolutions on the (able, which was not agreed to, when,

On motion of Mr. Hardin,

The resolutions were referred to the committee on Public Buildings and Grounds.

On motion of Mr. English,

A bill for "An act to provide for the payment of interest on the public debt;" was taken up for consideration.

Mr. Kitchell demanded a call of the House, and on his further motion, further proceedings under call of the House, were dispensed with.

The House adjourned.

Thursday, December 10, 1840.

House met pursuant to adjournment.

A. W. Cavarly, a Representative from the counties of Greene and Jersey, appeared and took his seat.

Mr. Murphy of Cook, presented the petition of sundry citizens of Cook and Lake counties, praying the location of a State road; which, on his motion, without reading, was referred to the committee on State roads.

Mr. Murphy of Cook, also presented the petition of James McKee of Will county, "praying indemnity for damages by him sustained on the Illinois and Michigan Canal;" which was read, and on his motion, referred to the committee on Canals and Canal Lands.

Mr. Ross presented the petition of sundry citizens of Peoria and Fulton counties; which, without reading, was on his motion, referred to a select committee of three.

Ordered, That Messrs. Ross, Phelps and Lester be said committee. Mr. Peck presented the petition of the "first Unitarian Society of Chicago;" which, on his motion, without reading, was referred to a select committee of three.

Ordered,That Messrs. Peck, Edwards and Scott be said committee.

Mr. Munsell presented the petition of sundry citizens of Edgar county, in relation to a State road; and

98

Mr. Kelly presented also, remonstrance and petitions of sundry citizens of said county, on the same subject; all of which, without reading, were referred to a select committee.

Ordered, That Messrs. Munsell, Kelly, and Bussy be said committee.

Mr. Troy presented the petition of "sundry citizens of the State Illinois, praying the road laws of this State to be so altered as to equalize taxation for road purposes;" which, on his motion, without reading was referred to the committee on the Judiciary.

Mr. Trumbull from the committee on the Judiciary, reported a bill for "An act to amend an act, entitled ‘An act to regulate tavern and grocery licenses;’" which was read the first time, and

Ordered to a second reading.

Mr. Peck from the committee on Finance; reported a bill for "An act making partial appropriations;" which was read the first time, and

Ordered to a second reading, and

On motion of Mr. Murphy of Cook,

The rules of the House were dispensed with and the bill now read as second time by its title.

Mr. Murphy moved further to suspend the rules of the House, and read the bill now a third time; which was not agreed to, when the bill was

Ordered to be engrossed for a third reading.

On motion of Mr. English,

The papers accompanying the communication from the Secretary of State, in relation to the census; were ordered to be returned to the office of Secretary of State.

The bill for "An act to provide for the payment of interest upon the public debt," coming up for consideration,

Mr. White demanded the previous question.

And on the question — "Shall the main question be now put?"

It was decided in the affirmative.

And the question recurring on the amendment proposed by Mr. Trumbull, It was adopted by yeas and nays as follows, to wit:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Cunningham, Dollins, Dunlap, English Froman, Green, Hankins, Hicks, Kelly, Kitchell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Minshall Munsell, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Phelps Ross, Scott, Threlkeld, Trumbull, Turney, Waters, Wheeler, White and Wilson — 46.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Charles, Cox, Darnielle, Denny, Dodge Dougherty, Drummond, Edwards, Emmerson, Gillespie, Gridley, Hardin Henderson, Hull, Humphrey, Leary, Lincoln, McLean, Menard, Murphy of Cook, Parkinson, Peck, Phillips, Reynolds, Thornton, Troy,Webb WeSt. Woodson, Wood, and Mr. Speaker — 39.

And the question recurring on the amendment proposed by Mr. Lincoln as amended,

99

It was decided in the affirmative, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Dollins, Dunlap, English, Froman, Green,Hankins, Hicks, Kelly, Kitchell, Laughlin, Lester, Logan, McClurken,McDonald, McGinnis, Marshall, Minshall,Munsell, Murphy of Perry, Odam,Olds,Oliver, Parsons, Ross, Scott, Threlkeld, Trumbull, Turney, Waters, White, Wilson, and Wood-43.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Charles, Cox, Cunningham, Darnielle, Denny, Dodge,Dougherty, Drummond, Edwards, Emmerson, Gillespie, Gridley, Hardin, Henderson, Hull, Humphrey,Leary, Lincoln, McClernand, Mc-Lean, Menard, Murphy of Cook, Ormsbee, Parkinson, Peck, Phelps, Phillips, Reynolds, Thornton, Troy, Webb, WeSt. Wheeler, Woodson, and Mr. Speaker — 42.

When the House refused to order the bill to be engrossed, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bissell, Blackman, Cavarly, Crain, Dougherty, Dunlap, English, Froman, Green, Hankins, Humphrey, Kelly, Laughlin, Leary, McDonald, Marshall, Moore, Murphy of Perry, Odam, Oliver, Phelps, Ross, Scott, Trumbull, Turney, White, and Wood — 30.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Carpenter, Charles, Courtright, Cox, Cunningham, Darnielle, Denny, Dodge, Dollins, Drummond, Edwards, Emmerson, Francis, Funk, Gridley, Hardin, Hicks,Hull, Kitchell, Lester, Lincoln, Logan, McClernand, McClurken, McLean, Menard, Minshall, Munsell, Murphy of Cook, Olds, Ormsbee, Parkinson, Parsons, Peck, Phillips, Prentice, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. Wheeler, Wilson, Woodson, and Mr. Speaker — 57.

Mr. Hicks, on leave, introduced a bill for "An act to provide for the payment of interest upon the public debt," which was read the first time, and

Ordered to a second reading.

And on his further motion, the rules of the House were dispensed with, and the bill now read a second time by its title; and

On motion of Mr. Lincoln,

The same was referred to the committee on Finance.

Mr. Dodge moved to print 100 copies of the last named bill; when

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: am directed by the Senate to inform the House of Representatives, that they have adopted the following resolution, viz:

100

Resolved by the Senate, the House of Representatives concurring herein That the two Houses of the General Assembly will meet in the Hall of the House of Representatives on Wednesday the l6th inst., at 2 o'clock, P. M., for the purpose of electing one United States Senator, to serve for six years from the 4th of March next.

In the passage of which they ask the concurrence of the House of Representatives.

The Speaker made a statement in relation to a mistake in the morning's journal, in the vote on Lincoln's proposed amendment, as amended, to the bill for "An act to provide for the payment of interest upon the public debt;" and it appearing that said amendment was agreed to by the House,

The vote was taken on ordering the bill to be engrossed, and resulted as is recorded correctly in the morning journal.

The question recurring on the motion of Mr. Dodge, which was pending when the House adjourned, on printing 100 copies of Hick's bill.

It was decided in the negative.

Senate bill for "An act to vacate a part of the plat of Vermilionville in La Salle county," was read a third time and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof.

A bill for "An act to vacate a part of the town plat of Bennett's addition to the town of Petersburg, and for other purposes," was taken up and read a second time, and ordered to be engrossed.

A bill for "An act to amend an act, entitled ‘An act to regulate tavern and grocery licenses;’" was taken up for consideration, and read a second time.

Mr. Cavarly moved to refer the bill to a select committee, which was not agreed to; and the bill was ordered to be engrossed.

A message from the Senate by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed bills of the following titles, viz:

A bill for "An act to reimburse the internal improvement fund for advancements made to the canal fund,"

A bill for "An act to legalize the assessment of property in the county of Peoria, for the year 1840,"

In the passage of which bills, they ask the concurrence of the House of Representatives.

A bill for "An act to incorporate the town of Macomb;" was taken up for consideration.

On motion of Mr. Bailey,

The rules of the House were dispensed with, and the bill read a second time by its title.

Mr. Bentley moved to refer the bill to a select committee; which was not agreed to.

Mr. Leary moved to refer said bill to the committee on Banks and other Corporations; which was not agreed to.

Mr. Bentley moved the following as an additional section:

"The Legislature hereby reserve the right to alter, amend, or repeal this act when the public good may require the same."

101

On motion of Mr. Webb,

Said bill wiith amendment were referred to the committee on the Judiciary.

Senate bill for "An act to make school commissioners elective by the People;" was taken up for consideration, read the first time, and

Ordered to a second reading.

Senate bill for "An act to vacate the town plat of the town of Lancaster in Henry county;" was taken up for consideration, was read a first time, and

Ordered to a second reading.

Senate bill for "An act for the relief of the inhabitants of town thirty-three north, range three east of the third principal meridian;" was taken up for consideration; was read a first time, and,

On motion of Mr. Dodge,

The rule of the House was dispensed with, and the bill read a second time by its title, and

Ordered to a third reading.

Senate bill for "An act to amend an act, entitled An act to incorporate the city of Quincy, approved February 3, 1840;" which was read the first time, and

Ordered to a second reading.

Senate bill for "An act to incorporate the city of Nauvoo," was taken up for consideration, and

On motion of Mr. Turney,

The rules of the House being dispensed with, and read a first and second time by its title, and referred to the committee on the Judiciary.

The message from the Senate, having for its object the election of a United States Senator, was taken up for consideration.

Mr. Dougherty moved to lay the same on the table; which was not agreed to, when the resolution was concurred in.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have concurred with them in the passage of a bill or "An act, to amend an act entitled ‘An act, to provide for the settlement of debts and liabilities on account of the internal improvements in the State of Illinois;’ approved February 1, 1840."

I am further directed to inform the House of Representatives, that they have adopted the following resolution, viz;

Resolved by the Senate, That the Secretary of the Senate inform the House of Representatives, that they will remain in session, if necessary, until 12 o'clock this evening, in hopes of receiving the action of the House of Representatives, on the subject of paying the January interest on the pubic debt.

They have also adopted the following resolution, viz:

Resolved by the Senate, the House of Representatives concurring herein, That the Board of Public Works be requested, and they are hereby instructed not to audit or settle any more claims against the State, either from contractors or other persons, until further directed by authority from the Legislature.

In the passage of which resolutions, they ask the concurrence of the House of Representatives.

Mr. Webb, on leave, offered for adoption the following resolution:

102

"Resolved, That in answer to the resolution of the Senate on that sub ject, the Clerk inform the Senate that they need not incommode them selves longer than half past eleven o'clock this evening, in waiting for the action of this House on the subject of the January interest;" which was agreed to.

Ordered, That the Clerk inform the Senate thereof.

A message from the Senate, instructing the Board of Public Works not to audit or settle any more claims against the State; was taken up for consideration, and concurred in.

Ordered, That the Clerk inform the Senate thereof.

Senate bill for "An act to reimburse the internal improvement fund for advancements made to the canal fund;" was read the first time, and

Ordered to a second reading.

Senate bill for "An act to legalize the assessment of property in the county of Peoria for the year 1840;" was read the first time, and

Ordered to a second reading.

The Speaker laid before the House a communication from the Auditor of Public Accounts; which,

On motion of Mr. Dougherty,

Was, without reading, laid on the table, and five hundred copies there of, ordered to be printed.

Mr. Olds, on leave, offered for adoption the following resolution:

"Resolved, That the committee on the Judiciary, be instructed to examine the official bonds of the late Fund Commissioners, and also, their contracts for the sale of State bonds, and report to this House whether, in their opinion, said commissioners have not forfeited the penalty of said bonds; and whether suits should not be instituted against said commissioners and their sureties for the amount of the same;" which was agreed to.

Mr. Crain from the committee on Engrossed Bills, reported as correctly engrossed a bill for "An act, declaring the town of Benton, the permanent seat of justice for the county of Franklin."

The Speaker laid before the House a communication from the State Treasurer; which, without reading,

On motion of Mr. Dougherty,

Was laid on the table, and five hundred copies thereof ordered to be printed for the use of the House.

Mr. Bradford, on leave, moved for adoption the following resolution.

"Resolved, That the committee on Finance be instructed to enquire into the expediency of so amending the revenue laws of this State,as to authorize the county commissioners courts of the several counties of this State, to appoint but one assessor annually; and that the assessors be al lowed until the 20th day of August to make their returns to the Clerk; and that they report by bill or otherwise;" which was agreed to.

On motion of Mr. Parsons,

The rules of the House being suspended,

Resolved, That the committee on the Judiciary be instructed to enquire as to the expediency of so amending the laws concerning minors,orphans, and guardians, as to require guardians to account annually to the probate justices of the county in which said guardian may reside.

On motion of Mr. Munsell,

The rules of the House being suspended,

103

"Resolved, That the committee on Finance be instructed to enquire and report to this House as early as may be convenient, what provision can be made for the payment of contractors on the different railroads in this state, and especially for such portion of them as finished their contracts during the year 1839."

The Speaker laid before the House a communication from the Commissioners, of the State House; which, without reading, was

On motion of Mr. Dodge,

Laid on the table, and one hundred and fifty copies thereof, ordered to be printed.

Mr. Cunningham, on leave, introduced a bill for "An act supplemental to an act entitled ‘An act, in relation to the Charleston Seminary and Jonesboro' College, approved February 3,1840;’" which was read the first lime, and

Ordered to a second reading, and

On motion of Mr. Cunningham,
The rules of the House were dispensed with, and the bill now read a second time by its title, and ordered to be engrossed; when,

On motion,

The House adjourned.

Friday, December 11, 1840.

House met pursuant to adjournment.

Mr. Wilson asked and obtained leave of absence for Mr. Olds, a Representative from Macoupin county, until Monday next.

Mr. Moore presented the petition of the Judges of the Commissioners' Court of St. Clair county, which was, on his motion, referred, without reading, to a select committee.

Ordered, That Messrs. Moore, Phelps, and Crain be said committee.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, reported a bill for "An act to repeal an act incorporating the town of Juliet;" which was read the first time, and

Ordered to a second reading.

Mr.Crain, from the committee on Engrossed Bills, reported as correctly engrossed, a bill for "An act making partial appropriations."

Mr. Peck from the committee on Finance, to which was referred a bill for "An act to provide for the payment of interest upon the public debt," reported a bill as a substitute for the original bill, which being read, Mr. Hardin moved to amend the report by adding as follows:

"SEC. There shall be an additional tax of one dollar on each one thousand dollars worth of property, levied and collected according to the revenue laws of this State for collecting a State tax, the proceeds of which shall be exclusively set apart and applied to the payment of the interest accruing firSt. on the bonds hereby authorized to be hypothecated, and secondly, to the payment of the interest which may hereafter accrue on bonds which may here after be authorized to be hypothecated; thirdly, the remainder of the proceeds arising from said tax shall be paid into the State treasury.

"SEC. — - Hereafter there shall not be levied, for county purposes, more

104

than forty cents on the hundred dollars worth of property, according to the legal assessment made thereon."

Mr. Kitchell demanded a call of the House, and upon calling the roll, it appearing there was but one absentee,

On motion of Mr. Drummond,

Further procceedings under the call were dispensed with.

Mr. English moved to lay the report of the committee with the proposed amendment on the table; which was not agreed to.

On motion of Mr. Cavarly,

The amendment offered by Mr. Hardin, was laid on the table,by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bentley, Blackmail, Bussy, Carpenter, Cavarls Charles, Courtright, Grain, Cunningham, Dollins, Dougherty, Drummond, Dunlap, English, Froman, Hankins, Hicks, Humphrey, Kelly, Kitchell Laughlin, Lester, Logan, McClernand, McClurken, McDonald, McGin nis, Marshall, Minshall, Moore, Munsell, Murphy of Perry, Odam, Oli ver, Ormsbee, Parsons, Peck, Ross, Scott, Trumbull, Turney, Waters, Webb, Wheeler, White, Wilson, and Mr. Speaker — 48.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bissell, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cox, Darnielle, Denny, Edwards, Emmerson, Francis, Funk, Gillespie, Green, Gridley, Hardin, Henderson, Hull, Leary, Lincoln, McLean, Menard, Murphy of Cook, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, WeSt. Woodson, and Wood — 38.

Mr. Cavarly moved to amend the report of the committee, by adding as follows:

"The entire tax arising from real estate as now authorized by law shall hereafter be paid into the State treasury, and so much thereof as may be necessary, irrevocably pledged for the redemption of the bonds herein authorized to be hypothecated, and as a fund for the payment of interest to become due on said internal improvement debt; which was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,
Mr. Cavarly — I.

Those voting in the negative, are,

Messrs. Able, Archer, Bailey, Baldwin, Beall, Bennett, Bentley, Bissel, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy Canady, Carpenter, Charles, Courtright, Cox, Crain, Cunningham,Dar nielle, Denny, Dollins, Dougherty, Drummond, Dunlap, Edwards, Em merson, English, Francis, Froman, Funk, Gillespie, Green, Gridley Hankins, Hardin, Henderson, Hicks, Hull, Kelly, Kitchell, Laughlin Leary, Lester, Lincoln, Logan, McClernand, McClurken, McDonald, McGinnis, McLean, Marshall, Menard, Minshall, Moore, Munsell,Mur phy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parkinson,Par sons, Peck, Phelps, Phillips, Reynolds, Ross, Scott, Thornton, Threlkeld, Troy, Trumbull, Turney, Waters, Webb, WeSt. Wheeler, White, Wilson, Woodson, Wood, and Mr. Speaker — 83.

A message from the Senate by Mr. Berry their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Rep resentatives that they have concurred with them in the adoption of a

105

resolution having for its object the appointment of a joint select committee consisting of three on the part of the House, and two from the Senate, to draft a memorial praying Congress to make a further donation of land to the State Illinois, to aid her in the prosecution of the Illinois and Michigan canal; and that they have appointed Messrs. Pearson and Ralston the committee on the part of the Senate.

They have also concurred with the House in the passage of a resolution requiring the Secretary of State to make out a tabular statement of the census of this State, showing the number of inhabitants, &c.

They have also passed a bill of the following title: a bill for "An act to provide for the payment of the interest on the internal improvement debt;" in the passage of which they ask the concurrence of the House of Representatives.

The House adjourned to 2 o'clock, P. M.

Two O'Clock, P. M.

The House met pursuant to adjournment.

Mr. Blackman, on leave, introduced a bill for "An act, entitled, an act authorizing the erection of a bridge across Saline river;" which was read a first time, and

Ordered to a second reading.

Mr. Kitchell, on leave, introduced the following resolution:

Resolved, That the Fund Commissioner be requested to furnish this House with any information in his possession as to the possibility of raising the money necessary to meet the interest due in January, and also, copies of any letter or letters which he may have received in relation thereto, since he left New York.

Senate bill for "An act for the relief of the inhabitants of town thirty-three, north, range three east of the 3d principal meridian," was taken up for consideration, read a third time, and passed.

Ordered, That the title of the bill be as aforesaid , and that the Clerk inform the Senate thereof.

Engrossed bill for "An act declaring the town of Benton the permanent seat of justice for the county of Franklin," was taken up for consideration, read a third time, and passed.

Ordered, That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Engrossed bill for "An act making partial appropriations," was read the third time, when,

On motion of Mr. Bentley,

Was amended by adding the following words, viz: "and also one hundred dollars each to the Copyists of the Journals of each House;" when the bill was passed.

Ordered, That the title of the bill be as aforesaid, and that the Clerk inform the senate thereof, and ask their concurrence therein.

Senate bill for "An act to amend an act, entitled, ‘An act to incorporate the city of Quincy,’ approved February 3d, 1840," was read a secondtime, and

On motion of Mr. Laughlin,

Referred to a select committee.

106

Ordered, That Messrs. Laughlin, Wheeler, and Charles, be said committee.

Senate bill for "An act to vacate the town plat of the town of Lancas ter, in Henry county," was read a second time, and

Ordered to a third reading.

Senate bill for "An act making school commissioners elective by people," was read a second time, and referred to the committee on Education.

Senate bill for "An act to reimburse the internal improvement fund for advancements made to the canal fund," was read a second time, and

On motion of Mr. Murphy of Cook,

Was referred to the committee on Internal Improvements.

Senate bill for "An act to legalize the assessment of property in the county of Peoria, for the year 1840," was read a second time, and

On motion of Mr. Moore,

Was referred to a select committee.

Ordered, That Messrs. Moore, Phelps, and Crain, be said committee Mr. Murphy of Cook, on leave, introduced a bill for "An act to repeal an act incorporating the town of Juliet," which was read a first time, and

Ordered to a second reading;

When, on his motion, the rule of the House was dispensed with, and the bill read a second time, by its title, and

Ordered to be engrossed for a third reading.

Senate bill for "An act to provide for the payment of the interest on the internal improvement debt;" was taken up for consideration, read a first time, and,

On motion of Mr. Turney,

The rule of the House was dispensed with, and the bill read a time, by its title.

Mr. Kitchell moved to amend the bill by adding the following proviso:

"And provided, further, That no interest be paid upon bonds that have been parted with in violation of law, and when no consideration therefor has been received by this State."

Mr. Murphy of Cook, moved to lay said proviso on the table; which was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Bradford, Bennett, Brown of San gamon, Brown of Vermilion, Cavarly, Charles, Cox, Darnielle,Denny, Dodge, Dougherty, Drummond, Edwards, Emmerson, Francis,Funk Gillespie, Hardin, Hull, Humphrey, Leary, Lincoln, McGinnis, McLean, Menard, Murphy of Cook, Parkinson, Peck, Phelps, Reynolds, Thornton, Troy, Woodson, and Mr. Speaker — 39.

Those who voted in the negative, are,

Messrs. Baldwin, Bentley, Bissell, Blackman, Bussy, Canady, Carpen ter, Courtright, Crain, Cunningham, Dollins, Dunlap, English,Froman, Gridley, Hankins, Henderson, Hicks, Kitchell, Laughlin, Lester, Logan McClernand, McClurken, Marshall, Minshall, Moore, Munsell, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Ross, Scott, Threlkeld, Trum bull, Turney, Waters, WeSt. Wheeler, White, Wilson, and Wood-43.

On the question of the adoption of the proviso as offered by Mr. Kitchell,

107

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs, Baldwin, Bentley, Bissel, Blackman, Bussy, Canady, Carpenter, Cavarly, Courtright, Grain, Cunningham, Dollins, Dunlap, English, Froman, Funk, Hankina, Hicks, Humphrey, Kitchell, Lester, Logan, McClernand, McClurken, Marshall, Moore, Munsell, Murphy of Perry, Odam, Oliver Ormsbee, Parsons, Ross, Scott, Threlkeld, Trumbull, Tur-ney, Waters, Wheeler, White, Wilson, and Wood — 41.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Charles, Cox, Darnielle, Denny, Dodge, Dougherty, Drummond, Edwards, Emmerson, Francis, Gillespie, Gridley, Hardin, Henderson, Hull, Laughlin, Leary, Lincoln, McGinnis, McLean, Menard, Minshall, Murphy of Cook, Parkinson, Peck, Phelps, Reynolds, Thornton, Troy, Woodson and Mr. Speaker — 40.

When the House refused to order the bill to a third reading.

Mr. Charles, on leave, introduced a bill for "An act in relation to a road therein named;" which was read a first time, and

Ordered to a second reading.

Mr. Bissell offered for adoption the following resolution:

"Resolved by the House of Representatives, the Senate concurring herein, That both Houses of the General Assembly do go into the election of an Attorney General of this State, on Monday next, the 14th instant, at 2 o'clock, P. M., in the Representative Hall, which was not agreed to.

Mr. Henderson moved for adoption, the following preamble and resolution;

Whereas, The county commissioners' courts are, by law, fully authorized and empowered to regulate and control all subjects in relation to all kinds of roads; and said courts being directly amenable to the people, who have to keep up said roads; and by placing the power in the hands of said courts, there is great saving of time and money;

Resolved, That this House will not, during the present session, entertain any proposition which has for its object, the creation, alteration, or abolishing any State road whatever.

On motion of Mr. Lincoln,

Said preamble and resolution were laid on the table.

On motion of Mr. Trumbull,

The bill for "An act to provide for the payment of the interest upon the public debt," together with the report of the committee on Finance, were taken up for consideration, when the House refused to concur with the committee in their report; and

The House adjourned.

Saturday, December 12, 1840.

House met pursuant to adjournment.

Mr. Dodge presented the petition of sundry citizens of La Salle country which was read, and on his motion, referred to a select committee.

108

Ordered, That Messrs. Dodge, Leary, and West be that committee

Mr. Kitchell presented the petition of John Van Orman; which read, and on his motion, referred to the committee on Claims.

Mr. Kitchell presented the petition of sundry citizens of Hillsboro', Montgomery county; which, without reading, was on his motion, referred to the committee on State Roads.

A bill for "An act to provide for the payment of interest upon the State debt," coming up for consideration,

Mr. Henderson moved to amend the first section by striking out all that part of said section, which relates to the taxation of land exclusively, and inserting in lieu thereof " — — — — cents on each one hundred dollars Worth of property."

Mr. Cavarly moved to amend the bill by striking out all after the en acting clause, and inserting as follows:

"That the Fund Commissioner is hereby authorized and empowered to hypothecate any amount of State bonds, which may be necessary to raise a sum of money sufficient to pay the interest which will fall due on the internal improvement debt, on the first Monday in January, 1841; said bonds shall bear an interest at the rate of six percent, and be redeemable on or before the first day of January, 1842.

"SEC. 2. The Fund Commissioner is hereby required to pay over the moneys arising from the hypothecation of said bonds, in discharge of the interest for which the State is legally liable, and due on the internal improvement debt in January, 1841;" which amendment was rejected by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Bailey, Beall, Bentley, Bradford, Brown of Sangamon, Bussy, Cavarly, Charles, Darnielle, Denny, Dodge, Dougherty, Drum mond, Edwards, Francis, Gillespie, Green, Hull, Humphrey, Laughlin, Leary, Lincoln, McDonald, McGinnis, McLean, Menard, Marshall, Murphy of Cook, Odam, Oliver, Peck,Phelps, Reynolds, Ross, Scott,Tur ney, Waters, WeSt. Wood, and Mr. Speaker — 41.

Those who voted in the negative, are,

Messrs. Archer, Baldwin, Bennett, Bissell, Blackman, Brown of Vermilion, Canady, Carpenter, Courtright, Cox, Crain, Cunningham, Dollins Dunlap, Emmerson, English, Froman, Funk, Gridley, Hankins, Hardin, Henderson, Hicks, Kelly, Kitchell, Lester, Logan, McClernand, McCIur ken, Marshall, Moore, Munsell, Murphy of Perry, Ormsbee, Parkinson, Parsons, Phillips, Prentice, Thornton, Threlkeld, Troy, Trumbull, Webb, Wheeler, White, Wilson, and Woodson — 47.

Mr. Trumbull moved to lay the amendment proposed by Mr. Henderson on the table; which was not agreed to.

Mr. Odam moved the previous question; which was not sustained.

Mr. Trumbull moved the following as a substitute for the first section:

"That hereafter all the State's portion of the revenue to be derived under the revenue laws from all the lands that shall become subject to taxation in the year 1841, and thereafter, shall be held subject to the uses and purposes hereinafter mentioned;" which was agreed to.

Mr. McClernand moved to fill the blank in section 6th, with "seven."

Mr. Carpenter moved to fill said blank with "six."

And the vote being taken on filling said blank with "seven."

It was decided in the affirmative.

109

On motion of Mr. McClernand,

The words "Safety Fund" were stricken out, and the words "Internal Improvement" inserted in lieu thereof.

Mr. Kitchell moved to strike out the word "bonus" in second section, and insert "revenue," which was not agreed to.

And the question recurring, on ordering the bill to be engrossed for a third reading,

It was decided in the negative by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bissell, Blackman, Bussy, Carpenter, Courtright, Crain Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Logan, McClernand, McCIur-ken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphyof Perry, Ormsbee, Parsons, Prentice, Ross, Trumbull, Wilson, Wood, and Mr. Speaker — 36.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cavarly, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Lester, Lincoln, McLean, Menard, Minshall, Munsell, Odam, Oliver, Parkinson, Peck, Phelps, Phillips, Reynolds, Scott, Thornton, Threlkeld, Troy, Turney, Waters, Webb, WeSt. Wheeler and Woodson — 51.

The Speaker laid before the House a communication from the Fund Commissioner, in relation to the subject of the above bill; which was read and laid on the table.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed bills of the following titles, to wit:

"An act to authorize the removal of the seat of justice of Adams county;"

"An act to incorporate the Benton Academy in Franklin county."

In the passage of which bills, they ask the concurrence of the House of Representatives.

Mr. Trumbull moved that the House adjourn; which was not agreed to.

When,

On motion,

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

On motion of Mr. Woodson,

The rules of the House being dispensed with,

"Resolved, That the use of the Hall of the House of Representatives be, and is hereby granted to the Convention in favor of Education, to be held in the city of Springfield, beginning on the evening of the 16th of December, 1840; and that the said convention be allowed to occupy said Hall, so long as the same shall continue its meetings, provided the said Hall shall not be wanted at night for the purposes of the legislatures."

110

Senate bill for "An act to vacate the town plat of the town of Lancaster in Henry county;" was read the third time, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof.

A bill for "An act in relation to a road therein named;" was read the second time, and

Ordered to be engrossed.

A bill for "An act, authorizing the erection of a bridge across Saline river;" was read the second time, and

Ordered to be engrossed.

Senate bill for "An act to authorize the removal of the seat of justice of Adams county;" was read the second time, and

Ordered to a third reading.

Senate bill for "An act to incorporate the Benton Academy, in Franklin county;" was read the second time, and

On motion of Mr. Dollins,

Referred to a select committee.

Ordered, That Messrs. Dollins, Blackmail and Hicks be that committee

Mr. Kitchell, from the Judiciary committee to which was referred the bill for "An act to incorporate the town of Macomb;" reported the same back to the House without amendment.

Mr. Bentley moved to refer the game to a select committee; which was not agreed to.

Mr. Bentley moved to amend the bill by adding the following:

"Section 18. The Legislature hereby reserves the right to alter amend or repeal this act, when the public good may require the same;" which was not agreed to; when the bill was

Ordered to be engrossed for a third reading.

Mr. Kitchell, from the committee on the Judiciary, to which was referred the Senate bill for "An act to incorporate the city of Nauvoo;" reported the same back to the House without amendment; and the bill was
Ordered to a third reading.

Mr. Oliver moved to dispense with the rules of the House, and read the bill now a third time by its title; which was agreed to, and the bill passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof.

Mr. Logan, from the select committee to which was referred the petition of John Barrow and others; reported a bill for "An act for the relief of the heirs of Daniel Barrow, deceased;" which was read the first time, and

Ordered to a second reading.

On motion of Mr. Logan,

The rules of the House were dispensed with, and the bill now read a second time by its title, and

On motion of Mr. Webb,

Referred to the committee on the Judiciary.

Mr. Brown of Vermilion, from the select committee to which was referred the petition of sundry citizens of Vermilion county, reported a bill for "An act to vacate apart of the plat of McRoberts and Walker's addition to the town of Danville," which was read the first time, and

Ordered to a second reading, and

111

On motion of Mr. Brown of Vermilion,

The rules of the House were dispensed with, and the bill now read the second time by its title, and

Ordered to be engrossed.

Mr. Leary, from the committee on Enrolled and Engrossed Bills, re-ported as correctly enrolled, bills of the following titles:

"An act to amend an act entitled ‘An act, to provide for the settlement of debts and liabilities incurred on account of internal improvements in the State of Illinois;’ approved February 1, 1840."

Also as correctly engrossed, bills of the following titles:

"An act to vacate a part of the town plat of Bennett's addition to the town of Petersburg, and for other purposes;"

"An act to amend an act entitled An act, to regulate tavern and grocery licenses;"

"An act supplemental to an act entitled ‘An act, in relation to the Charleston Seminary and Jonesboro’ College;" approved February 3, 1840.

Mr. Denny, from the select committee to which was referred the petition of N. Sanburn, reported a bill for "An act to authorize Charles Sanburn, a minor, to execute a deed to the person therein named;" which was read the first and second time, and

Ordered to be engrossed for a third reading.

Mr. Ennmerson, on leave, introduced a bill for "An act to amend an act, authorizing a distribution of the Laws and Journals of this State;" which was read the first time, and

Ordered to a second reading.

Mr. Ross, from the select committee to which was referred a certain petition, reported a bill for "An act to locate and establish a State road from Peoria, in Peoria county to Fairview, in Fulton county;" which was read the first time, and

Ordered to a second reading.

Mr. Edwards, from the select committee to which was referred, a resolution in relation to the policy of distributing the proceeds of the public lands, made a report, which, without reading,

On motion of Mr. Trumbull,

Was laid on the table.

Mr. Woodson, on leave, introduced a bill for "An act to dispense with the services of State House Commissioners, and to settle their accounts;" which was read the first time, and

Ordered to a second reading.

Mr. Hardin moved that the rule of the House be dispensed with, and the bill read the second time by its title; which was not agreed to.

Mr. Hardin proposed for adoption the following resolution, viz:

Resolved by the House of Representatives, the Senate concurring herein, That the two Houses of this Legislature will convene in the Hall of the House of Representatives, on Monday the 14th inst., at 3 o'clock, P. M. for the purpose of electing one Fund Commissioner, to hold his office for two years, from and after the first day of January next.

Mr. Peck moved to lay the resolution upon the table; which was not agreed to.

112

Mr. Kitchell moved that the House adjourn; which was decided in the negative; when,

On motion of Mr. McClernand,

The resolution was committed to the committee on Elections; by yeas and nays as follows, to wit:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bentley, Bissell, Blackman, Bussy, Carpenter, Cavar ly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, Mc Clernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Peck, Pren tice, Ross, Scott, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker — 15.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bradford, Brown of San gamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, Mc Lean,Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 42

On motion of Mr. Leary,

Resolved, That the committee on the Judiciary be instructed to enquire into the expediency of making the statute laws of Illinois, as published by Stephen F. Gale, evidence in the courts of justice of this State, and they be instructed to report, by bill or otherwise.

Mr. Lincoln, from the select committee to which was referred a bill from the Senate for "An act to vacate the town plat of the town of Livingston," reported the same with amendments; which were read, and concurred in.

The bill was then

Ordered to a third reading, as amended.

On motion of Mr. Ross,

Resolved, That the committee on the Judiciary be instructed to enquire into the expediency of consolidating the offices of county Collector and county Treasurer into one, and make the same elective by the people, and that they report by bill or otherwise.

Mr. Archer proposed for adoption the following resolutions, viz:

Resolved, That the committee on Canals and Canal Lands be discharged from the further consideration of an examination, &c. of the account, expenditures, and proceedings of the Board of Commissioners of the Illinois and Michigan Canal, being instructed to bring in a bill for that purpose

Resolved, That a joint select committee be appointed, to consist of two on the part of the Senate, and three on the part of the House of Representatives, whose duty it shall be to investigate all the official acts and doings of the Board of Commissioners of the Illinois and Michigan Canal; that they have power to send for persons and examine witnesses on oath require an exhibition of the records, books, vouchers, and papers appertaining to said office, and that they report thereon, to the present General Assembly, as early as practicable.

Resolved, That the Board of Commissioners of the Illinois and Michigan Canal, be, and they are hereby instructed, to bring all the records;

113

vouchers,profiles, and papers appertaining to their office, together with their Secretary, and Clerk, their Principal and resident Engineers, to the City of Springfield, as soon as possible, in order to facilitate the investigation of their official acts and doings; and after discussion had thereon,

The House adjourned till Monday morning at 10 o'clock.

Monday, December 14, 1840.

House met pursuant to adjournment.

Mr Kitchell presented the petition of sundry citizens of Montgomery county, which, on his motion, without reading, was referred to the committee on State Roads.

Mr. Logan presented the petition of sundry citizens of Jackson county, praying that James Willis be divorced from his wife, Susan Willis; which without reading, was referred, on his motion, to a select committee.

Ordered, That Messrs. Logan, Barnett, and Dougherty be said committee.

Mr. Canady presented the petition of the Society of Friends in Vermilion county; which, on his motion, without reading, was referred to the judiciary committee.

Mr. Hardin presented the petition of Wm. M. Berry; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Leary presented the petition of sundry citizens of Chicago, Cook county, in relation to the Chicago Branch of the State Bank; which, with-out reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Leary, Courtright, and McClernand be said committee.

Mr. Leary, from the committee on Engrossed and Enrolled Bills, reported, that said committee had laid before the Council of Revision a bill for "An act to amend an act, entitled, ‘An act to provide for the settlement of debts and liabilities incurred on account of internal improvements in the State of Illinois,’ approved February 1, 1840."

Mr. Carpenter presented the petition of sundry citizens of Gallatin county, in relation to a State road; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Carpenter, Wood, and Wilson be said committee.

Mr.Dodge presented the petition of James M. Strode; which was read, and on his motion, referred to a select committee.

Ordered, That Messrs. Dodge, Murphy of Perry, and Trumbull be said committee.

Mr.Crain, from the committee on Engrossed Bills, reported as correctly engrossed bills of the following titles:

"An act to repeal ‘An act incorporating the town of Juliet;’"

"An act to authorizing the erection of a bridge across Saline river;"

"An act to authorize Charles San burn, a minor, to execute a deed to a person therein named."

Mr. Moore, from the select committee to which was referred the Senate bill for "An act to legalize the assessment of property in the county of

114

Peoria, for the year 1840," reported the same back to the House, with amendments; which were read, and concurred in, and the bill as amended was

Ordered to a third reading.

Mr. Denny, from the select committee, to which was referred the peti tion of sundry citizens of Galesburg, Knox county, reported a bill for "An act to incorporate the town of Galesburg, in Knox county;" which, on his motion, the rule of the House was dispensed with, and the bill read the first time, by its title, and

Ordered to a second reading.

Mr. Parsons, from the select committee to which was referred the peti tion of sundry citizens of Pike county, reported a bill for "An act to vacate a part of the town plat of the town of Griggsville;" which was read the first and second time, and

Ordered to be engrossed.

Mr. Munsell, on leave, introduced a bill for "An act to vacate the town plat of the town of Jefferson;" which wag read the first time, and

Ordered to a second reading.

Mr. Wheeler, from the select committee to which was referred the petition of sundry citizens of Pike county, reported a bill for "An act authorizing and empowering the judges of the said several circuit courts, in their respective circuits, to appoint and remove the clerks of the said several circuit courts of this State, at pleasure;" which was read the firsttime, and refused a second reading, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bentley, Bissell, Bassy, Carpenter, Cavarly, Courtright, Dodge, Dollins, English, Hankins, Humphrey, Kitchell, Laughlin, Lester McClernand,McGinnis, Marshall, Menard, Moore, Murphy of Cook, Murphy of Perry, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker-36

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Barnett, Beall, Bennett, Blackman, Brad ford, Brown of Vermilion, Canady, Charles, Cox, Crain, Cunningham, Dar nielle, Denny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Froman, Gillespie, Green, Gridley, Hardin, Henderson, Hicks, Hull,Kelly, Lea ry, Lincoln, Logan,McClurken, McLean, Minshall, Munsell, Odam, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 48.

On motion of Mr. Threlkeld,

"Resolved, That the committee on Education be required to enquire in to the expediency of reporting a bill having for its object the distribution of the common school fund amongst the several counties according to population, agreeably to the census of eighteen hundred and forty."

Mr. Dodge offered for adoption the following resolution:

"Resolved, the Senate, concurring herein, That the members of the Senate, and of the House of Representatives, meet in the Hall of the House, at 2 o'clock on Tuesday next, and proceed to the election of an Attorney General of this State; which was not agreed to."

The resolutions offered on Saturday laSt. by Mr. Archer, coming up for consideration, after discussion, Mr. Kitchell moved to lay the same on the table; which was not agreed to, by yeas and nays, as follows:

115

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, McClernand, McClurken, Marshall, Moore, Murphy of Perry, Odam, Oliver Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker — 43.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sanga — mon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Dar-nielle, Denny, Dougherty, Drummond, Edwards, Emmerson, English, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, Logan, McGinnis, McLean, Menard, Minshall, Munsell, Murphy of Cook, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 43.

When,

On motion,

The House adjourned to 3 o'clock.

Two O'Clock, P. M.

House met pursuant to adjournment.

Senate bill for "An act to vacate the town plat of the town of Livingston," was read the, third time, and passed.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence in the amendments to the same.

Engrossed bills of the following titles were severally read the third time, and passed:

"An act to vacate a part of the town plat of Bennett's addition to the town of Petersburg, and for other purposes;"

"An act to repeal ‘An act incorporating the town of Juliet;’"

"An act authorizing the erection of a bridge across Saline river;"

"An act supplemental to an act, entitled, ‘An act in relation to Charleston Seminary, and Jonesboro’ College, approved 3d February, 1840;"

"An act to authorize Charles Sunburn, a minor, to execute a deed to the person therein named."

Ordered, That the titles be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Senate bill for "An act to legalize the assessment of property in the county of Peoria, for the year 1840;"

On motion of Mr. Minshall,

Was referred to a select committee.

Ordered, That Messrs. Minshall, Canady, and Lester be said committee.

Senate bill for "An act to authorize the removal of the seat of justice of Adams county," was,

On motion of Mr. Laughlin,

Referred to a select committee.

116

Ordered, That Messrs. Laughlin, Bailey, and Parsons be said committee.

Engrossed bill for "An act to amend an act, entitled, An act to regulate tavern and grocery licenses," coming up for consideration, Mr. Bennett moved to strike out so much of the bill as repeals the 8th section of the law regulating groceries, approved 2d March, 1839;

On motion of Mr. Ormsbee,

Said amendment was laid on the table; and

On the further motion of Mr. Ormsbee, said bill was referred to a select committee.

Ordered, That Messrs. Ormsbee, Bennett, and Cavarly be said committee.

Bill for "An act to vacate the town plat of the town of Jefferson," was read a second time, and,

On motion of Mr. Cavarly,

Referred to the committee on the Judiciary, with the following instructions:

"That the committee on the Judiciary be instructed to bring in a bill providing for the vacation of towns, and the mode of perpetuating the evidence thereof."

Bill for "An act to locate and establish a State road from Peoria, in Peoria county, to Fair view, in Fulton county," was read the second time, and Mr. Charles moved to refer the same to the committee on State Roads; which was not agreed to, and the bill was

Ordered to be engrossed for a third reading.

Bill for "An act to amend an act authorizing a distribution of the Laws and Journals of this State," was read the second time, and

On motion of Mr. Parsons,

Referred to the committee on Education.

Bill for "An act to dispense with the services of the State House Com missioners, and to settle their accounts," was read the second time, and,

On motion of Mr. Ormsbee,

Referred to the committee on Public Accounts and Expenditures.

Bill for "An act to incorporate the town of Galesburg, in Knox county," was read the second time, and,

On motion of Mr. Leary,

Referred to the committee on Banks and other Corporations.

Mr. Hicks, on leave, introduced a bill for "An act to provide for the payment of interest;" which was read the first and second times, and

On motion of Mr. Trumbull,

Was amended by striking out the first proviso in the seventh section,

And on the question — "Shall the bill be engrossed for a third reading?"

It was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bissell, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Laughlin, Leary, Logan, McClernand, McClurken, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Ormsbee, Parsons, Prentice, Ross, Scott, Trumbull, Turney, White, Wilson, Wood, and Mr. Speaker — 40.

117

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle Denny, Dougherty, Drummond, Edwards, Emmerson, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Kelly, Kitchell, Lester, Lincoln, McLean, Menard, Minshall, Munsell, Oliver, Parkinson, Peck, Phelps, Phillips, Reynolds, Threlkeld, Thornton, Troy, Waters, Webb, WeSt. and Woodson — 45.

A message from the Council of Revision, by Mr. Douglass:

Mr. Speaker: I am directed by the Council of Revision to inform the House of Representatives that they have approved a bill for "An act to mend an act, entitled, ‘An act to provide for the settlement of debts and liabilities incurred on account of the system of internal improvements in the State of Illinois,’" approved February 1, 1840; when

The House adjourned.

Tuesday, December 15, 1840.

House met pursuant to adjournment.

Mr. Edwards, from the committee on Internal Improvements, to which was referred the bill for "An act to reimburse the internal Improvement fund, for advancements made to the canal fund;" reported the same back to the House with an amendment, which was read and concurred in.

Mr. Murphy of Cook, moved to refer the bill to the committee on Canals and Canal Lands; which was agreed to.

The resolutions offered some days since by Mr. Archer, in relation, to an investigation into the proceedings of the canal commissioners, coming up for consideration; were,

On motion of Mr. Peck,

Laid on the table.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed bills of the following titles, viz:

"An act to charter a Female Academy, in Marion county,"

"An act to amend an act to incorporate the Hamilton primary school;"

"An act in relation to Pedlars."

In the passage of which they ask the concurrence of the House of Representatives.

Mr. Cavarly, on leave, introduced a bill for "An act to provide for the payment of interest on the internal improvement debt;" which was read the first and times; when,

Mr. Kitchell moved to amend the same by striking out all after the enacting clause, and inserting "That all the property of the State belonging to the system of internal improvements" shall be offered at public sale at any time with in eighteen months after the passage, of this act for money down; such sale having been first published six weeks successively in two of the most public newspapers nearest to the place, when such property shall be sold, and the moneys, so received with all the revenue that may

118

be received by the State, under the present revenue law, or under any other act which may be passed for the purpose of raising revenue, shall be paid into the State Treasury, and be applied to the payment of all debts now due, and becoming due by the State for money borrowed, and for interest contracted on moneys received, and for all legal liabilities what ever.

SEC. 2. The Governor is hereby authorized and empowered to borrow from time to time, any amount of money that he may deem necessary to pay all debts and interest legally due by the State on money received or for property, or for labor done, or services rendered at an interest of not more than six percent, per annum, payable at any time that may be agreed upon, after the year one thousand eight hundred and fifty.

SEC. 3. The Governor is hereby authorized and empowered to appoint an agent or agents, to enable him to carry this act into effect, but he shall at all times require of such agent or agents, bond or bonds, with sufficient security or securities, as he may deem necessary for the due execution of their duties, and the securities of any moneys they may receive, and on all contracts for money borrowed, the Governor may issue such evidence of the contract signed by himself as Governor of the State, countersigned by the Auditor, and the Seal of the State affixed thereto.

Mr. Carpenter moved to amend the amendment by striking out the words "money down" and insert "on a credit of one, two, and three years, payable in three annual instalments securing the payments by mortgage or otherwise."

On motion of Mr. Murphy of Cook,

Said amendments were laid on the table; when the bill was

Ordered to be engrossed for a third reading, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Bailey, Barnett, Bentley, Bissell, Blackman, Bussy,Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Drummond, Dunlap, English, Gillespie, Green, Hicks, Humphrey, Kelly, Laughlin, Leary, Lincoln, Logan, McClernand, McClurken, McDonald, McGinnis, McLean, Marshall, Menard, Moore, Murphy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Peck, Phelps, Prentice, Reynolds, Ross, Scott, Shepley, Trumbull, Turney, White, Wilson, and Mr. Speaker — 51.

Those who voted in the negative, are,

Messrs. Archer, Baldwin, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Charles, Cox, Cunningham, Darnielle, Denny, Edwards, Emmerson, Froman, Funk, Gridley, Hankins, Hardin, Henderson, Hull, Kitchell, Lester, Minshall, Munsell, Parkinson, Phillips, Thornton, Threlkeld, Troy, Waters, WeSt. Wheeler, Woodson, and Wood — 37.

When,

On motion of Murphy of Perry,

The rules of the House were dispensed with, and the bill now read the third time, and passed, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Bailey, Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Drummond, Dunlap, English, Gillespie, Green, Hicks, Humphrey, Kelly, Laughlin, Leary, Lincoln, Logan, McClernand, McClurken, McDonald, McGinnis, McLean, Marshall, Menard, Moore, Murphy of Cook,

119

Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Peck, Phelps, Prentice, Reynolds, Ross, Scott, Shepley, Trumbull, Turney, White, Wilson, and Mr.Speaker-52.

Those who voted in negative, are,

Messrs. Archer, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Charles, Cox, Cunningham, Darnielle, Denny, Edwards, Emmerson, Froman, Funk, Gridley, Hankins, Hardin, Henderson, Hull, Kitchell, Lester, Minshall, Munsell, Parkinson, Phillips, Thornton, Threlkeld, Troy, Waters, WeSt. Wheeler, Woodson, and Wood-36.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein; when,

On motion,

The House adjourned until 3 o'clock.

Two O'Clock, P. M.

House met pursuant to adjournment.

Senate bill for "An act to amend an act to incorporate the Hamilton Primary School;" was read the first time, and

Ordered to a second reading.

Senate bill for "An act to charter a Female Academy in Marion county;" was read the first and second time, and On motion of Mr. Kitchell,

Referred to the committee on Education.

Senate bill for "An act in relation to Pedlars;" was read the first time, and

Ordered to a second reading.

A message from the Governor, by Mr. Douglass, Secretary of State:

Mr. Speaker: I am directed by the Governor to lay before the House a written communication.

The Speaker laid before the House a communication from the Governor, enclosing a report from the Board of Public Works; which was read, and

On motion of Mr. Murphy of Cook,

Laid the table, three hundred copies thereof ordered to be printed.

Mr. Blackman, on leave, introduced a bill for "An act to incorporate the Pisgah Academy;" which was read the first time, and

Ordered to a second reading.

On motion of Mr. Henderson,

The resolutions some days since offered by Mr. Archer, in relation to investigation into the doings of the canal Commissioners; was taken up for consideration, and

Mr. Bentley moved to amend the same by striking out all after the word "Resolved" and insert the following:

"By the House of Representatives, the Senate concurring herein, That the Governor appoint three suitable persons who shall repair immediately to Lockport, and make a full and complete investigation into the conduct and proceedings of the Canal Commissioners, and report thereof to the

120

present session of the General Assembly, and they are authorized to send for persons and papers."

Mr. Cavarly demanded a call of the House, and the roll having been called,

On motion of Mr. English,

Further proceedings under the call were dispensed with.

Mr. Henderson moved to amend the original resolutions by striking out "two" on the part of the House, and "one" on the part of the Senate, and insert "five" on the part of the House, and "three" on the part of the Senate; which was not agreed to.

Mr. Murphy of Cook demanded the previous question.

And on the question — "Shall the main question be now put?"

It was decided in the affirmative.

And the question being on the adoption of the proposed amendment.

It was decided in the affirmative, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Mur phy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Turney, Wheeler, White, Wilson, and Wood — 45.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Funk, Gillespie Gridley, Hardin, Henderson, Hull, Lincoln, Logan, McLean, Menard Minshall, Munsell, Oliver, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. Woodson, and Mr. Speaker — 42.

And the resolutions as amended, were agreed to by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Cavarly Courtright, Crain, Cunningham, Dodge, Dollins, Dougherty, English, Hardin, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Pren tice, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, and Wood — 44.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Charles, Cox, Darnielle, Denny, Drum mond, Dunlap, Edwards, Emmerson, Funk, Gillespie, Green, Gridley Hankins, Henderson, Lester, Lincoln, Logan, McLean, Menard,Minshall Oliver, Parkinson, Phelps, Phillips, Reynolds, Ross, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. Woodson, and Mr. Speaker — 43.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence therein.

121

Mr. Henderson moved to take up resolutions some days since offered by him in relation to State roads; which was not agreed to.

Mr. Murphy of Perry, from the select committee to which was referred the petition of sundry citizens of Hamilton, Franklin, and Perry counties; reported a bill for "An act, for the location of a State road in the counties of Hamilton, Franklin, and Perry;" which was read the first time, and

Ordered to a second reading.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have concurred with them in the passage of a bill for "An act to provide for the payment of the interest on the internal improvement debt, as amended by them."

In the passage of which amendments, they ask the concurrence of the House of Representatives.

Mr. Leary, from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following titles:

"An act to locate and establish a State road from Peoria, in Peoria county, to Fairview, in Fulton county;"

"An act in relation to a road therein named;"

"An act to vacate a part of the town plat of the town of Griggsville;"

"An act to vacate a part of the town plat of McRoberts and Walker's addition to the town of Danville."

The bill for "An act to provide for paying the interest on the internal improvement debt;" with the Senate amendments thereto, coming up for consideration,

The questions being on concurring with the Senate in their amendments,

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are, Messrs. Able, Bailey, Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Drummond, Dunlap, English, Gillespie, Green, Hicks, Humphrey, Kelly, Laughlin, Leary, Lincoln, Logan, McClernand, McClurken, McDonald, McGinnis, McLean, Marshall, Menard, Moore, Murphy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Peck, Phelps, Prentice, Reynolds, Ross, Scott, Shepley, Trumbull, Turney, White, Wilson, and Mr. Speaker — 53.

Those who voted in the negative, are,

Messrs. Archer, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Charles, Cox, Cunningham, Darnielle, Denny, Edwards, Emmerson, Funk, Gridley, Hankins, Hardin, Henderson, Hull, Kitchell, Lester, Minshall, Munsell, Parkinson Phillips, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. Wheeler, Woodson, and Wood — 35.

Ordered, That the Clerk inform the Senate thereof.

Mr. Munsell offered for adoption the following resolution:

Resolved, That a select committee of three from this House be apponied to examine the accounts of the former commissioners of the Board of Public Works, and report to this House, whether said Commissioners to settled their accounts with the State, and whether any thing appears to be due from the State to the Commissioners, or from the Commissioners to the State. And if any amount of money is due to the State, whether

122

any further Legislative action is necessary on the subject, and that said committee be authorized to send for persons and papers; which was agreed to.

Ordered, That Messrs. Munsell, Ross, and Ormsbee be said committee

On motion of Mr. Shepley,

Resolved, That the committee on Counties be instructed to enquire into the expediency of empowering the counties of this State to erect Alms. houses, and purchase a certain amount of real estate for such purposes, and that they report by bill or otherwise.

On motion,

The House adjourned.

Wednesday, December 16, 1840.

The House met pursuant to adjournment.

Mr. Murphy of Cook presented the petition of William Dormady; which was read, and on his motion, referred to a select committee of five.

Ordered, That Messrs. Murphy of Cook, Dodge, Kitchell, Prentice, and Gridley be said committee.

Mr. Barnett presented the petition of Nancy C. Dye; which, without reading, was, on his motion, referred to the committee on the Judiciary.

Mr. Edwards, from the committee on Internal Improvements, to which was referred a certain petition, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Dollins, from the select committee to which was referred the Senate bill for "An act to incorporate the Benton Academy, in Franklin county," reported the same back to the House with amendments; which was concurred in, and the bill, as amended,

Ordered to be read a third time.

Mr. Leary, from the committee on Engrossed Bills, reported as correctly engrossed, a bill for "An act to incorporate the town of Macomb,"

Mr. Murphy of Cook, from the committee on Banks, and other Corporations, reported a bill for "An act to amend an act to incorporate the city of Chicago," approved 4th March, 1837; which was read the first and second times, and,

On motion of Mr. Leary,

Referred to a select committee.

Ordered, That Messrs. Leary, Murphy of Cook, and McDonald be said committee.

Mr. Parsons presented the petition of sundry citizens of Adams and Pike counties; which, without reading, was, on his motion, referred to the committee on Counties.

Mr. McClernand moved for adoption, the following resolution:

Resolved, That Thomas Mather, President of the Bank of the State of Illinois, be requested to inform this House whether the Board of Directors of that institution, have adopted an order refusing to pay the Warrants issued by the Auditor of Public Accounts; and if so, when? and whether the Directors appointed for the State concurred in said order.

Mr. Phelps offered for adoption the following resolution, viz:

123

Resolved, That the committee on Roads be instructed to enquire Into the expediency of so amending the road law as only to allow the commissioners' courts of the several counties in this State to levy a labor tax of one day in each year, and permitting said courts to levy an annual tax of not exceeding percent. on all taxable property in their respective counties for road purposes, which said tax may be discharged in labor at a reasonable per diem allowance, and that they report by bill or otherwise.

Mr. White moved to amend by striking out "one day," and inserting "two days," which was not agreed to, when the resolution was adopted.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have concurred with them in the passage of a bill for "An act making partial appropriations."

On motion of Mr. Peck,

Resolved, That Thomas Mather, President of the State Bank, and John Marshall,Presidentof the Bank of Illinois, be respectively requested to furnish for the information of this House, the names of the persons employed in each of the said Banks and Branches, with the salaries allowed to each, including the Attorneys employed in each of said Banks, and the amount of compensation allowed to each of said Attorneys.

On motion of Mr. Lester,
Resolved, That the committee on State Roads be requested to enquire into the expediency of so revising and amending the road law, and printing of it in pamphlet form so that each supervisor can have a copy, and said committee report to this House, by bill or otherwise.

On motion of Mr. Hankins,

Resolved, That the Auditor of Public Accounts lay before this House a tabular statement showing the number of acres of land lying in each county in this State, which will become taxable for revenue purposes, in the years 1841, 1843, and 1843.

Mr. Bentley, on leave, introduced a bill for "An act to provide for the payment of grand and petit jurors of Bond county;" which was read the first and second times.

Mr. Murphy of Cook moved to amend said bill, by adding "the counties of Cook, Will, Lake, Du Page, and McHenry;" when,

On motion of Mr. Drummond, Said bill was referred to the committee on the Judiciary.

On motion of Mr. Cavarly,

Resolved, That the committee on Public Accounts and Expenditures be instructed to enquire into the expediency of providing by law for a permanent Board of Auditors Auditors, to be composed of the Auditor of Public Accounts, State Treasurer, and Secretary of State, whose duty it shall be to audit and settle the accounts of the late and present Board of Canal Commissioners, the late and present Board of Public Works, and such other receiving and disbursing agents of the State as may be necessary; and also, to settle all accounts with such contractors on the internal improvement works as have not yet been adjusted; and that said committee report by bill or otherwise.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate (the House of Representatives concurring herein) to inform the House of Representatives that they will

124

meet them in the Hall of the House of Representatives, on Wednesday the 16th inst., at 2 o'clock, P. M., for the purpose of electing an Attorney General for this State.

In the adoption of which resolution they ask the concurrence of the House of Representatives.

On motion of Mr. Shepley,

Resolved, That the committee on State Roads be instructed to enquire into the expediency of making a law authorizing and requiring the people of the several road precincts to elect their own supervisors, and that they report by bill or otherwise.

On motion of Mr. Brown of Sangamon,

Resolved, That the committee on Public Accounts and Expenditures be instructed to enquire into the expediency of abolishing the present system of printing, and of adopting a system by which the public printing may be let to the lowest bidder, and that they report by bill or otherwise.

Mr. Lester offered for adoption the following resolution:

Resolved, That the committee on Finance be instructed to enquire into the expediency of making it the duty of the county commissioners' courts to appoint one assessor, to reside in the bounds of each justice's district, for the purpose of taking in lists of taxable property in said district, and report by bill or otherwise; which was not agreed to.

On motion of Mr. Charles,

Resolved, That the committee on Internal Improvements report a memorial from this Legislature to Congress, asking that body to pass a law remitting the duty on the iron purchased by the State of Illinois; of Thompson & Forman, for railroad purposes.

On motion of Mr. Murphy of Cook,

Resolved, That the Governor be requested to transmit to this House communications which he may have received from Mr. Delafield, and the bankers to whom bonds have been sold, and which are now in a state of litigation relative to said bonds.

Mr. Hardin offered for adoption the following resolution:

Resolved, That the committee on Finance be instructed to report a making the county Treasurer perform the duties of assessor, and requiring him to assess all the property in his county.

Mr. Gridley moved to amend the resolution by striking out all after the word "bill," and inserting as follows: "requiring that there shall be elected in each county, one assessor, whose duty it shall be to assess all the tax-property of such county;" which resolution as amended, was agreed to;

Mr. Webb, on leave, introduced a bill for "An act to amend the law in relation to chancery practice;" which was read the first and second times by the title and referred to the committee on the Judiciary.

On motion of Mr. Dollins,

Resolved, That the committee on Finance be instructed to enquire into the expediency of so amending the present revenue law as to require one justice of the peace in each precinct, to assess the taxable property in such bounds, in the respective counties, with a view of dispensing with a large portion of the expenditures accruing under the existing revenue laws, and report by bill or otherwise.

Mr. Denny, on leave, introduced a bill for "An act providing for the collection of the State revenue in Greene, Bond, and other counties,"

125

which was read the first and second times, by-its'-title, and on his motion, referred to the committee on Finance.

Mr. Waters, on leave, introduced a bill for "An act for a State road from Shawneetown to Vienna;" which was read the first time, and

On his motion, the rule of the House was dispensed with, and the bill ad a second time, by its title, and

Ordered to be engrossed.

On motion of Mr. Woodson,

Resolved, That the committee on the Judiciary, to whom was referred a resolution requiring them to examine the official bonds of the late Fund Commissioners, and also, their contracts for the sale of State Bonds, &c., be further instructed to enquire whether said Fund Commissioners, or either of them, have received and appropriated to their own use any per centum or other monies arising from any of their negotiations in the sale of State Bonds, or other State securities, and that they have power to send for persons and papers, and examine witnesses on oath.

Mr. Green offered for adoption the following preamble and resolutions:

Whereas, The embarrassed condition of the finances of the State forbid the prosecution of all the works contemplated by our great system of internal improvements;

And whereas, Much money has already been expended on the Great Western Mail Route, which must be lost to the State, unless the unfinished works are put in a condition of more security than they now are, which may be done with comparatively small expense, and prove a great saving of labor and money to the State; therefore,

Resolved, That the committee on Internal Improvements be instructed to enquire into the propriety of providing the necessary means to place the work already done in a safe condition, and to finish such portions of work on said road as will render the work already done, available to the State, either by further appropriations from the State, or by providing some equitable plan to let the road to the respective counties through which it passes; and that they report by bill or otherwise; which was read and referred to the committee on Internal Improvements.

Mr. Hardin offered for adoption the following resolution:

Resolved by the General Assembly of Illinois, That it be recommended to the electors of this State, at the next general election of members of the General Assembly, to vote for or against a Convention to amend the Constitution of this State; and also demanded a call of the House, which having proceeded for some time,

On motion of Mr. Dodge,

Further proceedings under call of the House were dispensed with;

When,

Mr. Dodge moved to lay the resolution on the table; which was not agreed to.

Mr. Leary moved to refer said resolution to a committee of the Whole House, and make it the order of the day for Monday next; which was not agreed to; when the resolution was adopted by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Bailey, Barnett, Beall, Bennet, Bentley, Bissel, Blackman, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Charles, Cox, Darnielle, Denny, Dodge, Dollins, Dougherty, Drummond,

126

Dunlap, Edwards, Emmerson, Froman, Funk, Gillespie, Green, Gridley, Hardin, Henderson, Hull, Humphrey, Kitchell, Leary, Lester, Lincoln, Lo gan, McClernand, McClurken, McDonald, McLean, Menard, Minshall,Moore, Munsell, Murphy ot Perry ,Olds,Ormsbee,Parkinson,Parsons, Phelps Phillips, Reynolds, Ross, Scott, Shepley, Thornton, Troy, Trumbull, Turney, Waters, Webb, WeSt. Wheeler, and Woodson — 66.

Those who voted in the negative, are,

Messrs. Baldwin, Bradford, Cavarly, Courtright, Crain, Cunningham, English, Hankins, Hicks, Laughlin, McGinnis, Marshall, Murphy of Cook, Odam, Oliver, Peck, Prentice, Threlkeld, White, Wilson, Wood, and Mr. Speaker — 22.

Which being agreed to,

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence therein.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have adopted the following preamble and resolution, viz:

Whereas, by a mistake of the Secretary of the Senate, a message has been delivered by him to the House of Representatives, informing the House that a joint resolution has been passed by the Senate for the election of an Attorney General, which resolution accompanying the message and is now in the possession of the House,

And whereas, said resolution has not passed the Senate.

Therefore resolved by the Senate, That the House of Representatives respectfully requested to return said resolution to the Senate as soon practicable.

The above message from the Senate was taken up for consideration, and concurred in.

Ordered, That the Clerk inform the Senate of the same, and return to them their resolution.

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

On motion of Mr. Cavarly,

Resolved, That the Clerk inform the Senate, that the House is now ready to receive them in the Hall of the House, and proceed to the election at a Senator to the Congress of the United States.

The Clerk having discharged that duty,

The Senate preceded by their Speaker, appeared in the Hall of the House, and thereupon, both Houses proceeded to said election; and upon the vote being taken, Samuel McRoberts received seventy-seven votes, Cyrus Edwards received fifty votes, and Edward D. Baker one vote.

For Samuel McRoberts,

Messrs. Alien, Evans, Feaman, Gaston, Gatewood, Gibbs, Hacker,Harris, Herndon, Houston, Hunter, James, Johnston, Markley, Moore, Nunnally, Parrish, Pearson, Ralston, Richardson, Slocumb, Snyder, Stadden, Warren, Witt and Wood, of the Senate; and

127

Messrs. Able, Baldwin Barnett, Bentley, Bissell Blackman, Bussy, Canady, Carpenter, Cavarly, Courtright, Cox, Dodge, Dollins, Dougherty, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, MlcClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver,Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney,Wheeler, White, Wilson, Wood and Mr. Speaker, of the House of Representatives — 77.

For Cyrus Edwards,

Messrs. Baker, Churchill, Davidson, Fithian, Hamlin, Harrison, Henry, Killpatrick, Little, Monroe, Ross, Sargent and Stapp, of the Senate; and

Messrs. Archer, Bailey, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Crain, Cunningham, Darnielle, Denny, Drummond, Emmerson, Froman, Funk, Gillespie, Gridley, Hardin, Hender-son Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, West and Woodson, of the House of Representatives — 50.

For Edward D. Baker, Mr. Edwards, of the House of Representatives — 1.

Mr. Samuel McRoberts, having received a majority of all the votes given, was, by the Speaker of the House of Representatives, declared duly elected Senator in the Congress of the United States for six years from the 4th of March next for the State of Illinois.

The Senate then retired to their chamber; and,

The House then adjourned.

Thursday, December 17, 1840.

House met pursuant to adjournment.

Mr. Leary presented the petition of sundry citizens of Cook county; which, without reading, on his motion, was referred to the committee on the Judiciary.

Mr. Leary from the committee on Enrolled Bills, reported as correctly enrolled, a hill for "An act, making partial appropriations."

Mr. Humphrey presented the petition of sundry citizens of Columbus Precinct, in Adams county; which, without reading, on his motion, was referred to the committee on the Judiciary.

Mr. Olds presented the petition of sundry citizens of Macoupin county; which, without reading, on bis motion, was referred to the committee on State Roads.

Mr. Bailey presented the petition of sundry citizens of McDonough county. Which, without reading, on his motion, was referred to the committee on State Roads.

Mr. McDonald presented the petition of Theodore Peck; which, without reading, on his motion, was referred to the committee on the Judiciary.

Mr. Murphy of cook presented the petition of sundry citizens of Cook county; which without reading, on his motion, was referred to the committee on State Roads.

128

Mr. Parsons presented the petition of sundry citizens of Pike and Adams counties; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Leary from the committee on the Judiciary, to which was referred a resolution; reported a hill for "An act, declaring the edition of State Laws, published by Stephen F. Gale, evidence in courts of justice;" which was read the first time, and

Ordered to a second reading, and

On motion of Mr. Leary,

The rules of the House were dispensed with, and the bill now read a second time, by its title, and

Ordered to be engrossed.

Mr. Kitchell from the committee on the Judiciary, to which was referred the petition of the Society of Friends; reported the same back to the House, and

On motion of Mr. Brown of Vermilion,

Was referred to a select committee.

Ordered, That Messrs. Brown of Vermilion, Hardin and Froman be said committee.

Mr. Kitchell from the Judiciary committee, to which was referred the petition of sundry citizens of the State of Illinois, in relation to State Roads; reported the same back to the House, and recommended the reference of the same to the committee on State Roads; which was agreed to.

Mr. Kitchell from the Judiciary Committee, to which was referred the bill for "An act for the relief of the heirs of Daniel Barrow, deceased;" reported the same back to the House, and recommended its rejection;

When,

On motion of Mr. Logan,

The same was referred to a select committee. Ordered, That Messrs. Logan, Dougherty and Baldwin be said committee.

Mr. Leary from the select committee to which was referred the petition of sundry citizens of Chicago, in Cook county; reported a bill for "An act to amend an act, in relation to the State Bank of Illinois;" approved January 31, 184o, which was read the first and second time by its title, and on his motion, referred to the committee on Banks and other Corporations. Mr. Kitchell from the committee on the Judiciary, to which was refer red a resolution in relation to consolidating the offices of county Collectors and Treasurers; reported the same back to the House,and asked to be discharged from its further consideration.

Mr. Ross moved to refer the same to the committee on Finance; which was not agreed to, by yeas and nays as follows;

Those who voted in the affirmative, are,

Messrs. Baldwin, Beall, Bentley,Bissell,Bradford,Courtright, Cox, Crain, Darnielle, Dollins, English, Gillespie, Hardin, Humphrey, Kelly, Lester, Lincoln, McClernand, McClurken, McDonald,McLean, Minshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Peck, Ross, Scott, Shepley, Turnsy, Wheeler, White, and Woodson-38.

129

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Blackman, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Carpenter, Cavarly, Charles, Cunningham Denny,Dougherty, Drurnmond, Dunlap, Edwards, Emmerson, Froman Gridley,Henderson, Hicks, Hull, Kitchell, Laughlin, Leary, McGinnis Menard, Parkinson, Phelps, Prentice, Reynolds, Thornton, Threlkeld, Trov, Trumbull, Waters, Webb, Wilson, Wood, and Mr. Speaker — 41.

When the committee was discharged from the further consideration of the same.

Mr. Laughlin from the select committee to which was referred a Senate bill for "An act to amend an act entitled ‘An act, to incorporate the city of Quincy,’" approved February 3, 1840, reported the same back with amendments, which said amendments were concurred in, and the bill read a third time and passed.

Ordered, That tile title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence in said amendments.

On motion of Mr. Murphy of Perry,

Resolved, That the Door-keeper of this House cause to be put up two additional Franklin Stoves, that this House may be rendered more comfortable.

On motion of Mr. Bissell,

Resolved by the House of Representatives, the Senate concurring herein, That the two Houses of the General Assembly will meet in the Representative Hall on Friday 18th inst., at 2 o'clock, P. M., for the purpose of electing an Attorney General of this State.

On motion of Mr. Bradford,

Resolved, That the committee on the Judiciary be instructed to enquire into the expediency of so amending the laws of this State, concerning jails and jailors, as to give to county commissioners courts of the several counties in this State, the same control over the jails and jailors of their respective counties as the sheriffs now have.

On motion of Mr. McClernand,

Resolved, That the President of the State Bank be requested to inform this House without delay, whether the Branch of said Bank heretofore located at Chicago, and directed to be removed therefrom under the provisions of the said act in relation to the State Bank of Illinois, approved January 31,1840, has been established at some other place as required by the provisions of the said act, and if not so established elsewhere, the reasons for so disregarding the law in that behalf.

Mr. Bentley offered for adoption the following resolution:

Resolved by the House of Representatives, the Senate concurring herein, That the Fund Commissioner be, and he is hereby directed to make no payments of interest on internal improvement bonds, where the contracts for the sale of the same have been illegally made, and where the consideration for the same has not been paid.

Mr. Leary moved to lay the resolution on the table; which was not agreed to.

Mr. Dougherty moved to amend the resolution by adding "and when the bonds remain in the hands of the original purchasers, and purchased with notice."

130

Mr. Drummond moved to amend by striking out all after the word "herein" and insert as follows:

"That the Fund Commissioner be instructed not to pay interest on any bonds on which the consideration has not been received by the State, where such bonds remain in the hands of the original purchasers, or sub sequent purchasers with notice, that such consideration had not been received."

On motion of Mr. Leary,

The resolution as amended was referred to the committee on the Judiciary.

On motion of Mr. Leary,

Resolved, That the committee on the Judiciary be requested to enquire into the expediency of the passage of a law rendering members of the General Assembly of the State of Illinois, ineligible to any office within the gift of said General Assembly.

The House adjourned.

Friday, December 18, 1840.

House met pursuant to adjournment.

Mr. Peck presented the petition and remonstrances of sundry citizens of Cook and Kane counties; which, without reading, were referred to the committee on Counties.

Mr. Cavarly, from the committee on the Judiciary, to which was referred a resolution proposing to instruct the Fund Commissioner, reported as follows:

"That the law, as passed by this Legislature, authorizing the Fund Commissioner to pay the January interest upon the internal improvement debt is, in the opinion of your committee, sufficiently guarded in its pro visions to protect the State against loss. By this law, the Fund Commissioner is required to pay no interest except that which will ‘legally fall due on the first Monday in January, 1841.’ It is not conceived that the Fund Commissioner would prescribe for himself a rule of action at war with that which has been settled by repeated adjudications.

In leaving the subject with the Commissioner, we fed a confidence that he will be governed solely by the known and settled principles of adjudicated cases in the State where the contracts were made, and where they must be settled by their own judicial tribunals. Any instructions at variance with this. would place this Legislature, as well as the Fund Commissioner, in an attitude not very enviable, and from which neither could recede without discredit.

For these reasons, your committee deem it inexpedient to give any other or further instructions than those embraced in the law, and have instructed me to ask the House that they be discharged from the further consideration of the subject,"

Mr. Kitchell moved to lay the report on the table, which was not agreed to; when the report was concurred in.

Connected with the above report, the Speaker laid before the House a communication from the Fund Commissioner; which was read laid on the table.

131

On motion of Mr. Woodson.

The case of the contested seat from Peoria county was taken up for consideration.

Mr. Hardin demanded a call of the House.

Pending the call of the House, the Speaker laid before the House a communication from the Auditor of Public Accounts, in relation to taxable land in Illinois for the years 1841, 1842, and 1843; which was read, and

On motion of Mr. Murphy of Perry,

Laid on the table.

The Speaker also laid before the House a communication from one of State House Commissioners; which being read and laid on the table,

Mr. Dodge moved to print 150 copies of the same;

And before the question was put, the Door-keeper reported under the call of the House;

And the House again resumed the consideration of the case of the contested seat from Peoria county; when,

On motion of Mr. English,

The House now resolved itself into a committee of the Whole House on this subject; and after some time spent therein, the committee rose, and through Mr. English, chairman of the committee, reported that they had had the same under consideration, had made some progress therein, and asked leave to sit again.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have concurred with them in their amendments to a bill for "An Act to vacate the town plat of the town of Livingston;"

They have also passed a bill of the following title, viz: "An Act for the appointment of a Notary Public in the city of Nauvoo;"

In which they ask the concurrence of the House of Representatives.

They have concurred with the House of Representatives in the passage of a resolution having for its object the election of an Attorney General, at 2 o'clock, P. M., on the 18th instant.

And the question pending on granting leave to sit again to the commit to of the Whole House in the case of the contested seat from Peoria county.

On motion,

The House adjourned to 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

On motion of Mr. McClernand.

Resolved, That the Clerk inform the Senate that the House of Representatives is now ready to receive them in the Hall of the House of Representatives to proceed to the election of an Attorney General for the State of Illinois.

Whereupon having so informed the Senate, the Senate, preceded by their Speaker, appeared in the Hall of the House of Representatives, and both branches of the General Assembly proceeded to the

132

election of an Attorney General, and the vote being taken, it appeared that Josiah Lamborn had seventy-five votes, David M. Woodson had forty-five votes, and Richard Yates had two votes.

Those who voted for Josiah Lamborn, are,

Messrs. Evans, Feaman, Gaston, Gibbs, Hacker, Harris, Herndon, Houston, Hunter, James, Johnston, Markley, Moore, Nunnally, Parrish, Pearson, Ralston, Richardson, Slocumb, Snyder, Stadden, Warren, Witt and Wood, of the Senate, and

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blaclmian, Bussy Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dun lap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lestcr, Logan, McClernand, McClurken, McDonald, McGin nis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, 0lds Oliver, Ormsbee, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, WeSt. White, Wilson, Wood and Mr. Speaker — 75.

Those who voted for Mr. Woodson, are,

Messrs. Baker, Churchill, Cullom, Davidson, Hamlin, Harrison, Killpatrick, Ross and Sargent, of the Senate, and

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters and Webb, of the House of Representatives — 45.

Mr. Henry, of the Senate, and Mr. Woodson, of the House of Representatives, voting for Mr. Yates — 2.

Whereupon, Josiah Lamborn, having received a majority of all the votes given, was declared, by the Speaker of the House of Representatives, duly elected to the office of Attorney General of the State of Illinois; and

The Senate having withdrawn,

Mr. McClernand moved that the House adjourn; which was not agreed to.

Mr. Hardin moved to discharge the committee of the Whole House from the further consideration of the contested seat from Peoria county.

Mr. Dodge demanded a call of the House.

Pending the call, the House took up for consideration the communication from one of the State House Commissioners, which was laid before the House this morning.

And the question recurring on the motion of Mr. Dodge to print 150 copies of said communication,

Mr. Hardin moved to lay the motion to print on the table; which was not agreed to.

Mr. Webb moved to re-consider the vote on laying said communication on the table; which was not agreed to.

When the motion to print 150 copies was agreed to.

The Speaker laid before the House a communication from the President of the State Bank of Illinois; which was read, and

On motion of Mr. Brown of Vermilion,

Laid on the table, and 150 copies thereof ordered to be printed.

133

The Door-keeper having reported, the House resumed the consideration of the case of the contested seat from Peoria county;

And the question recurring on the motion of Mr. Hardin to discharge the committee of the Whole House, from the further consideration of the same,

It was decided in the affirmative.

The question being on concurring with the report of the majority of the select committee,

Mr. Hardin moved to amend the resolution appended to the report, by striking out all after the word "Resolved" and inserting the following:

"That Norman H. Purple has not received the majority of the legal votes in Peoria county for Representative, as appears to this House from the testimony submitted in the case, and therefore is not entitled to a seat in this House as a Representative from Peoria county."

Mr. Parsons moved to amend the proposed amendment, by striking out all after the word "that," and inserting,

"Whereas, There is a diversity of sentiment among the members of this House in relation to the contested election from Peoria county, and doubts existing in the minds of many members, who really is entitled to the disputed scat in this case, and it being safer in all cases of doubt to refer the matter back to the people for their decision; therefore,

Resolved, That the case of the contested election between Messrs. Phelps and Purple, from Peoria, for a seat in this House, be referred back to the voters of Peoria county for their decision.

Resolved, That the Clerk of this House inform the Governor of the vacancy, and he be instructed to issue an order for the election of a Representative in and for said county, without delay."

Mr. Dodge moved that the House adjourn; which was not agreed to.

When Mr. Parsons' proposed amendment to the amendment was rejected by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bussy, Carpenter, Courtright, Crain, Dodge, Dollins, English, Green, Hicks, Humphrey, Kitchell, Leary, Lester, Logan, McClernand, Murphy of Cook, Murphy of Perry, Olds, Oliver, Orms-bee, Parsons, Peck, Prentice, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 34.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennott, Bentley, Blackman, Bradford, Brown of Sangnmon, Brown of Vermilion, Canady, Cavarly, Charles, Cox, Cunningham, Darnielle, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Hunderson,Hull, Kelly, Laughlin, Lincoln, McDonald, Mc Lean, Menard, Minshall, Mcore, Munsell, Odam, Parkinson, Phillips, Reynolds, Ross, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 47

Mr. McClernand moved that the House adjourn; which was not agreed to.

Mr. Peck demanded a call of the House, and the absentees having been ascertained.

On motion of Mr. Dougherty,

Furhter proceedings under the call of the House were dispensed with;

Mr. Logan moved to adjourn; which was not agreed to.

134

Mr. Dodge demanded a call of the House; which was not agreed to.

Mr. Ross moved to adjourn; which was not agreed to, by yeas and nays, as follows;

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, English, Green, Hicks, Humphrey,Kitchell, Laughlin, Leary, Logan, McClernand, McDonald, Murphy of Cook, Murphy of Perry, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 40.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Lester, Lincoln, McLean, Menard, Minshall, Moore, Munsell, Odam, Parkinson, Phelps, Phillips, Reynolds,Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 43.

Mr. McClernand offered the following amendment to the amendment proposed by Mr. Hardin:

"Wm. J. Phelps is not elected to a seat in this House by a majority of more than one vote, if at all.

Mr. Gridley demanded the previous question;

And on the question — "Shall the main question be now put?"

It was loSt. by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bentley, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham,Dar nielle, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Lincoln, Menard, Moore, Munsell, Odam, Parkinson, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. White, and Woodson — 38.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bissell, Blackman, Bradford, Bussy, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, English, Green, Hardin, Henderson, Hicks, Hull, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurkeu, McDonald, McGinnis, McLean, Min shall, Murphy of Cook, Murphy of Perry, Olds, Oliver, Ormsbee, Par sons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker — 47.

When,

On motion of Mr. Dodge,

The House adjourned.

Saturday, December 19, 1840.

House met pursuant to adjournment.

Mr. Cavarly presented the petition of Robert M. Ritchey; which, without reading, on his motion, was referred to the committee on the Judiciary.

135

Mr. Webb from the Judiciary Committee, to which was referred a bill for "Anact to amend the law in relation to Chancery practice;" reported the same back to the House with an amendment, which was concurred in, and the hill as amended, was Ordered to be engrossed for a third reading.

Mr. Murphy of Ferry, from the committee on Education, to which was referred the bill for "An act, making School Commissioners elective by the people;" reported the same back to the House with amendments, which were read and concurred in.

Mr. Charles moved to amend the bill by adding as follows:

"Sec 6. School Commissioners elected under this act, shall be required to keep their offices at their respective county seats;" which was not agreed to by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Beall, Bennett, Bradford, Brown of Vermilion, Carpenter, Cavarly, Charles, Cox, Darnielle, Drummond, Francis, Gillespie, Green, Gridley, Hardin, Hull, Leary, Lincoln, Menard, Minshall, Parkinson, Phelps, Prentice, Scott, Troy, Webb, WeSt. and Wood — 29.

Those who voted in the negative, are,

Messrs. Able, Bailey, Baldwin, Barnett, Bentley, Bissell, Blackman, Brown of Sangamon, Bussy, Canady, Courtright, Crain, Cunningham, Dodge, Dollins, Dunlap, Edwards, Emmerson, English, Froman, Hankins, Henderson, Humphrey, Kitchell, Laughlin, Lester, Logan, Mc-Clurken, McDonald, McGinnis, McLean, Marshall, Moore, Munsell, Murphy of Perry, Odam, Olds, Oliver, Ormsbec, Peck, Phillips, Reynolds, Ross,Shepley, Thornton, Threlkeld, Trumbull, Turney, Waters, Wheeler, White, Wilson, Woodson, and Mr. Speaker — 54.

When the bill as amended, was

Ordered to a third reading.

Mr.Edwards from the committee on Internal Improvement, to which was referred so much of the Governor's message as relates to internal improvements, made a report, accompanied by a bill for "An act to repeal all acts authorizing the prosecution of the internal improvement system;" which was read the first time, and

Ordered to a second reading.

Mr. Munsell from the minority of Internal Improvement Committee, made a counter report, which was read, and together with the report of the majority on the same subject, will be found in the volume of reports.

Mr. Green from the committee on Claims, to which was referred the petition of John Van Ornam; reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Drummond from the committee on the Judiciary, to which was referred the petition of Theodore Peck; reported the same back to the House, and was discharged from further consideration of the same.

Mr. Crain from the committee on Engrossed Bills, reported as correctly engrossed, bills for "An act, declaring the edition of State Laws, published by Stephen F. Gale, evidence in courts of justice."

"An act for a State road from Shawneetown to Vienna."

Mr. Trumbull from the committee on the Judiciary, to which was referred the petition of Nathan Low; reported the same back to the House, and was discharged from the further consideration of the subject.

136

Mr. Murphy of Perry, from the committee on Education, to which was referred resolutions in relation to distribution of School Funds; reported the same back to the House, and was discharged from the further consideration of the subject.

Mr. Minshall from the select committee to which was referred the Senate bill for "An act to legalize the assessment of properly in the county of Peoria, for the, year 1840," reported the same back to the House with amendments, which were read and concurred in, and the bill

Ordered to a third reading.

Mr. Ormsbee from the select committee to which was referred the engrossed bill for "An act to amend an act entitled An act, to regulate Tavern and Grocery Licenses;" reported the same back to the House,with a substitute for the original bill, which was read.

Mr. Ross moved to amend the report in the 2d section by striking out "$10," and inserting "$25;" when,

On motion of Mr. Hardin,

The report and proposed amendment thereto, were laid on the table.

Mr. Murphy of Cook moved to strike out all alter the enacting clause and insert as follows:

"That, after the passage of this act, no person shall be licensed to sell vinous or spirituous liquors in this State, and that any person who violates this act by selling such liquors shall he fined in the sum of one thousand dollars, to be recovered before any court having competent jurisdiction."

Mr. Lincoln moved to lay the proposed amendment on the table; which was decided in the affirmative by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Baldwin, Barnett, Beall, Bennett, Bissell, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Carpenter, Csvarly, Charles, Courtright, Cox, Crain, Cunningham, Darnielle, Dodge, Dollins, Drummond, Dunlap, Edwards, Emmerson, English, Francis, Froman, Gillespie, Gridley, Hankins, Hardin, Hicks, Hull, Humphrey, Kitchell, Laughlin, Leary, Lester, Lincoln, Logan, Mc Clurken, McDonald, McGinnis, Marshall, Minshall, Moore, Munsell, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parkinson, Peck, Phelps Prentice, Reynolds, Ross, Scott, Shepley, Thornton, Threlkeld, Troy, Trumbull, Turney, Waters, Webb, Wheeler, Wilson, Woodson, and Mr. Speaker — '75.

Those who voted in the negative, are,

Messrs. Bentley,Henderson,McLean, Menard, Murphy of Cook, Phillips, White and Wood — 8.

Mr. Oliver moved to amend the original bill by adding the following:

"SEC. — That the third and fourth sections of an act to prevent selling of spirituous liquors in this State, and for other purposes," approved February 14, 1823, be and the same are hereby repealed.

On motion of Mr. Charles,

The proposed amendment was laid on the table.

Mr. Charles moved to amend by striking out the words, "That the 8th section of the act to which this is an amendment", and "from the first section" which was not agreed to.

Mr. Dodge moved that the bill be referred to a committee of the whole House, and be made the special order of the day for Thursday next; when,

137

On motion of Mr. Cavarly,

The bill was laid on the table.

A message from the Council of Revision, by Mr. Purinton, their Secretary:

Mr. Speaker: I am directed by the Council of Revision to inform the House of Representatives that they have approved of an act of the following title, to wit: "An act making partial appropriation."

Mr. Lincoln moved for adoption the following resolution:

"Resolved, That a select committee be appointed to enquire into the causes which have produced the very large expenditure for the item of public printing, and they be instructed to report a bill to the House having for its object the reduction of that item of expenditure, if in their judgement such reduction can be had without detriment to the public interest.

Mr. Bentley moved to refer the resolution to the standing committee on Public Accounts and Expenditures; which was not agreed to.

Mr. Olds moved to lay said resolution on the table, which was not agreed to.

Mr. Dodge moved to amend said resolution by striking out all after the word "Resolved," and insert,

"That a select committee of three be appointed to examine into, and report the amount of money expended for public printing for the last six years, and that they examine into the same, and report in detail, all the facts in the premises, and the expenditures for each year, also, upon the expediency of continuing the present system of public printing."

Mr. Ross moved to amend the amendment by striking out all after the word "that," and insert,

"The committee on Public Accounts and Expenditures be instructed to enquire whether there has not been more printing done by the Public Printer, and at a higher price than authorized by law, and whether the price and quantity cannot be reduced without detriment to the public interest; and that they report by bill or otherwise."

On motion of Mr. Woodson,

Said amendments were laid on the table.

Mr. Ormsbee moved the following amendment to Mr. Lincoln's resolution:

"And that the committee on Public Accounts and Expenditures be discharged from the subjects, referred to said committee a few days ago, since it is desirable that a select committee should take into consideration the subject of public printing."

On motion of Mr. Hardin,

Said amendment was laid on the table; when the resolution as offered by Mr. Lincoln was agreed to.

Ordered, That Messrs. Lincoln, Ormsbee, and Trumbull be said committee.

Mr. Dollins, on leave, introduced a bill for "An act to prevent the unlawful driving away of cattle, and other stock, by drovers and others;" when

On motion,

The House adjourned.

138

Monday, December 21, 1840.

House met pursuant to adjournment.

Mr. Trumbull presented the petition of sundry citizens of Illinois Town in St. Clair county; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Trumbull, Baldwin, and Olds be said committee.

Mr. Brown of Vermilion presented the petition of sundry citizens of Vermilion county; which was read, and on his motion, referred to the committee on Finance.

Mr. West presented the petition of sundry citizens of Morgan and Cass counties; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Ormsbee, from the committee on Public Accounts and Expenditures, to which was referred a resolution, reported a bill for "An act to create a permanent Board of Auditors, &c.;" which was read the first and second limes, by its title, and

Ordered to be engrossed.

Mr. Drummond presented a petition and remonstrance in relation to building a bridge across Rock river; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Drummond, Dodge, and Shepley be said committee.

Mr. Woodson, from the committee on Internal Improvements, to which was referred a certain resolution calling for the drafting of a memorial to Congress praying for the remission of the duty on railroad iron, reported a memorial; which was read, and,

On motion of Mr. Dougherty,

Amended by striking out the word "enormous;" and,

On motion of Mr. Cavarly,

Amended further by filling a blank in the last line of the first page, with the words "upwards of five;" when the memorial was agreed to.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence therein.

A message from the Governor, by Mr. Douglass, Secretary of State:

Mr. Spanker: I am directed by the Governor to lay before the House two written communications.

Mr. Murphy of Cook, from the select committee to which was referred the petition of William Dormady, reported a bill fur "An act for the relief of William Dormady;" which was read the first and second times, and,

On motion of Mr. Gridley,

Referred to the committee on the Judiciary.

A message from the Senate by M. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed a bill of the following title: "A" act to legalize the assessment of taxable property in the northern division of Jefferson county, for the year A. D. 1840."

In which they ask the concurrence of the House of Representatives:

The case of the contested seat from Peoria county, coming up for consideration, the question recurring on the amendment proposed by Mr. McClernand,

139

On motion of Mr. Woodson,

The same was laid on the table, by yeas and nays, as follows:

The who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bentley, Blackman, Brown of Vermilion, Canady, Carpenter, Charles, Cox, Cunningham, Darnielle, Dollins, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Froman, Gillespie, Gridley, Hankins, Hardin, Henderson, Hull, Lincoln, Mc Lean, Marshall, Menard, Minshall, Munsell, Odam, Parkinson, Phil-lips, Reynolds, Thornton, Threlkeld, Waters, Webb, WeSt. and Woodson-13.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bissell, Bussy, Cavarly, Courtright, Crain, Dodge, English,Hicks, Humphrey, Kitchell, Leary, Logan, McClernand, McClurken, McDonald, McGinnis, Moore, Murphy of Cook, Murphy of Perry,Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker-37.

Mr. Hardin moved to amend the proposed amendment by striking out all after the word "that," and inserting as follows:

"As William J. Phelps has received a majority of the votes for Representative from Peoria county, as appears by the poll-books of the election, and as it has not been proved to the satisfaction of this House, that he has not received a majority of the legal votes of said county; therefore, in the opinion of this House, the said William J. Phelps is entitled to hold his seat as Representative from Peoria county;" which was agreed to.

And the question recurring on the adoption of the resolution as amended,

It was decided in the affirmative, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bentley, Blackman, Brown of Vermilion, Bussy, Canady, Carpenter, Charles, Cox, Cunningham, Darnielle, Denny, Dollins, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Froman, Gillespie, Gridley, Hankins, Hardin, Henderson, Hicks, Hull, Lincoln, Logan, McGinnis, McLean, Marshall, Menard, Minshall, Munsell, Odam, Parkinson, Phillips, Reynolds, Threlkeld, Thornton, Waters, Webb, WeSt. and Woodson — 48.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bissell, Cavarly, Courtright, Crain, Dodge, English, Humphrey, Kitchell, Leary, McClernand, McClurken, McDonald, Moore, Murphy of Cook, Murphy of Perry, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Koss, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 33.

A message from the senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed a bill of the following title, viz: "An act to vacate a part of the town plat of John Pearson's addition to the town of Danville."

In which they ask the concurrence of the House of Representatives.

They have also adopted the following resolution:

Resolved by the Senate, the House of Representatives Concurring herein,

That all resolutions heretofore passed prohibiting Congress from locating

140

the Cumberland road through any part of this State, excepting to Alton, be, and the same are, hereby rescinded; and that Congress may have the right to continue the said road through the State of Illinois, to any point which may be deemed most proper.

In the passage of which they ask the concurrence of the House of Representatives.

On motion of Mr. Peck,

Resolved, That William Mitchell, a witness summoned in the matter of the contested election for Peoria county, be discharged from further attendance upon the House, and that he be permitted to take with him the poll books of said county.

Mr. Murphy of Cook offered for adoption the following resolution:

Resolved, That the President of the State Bank be requested to inform this House what was the amount of indebtedness, both as principals and securities, of the President and Directors of the Bank and branches on the 1st day of December, instant; also the liabilities as principals and securities, of the stock-holders, distinguishing between residents and non-residents of this State; also, the amount of liabilities, of a similar kind, of the Directors on the part of the State; also, what number of stock-holders are indebted in sums of $50,000 and upwards; what number between $20,000 and $50,000; what number between $10,000 and $20,000; and what number between $5,000 and $10,000; also, whether the State, which owns about three-fifths of the stock, is not equally entitled, to receive accommodations by paying the same rate of interest as private stock-holders; also, whether a similar order has been made by the Bank, refusing accommodations to the private stock-holders, to the one recently adopted respecting the payment of Auditor's warrants, by which the credit of the State is virtually dishonored; also, the whole amount of liabilities of firms or trading homes with which the President and Directors may have been connected in trade.

Mr. Hardin moved to amend the resolution by striking out the words "by which the State is virtually dishonored;" which was not agreed to.

Mr. Cunningham moved to lay the resolution on the table; which was not agreed to; when the resolution was adopted.

On motion of, Mr. Shepley,

Resolved, That the committee on Finance be instructed to enquire into the expediency of this Legislature passing a law authorizing the Bank of Illinois to locate a Branch of said bank at the city of Springfield, to be made the fiscal agent of the State of Illinois, and that they report by bill or otherwise.

Mr. Woodson offered for adoption the following resolution:

Resolved by the General Assembly of the State of Illinois, That they will receive no new business alter the 15th day of January next; which was not agreed to.

On motion of Mr. Courtright,

Resolved, That a joint select committee of three on the part of the House of Representatives, and two on the part of the Senate, are hereby instructed to prepare and report for the adoption of both brandies of the General Assembly, a memorial to Congress praying an alteration in the land laws, the objects of which shall be to permit the actual settler and resident to enter and purchase of the General Government without restriction in number, forty acre tracts of the public lands, Provided, Said entries may

141

successively be made contiguous to, and adjoining the premises of such actual settler or resident; And provided furthermore. Said lands shall have been in market by the General Government for the term of five years and upwards.

Ordered, That Messrs. Courtright, Froman, and Kitchell be the committee on the part of the House; and that the Clerk inform the Senate thereof; and ask their concurrence therein.

Mr. Peck offered for adoption the following resolution:

Resolved by the House of Representatives, the Senate concurring herein,
That the General Assembly will, on Wednesday next, adjourn for fourteen days.

Mr. Hardin moved to amend by striking out all after the word "Resolved," and insert,
"That when this House adjourns on Thursday the 24th instant, it shall and adjourned till 2 o'clock on Monday thereafter."

Mr. Ross moved to amend the amendment by striking out all after the word "that," and insert,

"By the House of Representatives, the Senate concurring herein, That the General Assembly adjourn on the 25th instant, to meet again on the first Monday in January next."

Provided however, That no compensation for mileage or services be allowed to the members or officers of the General Assembly, during said adjournment.

On motion of Mr. Trumbull,

The resolution and amendments were laid on the table.

Mr. Murphy of Perry, asked and obtained leave of absence for Mr. Green, Representative from Clay county.

Leave of absence was also granted to Mr. Lester, Representative from Brown county.

To Mr. Brown, Representative from Sangamon county.

To Mr. Laughlin, Representative from Adams county.

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

The House met pursuant to adjournment.

Engrossed bills for "An act, declaring the edition of State Laws, published by Stephen F. Gale, evidence in courts of justice;"

"An act to vacate a part of the town plat of the town of Griggsville,"

"An act in relation to a road therein named;"

"An act to locate and establish a State road from Peoria, in Peoria county to Fairview in Fulton county;" were severally read the third time and passed.

Ordered, That the titles be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Engrossed bill for "An act, for a State road from Shawneetown to Vienna;" was read the third time, and

On motion of Mr. Blackman,

Referred to the committee on State Roads.

142

Engrossed bill for "An act to incorporate the town of Macomb;" was read the third time, and

On motion of Mr. Trumbull,

Referred to the committee on Banks and other Corporations.

Engrossed bill for "An act to vacate a part of the plat of Walker's and McRoberts' addition to the town of Danville;" was read the third time, and

On motion of Mr. Cavarly,

Referred to the committee on the Judiciary.

Mr. Gillespie, on leave, introduced a bill for "An act to change the time of holding courts in the second judicial circuit," which was read the first time, and

Ordered to a second reading.

And on his motion, the rules of the House were dispensed with an, the bill read a second time, by its title.

Mr. Crain moved to refer the bill to a select committee; which was not agreed to; when,

On motion of Mr. — — — — ,

The same was referred to the committee on the Judiciary.

Senate bill for "An act to legalize the assessment of property in the county of Peoria;" was read the third time, and

On motion of Mr. Drummond,

Amended by adding two additional sections; then the bill was passed, and

On motion of Mr. Trumbull,

The title was amended by adding after "Peoria" "and other counties."

Ordered, That the title be as amended, and that the Clerk inform the Senate thereof, and ask their concurrence in the amendments thereto.

Senate bill for "An act to incorporate the Benton Academy, in Franklin county;" was read the third lime and passed as amended.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence in the amendments thereto.

Senate bill for "An act making School Commissioners elective by the people;" was read the third time and passed as amended.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence in the amendments thereto.

Senate bill for "An act in relation to Pedlars," was read the second time, and

Referred to the committee on Finance.

Senate bill for "An act to amend an act to incorporate the Hamilton Primary School;" was read the second time, and

On motion of Mr. Woodson,

Referred to a select committee.

Ordered, That Messrs. Woodson, Turney,and Beall be said committee.

Senate bill for "An act for the appointment of a Notary Public in the city of Nauvoo;" was read the first time, and

Ordered to a second reading.

Senate bill for "An act to vacate a part of John Pearson's addition to the town of Danville;" was read the first time. and

Ordered to a second reading, and

143

On motion of Mr. Cavarly,

The rules of the House were dispensed with and the bill now read a second time by its title, and

Referred to the Judiciary Committee.

The bill for "An act to prevent the unlawful driving away of cattle and other stock by drovers and others;" was read the first lime, and

Ordered to a second reading, and

On motion of Mr. Ormsbee,

The rules of the House were dispensed with, and the bill now read a second time by its title, and

Ordered to be engrossed.

The bill for "An act to incorporate the Pisgah Academy," was read the second time, and

On motion of Mr. Koss,

Referred to the committee on Banks and other Corporations.

A bill for "An act for the location of a State road in the counties of Hamilton, Franklin, and Perry;" was read the second time, and

Ordered to be engrossed.

A bill for "An act to repeal all acts authorizing the prosecution of the internal improvement system;" was read the second time, and

On motion of Mr. Dougherty,

Referred to a select committee of five.

Ordered, That Messrs. Dougherty, Hankins, Hull, Minshall, and Gridley be said committee.

The Senate resolution in relation to the Cumberland road, was read, and

On motion of Mr. Edwards,

Laid on the table.

Senate bill for "An act to legalize the assessment of taxable property in the Northern division of Jefferson county, for the year A. D. 1840;" was read the first time, and

Ordered to a second reading, and

On motion of Mr. Hicks,

The rules of the House were dispensed with, and the bill now read a second time by its title, and

Ordered to a third reading.

The Speaker laid before the House a communication from the Secretary of State, enclosing a communication from Mr. Ruggles the State's Attorney in New York, in the case of the State of Illinois, against Delafield and others; which was read, and Referred to the committee on Finance.

The Speaker laid before the House a communication from the State Bank of Illinois; which was read, and

On motion of Mr. McClernand,

Referred to the committee on Banks and other Corporations.

The Speaker laid before the House a communication from the Governor, accompanied with correspondence between the Governor and Mr. Delafield and other Bankers; which, without reading,

On motion of Mr. Cavarly,

Was referred to the committee on Finance.

Mr. Peck, on leave, introduced a bill for "An act, making compensation to the persons therein named;" which was read a first time, and

144

Ordered to a second reading.

On motion of Mr. Lincoln,

The rule of the House was dispensed with, and the bill read a second time by its title.

Mr. Murphy of Perry, moved to strike out "three dollars" and insert "two dollars," which was agreed to by yeas and nays as follows:

Those who voted in the affirmative, are

Messrs. Able, Archer, Baily, Baldwin, Barnett, Beall, Bissell, Black man, Bradford, Brown of Vermilion, Bussy, Canady, Cavarly, Carpenter, Charles, Courtright, Cox, Crain, Cunningham, Darnielle, Dolling, Dough erty, Drummond, Edwards, Emmerson, English, Francis, Froman, Hull Kitchell, Lincoln, McClurken, McDonald, McGinnis, Moore, Munsell Murphy of Perry, Odam, Parkinson, Parsons, Prentice, Ross, Threlkeld, Trumbull,Turney, WeSt. Wheeler, Wilson, Woodson, and Wood — 50.

Those voting in the negative, are,

Messrs. Bentley, Dodge, Gillespie, Gridley, Hardin, Henderson, Hicks, Humphrey, Leary, Logan, McClernand, McLean, Marshall, Mernand, Minshall, Murphy of Cook, Olds, Oliver, Peck, Phelps, Reynolds, Scott Shepley, Thornton, Webb, White, and Mr. Speaker — 27.

Mr. McClernand moved to amend by adding "and fifty cents," which was decided in the affirmative by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Baldwin, Beall, Bentley, Bissell, Blackmail, Bradford, Bussy, Courtright, Dodge, Dunlap, Emmerson, English, Gillespie, Gridley, Hardin, Rondelson, Hicks, Humphrey, Leary, Lincoln, Logan, Mc Clernand, McClurken, McDonald, McLean, Marshall, Menard, Minshall, Murphy of Cook, Odam, Olds, Oliver, Ormsbee, Parkinson, Peck, Phelps, Reynolds, Scott, Shepley, Thornton, Turney, Webb, WeSt. White, Wood, and Mr. Speaker — 47.

Those who voted in the negative, are,

Messrs. Able, Bailey, Bennett, Brown of Vermilion, Canady, Carpenter, Cavarly, Charles, Cox, Cunningham, Darnielle, Dollins, Dougherty, Drummond, Edwards, Francis, Froman, Hull, Kitchell, McGinnis, Moore, Munsell, Murphy of Perry,Parsons, Prentice, Ross, Threlkeld, Wheeler, Wilson, and Woodson — 30.

On motion of Mr. Henderson,
The rules of the House were dispensed with, and the bill read a third time by its title, and passed.

Ordered, That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

On motion of Mr. Leary,

Resolved, That the Secretary of State be requested to inform this House what number of copies of the revised laws of 1833, are now in his office, and also, what number of copies of the laws of 1835, 6, 7, 8, and 9, are now in the office of Secretary of State, and what counties if any, are unfurnished with copies of any, or all of the said laws.

Mr. Gridley asked and obtained leave of absence for Mr. Phelps; when

The House adjourned.

145

Tuesday, December 32, 1840.

House met pursuant to adjournment.

Mr. Henderson asked and obtained leave of absence for Pierre Menard, representative from Tazewell county.

Mr. Wilson presented the petition of sundry citizens of Jasper county, which, without reading, on his motion, was referred to the committee on Finance.

Mr. Parsons presented the petition of sundry citizens of Illinois; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Peck presented the petition of John Miller; which, without reading, on his motion, was referred to the committee on Canals and Canal Lands.

Mr. Parsons from the committee on Education, to which was referred a Senate bill for "An act to charter a Female Academy in Marion county;" reported the same back to the House with amendments, which were read and concurred in, and the bill as amended, was

Ordered to be read a third time.

Mr. Munsell from the select committee, to which was referred a certain petition; reported a bill for "An act to provide for reviewing certain State roads;" which was read the first time, and the rules being dispensed with, read the second time now by its title, and

Ordered to be engrossed.

Mr. Edwards from the select committee, to which was referred the Senate resolutions in relation to Mr. Calhoun's Land Bill; reported the same back to the House, and asked to be discharged from the further consideration of the subject; when,

On motion of Mr. Trumbull,

The same was laid on the table.

Mr. Carpenter from the select committee to which was referred a certain petition; reported a bill for "An act to locate a State road from McLeansboro to Shawneetown;" which was read the first time, and

Ordered to a second reading.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed a bill for "An act to amend an act, concerning justices of the peace and constables;" approved February 3.

In which they ask the concurrence of the House of Representatives.

They have also concurred with the House of Representatives, in the passage of bills of the following titles, viz:

"An act declaring the town of Ben ton the permanent seat of justice for the county of Franklin;"

"An act to extend the time for taking an enumeration of the inhabitants of this State."

They have also concurred with the House of Representatives in the adoption of a memorial to Congress, in relation to railroad iron.

They have also concurred with the House of Representatives in their amendment to a bill for "An act to amend an act, entitled ‘An act to incorporate the city of Quincy;’ approved February 3, 1840."

146

They have also repassed a bill for an act to vacate the town plat of the town of Livingston as amended by them, to obviate the objections of the Council of Prevision, in which they ask the concurrence of the House of Representatives.

Mr. Turney moved the adoption of the following:

Whereas, by an act of the Congress of the United States, approved the day of 1836, there was deposited with the several States of the Union, the sum of dollars in proportion to their repre sentation in Congress as surplus revenue, dollars of which as her distribution share was deposited with the State of Illinois.

And whereas, it is believed that the sum thus deposited with the State of Illinois, will never be called for or reclaimed by the United States, but left in perpetual deposite, to be disposed of, and appropriated in such manner, and for such objects as the Legislature may adopt.

And whereas, the intellect of the rising generation is the property of the Republic, upon the right cultivation of which the destinies of our free government and liberal institutions, as well as the happiness of themselves and the world depend, and for which each State is, and should act on the conviction morally responsible to the Republic, and to the great family of man.

And whereas, the full development of the human mind cannot be attained in any other manner than by primary instruction to all, where the poor and obscure have an equal chance with those, who from the accident of fortune or family connexion, are able to seek instruction where it may be found; therefore,

Be it resolved by the General Assembly of the State of Illinois, That our Senators in Congress be instructed, and our Representatives be requested to use their best efforts to procure a donation from the United States to the State of Illinois, of the said sum thus deposited, in trust as a permanent fund for the support of primary common schools.

Resolved, That the faith of the State is hereby irrevocably pledged for the faithful application of the above contemplated donation to the object contemplated in the foregoing resolution.

Resolved, That the Governor be requested to transmit a copy of the foregoing preamble and resolutions to each of our Senators and Representatives in Congress; which,

On motion of Trumbull,

Was laid on the table.

Mr. Henderson moved for adoption the following:

"Resolved by the House of Representatives, That all subjects in relation to State roads be indefinitely postponed; and that the committee on State Roads be instructed to report a bill, having for its object a revision of the laws of this State on said subject, and giving entire and exclusive jurisdiction to the county Commissioners' Courts in all things relating to the location, vacation, or alteration of State roads."

On motion of Mr. Munsell,

The resolution was amended by inserting after the words "State Roads" the words "which may hereafter be presented," and the resolution as amended, was agreed to.

Mr. Olds offered for adoption the following preamble and resolution.

147

Whereas, it appears that agents of the State have in some instances acted in the name of the State without authority, and have entered into contracts not warranted by the expressed and special powers given to them by law; therefore, in order to protect the interest of the State against great loss and manifest injustice,

Resolved, That the State of Illinois disavows all and every contract or transaction of any agent or agents made or entered into in their name or names as agents of the State, not warranted by expressed authority given them by law.

But whilst repudiating all illegal and unauthorized contracts or transactions of their agents they expressly declare they will pay all moneys received, and pay a just compensation for any property accepted of by them, although such money or property may have been acquired without legal authority by their agent or agents."

On motion of Mr. Dougherty,

Said preamble and resolutions were laid on the table by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Cavarly, Charles, Courtright, Cox, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Gridley, Hankins, Harnin, Henderson, Hull, Humphrey, Leary, Lincoln, McGinnis, McLean, Marshall, Minshall, Murphy of Cook, Parkinson, Peck, Thornton, Webb, WeSt. Wheeler, and Mr. Speaker — 4L

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Canady, Carpenter, Crain, Cunningham, Dollins, Dunlap, English, Froman, Hicks, Kelly, Kitchell, McClurken, McDonald, Moore, Munsell, Murphy of Perry, Odam, Olds, Oliver, Ormsbe, Parsons, Prentice, Ross, Scott, Shepley, Threlkeld,Trumbull, Turney, Waters, White, Wilson, and Wood — 37.

Mr. Wheeler offered for adoption the following resolutions:

Resolved, That we believe a United States Bank to be unconstitutional and inexpedient.

Resolved, That we have full confidence in the Independent Treasury, as being a measure that is constitutional and expedient.

Resolved, That we have full confidence in the ability and patriotism of Martin Van Buren, and that he has faithfully discharged the official duties signed him.

Mr. Ormsbee moved to amend the foregoing resolutions by striking out all after the word "that," and insert as follows:

"The General Government of the Union stands before the world after an existence of nearly fifty years, as simple and pure in form, as exempt from extraneous influences, and as much the Government of the people as as when it came from the hands of its venerable makers.

Resolved, That it is free from the entanglements, corruptions, and oppressions of the British credit system, which by the daring example of an avowed monarchiSt. was urged, and for a time, fastened upon it, and which, were it continued in the country, would plunge the laboring classes of our citizens into hopeless poverty and misery, and make them slaves to stock jobbers and bankers.

148

Resolved, That the revenues of the General Government, collected of the people for its legitimate purposes, were once diverted therefrom and made the basis of bank discounts, and the support of a mis-called American system, and that this diversion would have continued a curse upon the nation had it not been arrested, and the revenues secured within the proper sphere of the Government by the exercise of strict Republican principles.

Resolved, That a United States Bank, an institution which, according to the highest authority, is as verily unconstitutional, as it has proved hostile to liberty, is now no more, and that the unnatural and impolitic connection of the Government with the general pursuits of the citizen, the treasury with banks, is happily at an end.

Resolved, That the trans-Atlantic indebtedness of the General Government is paid, and millions of taxation removed from articles purchased and consumed by our citizens, and that the public domain, which was fast falling into the hands of speculators, for beggarly shadows of money, and which would soon have been lost forever from the Government is saved to a great extent, for poor, yet honest and industrious farmers to convert into freemen's homes.

Resolved, That Andrew Jackson and Martin Van Buren, following the great principles of Democracy, through good report and through evil report, in the cabinet, in Congress, and in the country, have counselled sustained and effected these great measures of reform and deliverance for the people and their Government.

Mr. Olds moved to lay the resolutions as amended on the table; when

The House adjourned until !2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Crain, from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following titles:

"An act to amend the law in relation to chancery practice;"

"An act to create a permanent Board of Auditors, &c."

On motion of Mr. Prentice,

The rule of the House being dispensed With, the following preamble and resolution were adopted, to wit:

"Whereas, It appears, from the report of the committee to which was referred the petition of Nathan Lowe, of Shelby county, that they be discharged from the further consideration of the same, and believing that this Legislature has the power and the right to act on matters of this kind; therefore,

"Resolved, That the House now take up said petition, that the same be read and referred to a select committee;"

And the petition referred to in the aforesaid resolution. was taken up for consideration, and referred to a select committe.

Ordered, That Messrs. Prentice, Cunningham, and Cavarly be said committee.

Mr. Hardin offered for adoption the following resolution:

Resolved, That when this House adjourns on Thursday, the 24th inst., it shall stand adjourned until Monday thereafter; which was rejected, by yeas and nays, as follows:

149

Those who voted in the affirmative, are,

Messrs. Bennett, Bentley, Cox, Cunningham, Darnielle, Drummond, Dunlap, Edwards, Francis, Gillespie, Gridley, Hardin, Henderson, Hull, Leary, McLean, Marshall, Murphy of Cook, Phillips, Prentice, Reynolds, Scott, Shepley, Threlkeld, Webb, WeSt. White, and Wood — 28.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Baldwin, Barnett, Beall, Bissell, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Carpenter, Cavarly, Charles,Crain, Denny, Dollins, Dougherty, Emmerson, English, Froman, Hankins, Hicks, Humphrey, Kelly, Kitchell, Lin-coln, McClurken, McDonald, McGinnis, Minshall, Moore, Munsell, Mur-phy of Perry, Odam, Olds, Oliver, Ormsbee, Parkinson, Parsons, Peck, Ross,Thornton, Trumbull, Turney, Waters, Wheeler, Wilson, and Mr. Speaker — 51.

Senate bill for "An act to charter a Female Academy in Marion county;" was read the third time by its title, and passed as amended.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence in said amendments.

Senate bills for "An act to legalize the assessment of taxable property in the northern division of Jefferson county, for the year 1840;" and

"An act for the appointment of a notary public in the city of Nauvoo," were lead the third time by its title, and passed.

Ordered, That the titles be as aforesaid, and that the Clerk, inform the Senate thereof.

Senate bill for "An act to vacate the town plat of the town of Livingston" as re-passed by the Senate to obviate the objections of the Council of Revision, coming up for consideration, Mr. Cavarly moved to refer the same to the committee on the Judiciary; which was not agreed to, and the bill was re-passed as amended by the Senate.

Ordered, That the Clerk inform the Senate thereof.

Senate bill for "An act to amend an act, entitled, ‘An act concerning justices of the peace and constables,’ approved February 3d, 1837;" was read the first time, and the rule being dispensed with, the second time, by its title, and

Ordered to a third reading.

Engrossed bill for "An act to amend the law in relation to chancery practice;" was read the third time, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof.

Engrosses bill for "An act to create a permanent Board of Auditors &c;" was read the third time, and,

On motion of Mr. Trumbull,

Was amended by striking out the words, "and present," before the words "Board of Public Works," in the first section; when,

On motion of Mr. Hardin,

The bill was amended, was referred to the committee on the Judiciary.

The Speaker laid before the House a communication from the Secretary of State, in relation to the number of copies of the laws in his office, which was read laid on the table.

150

Engrossed bill for "An act to amend an act, entitled, An act to regulate tavern and grocery licenses," was taken up for consideration; where upon,

Mr. Ormsbee moved to re-commit the same to the committee on the Judiciary, with the following instructions:

"To enquire into the constitutionality of the provisions of said bill; also, into the expediency of applying the prohibitions and penalties provided in said bill, in relation to grocers, to all persons whatsoever who shall vend vinous, or spirituous, or mixed liquors, in any quantity whatever;" which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Grain, Dollins, Hankins, Hicks, Kitchell, McClernand, McDon ald, Murphy of Cook, Odam, Ormsbee, Peck, Prentice, Scott, Shepley, Turney, Waters, Wheeler, and Wood — 18.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Baldwin, Barnett, Bennett, Bissell, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Carpenter, Cavarly, Charles, Courtright, Cox, Cuuningham, Darnielle, Denny, Dougherty, Drummond, Dunlap, Edwards, English, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Hum phrey, Kelly, Leary, Logan, McGinnis, McLean, Minshall, Moore, Mun sell, Murphy of Perry, Olds, Oliver, Parkinson, Parsons, Phillips, Reynolds, Ross, Thornton, Threlkeld, Trumbull, Webb, WeSt. While, Wilson and Mr. Speaker — 58.

Mr. Charles moved to strike out all the bill except the third section; which was not agreed to.

Mr. Hicks moved to amend by substituting the following for the original bill;

"That the acts contained in the revised code of 1833, in relation to taverns, be, and the same are hereby declared to be in full force and effect and all laws and parts of laws in relation to groceries, that have been since enacted, be, and the same are hereby repealed;" when

The House adjourned.

Wednesday, December 23, 1840.

The House met pursuant to adjournment.

Mr. Drummond presented the petition of the county court of Lee county, which, without reading, on his motion, was referred to that committee on State Roads.

Mr. Drummond also presented the petition of sundry citizens of Hampton, Rock Island county, which, without reading, on his motion, was referred to the committee on Banks and other Corporations.

Mr. Waters presented the petition of Caleb Slankard and wife, which without reading, on his motion, was referred to a select committee

Ordered, That Messrs. Waters, Threlkeld, and Blackman be said committee.

Mr. Beall presented the petition of T. S. Hinds of Wabash county, which, without reading, on his motion, was referred to a select committee.

151

Ordered, That Messrs. Beall, Bennett, and Dunlap be said committee.

Mr. Parkinson presented the petition of J. L. Heffington; which was read on his motion, referred to the committee on Claims.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted the following resolutions, viz:

Resolved by the Senate, and the House of Representatives of the State of Illinois, That our Senators in Congress be instructed, and our Representatives be requested to use their exertions to prevent the repeal of the act of Congress passed at the last session, Commonly known as the law establishing the Independent Treasury.

Resolved, That they be likewise instructed and requested to vote against all bills having for their object the establishment of a National Bank.

Resolved, That the Governor of this State be requested respectfully to transmit a copy of the foregoing resolutions to each of our Senators and Representatives in Congress.

They have also adopted the following resolution:

Resolved by the Senate, the House of Representatives concurring herein,

That a joint select committee, consisting of two on the part of the Senate, and three on the part of the House of Representatives, for each Judicial Circuit, be appointed to prepare and report a bill providing for an apportionment of representation in this State; and have appointed Messrs. Baker, Moore, Witt, Ross, Wood, Snyder, Johnston, Gatewood, Davidson, Nunnally, Raiston, Little, Harrison, Pearson, Hamlin, and Stadden.

In which they ask the concurrence of the House of Representatives.

Leave of absence was granted by the House to Mr. Bentley, a Representative from the county of Bond; ,

To Mr. Marshall, a Representative from the county of Marion; and

To Mr. Cox, a Representative from the county of Morgan.

Mr. Trumbull presented the remonstrance of certain citizens of Illinois Town, St. Glair county; which, without reading, was referred to the same select committee to which was referred a petition on the same subject.

The resolutions under discussion when the House adjourned yesterday morning, presented by Mr. Wheeler, together with the proposed amendment thereto, offered by Mr. Ormsbee, coming up for consideration, were, on the pending motion of Mr. Olds, laid on the table.

On motion of Mr. Dollins,

Resolved, That the Secretary of State inform this House, from the best information in his possession, what number of copies of the existing laws now in force and the laws that may be enacted during the present session, shall be necessary for distribution to public officers and for public convenience.

Mr. Wheeler offered for adoption the following preamble and resolution:

Whereas, The people are in debt, and to make a law to exonerate them from the payment of their just debts, would do manifest injustice to the creditor, and interfere with private contracts, and a violation of the Constitution, that says that the Legislature shall make no law impairing the obligation of contracts; therefore,

Resolved, That the committee on the Judiciary be instructed to enquire into the expediency of a stay law, so as to stay the proceedings; on judgments

152

and executions, on condition that the defendants make the debt se cure, by good and sufficient security for the discharge of the debt and costs.

On motion of Mr. Peck,

The House adjourned.

Thursday, DECEMBBR 24, 1840.

The House met pursuant to adjournment.

Mr. English asked leave of absence for Mr. Barnett, a Representative from the counties of De Witt and Macon.

Mr. Denny presented the petition of sundry citizens of Henry and Rock Island counties; which was read, and on his motion referred to a Select committee.

Ordered, That Messrs. Denny, Francis, and Henderson be said committee.

On motion of Mr. Peck,

The following preamble and resolution were adopted:

Whereas, Doubts have arisen as to the power of the Fund Commissioner to appoint an agent to act for him in bonding railroad iron, at the port of New Orleans;

Be it therefore, resolved by the House of Representatives, the Senate concurring herein, That the Fund Commissioner be, and he is hereby authorized to appoint an agent with full power to act for him in this behalf."

Mr. Logan, from the select committee to which was referred a certain petition, reported a bill for "An act to divorce James Willis;" which was read the first time, and

Ordered to a second reading, and

On his motion, the rule of the House was dispensed with, and the bill now read the second time, by its title, and referred to the committee on the Judiciary.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred the bill for "An act to incorporate the Pisgah Academy," reported the same back to the House without amendment, when the same was

Ordered to be engrossed for a third reading.

Mr. Murphy of Cook, from the same committee, to which was referred the Engrossed bill for "An act to incorporate the town of Macomb," re ported the same back to the House, and recommended its passage; when the bill was read the third time and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Mr. Dodge presented the petition of the Ottawa Library Association; which was lead, and on his motion, referred to a select committee.

Ordered, That Messrs. Dodge, Gridley, and Leary be said committee.

Also, the petition of Phineas Kimball; which was read, and referred to the committee on the Judiciary.

Also, the petition of sundry citizens of Dixon, in Lee county; which was read, and referred to the committee on Finance.

153

Also, the petition of sundry citizens of La Salle and Bureau counties; which was read and referred to the committee on Counties.

Also, the petition of sundry citizens of Illinois; which was read and referred to the committee on the Judiciary.

Mr. Peck, from the committee on Finance, to which was referred a bill for "An act requiring pedlars and auctioneers to procure license," reported the same back, and recommended its rejection; which was agreed to.

Mr. Peck, from the committee on Finance, to which was referred the Senate bill for "An act in relation to pedlars," reported the same back with amendments, which were concurred in, and the bill as amended,

Ordered to a third reading.

Mr. Peck, from the committee on Finance, to which was referred a certain resolution in relation to assessors, &c., reported the same back, and asked to be discharged from the further consideration of the subject; which was agreed to.

Mr. Peck, from the committee on Finance, to which was referred a certain resolution, reported the same back, and asked to be discharged from the further consideration of the subject.

Mr. Peck, from the committee on Finance, to which was referred the petition of sundry citizens of Vermilion county, reported the same back, and asked to be discharged from the further consideration of the subject.

Mr. Dougherty, from the committee on the Judiciary, to which was referred the Senate resolution in relation to revising the laws, reported the same back, with an amendment to strike out all after the word "laws," in the eighth line, and insert,

"To revise and digest all the laws of this State, of a general nature, which shall be in force at the end of this session of the Legislature, and that they make such alterations therein as to them shall seem proper, and report the laws so revised, and a specification of the alterations so made, to the next General Assembly, within ten days after the meeting of the same for their approval or rejection;" which amendments were concurred in, and the resolution as amended, was passed.

Ordered, That the Clerk inform the Senate of said amendments and ask their concurrence therein.

Mr. Dodge, from the select committee to which was referred the petition of H. Dechart and others, reported a bill for "An act for the relief of the persons therein named;" which was read the first and second time, and

Ordered to be engrossed.

Mr. Kitchell, from the Judiciary committee, to which was referred the petition of sundry citizens of Columbus district in the county of Adams, praying for an additional justice of the peace; also, a remonstrance against the same, reported the same back, and asked to be discharged from the further consideration of the same; which was agreed to.

Mr. Kitchell from the committee on the Judiciary, to which was referred a certain resolution, reported the same back, and on his motion, the committee were discharged from the further consideration of the same.

Mr. Kitchell, from the Judiciary committee, to which was referred a certain resolution and proposed amendment, reported the same back, and recommended the passage of the resolution, and the rejection of the amendment.

154

On motion of Mr. Drummond,

The report was laid on the table.

On motion of Mr. Olds,

Resolved, That the committee on Claims, to which was referred the petition of John L. Heffington, be also instructed to report upon similar claims in behalf of Joseph Reynolds, James Clark, and Reuben Alderson, of the county of Macoupin.

On motion of Mr. Ormsbee,

The following preamble and resolutions were adopted:

Whereas, The Auditor of Public Accounts, in his report giving the item of expenditure for public printing has embraced expenditures for both the session of the Legislature for 1839, '40, and of the present session, and has not separated the amount paid for printing, from the amount paid for binding; therefore,

Resolved, That the Auditor be requested to furnish this House with a statement showing the whole amount paid the Public Printer for all the printing done for the session of 1839,-'40, including Laws, Journals, and Reports; also, in a separate statement, the amount paid the Binders for stiching, folding, covering with paper, and binding the Reports, Journals, and Laws for the same session; also, in a separate statement the cost of the paper used in the printing of the said session, and the names of the persons to whom paid; also, separately, the aggregate statement of the items of expenditure above enumerated, so as to show the actual amount paid the Public Printer for printing, the actual amount paid the Binders for binding and stiching, and the actual amount paid for paper used at the aforesaid session of 1839,-'40.

On motion of Mr. Cavarly,

Resolved, That the State Treasurer be requested to make out and lay before this House, at as early a day as practicable, the following items of information:

1st. The number of offices, depots, and other buildings erected by the orders of the late Board of "Commissioners of Public Works," and "Board of Public Works;" where situated, the cost of each building, and the condition the buildings are now in; whether rented, to whom rented, and the annual amount?

2d. The quantity of railroad iron, spikes and nails, which have been received and not laid down; where situated, and in what condition the same is now, and the probable cost thereof?

3d. The amount of money paid out by the State for the right of way, and damages for, and on account of, the system of internal improvements, setting forth the names and amount paid to each person.

4th. What evidences are now on file, of grants or donations of land for the right of way, and whether the same have been acknowledged and re corded in the proper counties, according to law?

5th. Whether any railroad contracts were let by the late Board of Public Works, to whom let and the amount agreed to be paid therefor?

6th. The amount of money expended by the late Board of Public Works at Alton and its vicinity, in making a wharf in front of that city

Mr. Murphy of Cook moved for adoption the following resolution:

Resolved by the House of Representatives, the Senate concurring herein, That when the Legislature adjourns to-day, it shall stand adjourned till 10

155

o'clock on Monday next, to enable the standing committees to transact the business before them; which was decided in the affirmative, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Bissell, Bradford, Cavarly, Charles, Courtright, Crain, Darnielle, Dodge, Dougherty, Drummond, Dunlap, Edwards, English, Francis, Gridley, Henderson, Hull, Humphrey, Leary, McClernand, McGinnis, McLean, Minshall, Murphy of Cook, Murphy of Perry,Parkinson, Peck, Phillips, Prentice, Reynolds, Ross, Scott, Shepley, Thornton, and Wood-40.

Those who voted in the negative, are,

Messrs. Baldwin, Black man, Bussy, Canady, Carpenter, Denny, Dollins, Emmerson, Froman, Hankins, Hicks, Kelly, Kitchell, Logan, McClurken, McDonald, Moore, Munsell, Odam, Olds, Oliver, Ormsbee, Parsons, Trum bull, Turney, Waters, Wheeler, Wilson, and Mr. Speaker — 29.

On motion of Mr. Murphy of Perry,

Resolved, That the committee on Finance be instructed to enquire into-the expediency of so amending the estray laws, as to require the surplus, after paying all reasonable expenses, to be paid into the county treasury.

On motion of Mr. Parsons,

Resolved. That the committee on the Judiciary be instructed to enquire into the expediency of amending the laws regulating landlords and tenants, so as to require landlords to prove their accounts before distraining for rent.

On motion of Mr. Murphy of Perry,

Resolved, That the committee on Finance be instructed to enquire into the expediency of repealing so much of the militia law as requires the paying of brigade inspectors out of the State treasury.

On motion of Mr. Waters,

Resolved, That the committee on the Judiciary be instructed to enquire into the expediency of so altering or amending the law concerning justices of the peace, and constables as to limit their jurisdiction in all civil actions to the precincts for which they were elected, and that they report by hill or otherwise.

On motion of Mr. Ross,

Resolved,That the committee on the Judiciary be instructed to enquire into the Expediency of extending the jurisdiction of justices of the peace to $200, and that they report by bill or otherwise.

Mr. Bussy offered for adoption the following preamble and resolution:

Whereas, By the operation of our present law regulating county commissioners' courts in the several counties in this State, is somewhat defective, in as much as the densely populated parts of some counties of this State have the power over the weaker parts in electing their representatives in said courts, therefore for the more equal distribution of said representatives in each county in this State;

Resolved,That the committee on Counties be instructed to enquire in-the expediency of so amending the laws regulating county commissioners' courts in this State as to divide each county into three districts, called commissioners' districts, and that one of said commissioners shall hereafter be elected in each district, as vacancies may happen, by the expiration of the term of office of the present commissioners, with instruction to report by bill or otherwise.

156

On motion of Mr. Munsell,

Resolved, That the committee on the Judiciary be instructed to enquire into the expediency of repealing so much of the law as provides for the taxing a docket fee on petitions for the division of lands among heirs; al so, for the sale of lands by executors and administrators; also, to compel title when the obligee is dead.

On motion of Mr. Murphy of Cook,

Resolved, That the committee on the Judiciary be instructed to enquire into the constitutionality of the capitation tax, now levied for working roads, and report accordingly.

Mr. Trumbull, from the select committee, to whom was referred certain resolutions in relation to the distribution of the proceeds of the sales of public lands, made a minority report; which was laid on the table.

Mr. Drummond moved to print 200 copies of the majority and minority reports of said committee.

Mr. McClernand moved to take up the reports for consideration; which Was not agreed to: and,

On motion of Mr. Olds,

The motion to print was laid on the table.

Mr. Hicks offered for adoption the following preamble and resolution:

Whereas, It is made the duty of each of the Supreme Judges, the Attorney General, the Clerk of the Supreme Court, each of the prosecuting Attorneys in their several circuits, the Secretary of State, the Auditor of Public Accounts, the Treasurer of the State, the Major, the Brigade and Adjulant Generals, to make a report of all apparent defects, inconsistencies, omissions, unequal or oppressive laws, which each shall have discovered, to the Speaker of the House of Representatives, at the commencement of each and every session of the General Assembly, for the purpose of enabling it to make such amendments as will tend to perfect our code;

And whereas, The Hon W. Kitchell, late Attorney General, has made his report in conformity with said act; Therefore,

Resolved, That one copy of said report be printed for the use of each member of this House: which was agreed to.

Mr. Ormsbee, on leave, introduced a bill for "An act concerning roads;" which was read the first time, and

Ordered to a second reading.

Mr. Ormsbee moved to dispense with the rule of the House, and read the bill a second time by its title; which was not agreed to.

Leave of absence was granted to Mr. Ross, Representative from Fulton county, and

To Mr. Webb, Representative from White county.

Mr. Dodge, on leave, introduced a bill for "An act defining the method of issuing process in courts of law;" which was read the first time, and,

On motion of Mr. Dodge,

The rule of the House was dispensed with, and the bill now read a second time, by its title, and on his further motion, referred to the committee on the Judiciary.

Mr. Trumbull, on leave, introduced a bill for "An act providing for an issue term of the circuit court;" which was read the first and second time, and on his motion, referred to the committee on the Judiciary.

157

Mr. Dodge, on leave, introduced a bill for "An act extending the duties, of notaries public;" which was read the first time and second time, by its title, and on hi motion, referred to the committee on the Judiciary.

Mr. Peck, on leave, introduced a bill for "An act to incorporate the Chicago and LaSalIe Railroad Company;" which was read the first and second time, and referred to the committee on Banks and other Corporations.

Mr. Dodge, on leave, introduced a bill for "An act to vacate the town plat of the town of Shrewsbury," which was read the first time, and

Ordered to a second reading; when,

On motion,

The House adjourned.

Friday, December 25, 1840.

House met pursuant to adjournment:

The Speaker called the House to order, and it appearing that there was not a quorum present,

On motion of Mr. Carpenter,

The House adjourned.

Saturday, December 26, 1840.

House met pursuant to adjournment.

No quorum appearing,

On motion of Mr. English,

The House adjourned.

Monday, December 28, 1840.

House met pursuant to adjournment.

Leave of absence for ten days was granted to Messrs. Cunningham and Threlkeld, Representatives from the county of Coles; also to Mr. Prentice, a Representative from the county of Shelby; and to Mr. Scott, Representative from the county of Clinton.

Mr. Kitchell demanded a call of the House; and pending the call of the House.

Mr. Dodge presented the petition of citizens of Whitesides county; which was read on his motion, referred to a select committee.

Ordered, That Messrs. Dodge, Drummond, and Courtright be said committee.

Mr. Charles also presented the petition of sundry citizens of Hancock and McDonough counties; which, without reading, on his motion, was referred to the committee on State Roads.

158

Mr. Drummond presented the petition of David and Samuel Mitchell, for a ferry across the Mississippi; and of David Jewett and others for a bridge across the Pekatonica; which, without reading, on his motion, were referred to a select committee.

Ordered, That Messrs. Drummond, Henderson, and Thornton be said committee.

A message from the Senate, by Mr. Stapp, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed bills of the following titles, viz:

"An act to regulate foreign Insurance Company agencies established in the State of Illinois;"

"An act organizing a school district in Vermilion county, and authorizing the sale of school lands therein,"

"An act to incorporate the Schuyler City Manufacturing Company;"

"An act authorizing the county commissioners of Monroe county to borrow money for certain purposes."

In the passage of which they ask the concurrence of the House of Representatives.

They have refused to concur with the House of Representatives in the passage of a resolution, having for its object the adjournment of both branches of the Legislature, until Monday the 28th inst.

They have agreed with the House of Representatives in the passage of a preamble and resolution, in relation to powers of the Fund Commissioner, to appoint an agent, &c.,as amended by them.

In which amendment, they ask the concurrence of the House of Representatives.

They have also concurred with the House of Representatives in the passage of a bill for

"An act, making compensation to the persons therein named."

The Door-keeper having reported, and it appearing that there was no quorum present.

On motion of Mr. McClernand,

The House adjourned.

Tuesday, December 29, 1840.

House met pursuant to adjournment.

Mr. Hardin presented the petition of the trustees of "Illinois College," praying an alteration in their charter.

The reading of which was dispensed with, and on his motion, referred to a select committee.

Ordered, That Messrs. Hardin, Woodson, and Murphy of Perry be said committee.

Mr. Crain from the committee on Engrossed Bills, reported as correctly engrossed, a bill for

"An act, for the location of a State road, in the counties of Hamilton, Franklin, and Perry," also, a bill for

"An act to prevent the unlawful driving away of cattle."

159

Mr. Murphy of Cook, from the committee on Banks and Corporations, to which was referred the communication from the State Bank; reported the same back and were on his motion discharged from the further consideration of the same.

Mr. Kitchell from the committee on the Judiciary, to which was refer-red a petition respecting the bounty on Wolves scalps; reported the same back, and on his motion, were discharged from the further consideration of the same.

Mr. Peck from the committee on Finance, to which was referred the petition of sundry citizens of Jasper county, to legalize certain acts of the commissoners of said county; reported a bill for "An act, to legalize the acts of the commissioners of Jasper county;" which was read a first and second time, and

Ordered to be engrossed.

Mr. Leary from the committee on the Judiciary, to which was referred a certain resolution relating to the extension of the jurisdiction of justices of the peace; reported the same back, and on his motion, were discharged from the further consideration of the same.

Mr. Leary from the committee on the Judiciary, to which was referred the petition of Phineas Kimball; reported the same back, and was discharged from the further consideration of the same.

Mr. Logan from the select committee, to which was referred a bill for

"An act for the relief of the heirs of Daniel Barrow;" reported the same back, and recommended the passage of the same; when the bill was

Ordered to be engrossed for a third reading.

Mr. Woodson from the select committee to which was referred a Senate bill for "An act to amend an act to incorporate the Hamilton Primary School," reported the same back without amendment; when the bill was

Ordered to a third reading.

On motion,

The rule of the House was dispensed with, and the bill read a third time by its title, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof.

Mr. Peck from the select committee to which was referred the petition from the first Unitarian Society in Chicago; reported a bill for "An act to extend the provisions of an act entitled ‘An act, to provide for the dedication of lots in towns situated on canal lands to public purposes;’" approved February 28, 1839; which was read the first time, and

Ordered to a second reading.

Mr. Waters from the select committee to which was referred the petition of Caleb Slankerd and wife; reported a bill for "An act to divorce Caleb Slankerd and wife;" which was read a first time, and refused a second reading.

On motion of Mr. Darnielle,

Resolved, That the Reverend Mr. Mann, be permitted to occupy this Hall at early candle lighting on the evenings at Tuesday, Wednesday, and Friday of the present week; and also on Sunday next at 11 o'clock, A. M. at early candle lighting of same day, for the purpose of delivering theological lectures.

160

Mr. Kitehell offered for adoption the following preamble and resolutions, viz:

"Whereas, The stockholders of the Bank of Illinois claim the rights of banking prescribed by the charter under the provisions of section twenty one, of the eighth article of our State Constitution, which is as follows, viz: That there shall be no other banks or monied institutions in this State, but those already provided by law, except a State Bank and its Branches, which may be established and regulated by the General Assembly of the State, as they may think proper.

And whereas, it appears by a report of the President and Directors said bank, that the State owns $2,100,000 of the stock of said bank, about three-fifths of its whole capital.

And whereas, the State, holding a majority of stock, and liable to three fifths of all its expenses, and a proportionable loss, now has but seven directors in that institution, and the private stockholders have nine, giving the minority of capital stock, power to control the majority. And thereby rendering the State powerless to protect her interest in said institution; therefore, in order to enable the State to protect her interest in said institution, and in accordance with the express provisions of the above recited section of the Constitution of the State,

"Resolved, That the committee on Banks and other Corporation be instructed to enquire into the expediency of providing for the appointment of five additional directors on the part of the State, thereby constituting twelve directors for said institution on the part of the State, and that they report by bill or otherwise."

Mr. Hardin offered for adoption the following preamble and resolution:

"Whereas, it is represented that some incorporated cities and towns in this State pay a State, county and corporation tax, on all taxable property within the same, and that others are exempt from a portion of said taxes;

Therefore,

Ordered, That the committee on Finance be instructed to report a bill, making the taxes on all incorporated towns and cities uniform, either by exempting said incorporated cities and towns from a portion of said tax, or by making all pay equally alike;" which was not agreed to.

On motion of Mr. Brown of Vermilion.

"Resolved, That the committee on Finance be instructed to enquire into the justice and propriety of providing by law, for the redemption of scrip in the hands of citizens of this State and others, who hold it in payment for services rendered to the State on the works of internal improvement, or for other services rendered to State, and to report to this House at as early a day as practicable, by bill or otherwise."

On motion of Mr. Canady,

"Resolved, That the committee on Finance be requested to report to the House, whether in the opinion of the committee, it is possible in the pre sent condition of the finances of the. State, longer to preserve the faith and credit of the State untarnished, and if so, that they report to the House such plan as in the opinion of the committee will be most likely to accomplish that desirable object."

Mr. Woodson, on leave, introduced a bill for "An act to amend an act concerning public revenue," approved February 26,1839; which was

161

read a first and second time, and on his motion, referred to the committee on Finance.

Mr. Dougherty, on leave, introduced a bill for "An act to establish the court of probate;" which was read a first and second time, and

On motion of Murphy of Perry,

Referred to the committee on the Judiciary.

Mr. Drummond, on leave, introduced a bill for "An act concerning the town of Belvidere;" which was read a first and second time, and on his motion was referred to the committee on the Judiciary.

Mr. McClernand, on leave, introduced a bill for "An act to enable Stephen Chambers to procure a deed for a certain tract of land;" which was read first and second time, and on his motion, referred to the committee on the Judiciary.

Mr. Logan, on leave, introduced a bill for "An act to incorporate the Union Manufacturing Company;" which was read a first and second time, and referred to the committee on Banks and other Corporations.

Mr. Kitchell, on leave, introduced a bill for "An act to amend an act entitled An act, to provide for the safe keeping and security of the public money" which was read a first and second time, and referred to the committee on Finance.

Mr. Odam,on leave, introduced a bill for "An act, to incorporate the Marion Academy in Williamson county;" which was read a first and second time, and on his motion, referred to the committee on Education.

Mr. Peck, on leave, introduced a bill for "An act to authorize limited partnerships;" which was read a first time, and

Ordered to a second reading.

Mr. Lincoln, on leave, introduced a bill for "An act to establish a ferry across the Illinois river;" which was read the first time, and

Ordered to a second reading.

Mr. Lincoln, on leave, introduced a bill for "An act, for the relief of the creditors of the late William Wernwag," which was read a first time, and

Ordered to a second reading.

Mr. Trumbull, on leave, introduced a bill for "An act, in relation to free negroes and mulattoes;" which was read a first and second time, and on his motion, referred to the committee on the Judiciary.

Mr. Hardin, on leave, introduced a bill for "An act, to change the name of a person therein named;" which was read a first and second time, and

Ordered to be engrossed.

The Speaker laid before the House a communication from the Auditor of Public Accounts, which was read and referred to the same select committee, to which was referred the resolution to enquire into the expenses of public printing; when,

The House adjourned.

162

Wednesday, December 30, 1840.

House met pursuant to adjournment.

Mr. Murphy of Perry, presented the petition of Aquilla Combs; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Murphy of Perry, Parkinson, and Crain be said committee.

Mr. Dodge presented the petitions and remonstrance of sundry citizens of LaSalle and Kane counties; which, without reading, on his motion, were referred to a select committee.

Ordered, That Messrs. Dodge, McClernand, and Ormsbee be said committee.

Mr. Henderson presented the petition of sundry citizens of Putnam county, which, without reading, on his motion, was referred to the committee on Education.

Mr. Bennett presented the petition of citizens of Menard county; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Minshall presented the petition of, sundry citizens of Schuyler county, which, without reading, on his motion, was referred to the committee on Education.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed bill of the following titles, to wit;

"An act to incorporate the Western Marine and Fire Insurance Company;"

"An act to amend an act, simplifying proceedings at law for the collection of debts;" approved February 25,1833;

"An act to establish the county of Henderson;"

"An act to repeal an act entitled An act, making an appropiration for a Library, for the use of the Legislature and Supreme Court, and also to repeal an act allowing a premium on Wolf scalps;"

"An act to incorporate the Payson Academy;"

"An act to amend an act, entitled An act, to incorporate the town of Kaskaskia;" approved January 6, 1818;

"An act to incorporate the Philomathean Society of Mount Carmel Illinois;"

"An act to legalize the acts of Samuel C. McClure, as probate justice of the peace of Ogle county;"

"An act to amend an act entitled An act, to incorporate the Jo Davies Marine and Fire Insurance Company."

In the passage of which bills, they ask the concurrence of the House of Representatives.

They have also concurred with the House of Representatives, in the passage of a bill for "An act, authorizing the erection of a bridge Saline river."

A message from the Senate, by Mr. Stapp, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have adopted the following resolution:

163

"Resolved by the Senate, the House of Representatives concurring herein,

That the Fund Commissioner be, and he is hereby prohibited from selling or hypothecating State Bonds for any purpose whatsoever, except to pay the interest will become due for internal improvement bonds already legally sold, and for paying the expenses and freight on railroad iron, and all other expenses attending the execution of the duties of his office as Fund Commissioner, any law to the contrary notwithstanding."

In the passage of which they ask the concurrence of the House of Representatives.

Mr. Cavarly from the committee on the Judiciary, to which was referred sundry petitions, and bills in relation to vacation of town plats; reported a bill for "An act, to vacate town plats;" which was read the first time, and

Ordered to a second reading.

Mr. Drummond, from the committee on the Judiciary, to which was referred a resolution in relation to docket fees, in cases of petition for division of land; reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Drummond, also from the same committee to which was referred a bill for ‘An act to divorce James Willis;’ reported the same back to the House, and was discharged from the further consideration of the same.

And the question being, on ordering the bill to be engrossed.

It was decided in the negative.

Mr. Leary from the committee on the Judiciary, to which was referred the bill for "An act, extending the duties of Notaries Public;" reported the same bark to the House without amendment; when, the bill was

Ordered to be engrossed for a third reading.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred the bill for "An act to incorporate the town of Galesburg, in Knox county;" reported the same back to the House with certain amendments; which were read and concurred in; and the bill as amended was

Ordered to be engrossed,

Mr. Dodge from the select committee to which was referred the petition of sundry citizens of Whiteside county, in relation to State embarrassments; reported a bill for "An act to authorize Samuel M. Bowman to and a dam across Rock river, and for other purposes therein named," which was read the first time, and

Ordered to a second reading.

Mr. Brown of Vermilion, from the select committee to which was referred the petition of the Society of Friends of Vermilion county; reported a bill for "An act to authorize Elizabeth Haworth, widow of Jonathan, deceased, late of Vermilion county, to execute a deed to the trustees of Vermilion, monthly meeting of Friends;" which was read the first and second time; and refused to be engrossed by yeas and nays as follows:

Those who voted in the affirmative, are, Messrs. Archer, Beall, Bennett, Brown of Vermilion, Bussy, Canady, Charles, Denny, Emmerson, Francis, Froman, Gridley, Hendnson, Kelly, Lincoln, Mclean, Munsell, Murphy of Perry, Olds, Phillips, Reynolds, Waters, and Mr. Speaker — 23.

164

Those who voted in the negative, are,

Messrs. Bailey, Baldwin, Barnett, Bissell, Blackman, Bradford Brown of Sangamon, Carpenter, Cavarly, Courtright, Cox, Crain, Darninielle, Dodge, Dollins, Dougherty, Drummond, Dunlap, Edwards, English, Gil lespie, Hankins, Hicks, Humphrey, Kitchell, Leary, Lester, Logan, Mc Clernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Odam, Ormsbee, Parkinson, Parsons, Peck, Shepley, Troy Trumbull, Turney, Webb, Wheeler, White, Wilson, Woodson and Wood — 50.

Mr. Kelly offered for adoption the following resolution:

Resolved, That the committee on Education be instructed to report a bill, distributing the State School Fund among the several counties, in pro portion to the number of white inhabitants under twenty years of age, as enumerated in the official returns of the census taken in the year 1840.

Mr. Hardin moved that the House adjourn; which was not agreed to by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Beall, Dougherty, Gillespie, Gridley, Hardin, Henderson, Lincoln, McLean, Minshall, Peck, Phillips, Webb, Wood, and Mr. Speaker — 14.

Those voting in the negative, are,

Messrs. Archer, Bailey, Baldwin, Barnett, Bennett, Bentley, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Carpenter, Cavarly, Charles, Courtrigh, Cox, Crain, Darnielle, Denny, Dodge, Dollins, Drummond, Dunlap, Edwards, Emmerson, English, Francis, Froman, Hankins, Hicks, Humphrey, Kelly, Kitchell, Leary, Lester, Logan, McClurken, McDonald, McGinnis, Marshall, Munsell, Murphy of Perry, Olds, Ormsbee, Parkinson, Parsons, Reynolds, Shepley, Troy, Trumbull, Turney, Wheeler, White, Wilson, and Woodson — 56.

When,

On motion,

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

Senate bill for "An act to amend an act entitled An act, concerning justices of the peace and constables;" approved February 3,1827; was read the third time, and

On motion of Mr. Dodge,

Referred to the committee on the Judiciary.

Senate bill for "An act in relation to pedlars;" was read the third time. Mr. Marshall moved to amend the bill by striking out all after the enacting clause, and insert the following, viz:

SEC. 1. Be it enacted by the people of the State of Illinois, represented, in the General Assembly, That hereafter all venders of dry goods, hard ware or groceries, and all resident pedlars, individual bankers and money lenders shall be required to keep a correct account of the various kinds of goods received for sale, and the amount of money loaned by them during each year, commencing on the first day of March next. The amount to be returned by them to the assessor of their respective districts in each month of March thereafter.

165

SEC. 2. Be it further enacted, That one justice of the peace in each district of the several counties in this State, shall be the assessors of all taxable property in said district, to be chosen by the county commissioners court at their March term in each year; said justice of the peace, acting as assessor shall be required to attend at some suitable place in each district, on or before the 15th day of every month of May, for the purpose of receiving the list of taxable property in his district; the said justice shall be required required to give 15 days notice of the time and place of taking the assessment of taxable property by written advertisements, to be posted in three of the most public places in the district.

SEC. 3. Be it further enacted. That it shall be the duty of said justice of the peace to take the assessment of any individuals property when cal led upon at any time previous to the 1st day of May, and it shall be lawful for any justice of the peace to take the assessment when desired by any person in his district, and transmit the same to the assessing justice before the return day. The assessment of taxable property shall be made at a fair valuation, and if deemed necessary by the justice assessing, the owner of said property shall be required to give the amount taxable under oath.

SEC. 4. Be it further enacted, That it shall be the duty of each assess sing justice to keep a correct list of all within his district, who may fail or neglect to have their property assessed at or before the time appointed for such assessment, or who may have been discovered to have given an incorrect return of the same. Each and every person so failing to make a true return of the amount of his taxable property as before required, shall be compelled to pay a double tax on the assessment which shall be made by said assessor.

SEC. 5. Be it further enacted, That the sum of two dollars per day shall be allowed to the assessing justice for each day while employed in taking the assessment, to be approved by the county commissioners' court.

SEC. 6. Be it further enacted, That all laws and parts of laws coming in conflict with the provisions of this act, shall be, and are hereby re pealed; which proposed amendment,

On motion of Mr. Charles,

Was laid on the table.

Engrossed bill for "An act to prevent the unlawful driving away of cattle and other stock, by drovers and others," was read the third time and

On motion of Mr. Cavarly,

The first section of the bill was amended by inserting the words "before any Justice of the peace of the proper county."

Mr. Bailey moved to amend by striking out the word "five" before miles and inserting "fifteen;" which was not agreed to.

Mr. Olds moved to amend the bill by adding the following:

"Unless it can be shown that such drover or person has used all due diligence to prevent such stock following;" which was not agreed to.

Mr. Murphy of Cook, moved to amend by adding the following:

"Provided, That if the drover shall give notice at the first house he comes to, after he has traveled a distance of five miles, that such stock has come amongst his, against his consent, then he shall not be subject to the penalties of this bill," which,

166

On motion of Mr. Lester,

Was laid on the table.

Mr. Gridiey moved to amend the bill by striking out "five" before the word "miles" and insert "eight," which proposed amendment,

On motion of Mr. Turney,

Was laid on the table.

Mr. Brown of Vermilion moved to amend by adding the following:

"Provided the, same can be done without a breach of the peace;" which

On motion of Mr. Dollins,

Was laid on the table.

Mr. Olds moved to amend by adding the following:

"Provided, That if the drover shall leave such stock in the next enclosure he comes to, or drives them no further than the next night's stopping place, he shall not be subject to the penalties of this bill," which,

On motion of Mr. Shepley,

Was laid on the table.

Mr. Henderson moved to amend by adding the following:

"Provided it be an inhabited road; but where the road passes through an uninhabited country, then within the distance of eight miles as aforesaid;"

which,

On motion of Mr. Bentley,

Was laid on the table; when,

On motion of Mr. Leary,

The bill was referred to a select committee.

Ordered, That Messrs. Leary, Dollins, Gridiey, Dougherty, and Olds, be said committee;

Mr. Leary from the committee on Engrossed and Enrolled Bills, reported as correctly enrolled bills of the following titles:

"An act making compensation to the persons therein named;"

"An act declaring the town of Benton the permanent seat of justice for the county of Franklin;"

"An act to extend the time for taking the enumeration of the inhabitants of this State;"

Also as correctly engrossed bills for

"An act to change the name of a person therein named;" and

"An act to legalize the acts of the commissioners of Jasper county;"

The bill for "An act to vacate the plat of the town of Greensburg," was read the second time, and

Ordered to be engrossed.

A bill for "An act for the relief of the creditors of the late William Wernwag;" was read the second time, and

Ordered to be engrossed.

Engrossed bill for "An act for the location of a State road in the counties of Hamilton, Franklin, and Perry;" was read the third time, and

On motion of Mr. Carpenter,

Amended by striking out the name of "John W. Marshall," and inserting "Green berry W. Moore;" and the bill as amended passed.

Ordered, That the title be as aforesaid, and that the Clerk inform Senate thereof, and ask their concurrence therein.

Mr. White, on leave, introduced a bill for "An act, to authorize the

167

county commissioners of Christian county to borrow money;" which was read the first and second time, and

Ordered to be engrossed.

Senate resolution providing for the appointment of a joint select committee to prepare and report a bill for the apportionment of Representation in the Legislature of this State; was read, and

On motion of Mr. Carpenter,

Amended by striking out "two on the part of the Senate, and three on the part of the House of Representatives," and inserting "one on the part of the Senate, and two on the part of the House of Representatives;" when the resolution as amended, was concurred in.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence in said amendment.

Senate resolutions in relation to the Independent Treasury act, and United States Bank; were read and concurred in by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs, Baldwin, Barnett, Bentley, Bissell, Blackmail, Bussy, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherly, Dunlap, English, Hankins, Hicks, Humphrey, Kelly, Kitchell, Leary, Lester, Logan, McClernand, McClurken, McDondd, McGinnis, Marshall, Moore, Murphy, of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 44.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beail, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Gillespie, Gridley, Hardin, Henderson, Lincoln, McLean, Minshall, Munsell, Parkinson, Phillips, Reynolds, Troy, Waters, Webb, and Woodson — 31.

A bill for "An act to locate a State road from McLeansborough to Shawneetown;" was read the second time, and referred to the committee on State Roads.

A bill for "An act concerning roads;" was read the second time, and referred to the committee on the Judiciary; when,

On motion,

The House adjourned.

Thursday, December 31, 1840.

House met pursuant to adjournment.

A message from the Senate, by Mr. Stapp, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed bills of the following titles, viz:

A bill for "An act authorizing an additional justice of the peace, and constable in the town of Florence, in Pike county;"

"An act to define the bounds of Boone county."

In which they ask the concurrence of the House of Representatives.

They have concurred with the House of Representatives in their amendments to bills of the following titles, viz:

168

A bill for "An act to incorporate the Benton Academy, in Franklin county."

A bill for "An act making school commissioners elective by the people;"

A bill for "An act to legalize the assessment of property in the county of Peoria, and other counties for the year 1840."

The Senate have refused to concur with the House of Representatives in their amendments to a bill for "An act to charter a Female Academy in Marion county."

The Senate have also adopted the following resolution:

Resolved by the General Assembly, That the Auditor of Public Accounts, be, and he is hereby directed, not to issue his warrant on the Treasury, in pursuance of an act making appropriations for a library for the use of the Legislature, and Supreme Court, approved February 23d, 1839, until the end of the present session of the General Assembly.

In the passage of which resolution they ask the concurrence of the House of Representatives.

On motion of Mr. Kelly,

The rule of the House was dispensed with, and the Senate bill for "An act to repeal an act, entitled, ‘An act making an appropriation for a library for the use of the Legislature and Supreme Court;’ and also to repeal a an act allowing a premium on wolf scalps;" which was read the first and second times by its title, when

Mr. Carpenter moved to amend the same by striking out the second section, which proposed to repeal the law allowing a premium on wolf scalps.

Mr., Parkinson moved to lay the motion to amend on the table; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Beall, Bennett, Bissell, Charles, Cox, Denny, Edwards, Emmerson, Francis, Gillespie, Moore, Murphy of Perry, Odam, Parkinson, Troy, Trumbull, Webb, Woodson, and Mr. Speaker — 19.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin,Barnett,Bentley,Blackman, Bradford, Brown of Sangamon,Brown of Vermilion, Bussy, Canady, Carpenter, Cavarly, Courtright, Grain, Darnielle, Dodge, Dollins, Dougherty, Drum mond, Dunlap, English, Froman, Gridley, Henderson, Hicks, Hull, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand McClurken, McDonald, McGinnis, Marshall, Munsell,Olds, Parsons, Peck, Phillips, Reynolds, Shepley, Thornton, Turney, Waters, White, Wilson, and Wood — 5-J.

Mr. Webb moved to stiike out the enacting clause of the bill; which motion,

On motion of Mr. English,

Was laid on the table.

Mr. Dougherty moved to re-consider the vote on laying the motion to strike out the enacting clause of the bill on the table; which was not agreed to.

Mr. Webb moved to lay the bill on the table; which was not agreed to by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bissell, Bradford, Brown of

169

Brown of Vermilion, Canady,Charles, Denny, Dodge, Dougherty, Drummond, Edwards, Francis, Froman, Gridley, Hardin, Hull, Kitchell, Leary, Lincoln, McClernand, McLean, Minshall, Munsell, Peck, Phillips, Reynolds, Thornton, Troy, Trumbull, Webb, Woodson, and Wood-36.

Those who voted in the negative, are,

Baldwin, Barnett, Bentley, Blackman, Bussy, Carpenter, Cavrly, Courtright, Cox, Crain, Darnielle, Dollins, Dunlap, Emmerson, Eng-Gillespie, Henderson, Hicks, Humphrey, Kelly, Laughlin, Lester, Logan, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Perry, Odam, Olds, Ormsbee, Parkinson, Parsons, Shepley, Turney, Wa-ters, Wheeler, White, Wilson, and Mr. Speaker — 41.

And the question being on the motion to strike out the second section of the bill,

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Barnett, Bentley, Blackman, Bradford, Brown of Sangamon, Bussy, Carpenter, Cavarly, Courtright, Crain, Darnielle, Denny, Dodge, Dollins, Drummond, Dunlap, English, Gridley, Henderson, Hicks, Hull, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Lincoln, Logan, McClernand, McClurken, McDonald, McLean, Marshall, Minshall, Munsell, Murphy of Perry, Olds,Ormsbee, Parsons, Peck, Reynolds, Shepley, Thornton, Turney, Waters, Wheeler, White, Wilson, Woodson, and Mr. Speaker — 53.

Those who voted in the negative, are,

Messrs. Baldwin, Beall, Bennett, Bissell, Brown of Vermilion, Canady, Charles, Cox, Follies, Dougherty, Edwards, Emmerson, Francis, Froman, Gillespie, Hardin, McGinnis, Moore, Odam, Parkinson, Phillips, Troy, Trumbull, Webb, and Wood — 25.

When,

On motion of Mr. Hardin,

The bill was referred to the committee on the Judiciary.

On motion of Mr. Dollins,

The rule of the House was dispensed with and the resolution from the Senate directing the Auditor not to issue a warrant on an appropriation for a library, was taken up for consideration, and

Mr. Archer moved to refer the same to the committee on the Judiciary, which was not agreed to;

When the Senate resolution was concurred in.

Ordered, That the Clerk inform the Senate thereof; when

The House adjourned until 2 o'clock.

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Trumbull, on leave, from the committee on the Judiciary, to which was referred the bill for "An act to change the time of holding courts in

170

the second Judicial circuit:" reported the same back to the House with a amendment as a substitute for the original bill; which was read and con currerd in, and the bill as amended,

Ordered to be engrossed.

Mr. McClernand, from the committee on Canals and Canal Lands, to which was referred the petition of James McKee, reported the same back to the House, and was discharged from the further consideration of the same.

On motion of Mr. Wheeler,

The resolutions some days since offered by him, together with the amendments thereto, offered by Mr. Ormsbee, in relation to a United States Bank, and the Sub-Treasury, were taken up for consideration.

Mr. Shepley demanded a call of the House, and pending the call,

The Speaker laid before the House communications from the President of the State Bank of Illinois, and the President of the Bank of Illinois, in answer to calls of the House for information; which were read, and,

On motion of Mr. McClernand,

Referred to the committee on Banks and other Corporations.

The Speaker laid also before the House a communication from the Secretary of State, in relation to the distribution of the laws; which was read, and

On motion of Mr. English,

Referred to the committee on the Judiciary.

The Door-keeper having reported under the call of the House, the consideration of Mr. Wheeler's resolutions, and the proposed amendment thereto, was resumed.

Mr. Henderson moved to amend the amendment by striking out all after the word "that," and inserting as follows:

"We have entire confidence in the capacity of the people of the United States for self-government.

"Resolved, That the recent defeat of Mr. Van Buren, by a majority of more than one hundred and fifty thousand freemen, aided as he was by the immense patronage of the Government, affords an unerring indication of their desire to abandon the monarchical financial experiments of Martin Van Buren, with all their rich fruits of low prices and low wages, and the return to the good old republican usages adopted by Washington and the other pat riots of the revolution, and continued and approved by all the Republican Presidents.

Resolved, That in a Republican Government the people are sovereign and have the right to decide all great political questions, and that to call in question the correctness of their decision, when so solemnly expressed the polls, or to impugn the purity of their motives, is an insult to the intelligence and virtue of the people, and a virtual denial of the fundamental principles of Republics.

Resolved, That as Republicans, believing in the ability of the people to govern themselves, we acquiesce in the sentence of condemnation passed by the people at the late election of President, upon Mr. Van Buren, with his Sub Treasury and standing army projects.

Resolved, That the active and untiring efforts of Mr. Van Buren's trained band of Federal officers, to defeat the will of the people at the late Presidential

171

election, has inscribed upon the list of President Harrison's Executive duties, in characters too legible to be misunderstood, the task of reform, particularly of those abuses which have recently brought the patron-age of the Government into conflict with the elective franchise."

Mr. Cavarly moved to lay the proposed amendments on the table.

Mr. Lincoln demanded a division of the question, so as to take the vote first on the proposed amendment to the amendment.

And the question being put on laying the amendment offered by Mr. Henderson, on the table.

It was decided in the affirmative, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Hicks Humphrey, Kelly, Kitchell, Laughlin,Lester, Logan, McClernand, McClerken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Shepley, Trumbull Tiirney,Wheeler, White, Wilson, Wood and Mr. Speaker — 42.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Minshall, Munsell, Parkinson, Phillips, Reynolds, Thornton, Troy, Waters, Webb, and Woodson — 34,

And the question recurring on laying the amendment proposed by Mr. Ormsbee on the table,

The mover withdrew the amendment.

And after discussion, and without taking the vote on the original resolutions,

The House adjourned.

Friday, January 1, 1841.

House met pursuant to adjournment.

Mr. Crain from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following titles:

"An act for the relief of the heirs of Daniel Barrow, deceased;"

"An act to provide for reviewing certain State roads;"

"An act for the relief of the creditors of the late William Wernwag;"

"An act to authorize the county commissioners of Christian county to borrow money;"

"An act to vacate the plat of the town of Shrewsbury,"

"An act extending the duties of Notaries Public;"

"An act for the benefit of the persons therein named;"

"An act incorporate the Pisgah Academy."

Mr. Barnett presented the petitions of sundry citizens of Macon and De Witt counties; which, without reading, on his motion, were referred to committee on Counties.

Barnett also presented the petition of citizens of Macon county; which, without reading, on his motion, was referred to the committee on State Roads.

172

Mr. Archer presented the petition of Charles McNary and others which, without leading, on his motion, were referred to the committee on State Roads.

Mr. Murphy of Cook, presented the petition of sundry citizens of La Salle and Will counties; which, without reading, on his motion, was refer red to the committee on Counties.

Mr. Parsons presented the petition of sundry citizens of Pike county: which, without reading, on his motion, was referred to the committee on Counties.

Mr. Denny presented the petition of Messrs. Finch and Hubbuck; which, without reading, on his motion, was referred to the committee on Claims.

Mr. Peck presented the petition of inhabitants of the Northern part of the State, praying for a turnpike road; which, without reading, on his motion was referred to the committee on State Roads.

Mr. Gridley presented the petition of citizens of McLean county, in relation to a road therein named; which, without reading, on his motion, was referred to the committee on State Roads.

The bill for "An act to amend an act, entitled An act, to regulate tavern and grocery licenses;" coming up for consideration, together with the proposed amendments thereto,

Mr. Peck demanded a call of the House; and pending the call,

Mr. Ormsbee offered for adoption the following resolution:

"Resolved by the House of Representatives, the Senate concurring herein, That the Secretary of State be authorized and required to revise all the laws of this State of a general nature, including those enacted at this session of the Legislature, and properly arrange the same, and have six thousand copies thereof published, and bound in one volume for the use of the State, with marginal notes and an index."

Resolved further, That the Secretary of State have the privilege of publishing on his own account, and at his own expense as many extra copies of said laws for sale as he may prefer.

Resolved also, That any and all resolutions heretofore adopted, authorizing and requiring the appointment of a joint select or any other committee for the purpose of revising and amending said laws for the favorable or unfavorable consideration of the next Legislature be hereby revoked.

Mr. Turney moved to refer the above resolution to the committee the Judiciary; and before the vote was taken on said motion, the Door keeper reported under the call of the House.

And the consideration of the license bill was again resumed; and

Mr. Shepley moved to lay the amendment to the amendment on the table; which was agreed to by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Baldwin, Barnett, Bissell, Blackman, Bradford, Brown of Vermilion, Bussy, Canady, Carpenter, Courtright, Cox, Crain, Dodge Dollins, Dougherty, Drummond, Francis, Froman, Gillespie,Hardin, Hicks, Hull, Leary, Lester, Lincoln, Logan, McClernand, McDonald, McGinnis, Marshall, Minshall, Moore, Murphy of Cook, Murphy of Perry, Ormsbee, Parkinson, Parsons, Peck, Shepley, Thornton, Trumbull, Webb White, Woodson, and Wood — 46.

173

Those who voted in the negative, are,

Messrs. Archer, Beall, Bennett, Bentley, Cavarly, Charles, Darnielle, Denny, Dunlap, Edwards, Emmerson, English, Gridley, Henderson, Kel-ly, Kitchell, Laughlin, McLean, Munsell, Odam, Olds, Phelps, Phillips, Reynolds, Ross, Troy, Turney, Waters, WeSt. Wheeler, Wilson, and Mr. Sneaker-33.

And the question being on the amendment proposed by Mr. Hicks, after discussion thereon, and before the vote was taken,

The House adjourned.

Saturday, JANAUARY, 1841.

House met pursuant to adjournment.

Mr. Trumbull from the committee on Engrossed Bills, reported as correctly engrossed, a bill for "An act to change the time of holding courts in the second judicial circuit."

And on his motion, the rules of the House were dispensed with, and the bill was now read the third time; and

Mr. Bissell moved to amend the bill by striking out all after the words "county of Washington" in the first section, and insert the following;

"On the Thursdays after the second Mondays of March and September, in the county of Randolph on the third Mondays of March and September; in the county of Monroe on the fourth Mondays of March and September; in the county of St. Clair on the fifth Monday of March 1841, and forever after on the first Mondays of April and October; in the county of Madison on the third Mondays of April and October;" which was not agreed to, when the bill was passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Mr. Gridley presented the petition of sundry citizens of McLean and Livingston counties; which, without reading, on his motion, was referred to the committee on State Roads.

The bill for "An act to amend an act, entitled An act, to regulate tavern and grocery licenses," coming up for consideration,

Mr. Trumbull moved to lay the amendment proposed by Mr. Hicks on the table.

Mr. Hicks demanded a call of the House; and pending a call of the House,

On motion of Mr. Ormsbee,

The reports of the Commissioners of the State House were taken up, and referred to the committee on Public Accounts and Expenditures.

Mr. Gridley, on leave, introduced a bill for "An act to provide for draining mill dams on the Mackinaw creek;" which was read the first and, second time by its title, and referred to the committee on the Judiciary; when,

On motion of Mr. Leary,

Further proceedings under the call of the House were dispensed with, and the House resumed the consideration of the license bill.

And the question being on laying the proposed amendment on the table,

It was decided in the affirmative, by yeas and nays as follows:

174

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Baldwin, Barnett, Beall, Bennett, Bissell, Brad ford, Brown of Vermilion, Bussy, Canady, Carpenter, Cavarly, Charles, Courtright, Cox, Darnielle, Denny, Dougherty, Drummond, Dunlap, Em merson, English, Francis, Fromim, Griddley, Hardin, Hennderson, Hull Kelly, Leary, Logan, McClurken, McDonald, McGinnis, McLean, Mar shall, Moore, Munsell, Odam, Olds, Parkinsan, Parsons, Phelps, Phillips, Reynolds, Ross,Thornton, Troy, Trumbull,Turney, Waters, WeSt. White, Wilson, and Woodson — 56.

Those who voted in the negative, are,

Messrs. Blackman, Crain, Dollins, Hankins, Hicks, Kitchell, Laughlin, Lester, Marshall, Murphy of Cook, Ormsbee, Peck, Shepley, Webb, Wheeler, Wood and Mr. Speaker — 17.

Mr. Logan demanded the previous question; which was not sustained, Mr. Shepley moved to lay the bill on the table; which was not agreed to.

Mr. Turney moved to amend the third section of the bill by adding the following:

"And that all monies arising from licenses granted, and fines inflicted under the provisions of this act, shall be added to the township school fund, wherein such tipling house is established, and applied to the pur poses of educating the poor children of such township."

Mr. Peck moved to refer the bill and proposed amendments to the com mittee on Finance; which was not agreed to; when,

On motion of Mr. Hardin,

The proposed amendment was laid on the table, by yeas and nays as follows:

Those who Toted in the affirmative, are,

Messrs. Bailey, Baldwin, Barnett, Beall, Bennett, Bentley, Blackman Bradford, Brown of Vermilion, Bussy, Carpenter, Charles, Darnielle, Denny, Dougherty, Dunlap, Emmerson, Francis, Froman, Gridley, Har din, Hennderson, Hull, Lean, Logan, McClernand, McDonald, MeGinnis, Marshall, Minshall, Moore,Odam, Parkinson, Phelps, Phillips, Reynolds Thornton,Troy,Trumbull, Webb, WeSt. Wilson, andWood — 43.

Those who voted in the negative, are,

Messrs. Archer, Bissell, Cavarly, Courtright, Cox, Crain, Dollins, Drum mond, English, Hankins, Hicks, Kelly, Kitchell, Laughlin, Lester, Lean, Munsell, Murphy of Cook, Murphy of Perry, Olds, Ormsbee, Par sons, Peck, Ross, Shepley, Turney, Waters, Wheeler, Woodson, and Speaker — 30.

Mr. Phelps moved to strikeout all after the enacting clause of the and insert as follows:

"SEC. — That if any person shall hereafter sell or retail spirituous liquor in less quantity than one gallon, without having first obtained license as provided in an act regulating tavern and grocery licenses, passed on the second day of March, 1839, shall for each offence forfeit and pay into the county treasury the sum of twenty dollars, to be recovered before any justice of the pea,cc of the proper county;" which,

On motion of Mr. Ormsbee,

Was laid on the table.

175

Mr. Dollins moved to amend the bill by adding the following as an additional section:

"SEC- It shall hereafter be the duty of the county commissioners' courts to grant license to any applicant who may desire to keep a grocery, by said applicants or applicants paying into the county treasury of the proper county, for the privilege granted, a sum not exceeding three hun-dred dollars nor less than five dollars, in the discretion of the court, upon said applicant executing bond in the penalty of two hundred dollars, with one or more securities, to be approved of by the court, conditioned that the applicant will keep an orderly house, and that he will not permit any unlawful gaming or riotous conduct in his house during the pendency of said license," which,

On motion of Mr. Charles,

Was laid on the table by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Barnett, Beall, Bennett, Bentley, Bissell, Bradford, Brown of Vermilion, Bussy, Canady, Cavarly, Charles, Cox, Dar-nielle, Denny, Dougherty, Drummond, Dunlap, Emmerson, English, Francis, Froman, Gridley, Hardin, Henderson, Hull, Kelly, McClurken, McDonald, McGinnis, McLean, Minshall, Moore, Munsell, Murphy of Perry, Olds, Parkinson, Phelps, Phillips, Reynolds, Ross, Thornton, Troy, Trumbull, Turney, Waters, Webb, WeSt. Wilson, and Woodson — 51.

Those who voted in the negative, are,

Messrs. Baldwin, Blackman, Carpenter, Courtright, Crain, Dollins, Hankins, Hicks, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, Marshall, Murphy of Cook, Odam, Ormsbee, Parsons, Peck, Shepley, Wheeler, White, Wood, and Mr. Speaker — 25.

Mr. Trumbull demanded the previous question.

And on the question — "Shall the main question be now put?"

It was decided in tha affirmative.

Mr. Ormsbee demanded a call of the House, which having continued for some time,

On motion of Mr. Charles,

Further proceedings under the call were dispensed with. And the question recurring on the passage of the bill, It was decided in the affirmative, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Baldwin, Barnett, Bennett, Bissell, Blackman, Brown of Vermilion, Bussy, Canady, Carpenter, Charles, Courtright, Cox, Denny, Dougherty, Drummond, Dunlap, Francis, Froman, Hardin, Henderson, Hall, Laughlin, Logan, McDonald, McGinnis, Marshall, Minshall, Moore, Munsell,Murphy of Perry, Parkinson, Reynolds, Ross, Thornton, Troy, Trumbull, Webb, WeSt. and Woodson — 40.

Those who voted in the negative, are,

Messrs. Archer, Beall, Bentley, Bradford, Cavarly, Crain, Darnielle, Dollins, Emmerson,English, Gridley, Hankins, Hicks, Kelly, Kitchell, Leary, Lester, McClernand, McClurken, McLean, Murphy of Cook, Odams, Olds, Ormsbee, Parsons, Peck, Phelps, Phillips, Shepley, Turney, Waters, wheeler, White, Wilson, Wood, and Mr Speaker — 36.

176

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence in the passage of the bill.

Mr. Dougherty from the committee on the Judiciary, to which was referred the bill for "An act to establish the court of probate;" reported the same back to the House with an amendment as a substitute; when,

On motion of Mr. Henderson,

The bill and report were laid on the table; and

The Speaker laid before the House a communication from the Govern nor; which, with accompanying documents, was read, and

On motion of Mr. Henderson,

The following resolution in relation thereto, was adopted.

"Resolved by the House of Representatives, the Senate concurring herein

That the message of his Excellency, the Governor, just received communicating to this House, the report of General William F. Thornton, relating to his sale of Canal Bonds, together with the letters of Messrs. Magniac Smiths & Co., of London, and Messrs, Nevins, Townsend & Co., of New York, to said Thornton, be referred to a joint select committee of both Houses, to consist of five members on the part of the House, and three on the part of the Senate, and that said committee examine into the whole transaction, and report as soon as practicable to both Houses, whether the negotiation made by the said Wm. F. Thornton was made in conformity with law, and what further proceedings, if any, are necessary relating to the security of the State Bonds, sold and unsold, both in Europe America."

Ordered, That Messrs. Henderson, McClernand, Brown of Vermilion, Kitchell and McLean be the committee on the part of the House, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Mr. Henderson also offered for adoption the following resolution:

"Resolved, That the Public Printer furnish this House with one thousand copies of Wm. F. Thornton's report, on the subject of his negotiating loan for canal purposes;" which

On motion of Mr. Ormsbee,

Was laid on the table.

Mr. Leary moved to print one thousand copies of the report of the canal commissioners.

Mr. Turney moved the printing of one hundred and fifty copies.

Mr. Minshall moved to lay the motion to print on the table.

Mr. Murphy of Cook, moved that the House adjourn; which was not agreed to, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Barnett, Beall, Bentley, Carpenter, Dougherty, Dunlap, Francis Hankins, Hardin, Hicks, Kelly, Leary, Lincoln, Logan, McClernand, Mc Donald, McGinnis, McLean, Marshall, Minshall, Murphy of Cook, Odam, Peck, Reynolds, Ross, Webb, WeSt. Wheeler, Wood and Mr. Speaker — 30.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Blackman, Bradford, Brown of Vermilion, Bussy, Canady, Cavarly, Charles, Courtright, Cox, Crain, Darnielle, Denny, Dollins, Drummond, English, Froman, Gridley, Henderson, Hull,

177

Kitchell, Lauchlin, Lester, McClurken, Moore, Munsell, Murphy of Perry, Olds, Ormsbee, Parkinson, Parsons, Phelps, Thornton, Troy, Trumbull, Turney, White, Wilson, and Woodson — 41.

Mr. Trumbull moved that the House adjourn until 2 o'clock, P. M.; which was not agreed to.

Mr. Dougherty moved that the House adjourn, which was decided in the affirmative by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Barnett, Beall, Bentley, Brown of Vermilion, Dougherty, Dunlap, English, Francis, Hankins, Hardin, Henderson, Hicks, Hull, Kelly, Leary, Lincoln, Logan, McClernand, McDonald, McGinnis, McLean, Mar-shall, Minshall, Murphy of Cook, Odam, Parsons, Peck, Phillips, Reynolds, Ross Shepley, Thornton, Webb, Wheeler, White, Wood, and Mr. Speaker — 37.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Blackman, Bradford, Bussy, Canady, Carpenter, Cavarly, Charles, Courtright, Cox, Grain, Darnielle, Denny, Dollins, Drummond, Froman, Gridley, Kitchell, Laughlin, Lester, McClurken, Moore, Munsell, Murphy of Perry, Olds, Ormsbee, Parkinson, Phelps, Troy, Trumbull, Turney, WeSt. Wilson, and Woodson — 36.

The House adjourned.

Monday, January 4, 1841.

House met pursuant to adjournment

Mr. Dodge presented the remonstrance of citizens of Kane county, against a division of said county; which, without reading, on his motion, was referred to the same select committee, to which was referred petitions on same subject.

Mr. Leary presented the petition of sundry citizens of Cook and Will counties, asking for the erection of a new county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Leary from the committee on Engrossed Bills, reported as correctly engrossed a bill for "An act, to incorporate the town of Galesburg in Knox county."

Also, as correctly enrolled a bill for "An act, authorizing the erection of a bridge across Saline river."

Mr. Dougherty presented the petition uf citizens of Alexander county;which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Dougherty, Menard and Oliver be said committee.

Mr. Parsons presented the petition of sundry citizens of Pike county; which without reading, on his motion, was referred to the committee on counties.

Mr. McClernana presented the petition of citizens of Gallatin county; which without reading, on his motion, was referred to the committee on canals and Canal Lands.

Mr. Bissell presented the petition of Sarah Johnson for a divorce;

178

which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Bissell, Barnett, and McGinnis be said committee.

Mr. Munsell presented the petition of sundry citizens of Edgar county, in relation to groceries; which, without reading, on his motion was referred to the committee on Finance.

Mr. Odam presented the petition of citizens of the town of Marion; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Odam, Phillips, and White be said committee.

Mr. Drummond presented the remonstrance of citizens of Rock Island county, against the change of name of the town of Stephenson; which, without reading, on his motion, was referred to the same select committee to which was referred petitions on the same subject.

Mr. Brown of Vermilion, moved to take up for consideration, the petition of sundry citizens of Vermilion county, in relation to the collection of the revenue; which was agreed to.

And on his motion, the same was referred to a select committee.

Ordered, That Messrs. Brown of Vermilion, Archer and Webb be said committee.

The question pending when the House adjourned on Saturday laSt. on the motion of Mr. Minshall, to lay the motion to print the report of the canal commissioners on the table, recurring,

It was decided in the negative.

And the question recurring on the motion to print 1000 copies of the report of the canal commissioners, it was agreed to.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred a resolution instructing said committee to enquire into the expediency of increasing the banking capital of this State, made a report thereon, which, being read, Mr. Bissell moved to lay the report on the table, and that 500 copies thereof be printed.

Mr. Dougherty moved the printing of one hundred copies; and the report being laid on the table,

Mr. Grain moved the printing of one thousand copies.

Mr. Minshall moved to amend the motion to print by adding one thou sand copies of the reports of the select committee, appointed to enquire into the expediency of memorialising Congress to distribute the proceeds of the sales of the public lands among the States.

Which motion to amend, the Speaker decided to be out of order; and

Mr. Minshall having taken an appeal to the House from the decision of the Speaker,

The question was put, "Shall the decision of the chair stand as the judgement of the House?"

It was decided in the affirmative by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Baldwin, Barnett, Beall, Bentley, Bissell, Blackman, Brown of Vermilion, Bussy, Carpenter, Courtright, Crain, Denny, Dodge, Dollins, Dougherty, Dunlap, English, Hankins, Henderson, Hicks, Hull, Kelly, Kitchell, Laughlin, Leary,Lester, Logan, McClernand, McClurken,

179

McDonald, McGinnis, McLean, Marshal], Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parkinson, Parsons, Peck, Philips, Prentice, Reynolds, Ross, Shepley, Troy, Trumbull, Turney, Waters, WeSt. Wheeler, White, Wilson, and Wood — 58.

Those who voted in the negative, are,

Messrs. Archer, Bennett, Bradford, Brown of Sangamon, Canady, Charles, Cox, Drummond, Edwards, Emmerson, Froman, Gillespie, Minshall, Munsell, Phelps, Thornton, Webb, and Woodson — 18.

So the proposed amendment was decided by the House to be out of order.

And the question being on printing one thousand copies of the report,

It was decided in the affirmative by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bissell, Blackman, Bussy, Carpenter, Cavarly, Courtright, Crain, Denny, Dodge, Dollins, Dunlap, English, Hankins Hicks, Kelly, Kitchell, Laughlin, Leary, Lester, McClernand, McClurken, McDonald, McGinnis, Marshall, Murphy of Cook, Odam, Olds, Ormsbee, Parsons, Peck, Prentice, Ross, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 43.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Dougherty, Drum-mond, Edwards, Emmerson, Froman, Gillespie, Gridley, Henderson, Hull, Logan, McLean, Menard, Minshall, Moore, Munsell, Murphy of Perry, Oliver, Parkinson, Phelps, Phillips, Reynolds, Thornton, Troy, Waters, Webb, WeSt. and Woodson — 38.

Mr. Archer from the committee on State Roads, to which was referred a resolution; reported

"That the committee have had the subject under consideration, and have directed me to report a bill, giving the whole management, jurisdiction, and control of all roads as well State roads as county roads, to the commissioners' courts of the several counties, and recommend that when the same shall become a law, it shall be published in pamphlet form, and a copy furnished to each supervisor in the State. The Committee there-fore report a bill for "An act concerning public roads;" which,

On motion of Mr. English,

Was read the first and second time by its title, and referred to the committee of the Whole House, and made the special order of the day for 2 o'clock, tomorrow, P. M.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred a bill for "An act, to incorporate the Union Manufacturing Company;" reported the same back to the House with an amendment, which was concurred in, and the bill as amended,

Ordered to be en grossed.

Mr. Cavarly from the committee on the Judiciary, to which was refer-red the Senate bill for "An act in relation to pedlars;" reported the same back to the House with amendments to the report of the Finance Committee; which were read and concurred in, and the bill as amended was

Ordered to a third reading, by yeas and nays as follows:

180

Those who voted in the affirmative, are,

Messrs Archer, Bailey, Baldwin,Beall,Bennet,Brown of Sangamon,Brown of Vermilion, Bussy, Canady, Carpenter, Cavarly, Charles, Courtright, Cox,Denny, Dodge, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Eng lish, Froman, Gilliespie, Gridley, Hull,Kelly,Laughlin,Leary, Logan, Mc Clernand, McDonald, McLean, Moore, Munsell, Murphy of Perry, Odam, Olds, Parkinson, Peck, Phillips, Prentice, Reynolds, Ross, Thorton, Trumbull, Webb, WeSt. Wilson, and Woodson — 50.

Those who voted in the negative, are,

Messrs. Bentley, Bissell, Blackmail, Crain, Dollins, Hankins, Henderson, Hicks, Kitchell, Lester, McClurken, Marshal], Menard, Minshall, Murphy of Cook, Oliver, Ormsbee, Parsons, Phelps, Shepley, Turney, Waters, Wheeler, White, Wood, and Mr. Speaker — 26.

Mr. Webb moved that one thousand copies of the majority and minority reports from the, select committee in relation to the distribution of proceeds of sales of public lands be printed for the use of the House; which was agreed to by yeas and nays as follows;

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Baldwin, Barnett, Beall, Bennett,Bissell,Black man, Brown of Vermilion, Bussy, Canady, Carpenter, Cavarly, Courtright, Crain, Denny, Dodge, Dollins, Dougherty, Drummond, Dunlap, Edwards, Emmerson, English, Froman, Giliespie, Gridley, Hankins, Henderson, Hicks, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, Marshall, Minshall, Munsell, Murphy of Cook, Murphy of Ferry, Odam, Ormsbee, Peck, Phelps, Phillips, Prentice, Reynolds, Shepley, Thornton, Trumbull, Turney, Webb, Wilson, and Mr. Speaker — 58.

Those who voted in the negative, are,

Messrs. Bentley, Brown of Sangamon, Charles, Cox, Hull, McLean, Menard, Moore, Olds, Oliver, Parkinson, Parsons, Ross, Troy, Waters, WeSt. Wheeler, White, Woodson, and Wood — 20.

A message from the Senate, by Mr. Stapp, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed bills of the following titles, viz:

"An act to amend an act entitled An act to authorize Henry W. Cleveland, to build a bridge across the Winnebago swamp;" approved February 19,1839; and

"An act to amend an act, entitled An act, to incorporate the town of Carmi;" approved January 30, 1840.

In which they ask the concurrence of the House of Representatives.

They have also concurred with the House of Representatives in the passage of a bill for "An act to change the time of holding courts in the second judicial circuit."

They have refused to concur with the House of Representatives in their amendments to a resolution, having for its object the appointment of three persons to revise the laws of this State, &c.

Mr. Bissell from the committee on Education, to which was referred a bill for "An act to incorporate the Marion Academy, in Williamson county;" reported the same back to the House with an amendment, which was concurred in, and the bill as amended was

Ordered to be engrossed.

181

Mr. Peck from the committee on Finance to which was referred a resolution in relation to the Finances of the State; reported the same back to the House, and asked to be discharged from the further consideration of the same.

Which was not agreed to, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Beall, Bentley, Bissell, Blackman, Bussy, Carpenter, Courtright, Dodge, Dollins, Dougherty, English, Hull, Kelly, Laughlin, Logan, McClernand, McClurken, Marshall, Menard, Moore, Murphv of Perry, Olds, Oliver, Parsons, Peck, Prentice, Sheploy, Trum-bull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 36.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Bennett, Brown of Sangamon, Brown of Vermilion, Canady, Cavarly, Charles, Cox, Crain, Denny, Drummond, Ed-wards, Emmerson, Froman, Giliespie, Gridley, Henderson, Hicks, Kitchell Leary, Lester, McDonald, McLean, Minshall, Munsell, Odam, Ormsbee, Parkinson, Phelps, Phillips, Reynolds, Ross, Troy, Waters, Webb, WeSt. and Woodson — 38.

Mr. Cavarly from the committee on the Judiciary to which was referred a bill for "An act in relation to free negroes and mulattoes:" reported the same back to the House, and recommended its passage; whereupon, the bill was

Ordered to be engrossed.

Mr. Cavarly, also from the committee on the Judiciary, to which was referred a bill for "An act concerning roads;" reported the same back to the House, and moved its reference to the committee on State Roads; which was agreed to.

Mr. Cavarly, also from the committee on the Judiciary to which was referred the Senate bill for "An act to amend an act entitled An act concerning justices of the peace and constables;" approved February 3, 1827; reported the same back to the House, and recommended its rejection, and on

Ordering the bill to a third reading,

It was decided in the negative.

Mr. Peck from the committee on Finance, to which was referred the resolution in relation to the location of the Branch of Illinois Bank in the City of Springfield; reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Peck from the committee on Finance, to which was referred the petition of citizens of Dixon, in Lee county; reported the same back to the House , and moved its reference to the committee on Claims; which was agreed to.

Mr. Peck, also from the committee on Finance, to which was referred a certain resolution; reported a bill for "An act, to repeal so much of the militia law, as allows a compensation to Brigade Majors;" which was read the first time, and

Ordered to a second reading.

Mr. Peck, also from the committee on the Judiciary to which was referred the bill for "A" act to provide for the safe keeping and delivery of the public monies;" reported the same back to the House; when the bill was

182

Ordered to be engrossed.

Mr. Dodge, on leave, introduced a bill for "An act to provide for the reorganization of the probate courts;" when,

On motion,

The House adjourned until 2 o'clock, P. M.

TWO O'CLOCK, P. M.

House met pursuant to adjournment.

On motion of Mr. Dodge,

The rules of the House were dispensed with, and the bill for "An act to provide for the reorganization of the probate courts;" was taken up for consideration, and read the first time and the second time by its title, and referred to the committee on the Judiciary.

A message from the Senate, by Mr. Stapp, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have adopted the following resolution, to wit:

"Resolved by the Senate and House of Representatives, That the two Houses of the General Assembly will meet in the Hall of the House of Representatives at 4 o'clock, P. M., the 9th of January, 1841, for the purpose of electing one Fund Commissioner."

In the passage of which they ask the concurrence of the House of Representatives.

House bill for "An act to vacate town plats;" Was read the second time and

Ordered to be engrossed.

House bill for "An act to extend the provisions of an act entitled An act, to provide for the dedication of lots in towns, situated on canal lands to public purposes;" approved February 28, 1839; was read the second time, and

Ordered to be engrossed.

House bill for "An act to establish a ferry across the Illinois river;" was read the second time, and

On motion of Mr. Phelps,

Referred to the committee on State Roads.

House bill for "An act to authorize Samuel M. Bowman to build a dam across Rock river, and for other purposes therein named;" was read the second time, and

Referred to the committee on Internal Improvements.

House, bill for "An act to authorize limited partnerships;" was read the second time, by its title, and

Referred to the committee on the Judiciary.

Engrossed bill for "An act to change the name of a person therein named;" was read the third time, and

On motion of Mr. Parkinson,

Amended by inserting "E." after "Mary," and passed as amended.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

183

Engrossed bills of the following titles were severally read the third time and passes, to wit:

"An act to incorporate the Pisgah Academy;"

"An act to authorize the county commissioners of Christian county to borrow money;"

"An act extending the duties of notaries public;"

"An act to legalize the acts of commissioners of Jasper county;"

"An act to provide for reviewing certain State Roads."

Ordered That the titles be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Engrossed bill for "An act to vacate the plat of the town of Shrewsbury;" was read the third time, and

On motion of Mr. Cavarly,

Laid on the table.

Engrossed bill for "An act, for the relief of the creditors of the late William Wernwag;" was read the time, and

On motion of Mr. Francis,

Referred to a select committee.

Ordered, That Messrs. Francis, Darnielle, and Troy be said committee.

Engrossed bill for "An act, for the relief of the heirs of Daniel Barrow, deceased;" was read the third time, and the question being on its passage,

It was decided in the negative by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bissell, Courtright, Crain, Dodge, Dollins, Emmerson, Gridley, Kelly, Laughlin, Logan, McLean, Menard, Murphy of Perry, Oliver, Parsons, Reynolds, Waters, Wood, and Mr. Speaker — 19.

Those voting in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Cavarly, Charles, Cox, Cunnigham, Darnielle, Denny, Dougherty, Drummond, Edwards, English, Francis, Froman, Hankins, Henderson, Hicks, Hull, Kitchell, Lester, McClernand, McClurken, McDonald, McGinuis, Marshall, Minshall, Moore, Munsell, Murphy of Cook, Odam, Olds, Parkinson, Peck, Phelps, Phillips, Prentice, Ross, Shepley, Threlkeld, Troy, Trumbull, Turney, Webb, WeSt. Wheeler, White, Wilson, and Woodson — 56.

Engrossed bill for "An act to incorporate the town of Galesburg;" was read the third time, and lost by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Baldwin, Beall, Charles, Cunningham, Denny, Francis, Gillespie, Gridley, Hull, Leary, Logan, McGinnis, McLean, Me-nard, Minshall, Odam, Olds, Phelps, Ross, Thornton, Webb, Wood — 34.

Those who voted in the negative, are,

Messrs. Bently, Bissel, Blackman, Bradford, Crown of Vermilion, Brown of Sangamon, Bussy, Canady, Cavarly, Courtright, Cox, Crain, Dodge, Dollins, Dougherty, Dunlap, Edwards, Emmerson, English, Froman, Hankins, Henderson, Hicks, Kelly, Kitchell, Laughlin, Lester, Mc-Clernand, McClurken, McDonald, Marshall, Moore, Munsell, Murphy of Perry, Oliver, Ormsbee, Parkinson, Parsons, Phillips, Prentice, Reynolds, Shepley, Threlkeld, Troy, Trumbull, Turney, Waters, WeSt. Wheeler, White, Wilson, Woodson, and Mr. Speaker — 53.

184

On motion of Mr. Henderson,

The House reconsidered its vote just taken on the passage of the bill.

Mr. Dodge demanded a call of the House; which having continued for a short time.

On motion of Mr. Logan,

Further proceedings under the call were dispensed with.

And the question recurring on the passage of the bill,

It was decided in the negative by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Baldwin, Beall, Bennett, Bradford, Brown of Vermilion, Bussy, Charles, Cunningham, Denny, Dodge, Dougherty, Drummond, Francis, Gillespie, Gridley, Henderson, Hull, Kelly, Leary, Logan, McClernand, MeGinnis, McLean, Menard, Minshall, Munsell, Odam, Parkinson, Peck, Phelps, Ross, Thornton, Troy, Waters, Webb, White, Woodson, Wood, and Mr. Speaker — 41.

Those who voted in the negative, are,

Messrs. Barnett, Bentley, Bissell, Blackman, Brown of Sangamon, Canady, Carpenter, Cavarly, Courtright, Cox, Crain, Darnielle, Dollins, Dunlap, Edwards, Emmerson, English, Froman, Hankins, Hicks, Kitch ell, Laughlin, Lester, McClurken, McDonald, Marshall, Moore, Murphy of Perry, Olds, Oliver, Ormsbee, Parsons, Phillips, Prentice, Reynolds Shepley, Threlkeld, Trumbull,Turney, WeSt. Wheeler, and Wilson-42.

Engrossed bill for "An act, for the benefit of the persons therein named;" was read the third time, and

On motion of Mr. Dougherty,

Referred to the committee on the Judiciary; when,

On motion,

The House adjourned.

Tuesday, January 5, 1841.

House met pursuant to adjournment.

On motion of Mr. Threlkeld,

The vote of yesterday on the passage of the bill for "An act to incorporate the town of Galesburg, in Knox county," was reconsidered;

And the question being on the passage of the same,

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Charles, Courtright, Cunningham, Denny, Dodge, Dougherty, Drummond, Dunlap, Emmerson, English,Francis, Froman, Gillespie, Gridley, Henderson, Kelly, Laughlin, Leary, Lin coln, Logan, McClernand, MeGinnis, McLean, Menard, Minshall, Mun sell, Murphy of Cook, Odam, Parkinson, Peck, Phelps, Phillips, Reynolds, Ross, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. White, Wood son, and Wood — 52.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Carpenter, Cav arly, Cox, Grain, Darnielle, Dollins, Edwards, Hankins, Hicks, Hull, Kitchell, Lester, McClurken, McDonald, Moore, Murphy of Perry, Olds

185

Oliver, Ormsbee Prentice, Shepley, Trumbull, Turney, Wheeler, Wilson, and Mr. Speaker — 31.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Mr. WeSt. on leave, offered for adoption the following:

"Whereas,The commissioners' court of Cass county has neglected to appoint any person to take the census of said county for the State; therefore.

"Resolved by the House of Representatives the Senate, concurring herein, That the census taken for the United States in said county of Cass, be taken and considered as the census for said county;" which was agreed to.

Mr. Bennett presented the petition of citizens of Menard and Tazewell counties: which, without reading, on his motion, was referred to the committee on Counties.

Mr. Dodge presented the petition of Freeman Mills, and others, for a ferry across the Illinois river; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Dodge, Peck, and Menard be said committee.

A message from the Senate, by Mr. Mapp, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have adopted the following resolutions, to wit:

Resolved by the Senate, the House of Representatives concurring herein, That the ratio for apportioning the representation of this State, according to the late census shall be twelve thousand inhabitants for each Senator, and five thousand for each Representative.

Resolved, That the joint select committee appointed to prepare and report a bill apportioning the representation to the several counties, adopt this number as the basis upon which to predicate their bill; and that the committee be instructed not to report a larger number of members in either House than that indicated by the ratio proposed in this resolution.

In the passage of which resolution they ask the concurrence of the House of Representatives.

They have also concurred with the House in their amendments to a resolution haying for its object the raising of a joint select committee to fix the apportionment of representation in the Legislature of this State, and have appointed Messrs. Baker, Wood, Davidson, Hacker, Ross, Pcarson, Richardson, Harrison, and Stadden, the committee on the part of the Senate.

A messge from the Governor, by Mr. Douglass, Secretary of State:

Mr. Speaker: I am directed by the Governor to lay before the House of Representatives a written communication.

Mr. Crain, from the committee on Enrolled Bills, reported as correctly engrossed bills of the following titles:

"An act to incorporate the Union Manufacturing Company;" "An act to provide for the safe-keeping and delivery of the public money."

Mr. Gridley presented the petition of sundry citizens of McLean and Tazewell counties; which, without reading, on his motion was referred to the committee on Counties.

Mr. Prentice presented the petition of citizens of Shelby county; which was read, and on his motion, referred to the committee on the Judiciary.

186

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred the bill for "An act incorporating the Chicago and LaSalle Railroad Company," reported the same back to the House, and recommended its rejection;

And the question being on ordering the bill to be engrossed,

It was decided in the negative.

Mr. Edwards, from the committee on Internal Improvements, to which was referred the bill for "An act to authorize Samuel M. Bowman to build a dam across Rock river, and for other purposes therein named;" reported the same back to the House, with an amendment; which was read and concurred in, and the bill as amended,

Ordered to be engrossed.

Mr. Cavarly, from the committee on the Judiciary, to which was refer red the bill for "An act to enable the Sheriff of Gallatin county, to convey a certain tract of land therein nauied, to Stephen Chambers, not with standing the loss of the execution, judgment, &c. in said case," reported the same back to the House with an amendment as a substitute for the origi nal bill; which was read and concurred in, and the bill

Ordered to be engrossed.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred the petition of citizens of Hampton. Island county, requesting the plat to be vacated, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred communications from the State Bank of Illinois and Bank of Illinois, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Trumbull, from the committee on the Judiciary, to which was referred the bill for "An act to repeal an act entitled, An act making an appropriation for a library for the use of the Legislature, and Supreme Court, and also to repeal a bill allowing a premium on wolf scalps," reported the same back to the House, with an amendment, which was and,

On motion of Mr. Brown of Sangamon,

Amended by inserting the word "regular," before "session ;" and the re port as amended, was concurred in, and the bill was ordered to be read a third time.

Mr. Carpenter, from the committee on Counties, to which was referred the petitions of De Witt and Macon counties, praying for a new county, reported a bill for "An act for the formation of the county of Piatt;" which was read the first time, and

Ordered to a second reading.

Mr. Carpenter, from the committee on Counties, to which was referred a resolution in relation to Alms Houses, "report that they have had the same under consideration, and by examination of the existing laws of this State, they find the county courts have all the power contemplated by the resolution, and therefore ask to be discharged from the further consideration of the subject;" which report was concurred in, and the committee discharged from the further consideration of the subject.

Mr. Cavarly, from the committee on the Judiciary, to which was

187

referred the engrossed bill for "An act for the benefit of the persons therein named;" reported the same back to the House with an amendment as a substitute for the original bill; which was read and concurred in, and the bill

Ordered to be read the third time.

Mr. Murphy of Perry, from the committee on Education, to which was referred a petition in relation to a certain 16th section in Schuyler county, reported the same back to the Hoase, and were discharged from the further consideration of the same.

Mr. Murphy of Perry, from the committee on Education, to which was referred the petition of sundry citizens of Schuyler county, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Trumbull, from the committee on the Judiciary, to which was referred the bill for "An act providing for an issue term of the circuit courts," reported the same back to the House with amendments; which were read and concurred in.

Mr. Leary moved to amend the bill by striking out the following clause, "and to take inquests and perfect judgments, in all cases founded upon contracts, whether express or implied, where the defendant shall not file with his plea, an affidavit made by himself, or in his absence, by his agent, or attorney, that he has a good and substantial defence on the merits of such cause, as he verily believes to be true;" when,

On motion,

The House adjourned to 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Minshall moved to dispense with the rule of the House to enable him to introduce the following resolution:

Resolved, That a joint select committee of three on the part of the House, and two on the part of the Senate, be appointed to draft a memorial to Congress praying the passage of a law authorizing the inhabitants of townships of land appropriated to the use of schools and seminary purposes when the same or any of the subdivisions thereof shall be wholly use-less or greatly lessened in value by reason of inundation -or other causes, to locate other lands belonging to the United States, and not otherwise appropriated, in lieu thereof; which was agreed to.

Ordered, That Messrs. Minshall, WeSt. and Reynolds be said committee, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

A message from the Senate, by Mr. Stapp, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have passed bills of the following titles, viz:

"An act to provide for the safe keeping and disbursement of the public revenue;"

"An act making appropriation for work done upon the State House, materials furnished;"

"An act to amend several laws to provide for the distribution of the interest on the school, college, and seminary fund."

188

In the passage of which they ask the concurrence of the House of Representatives.

Engrossed bill for "An act to provide for the safe-keeping and disbursing the public monies," was taken up for consideration.

Mr. Peck demanded a call of the House.

Pending the call of the House, the engrossed bill for "An act to incorporate the Union Manufacturing Company," was read the third time and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

The Door-keeper having reported, the House resumed the consideration of the bill to provide for the safe-keeping and delivery of the public money.

Mr. Charles moved to amend the 2d section of the bill by adding the following:

"Provided, That the Treasurer shall pay to the Bank the amount money now due to it by the State, for advances made to sustain the credit of the same;" which,

On motion of Mr. Kitchell,

Was laid on the table, by yeas and nays', as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpen ter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, DanIap English, Hankins, Hicks, Kelly, Kitchell, Laughlin, Leary, Lestcr,Logan, McClernand, McClurken, McDonald, McGinnis, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck Prentice, Ross, Shepley, Trumbull, Turney, Wheeler, White, Wilson Woodson, Wood and Mr. Speaker — 48.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Den ny, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Grid ley, Henderson, Hull, Menard, Marshall, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, and West — 38.

Mr. Webb moved to amend the bill by striking out the second section; which,

On motion of Mr. Murphy of Cook,

Was laid on the table by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Bussy, Carpen ter, Cavarly, Courtright, Crain, Dode, Dollins, English, Hankins, Hicks, Hull, Kelly, Kitchell, Laughlin, Leary, Lester,Logan, McClernand, Mc Clurken, McDonald,McGinnis,Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker-45.

Those who voted in the negative, are

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Den ny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Gil lespie, Gridley, Henderson, Menard, Minshall, Munsell, Parkinson

189

Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy,Waters, Webb, and Woodson-35.

Mr. Gillespie moved to amend the bill by adding the following as an additional section:

"That if the Treasurer of the State, or any other officer or person having the custody and charge of the public money of this State, shall be guilty of appropriating the same to his or their own use, or the use of said corporation, without being able to refund the same, or shall, upon settlement, be found to be in area, without lawful excuse for the same, the said officer, or person, on or persons, shall be liable to be indicted in the proper county, and upon conviction thereof, shall be sentenced to confinement in the penitentiary for a term not less than five years, and may be for a period during his natural life."

Mr. Murphy of Cook moved to amend the amendment by inserting after the word "persons," in the ninth line, the words, "or the officers of any corporate body."

Mr. Ross moved to refer the bill and proposed amendments to the committee on Banks and other Corporations; which,

On motion of Mr. Parson,

Was laid on the table,

And the amendment to the amendment was agreed to.

Mr. Henderson moved to amend the amendment by adding the following section;

SEC. 3d. That hereafter the revenue of this State shall be collected in gold and silver only, and be disbursed by the collecting officers, which,

On motion of Mr. Murphy of Perry,

Was laid on the table, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bennett, Bentley, Bissell, Blackman, Bradford, Brown of Sangamon, Carpenter, Cavarly, Courtright, Cox, Crain, Dodge, Dollins, Dunlap, English, Hanldns, Hicks, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, Minshail, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Orms-bee, Parkinson, Parsons, Peck, Prentice, Ross, Shepley, Threlkeld, Trumbull, Turney, Waters, WeSt. Wheeler, Wilson, Woodson, and Mr. Speaker-51.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Brown of Vermilion, Bussy, Canady, Charles, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, McClernand, Menard, Phelps, Phillips, Reynolds, Troy, Webb, White, and Wood — 31.

Mr. Kitchell moved to amend the amendment, by striking out all after the word "that" and inserting as follows:

"If any bank or other corporate institution in this State, or any agent of the State, or other person, whomsoever, who may now have, or hereafter may have, the care or custody of any public money or other property of this State shall illegally use, embezzle, or retain the same, all officers of such institutions, or other persons, or any agent or officer of the State, who may in any other manner advise, aid, abet, or conceal the same. shall be

190

liable to indictment, and on conviction, be confined in the penitentiary for a term not less than five, nor more than ten years;" which was agreed to,

And the amendment as amended was agreed to, and the bill

Ordered to be engrossed for a third reading.

Mr. White, on leave, introduced a bill for "An act to legalize the county seat of Logan county;" which was read the first time, and the second time by its title, and,

On motion of Mr. White,

Referred to a select committee.

Ordered, That Messrs. White, Prentice, and Darnielle be said committee.

Mr. Hardin, on leave, presented the remonstrance of sundry citizens of Morgan county against the division of said county; which, without reading, on his motion, was referred to the committee on Counties; without read

On motion,

The House adjourned.

Wednesday, January 6, 1841.

The House met pursuant to adjournment.

A message from the Governor, by Mr. Douglass, Secretary of State.

Mr. Speaker: I am directed by the Governor to lay before the House of Representatives a written communication.

Mr. Henderson presented the petition of sundry citizens of Peoria and Tazewell counties, for a ferry across the Illinois river; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Phelps presented the petition of citizens of Peoria and Tazewell counties for a ferry across the Illinois river; which was read, and on his motion, referred to the committee on State Roads.

Mr. Ormsbee presented the petition of sundry citizens of Scott county, for a change in Scott county lines; which was read, and on his motion, referred to the committee on Counties.

Mr. Cunningham presented the petition of sundry citizens of Coles county, for a change in a State road; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Cunningham, Denny, and Baldwin be said committee.

Mr. Gridley presented the remonstrance of sundry citizens of McLean and Tazewell counties, against a division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Leary presented the remonstrance of sundry citizens of Witt county, against the division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Charles, on leave, offered for adoption the following resolution:

"Resolved, That the Secretary of State he required to procure as speedily as may be, two copies of Peck and Messenger's map of the State of Illinois, with the boundaries of all the counties marked thereon to be placed in the Representatives Hall for the use of the members; which was agreed to. The bill for "An act providing for an issue term of the circuit courts,"

191

coming up for consideration, and after discussion had thereon, the bill and proposed amendment thereto.

On motion of Mr. Bentley,

Were laid on the table by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Barnett, Beall, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Bussy, Canady, Charles, Courtright, Cunningham, Denny, Dodge, Dollins,Emmerson, English, Francis, Froman, Gridley, Hankins, Hicks, Kelly, Laughlin, Leary, Lester, Logan, McClernand, McDonald, McLean, Marshall, Menard, Minshall, Munsell, Murphy of Cook, Murphy of Perry, Olds, Ormsbee, Parsons, Peck, Phillips, Prentice, Scott, Thornton,Threlkeld, Waters, WeSt. Wheeler, White, Wood, and Mr. Speaker. — 51

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Bissell, Blackman, Carpenter, Cavarly, Cox, Crain, Darnielle, Dougherty, Drummond, Dunlap, Edwards, Gillespie, Hardin, Henderson, Hull, Kitchell, Lincoln, McClurken, McGinnis, Moore, Oliver, Parkinson, Phelps, Reynolds, Ross, Troy, Trum — bull, Turney, Webb, Wilson, and Woodson — 34.

Mr. Leary from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following titles, to wit:

"An act to incorporate the Marion Academy in Williamson county;"

"An act to extend the provisions of an act entitled An act, to provide for the dedication of lots in towns situated on canal lands to public purposes," approved February 28, 1839;

"An act in relation to free negroes and mulattoes;"

"An act to vacate town plats."

Mr. Ormsbee from the committee on Public Accounts and Expenditures, to which was referred the reports of the State House Commissioners; reported the same lack to the House with the following resolutions, which were read and concurred in, to wit;

"Resolved, That the committee on public accounts and expenditures be discharged from the further consideration of the reports of the State House Commissioners, and that the same be referred to the committee on public buildings and grounds."

"Resolved further, That the committee on public buildings and grounds be insstructed (with power to examine witnesses on oath, and to send for persons and papers) to thoroughly investigate the official conduct of said Commisioners, to audit, adjuSt. and settle all their accounts made in conformity to law, on account of the public building, and to arrange a statement of the same, together with a statement of all other acts and doings of said Commisioners and report the same as early as possible to this House."

Mr. Kitchell from the committee on the Judiciary, to which was referred the bill for "An act, to provide for draining mill dams on Mackinaw creek;" reported the same back to the House with an amendment; which was read and concurred in; and the bill was

Ordered to be engrossed.

Mr. Drummond from the committee on the Judiciary, to which was referred the bill for "An act concerning the town of Belvidere;" reported the

192

same back to the House with an amendment, as a substitute for the original bill, which was read and concurred in; and the bill was

Ordered to be engrossed.

Mr. Gillespie from the committee on the Penitentiary, to which was referred the report of the Inspectors of the Penitentiary; made a report and introduced a bill for "An act in relation to Penitentiary;" which was read the first time and second time by its title, and together with the report, laid on the table, and 150 copies thereof, ordered to be printed.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred a bill for "An act to amend an act, entitled An act, in relation to the State Bank of Illinois;" approved January 31, 1840; reported the same back to the House without amendment, and the bill was

Ordered to be engrossed.

Mr. Drummond from the committee on the Judiciary, to which was referred the petition of Robert Ritchey, for a divorce; reported the same back to the House, and was discharged from the further consideration of the same,

Mr. Archer from the committee on State roads, to which was referred sundry bills and petitions; reported the same back to the House with a bill for "An act to locate, alter, and relocate certain State roads:" which was read the first time, and the second time by its title, and

On motion of Mr. Leary,

Amended by adding the following to the end of the first section, "On the first day of February, or as soon thereafter as practicable; and said counties and Lake, or either of them shall not be liable for any expense attending the survey and location of said roads, which roads shall be four rods wide; and

On motion of Mr. Carpenter,

Referred to a select committee.

Ordered, That Messrs. Carpenter, Leary, and Olds be said committee; when,

On motion,

The House adjourned to 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

The Speaker laid before the House a communication from the Cashier of the Bank of Illinois; which was read and laid on the table.

Also, a communication from the President of the State Bank of Illinois; which was read and laid on the table.

Also, a communication from J. Delafield, of the City of New York; which was read, and

On motion of Mr. Murphy of Cook,

Referred to the committee on Finance.

Also, a communication from the State Treasurer, in answer to a call of the House for information in relation to the internal improvement system; which was read in part, and

193

Mr. Murphy of Cook moved to dispense with the further reading there of, and that the communication be laid on the table, and 150 copies thereof printed for the use of the House.

Mr. Hardin called for a division of the question; and the motion to lay on the table, was agreed to, and the motion to print was rejected.

Also, a communication from the Auditor of Public Accounts; which was read, and

On motion of Mr. Ormsbee,

Laid on the table, and one hundred and fifty copies thereof ordered to be printed.

Also a communication from the Governor, enclosing a copy of a letter from Samuel Allinson of London, in relation to the failure of Wright and Co; which was read, and

On motion of Mr.Turney,

Referred to the committee on Finance.

Also a communication from the Governor, enclosing a communication and memorial from the Governor of Iowa, in relation to the improvement of the navigation of the Mississippi river; which being read,

On motion of Mr. Charles,

Was referred to the committee on Internal Improvements, with the following instructions:

"To report a memorial to Congress, praying an appropriation for continuing the work for the improvement of the navigation of the Rapids on the Upper Mississippi river."

Senate bill for "An act to amend the several laws to provide for the distribution of the interest on the School, College and Seminary Fund;" was read the first time, and

The rules of the House being dispensed with, the same was read the second and third times by its title, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof.

Senate resolutions in relation to apportionment of Representation; were read, and

On motion of Mr. English,

Committed to the committee of the Whole House, and made the special order of the day for tomorrow.

House resolutions in relation to power of Fund Commissioner to appoint on agent, with the Senate amendments thereto, were taken up, and the Senate amendments were read and concurred in.

Ordered, That the Clerk inform the Senate thereof.

The Senate having concurred with the House in their amendments to the Senate resolution for the appointment of a joint select committee, of one on the part of the Senate, and two on the part of the House of Representatives from each judicial circuit, to fix the apportionment of Representation in the Legislature of this State, and having appointed Messrs. Baker, Wood, Davidson, Hacker, Ross, Pearson, Richardson, Harrison and Stadden, the committee on the part of the Senate.

The Speaker announced the following as the committee on the part of the House of Representatives.

Messrs. McClernand, Peck, Hardin, Dougherty, Bissell, Olds, Henderson,

194

Dodge, Drummond, Courtright, Gridley, Thornton, Wilson, Bussey, White, Hankins, Ross, and Charles.

Senate bill for "An act to provide for the safe keeping and disbursement of the public revenue;" was read the first rime, and

Ordered to a second reading.

Mr. Cram from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following titles, to wit:

"An act for the benefit of the persons therein named,"

"An act to authorize Samuel M. Bowman to build a dam across Rock river, and for other purposes therein named;"

"An act to provide for the safe keeping and delivery of the public monies."

On motion of Mr. English,

The House now resolved itself into committee of the Whole House, on the bill for "An act concerning public roads;" and after some time spent therein, the committee rose, and through their chairman, Mr. Trumbull reported progress, and asked leave to sit again; which was not granted when,

On motion of Mr. Logan,

The bill was laid on the table, and one hundred and fifty copies there of, ordered to be printed for the use of the House.

Engrossed bill for "An act to provide for the safe keeping and delivery of the public monies;" was read the third time, and on the passage of the bill, it was rejected by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Black-man, Carpenter, Court right, Grain, Dodge, Dollins, Dunlap, English, Hicks, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McDonald, MeGinnis, Marshall, Menard, Moore, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Shepley, Trumbull, Turney, Wheeler, White, Wilson, and Wood — 41.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sanganmon, Brown of Vermilion, Busey, Canady, Cavarly, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Henderson, Hull, Lincoln, McLean, Mar shall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. Woodson, and Mr. Speaker — 41.

Engrossed bill for "An act for the benefit of the persons therein named;" was read the third lime and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

On motion of Mr. Dollins,

The rules of the House were dispensed with, in order to receive reports from select committees.

Mr. Dollins from the select committee to which was referred a bill for "An act to prevent the unlawful driving away of cattle and other stock by drovers and others;" reported the same back to the House with amendments; which were read and concurred in, and the bill as amended

Ordered to be re-engrossed.

195

Mr. Laughlin from the select committee to which was referred a bill for "An act, to authorize the removal of the seat of justice of Adams county;" reported the same back to the House without amendment; when the bill was

Ordered to a third reading.

Mr. Carpenter from the select committee to which was referred a bill for "An act to locate, alter, and relocate certain State roads;" reported the same back to the House with amendments, which were read and concurred in and the bill as amended, was

Ordered to be engrossed for a third reading.

Mr. Beall from the select committee to which was referred a petition of T. S. Hinds of Wabash county; reported a bill for "An act to establish certain ferries therein named;" which was read the first time, and

Ordered to a second reading.

Mr. Dougherty from the select committee to which was referred a bill for "An act, to repeal all acts authorizing the prosecution of the internal improvement system;" reported the same back to the House with amendments; and the question being on concurring with the committee in their amendments.

Mr. Olds moved to lay the bill and proposed amendments on the table; when,

On motion of Mr. Webb,

The House adjourned.

Thursday, January 7, 1841.

House met pursuant to adjournment.

Mr. Marshall presented the petition of sundry citizens of Marion county; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Marshall, Dougherty, and Scott be said committee.

Mr. McClernand presented the petition of citizens of Gallatin and other counties; which, without reading, on his motion, was referred, to the committee on Canals and Canal Lands.

Mr. Bennett presented the petition of citizens of Menard county, in relation to a division of a sum of money therein named: which was read, and on his motion, referred to a select committee.

Ordered, That Messrs. Bennett, WeSt. and Parkinson be said committee.

Mr. English presented the petition of Elizabeth Hart; which was read, and on his motion, referred to a select committee.

Ordered, That Messrs. English, Cavarly, and Hardin be said committee.

Mr. Hull presented the petition of sundry citizens of Tazewell county praying for a law securing the right of trial by jury, in all cases where liberty is concerned, and the repeal of ail laws inconsistent with such trial; which was read, and on his motion, was referred to the committee on the Judiciary.

Mr. Prentice presented the petition of citizens of Shelbyville, Shelby county; which was read, and on his motion, referred to the committee on the Judiciary.

196

The hill for "An act repealing all acts authorizing a prosecution of the internal improvement system," coming up for consideration, the question being on concurring with the report of the select committee,

Mr. Munsell moved to amend the report of the select committee, by striking out all after the word "that," and insert as follows:

"That so much of the act entitled "An act to establish and maintain a general system of internal improvements," approved Feb. 27, 1837, and all acts amendatory or supplemental thereto, as provides for carrying out a system of internal improvements, by constructing railroads, turnpikes, or other roads, and improvements on rivers or other streams in the State of Illinois, be, and the same are hereby repealed: Provided always. That nothing in this section shall be so construed as to imply any surrender on the part of the State, of any right which the State may have acquired, as to the right of way on any of the railways, turnpikes or other roads, and improvements on any rivers or other streams, whether such right of way shall have been obtained by cession, purchase, condemnation of the ground or otherwise: And provided, also, That the State reserves to herself the entire and ex elusive control of all ground so obtained, for railroad or other purposes above specified, and all rights acquired on rivers or streams, and all the improvements made thereon, under the direction of the State, or her officers, such as excavations, embankments, bridges, depots, culverts, on roads or canals, dams or locks on rivers and streams, with the further right of hereafter going on to complete all or any part of said contemplated improvements, or of selling, leasing, or otherwise disposing of them, to any company or companies, for the purpose of their completion; and the State receiving the proceeds of such sales, liens, or other disposition of them according to the tenor of her contract with said company or companies, in as full and ample a manner as she could have done, previous to the repeal of the several laws recited in the fore part of this section."

And before the vote was taken on said proposed amendments,

On motion of Mr. Munsell,

The bill and proposed amendments were committed to the committee of the Whole House, and made the special order of the day for to-morrow.

Mr. Hardin moved to take up for consideration the bill for "An act pro viding for an issue term of the circuit courts;" which was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Barnett, Blackman, Bradford, Brown of Sangamon, Cavarly, Cox, Cunningham,Darnielle, Denny, Dougherty, Drum mond, Dunlap, Edwards, Emmerson, Froman, Gillespie, Gridley,Hardin, Henderson, Hull, Kitchell, Lincoln, Logan, McClurken, McGinnis, Moore, Munsell, Odam, Oliver, Parkinson, Phelps, Phillips, Ross, Thorn ton, Threlkeld, Troy, Trumbull, Waters, Webb, White, and Woodson — 43.

Those who voted in the negative, are,

Messrs. Beall, Bentley, Busey, Canady, Carpenter, Charles, Courtright, Crain, Dodge, Dollins, English,Francis, Hankins, Hicks, Kelly, Laughlin, Leary, Lester, McClernand, McDonald, McLean, Marshall, Menard, Minshall, Murphy of Cook, Murphy of Perry, Olds, Ormsbee, Parsons, Peck, Prentice, Reynolds, Scott, Shepley, Turney, WeSt. Wheeler, Wilson, Wood, and Mr. Speaker — 40.

And on the further motion of Mr. Hardin, the same was referred to a select committee of five.

197

Ordered, That Messrs. Hardin, Leary, Edwards, Hicks, and Crain be said committee.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted the following resolution, viz:

Resolved by the General Assembly of Illinois, That our Senators in Congress be instructed, and our Representatives respectfully requested, to use their utmost exertions to procure the passage of a law providing for the redemption of all sums of continental paper which may at present be in the hands of revolutionary soldiers, their wives, or heirs, and which was received from Government, for services rendered during the war of the revolution.

Resolved, That His Excellency, the Governor transmit a copy of the above resolution to each of our Senators and Representatives in Congress.

In the passage of which they ask the concurrence of the House of Representatives.

They have concurred with the House of Representatives in the passage of a resolution having for its object the raising of a joint select committee to draft and prepare a memorial to Congress, praying an alteration in the and laws so as to enable the actual settler to enter and purchase of the General Government, without restriction in number, forty acre tracts, &c.

And that they have appointed Messrs. Snyder and Little the committee on the part of the Senate.

Mr. Ormsbee, from the committee on Public Accounts and Expenditures, to which was referred a resolution of instruction to enquire into the expediency of abolishing the present system of public printing, and letting out printing to the lowest bidder, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Ormsbee, from the committee on Public Accounts and Expenditures, reported for adoption the following resolution:

"Resolved by the House of Representatives, That a committee of five be appointed to investigate all the accounts of the late Board of Public Works, it the same have been made by the authority of law, and are accompanied by vouchers proving the justness and correctness thereof; and that said committee, or either of them, have power to examine on oath, the Commissioners of said Board of Public Works, as well as other witnesses it they should deem it proper; also, to send for papers and persons, to do all other things necessary to a complete and proper report of the manner in which the duties of said Board have been performed in relation to the accounts thereof, and a clear statement of the condition of the accounts of each and every one of said commissioners, and the said committee required to report to the present session of the Legislature."

Mr. Ormsbee moved to amend said resolution by striking out the words "audit, adjuSt. and settle," and insert "investigate."

Mr. Charles moved to lay the resolution and proposed amendment on the table till the 4th of July next.

Mr. Hardin moved to amend by striking out all of the resolution after the word "resolved," and insert the following:

"By the House of Representatives, the Senate concurring herein, That the joint select committee heretofore appointed to investigate the accounts of the late Board of Public Works, be, and they are hereby authorized to

198

send for persons and papers in order to enable said committee to make a full and thorough examination of the official conduct of said Board."

Mr. Cavarly moved to lay the proposed amendment on the table; which was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpen ter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Drummond, Dunlap, English, Hankins, Hicks, Kelly, Kitchell, Laughlin, Leary, les ter, Logan, McClernand, McClurken, McDonald, McGinnis, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Phelps, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 51.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon Brown of Sangamon, Canady, Charles, Cox, Cunningham, Darnielle Denny, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin Henderson, Menard, Minshall, Munsell, Parkinson, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 34,

Mr. Shepley demanded the previous question; which was sustained.

And the question being on the amendment proposed by Mr. Ormsbee, It was agreed to;

Which the resolution as amended was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Baldwin, Barnett, Beall, Bentley, Bissell, Blackman, Brown of Sangamon, Busey, Carpenter, Cavarly, Courtrght, Cox, Crain, Darnielle, Dodge, Dollins, Dougherty, Drummond, Dunlap, English, Hankins, Hicks, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, Mr.Ginnis, McLean, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons,Peck,Phelps, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, White, Wilson,Wood, and Mr. Speaker — 59.

Those who voted in the negative, are,

Messrs. Bennett, Bradford, Brown of Vermilion, Canady, Charles Cunningham, Denny, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Menard, Minshall, Munsell, Parking Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. and Wood son — 37.

Ordered, That Messrs. Ormsbse, Henderson, Cavarly, Murphy of Cook, and Minshall be the committee under said resolution.

Mr. Leary, from the committee on Enrolled Bills, reported; "the committee on Enrolled Bills have this day laid before the Council of Revision a bill of the following title: An act to authorize the erection of a bridge across Saline river."

On motion of Mr. English,

The vote of yesterday, refusing to print the report of the Treasurer on the internal improvement system was re-considered.

And the House ordered the printing of 150 copies of said report; when

On motion,

The House adjourned until 2 o'clock, P. M.

199

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Edwards, on leave, offered for adoption the following:

"Resolved, That the Treasurer be requested to make out and lay before this House at as early a day as practicable, a statement of the amount of money expended by the late Board of Public Works, at Quincy, at Peoria, and at Peru; whether in making wharves, or grading, or improving streets, or otherwise;" which was agreed to.

On motion of Mr. Reynolds,

The Senate resolution in relation to the Cumberland road, was taken up from the table, for consideration, and

Mr. Gillespie demanded a call of the House; and pending the call of the House,

Mr. Bentley, on leave, introduced a bill for "An act to extend the limits of Bond county;" which was read the first time, and the second time by its title, and referred to the committee on Counties.

Mr. Dodge, on leave, introduced a bill for "An act to authorize Lester Barker, Alanson House, and their associates to build a mill dam across Fox river;" which was read the first time, and the second time by its title, and referred to the committee on Banks and other Corporations.

Mr. Dodge, on leave, introduced a bill for "An act to incorporate a Medical College, to be located in the town of St. Charles, or Clinton, in Kane county, by a vote of the Trustees;" which was read the first time, and the second time by its title, and referred to the committee on Banks and other Corporations.

Mr. Threlkeld, on leave, introduced a bill for "An act for the benefit of George M. Hanson;" which was read the first time, and the second time by its title, and,

On motion of Mr. Turney,

Referred to a select committee of five.

Ordered, That Messrs. Turney, Threlkeld, Archer, Wilson, and Kelly be said committee.

Mr. Carpenter, on leave, from the committee on Counties, to which was referred the petition of sundry citizens of Cass and Morgan counties, re-ported a bill for "An act to extend the boundaries of Cass county;" which was read the first time, and

Ordered to a second reading.

Mr. Cavarly, on leave, introduced a bill for "An act authorizing the Governor to make a deed;" which was read, the first time, and the second time by its title; when

The Door-keeper having reported under the call of the House,

The consideration of the resolution from the Senate in relation to the Cumberland road, was again resumed, and

Mr. Edwards moved to lay the resolution on the table till the 4th of July next when, after discussion,

On motion of Mr. Archer,

The resolution was committed to the committee of the Whole House, and made the special order of the day for Monday next, at two o'clock, P. M.

200

On motion of Mr. Woodson,

The House now resolved itself into committee of the Whole House, Mr. Woodson in the Chair, on the resolutions from the Senate, in relation to apportionment of representation; and after sometime spent therein, the committee rose, reported progress, and obtained leave to sit again; when,

The House adjourned.

Friday, January 8, 1841.

House met pursuant to adjournment.

A message from the Council of Revision, by Mr. Purinton, Clerk to the Council:

Mr. Speaker: I am directed by the Council of Revision to inform the House of Representatives, that they have approved bills of the following titles, viz:

"An act declaring the town of Benton the permanent seat of justice for the county of Franklin;"

"An act to extend the time for taking an enumeration of the inhabitants of this State,"

"An act making compensation to the persons therein named;"

"An act authorizing the erection of a bridge across the Saline river;"

"An act to change the time of holding courts in the second judicial circuit."

A message from the Senate by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have refused to concur with them in the passage of a bill for "An act, to locate and establish a State road from Peoria, in Peoria county to Fairview, in Fulton county."

Mr. Shepley moved that the rules of the House be dispensed with, to enable him to offer a resolution which was read to the House.

And the yeas and nays being demanded on dispensing with the rules,

It was decided in the affirmative.

Three-fourths of the members so voting, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Baldwin, Barnett, Beall, Bentley, Bissell, Blackman, Brown of Sangamon, Brown of Vermilion, Busey, Carpenter, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Francis, Hankins, Hardin, Hicks, Hull, Kelly, Kitchell, Laughlin, Leary, Lester, Lincoln, Logan, McClurken, McDonald, McLean, Minshall, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parkinson, Parsons, Peck, Phillips, Prentice, Reynolds, Ross, Scott, Shepley, Thornton, Threlkeld, Troy, Trumbull, Turney, Waters, Webb, WeSt. Wheeler, White, Wilson, Woodson, Wood, and Mr. Speaker — 63.

Those who voted in the negative, are,

Messrs. Bailey, Bennett, Bradford, Canady, Charles, Cox, Cunnigham, Darnielle, Denny, Drummond, Edwards, Emmerson, Froman, Gridley, Henderson, McGinnis, Menard, Moore, and Munsell — 19-

The rules of the House being dispensed with,

201

Mr. Shepley moved the adoption of the following preamble and resolution:

Whereas, each returning anniversary of the days pre-eminently distinguished for successful deeds of patriotism, valor, and sufferings in the defence maintenance of the liberties of the American people must excite emotions of profound gratitude towards the Great Dispenser of every good and perfect gift, in whose hands are the destinies of nations.

And whereas, the 8th of January, 1815, stands among the first in the calendar of days to be held in grateful remembrance, for the manifestations of patriotism and courage, and the sacrifice of blood in the defence of our national liberties; therefore,

Resolved, That this House out of respect for the conservators of "beauty and booty," on the plains of New Orleans achieved by their unprecedented skill and bravery, and under the able directions of the illustrious and immortal Andrew Jackson, do now adjourn."

Mr. Gridley demanded a division of the question, so as first to take the vote on the preamble to the resolution.

Mr. Peck moved to amend the preamble by inserting before the word "therefore" the following:

"And whereas, the military fame of Andrew Jackson has been rivalled by his equally successful and distinguished services to the nation as a statesman and benefactor of the people."

Mr. Dollins demanded the previous question.

And on the question — "Shall the main question be now put?"

It was decided in the affirmative, by yeas and nays as follows:

Those who voted in the affirmative, are.

Messrs. Baldwin, Beall, Bentley, Bissell, Blackman, Busey, Cavarly, Courtright, Cox, Grain, Dollins, Dougherty, Gillespie, Green, Hankins, Hicks, Kelly, Kitchell, Laughlin, Leary, Lester, Lincoln, Logan, McClurken, McDonald, McGinnis, Marshall, Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Scott, Shepley, Threlkeld, Turney, Waters, WeSt. Wheeler, White, Wilson, and Wood — 48.

Those who voted in the negative, are,

Messrs. Bailey, Barnett,Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Charles, Cunningham, Darnielle, Denny, Dodge, Drummond, Dunlap, Edwards, Emmerson, English, Francis, Froman, Gridley, Hardin, Henderson, Hull, McLean, Menard, Minshall, Moore, Parkinson, Phillips, Reynolds, Ross, Thornton, Troy, Trumbull, Webb, Woodson and Mr. Speaker-38.

And the question being on the amendment proposed by Mr. Peck.

It was decided in the negative, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs, Baldwin, Bissell, Blackman,Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, English, Green, Hankins, Hicks, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 43.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Barnett, Beall, Bennett, Bentley, Bradford,

202

Brown of Sangamon, Brown of Vermilion, Busey, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Philiips, Reynolds, Thornton, Threlkeld, Troy, Trumbull, Waters, Webb, WeSt. and Wood son — 43.

And the vote being taken on agreeing to the preamble,

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Baldwin, Barnett, Bentley, Bissell, Blackman Brown of Sangamon, Brown of Vermilion, Busey, Carpenter, Cavarly, Charles, Courtright, Cox, Crain, Denny, Dodge, Dollins, Dougherty, Drummond, Dunlap, Edwards, English, Gillespie, Green, Gridley, Han kins, Hardin, Hicks, Hull, Kelly, Kitchell, Laughlin, Leary, Lesler, Lin coln, Logan, McClurken, McDonald, McGinnis, McLean, Marshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds,Oliver, Ormsbee, Parkinson, Parsons, Peck, Phillips, Prentice, Reynolds, Ross, Scott, Shepley, Thornton, Threlkeld, Troy, Trumbull, Turney, Waters, Webb, WeSt. Wheeler, White, Wilson, Woodson, Wood, and Mr. Speaker — 74.

Those who voted in the negative, are,

Messrs. Beall, Bennett, Bradford, Canady, Cunningham, Darnielle, Emmerson, Francis, Froman, Henderson, Menard, and Minshall — 12.

When the resolution was also agreed to, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Beall, Bentley, Bissell, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Gillespie, Green, Hankins, Hardin, Hicks, Kelly, Kitchell, Laughlin, Lea ry, Lester, Lincoln, Logan, McClurkeii, McDonald, McGinnis, McLean, Marshall, Minshall, Murphy of Cook, Murphy of Perry, Odam, OIiver, Parkinson, Parsons, Prentice, Reynolds, Ross, Scott, Shepley, Trumbull, Turney, WeSt. Wheeler, White, Wilson, and Mr. Speaker — 51.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Grid ley, Henderson, Hull, Menard, Moore, Munsell, Olds, Ormsbee, Peck, Phillips, Thornton, Threlkeld, Troy, Waters, Webb, Woodson, and Wood-35.

So the preamble and resolution were adopted, and the

The House adjourned.

Saturday, January 9, 1841.

House met pursuant to adjournment.

Mr. Leary, from the committee on Engrossed Bills, reported as correctly engrossed, a bill for "An act to prevent the unlawful driving away of cattle and other stock, by drovers and others."

203

Mr. Crain from the same committee, also reported as correctly engrossed bills of the following titles:

"An act concerning the town of Belvidere;"

"An act to provide for draining mill dams on the Mackinaw creek;"

"An act to amend an act, entitled, An act in relation to the State Bank of Illinois."

Mr. Prentice presented the petition of sundry citizens of Shelby county; which, without reading, on his motion, was referred to the committee on counties.

Mr. Henderson presented the petition of citizens of township No. 14, north of range S, east of the 4th principal meridian, for the sale of the school section which, without reading, on his motion, was referred to the committee on Education.

Mr. Webb presented the petition of sundry citizens of White and Gallatin counties, which, without reading, on his motion, was referred to the committee on Canals and Canal Lands.

Mr. Woodson, on leave, introduced a bill for "An act fixing the time of holding the circuit courts in the 1st Judicial circuit," which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Drummond, from the committee on the Judiciary, reported a bill for "An act fixing the time of holding courts in the sixth Judicial circuit," which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Carpenter, from the committee on Counties, to which was referred the petition of citizens of Tuzewell and Menard counties, reported a bill or "An act for the formation of the county of Mason;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Kitchell, from the committee on the Judiciary, to which was refer-red the petition of Stephen Rowe, reported the same back to the House, and was discharged from the further consideration of the same, and

On motion of Mr. Prentice,

The petition was referred to the committee on Finance.

Mr. Woodson, on leave, introduced the following resolution:

"Resolved, That the committee on Finance be instructed to enquire into the expediency and constitutionality of increasing the public revenue by a tax on original writs, on the seal of any county commissioners' court, on the seal of the State, when affixed to any writings intended to be sent out of the State, on all civil commissions, on each appeal to the Supreme Court, on each supersedeas or writ of error issued from the Supreme Court, and on each deed and other writings entered on record, and that they report by bill or otherwise;" which was agreed to.

The resolution some time since offered by Mr. Wheeler, proposing to instruct the committee on the Judiciary to enquire into the expediency of reporting a bill for a stay law, to stay proceedings on judgments and executions, coming up for consideration,

Mr. Trumbull moved that the resolution be laid on the table.

Mr. Dollins demanded a call of the House; and the roil having been called through,

On motion of Mr. Brown of Vermilion,

Further proceedings under the call of the House were dispensed with,

204

And the question being on laying the resolution on the table,

It was decided in the affirmative, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Baldwin, Barnett, Beall, Bissell, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Cavarly, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson Francis, Froman, Gillespie, Gridley, Hardin, Hull,Leary, Lincoln, Mc Clurken, McGinnis, Moore, Munsell, Ormsbee, Parkinson, Phelps, Phil lips, Reynolds, Thornton, Threlkeld, Troy, Trumbull, Turney, Webb, WeSt. Wilson, and Woodson — 46.

Those who voted in the negative, are,

Messrs. Bentley, Blackman, Bradford, Carpenter, Courtright, Crain, Dollins, Dunlap, English, Green, Hankins, Henderson, Hicks, Kelly, Kitch ell, Laughlin, Lester, Logan, McDonald, McLean, Marshall, Menard, Minshall, Murphy of Perry, Odam, Olds, Oliver, Parsons, Peck, Prentice, Ross, Scott, Waters, Wheeler, Wood and Mr. Speaker — 36.

The resolution some days since offered by Mr. Kelly, instructing the committee on the Judiciary to report a bill for the distribution of the school fund, coming up for consideration, after discussion thereon,

Mr. Charles moved to lay the resolution on the table; which was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Bradford, Brown of Sangamon, Charles, Darnielle, Denny, Dougherty, Drummond, Edwards, Francis, Gillespie, Gridley, Hardin, Henderson, Hull, Leary, McGinnis, Menard, Parkinson, Peck, Phelps, Phillips, Trumbull, Webb, WeSt. and Woodson — 26.

Those who voted in the negative, are,

Messrs. Archer, Baldwin, Barnett, Beall, Bentley, Bissell, Blackman, Brown of Vermilion, Busey, Canady, Carpenter, Cavarly, Courtright, Cox, Crain, Cunningham, Dollins, Dunlap, Emmerson, English, Froman, Green, Hankins, Hicks, Kelly, Kitchell, Laughlin, Lester, Logan, McClurken, McDonald, McLean, Marshall, Minshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Prentice, Reynolds, Ross, Scott, Shepley, Threlkeld, Troy, Turney, Waters, Wheeler, Wilson, Wood, and Mr. Speaker — 56.

Mr. Murphy of Cook moved to amend the resolution by striking out all after the word "resolved," and inserting as follows:

"That the committee on Education be instructed to report a bill for borrowing one million of dollars, in order that said sum shall be distributed amongst the several counties in this State, in lieu of the school fund heretofore belonging to it, and to authorize the different school commissioners to loan said fund to the best advantage," which,

On motion of Mr. Olds,

Was laid on the table.

Mr. Henderson moved to amend the resolution by adding the following proviso:

"Provided, That the rateable proportion of the school fund to which the counties of Putnam, Bureau, Marshall, and Stark, may now, or at any time hereafter be entitled, according to the number of children in said counties, shall not be distributed, but the principal to remain in the Treasury of State, and the interest only distributed to said counties. And

205

that the counties aforesaid are hereby expressly released from all liability for the principal and interest of any money which may be borrowed for distribution, or which may be distributed."

Mr. Bentley moved to lay said proviso on the table; when,

On motion of Mr. Logan

The House adjourned until 2 o'clock.

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Blackman, on leave, introduced a bill for "An act to amend an act providing for the payment of grand and petit jurors," approved February 13th, 1840 which was read the first time, and the second time by its title, and

On motion of Mr. Turney,

Referred to the committee on the Judiciary; when,

On motion of Mr. Cavarly,

The House again resolved itself into committee of the Whole on the Senate resolutions in relation to the apportionment of representation, Mr. Woodson in the Chair, after some time spent therein, the committee rose, reported progress, and obtained leave to sit again; when,

On motion,

The House adjourned.

Monday, January 11, 1841.

House met pursuant to adjournment.

Mr. Shepley, on leave, introduced a bill for "An act to require the collectors of the public revenue to receive and pay Auditor's Warrants," which was read the first time and second time by its title, and

On motion of Mr. Murphy of Ferry,

The rules of the House were dispensed with, and the, bill now read the third time; when,

Mr. Phelps moved to amend the bill by adding the following as an additional section:

"Sec.-The members of this General Assembly shall not receive any compensation for their services, until all the scrip issued by or under the authority of this State, shall have been redeemed;" which,

On motion of Mr. Logan,

was laid on the table.

Mr. Charles moved to amend the bill by striking out all that relates to the payment of Auditor's Warrants, issued since the first of December, 1840; which,

On motion of Mr. Murphy of Perry,

Was laid on the table by yeas and nays as follows:

206

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Beall, Bennett,Bentley,Bissell, Black man, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Drummond, Dunlap, English, Green, Hicks, Humphrey, Kel ly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Menard, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Phelps, Prentice, Reyolds, Ross, Scott, Shepley, Trumbull, Turney, Waters, WeSt. Wheeler, Wilson, Wood, and Mr. Speaker — 57.

Those who voted in the negative, are,

Messrs. Bailey, Bradford, Canady, Charles, Cox, Cuuningham, Denny, Edwards, Emmerson, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Minshall, Munsell, Phillips, Thornton, Troy, and Woodson — 22. When,

On motion of Mr. English,

The bill was referred to the committee on Finance.

Mr. Dodge presented the petition of sundry citizens of LaSalle county, praying for a new county; which, without reading, on his motion, was referred to the committee on Counties.

On motion of Mr. Dodge,

The rules of the House were dispensed with, to enable him to report from the select committee to which was referred certain petitions in relation to a new county; and said petitions were reported back to the House, and

On motion of Mr. Dodge,

Referred to the committee on Counties.

Mr. Murphy of Cook, presented the remonstrance of sundry citizens of McHenry county, against a division of the same; which, without reading on his motion, was referred to the committee on Counties.

Mr. Thornton presented the petition of citizens of Boone county asking for more territory; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Denny presented the petition of sundry citizens of Warren county, in relation to Hie division of said county; which, without reading, on his motion, was referred to the committee on. Counties.

On motion of Mr. Denny,

The rules of the House were dispensed with, and the Senate bill for "An act to establish tlie county of Henderson," was taken up for consideration, and on his further motion, the rules of the House were dispensed with and the bill now read the first and second time by its title, and referred to the committee on Counties.

Mr. Crain from the committee on Engrossed Billy, reported as correctly engrossed, a bill for "An act to locate, alter, and re-locate certain State roads."

Mr. Gridley presented a petition from citizens of McLean county, against a division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Gridley presented the petition of citizens of McLean county, asking for the publication of a speech of a member of this House; which being read,

207

Mr. McClernand moved the adoption of the following resolution in relation to.

"Resolved,That the petition now under consideration, emanating from the county of McLean, and offered by the member from McLean, (Mr. Gridley) be not received; and that said petition be returned to the member who offered the same as unworthy the respectful attention of this House."

Mr. Webb raised a question of order; and insisted that the question was upon the reception of the petition ?

The chair decided that the petition was in the possession of the House, and that the House could make what disposition of it they pleased.

Mr. Bentley demanded the previous question on the adoption of the resolution.

And on the question — "Shall the main question be now put?"

It was decided in the negative by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Bailey, Barnett, Beall, Bennett, Bentley, Blackman, Busey, Carpenter, Cavarly; Courtright, Dougherty, Dunlap, English, Green, Hankins, Humphrey, Kelly, Laughlin, Lester, McGinnis, Menard, Moore, Odam, Oliver, Ormsbee, Reynolds, Scott, Turney, Webb, WeSt. Wilson, and Mr. Speaker — 33.

Those who voted in the negative, are,

Messrs. Archer, Baldwin, Bissell, Bradford, Brown of Vermilion, Canady,Cox, Crain, Cunningham, Darnielle, Denny, Dollins, Drummond, Edwards, Emmerson, Froman, Gillespie, Gridley, Hardin, Henderson, Hicks, Hull, Kitchell, Leary, Lincoln, Logan, McClernand, McClurken, McDonald, McLean, Minshall, Munsell, Murphy of Cook, Murphy of Perry, Olds, Parsons, Peck, Phelps, Phillips, Prentice, Ross, Shopley, Thornton, Threlkeld, Troy, Trumbull, Waters, Woodson, and Wood — 49.

Mr. Olds moved the following as an amendment to the resolution:

"And that the Hon. member who offered the petition, shall receive a proper reprimand from the Speaker, for having offered a direct insult to an Hon. member of this House, as well as the House itself," which,

On motion of Mr. Hardin,

Was laid on the table by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Bennetl,Blackman,Bradford, Brown of Vermilion, Busey, Canady, Carpenter, Cavariy, Charles, Courtright, Cox, Cunningham, Darnielle, Denny, Dodge, Dougherty, Drummond, Dunlap, Edwards, Emmerson, English, Froman, Gillespie,Green, Hankins, Har-din, Henderson, Hull, Humphrey, Kelly, Laughlin, Leary, Lincoln, Mc-Donald, McGinnis, McLean, Marshall, Menard, Minshall, Moore, Munsell, Odam, Oliver, Phelps, Phillips, Prentice, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. Wilson, Woodson, and Mr. Speaker — 60.

Those who voted in the negative, are,

Messrs. Baldwin,Bissell, Crain, Dollins, Hicks, Kitchell, Lester, Logan, McClernand, McClurken, Murphy of Cook, Murphy of Perry, Olds, Ormsbee, Parsons, Peck, Ross, Scott, Shepley, Trumbull, Turney, and Wood-22.

Mr. Muphy of Cook, moved to amend the resolution by striking out all after the word "resolved" and inserting as follows:

208

"That the inhabitants of McLean county, who signed a petition desirespectful to a member of this body, and which was presented to this House, have been guilty of a contempt of this House, and that said petition will not be entertained by this Assembly, but returned indignantly to the member who presented it;" which proposed amendment was accepted by the mover of the original resolution as a modification of his own resolution.

Mr. Hardin moved to amend by striking out all after the word "resolved" and inserting, "That the petition be not received;" which,

On motion of Mr. Murphy of Cook,

Was laid on the table by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Drummond, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClur ken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wilson, and Wood — 49.

Those who voted in the negative, are,

Messrs. Archer, Beall, Bradford, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Edwards, Emmerson, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 33.

Mr. Dollins demanded the previous question.

And on the question — "Shall the main question be now put?"

It was decided in the affirmative.

And the question being on the passage of the resolution,

It was decided in the affirmative, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able,Baldwin,Ba,rnett, Bentley, Bissell, Blackman, Busey, Carpenter,Cavarly,Courtright,Crain,Dodge,Dollins, Dougherty, Drummond, Dunlap, English,Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wilson, and Wood — 49.

Those who voted in the negative, are,

Messrs. Archer, Beall, Bradford, Brown of Vermilion, Canady, Cox, Cunningham, Darnielle, Denny, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 33.

When,

On motion,

The House adjourned until 2 o'clock, P. M.

209

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Murphy of Cook, on leave, offered for adoption the following resolution.

Resolved, That the select committee created by this House, for the purpose of investigating the accounts of the late Board of Public Works, have also power to enquire into the nature and situation of all the public property belonging to the system of internal improvement, the value and situation of the same at the time the duties of the late Board of Public Works commenced, and the value and situation of the same at the present time.

Resolved also, That they be allowed to employ necessary clerks to prepare the accounts of said board in proper form for investigation.

Mr. Henderson moved to amend the resolution by striking out all after the word "resolved" and inserting the following:

"That the select committee appointed for the purpose of investigating the accounts of the late Board of Public Works be discharged from the further consideration of the subject."

"Resolved, That the committee on Internal Improvement are hereby instructed to investigate all the accounts, acts, and doings of the late and-former Boards of Internal Improvements in a thorough and proper manner, and by their report, to inform this House what is the true state of the liabilities of the State of Illinois upon the whole system of Internal Improvements, and upon each particular road or river, and each particular kind of work, what has been paid for the right of way, and to whom; what contract has been let, and by what board, and when, and the amount; what contracts have been completed, abandoned or continued; what damages allowed on contracts abandoned, and to whom; the amount of iron and all other materials on hand, where situated, and in whose care, and all other information which said committee may deem necessary and proper for the purpose of embodying in one report the whole subject; and that said committee have leave to use all such former reports and documents as they may rely on in making their report; and that said committee are fully authorized to send for persons and papers, and to administer oaths, and do and perform all other things necessary and proper, touching the premises, and that said committee be authorized, if necessary, to employ a clerk."

Mr. Ormsbee moved to lay the proposed amendment on the table.

Mr. Dodge demanded a call of the House; pending the call of the House,

The bill for "An act authorizing the Governor to make a deed," was taken up for consideration, and

Ordered to be engrossed.

Also, the bill for "An act fixing the time of holding courts in the sixth judicial circuit," was taken up for taken up for consideration, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

210

On motion of Mr. English,

Further proceedings under the call of the House were dispensed with; and the House resumed the consideration of the resolution offered by Mr. Murphy of Cook.

And the question recurring on the motion of Mr. Ormsbee to lay the proposed amendment thereto on the table,

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Bentley, Bissell, Busey, Blackman, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, Edwards, English, Green, Hankins, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McCleroand,McDonald, McGinnis, McLean, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam,Olds, Oli ver, Ormsbee, Peck, Phillips, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker — 50.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hicks, Hull, Lincoln, Menard, Minshall, Munsell, Phelps, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 36.

Mr. Ormsbee moved the previous question, which was sustained; when the resolution, as offered by Mr. Murphy of Cook, was agreed to.

At the request of the Speaker, the consideration of the Senate resolutions in relation to the Cumberland Road, now in committee of the Whole House, was postponed until to-morrow, at 2 o'clock, P. M.; and

On motion of Mr. Ross,

The House now resolved itself into the committee of the Whole,

Mr. Woodson the chair, on the resolutions from the Senate, in relation to apportionment of representation.

And after some time spent therein, the committee rose, reported progress, and obtained leave to sit again.

Mr. Wilson, on leave, introduced a bill for "An act to prevent any assessment of damages in consequence of the location of railroads where the land has not been actually used for the construction of such railroads;" which was read the first time, and the second time by its title, and

On motion of Mr. Turney,

Referred to the committee on Internal Improvements.

Mr. Leary, on leave, introduced a bill for "An act to amend an act, en titled ‘An act in relation to special bail;’" approved, January 26, 1827; which was read the first time, and

Ordered to a second reading.

Mr. Ormsbee, on leave, introduced a bill for "An act for the specific execution of contracts in relation to the payment of interest;" which was read the first time, and

Ordered to a second reading.

Mr. Archer, on leave, introduced a bill for "An act to extend the location of the Darwin and Charleston turnpike, from Charleston to Spring field," which was read the first time, and

Ordered to a second reading.

211

Mr. Gillespie, on leave, introduced a bill for "An act changing a town plat therein named;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Lester, on leave, introduced a bill for "An act to authorize the county commissioners of Brown county to appoint an assessor;" which was read the first time, and

Ordered to a second reading.

Mr. Dodge, on leave, introduced a bill for "An act to authorize the construction of a railroad from LaSalle, in LaSalle county, to Dixon, in Lee county, and for chartering a company with authority to construct said road to be called the Illinois and Rock River Railroad Company"; which was read a first time and second time, by its title; and on his motion, referred to the committee on Banks and other Corporations.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed a bill of the following title, viz:

A bill for "An act to re-organize the Judiciary of the State of Illinois."

In the passage of which they ask the concurrence of the House of Representatives.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted the following resolutions, viz:

Resolved by the Senate and House of Representatives, That the Attorney General be instructed to commence immediate proceedings against E. G. Nichols, Smith Gilbraith, and Sanger, for money fraudulently obtained from the State of Illinois.

Resolved, That the Attorney General be instructed to institute suit upon the bond of John Dixon, late Commissioner of Public Works, for a breach of his bond in signing the contract for the improvement of the Up-per Rapids on Rock River, dated 8th June, 1839, as well as for any other liabilities.

In the passage of which they ask the concurrence of the House of Representatives.

A message from the Senate, by Mr. Stapp, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have concurred with them in the adoption of a resolution, recommending to the Electors of this State, at the next general election, for members of the General Assembly, to vote for or against a convention to amend the Constitution of this State.

Those voting in the affirmative, are,

Messrs. Alien, Baker, Churchill, Cullom, Evans, Fithian, Feaman, Gatewood, Hamlin, Harrison, Henry, Houston, Hunter, Kilpatrick, Little, Markley, Monroe, Moore, Nunnally, Parish, Richardson, Ross, Sargeant, Slocumb, Stadden, Stapp, Warren and Witt — 28.

Those voting in the negative, are,

Messrs. Davidson, Gaston, Hacker, Harris, Herndon, James, Johnston, Pearson, and Wood — 9.

When,

The House adjourned.

212

Tuesday, January 12, 1841.

House met pursuant to adjournment.

Mr. Bennett presented the petition of sundry citizens of Menard county; which, without reading, on-his motion, was referred to the committee on Claims.

Mr. Ross presented the petition of sundry citizens of the county of Fulton; which was read, and on his motion, referred to the committee on the Judiciary.

Mr. Waters presented the petition of the collector of Pope county; which was read, and on his motion, referred to a select committee.

Ordered, That Messrs. Waters, Oliver, and Dollins be said committee.

Mr. Green presented the petitions of citizens of the counties of Lawrence and Clay, for the formation of a new county;

Also, the petition of citizens of Clay, for the re-location of the county seat of said county; which, without reading, on his motion, were referred to a select committee.

Ordered, That Messrs. Green, Wilson, McLean, Dunlap, and Hankins be said committee.

Mr. Wilson presented the petition of citizens of the county of Jasper, for a division of said county; which, on his motion, without reading, was referred to the same select committee to which was referred the petitions for a new county from the counties of Clay and Lawrence.

Mr. Bentley presented the petition of citizens of Bond and Madison counties: which, without reading, on his motion, was referred to the committee on Counties.

Mr. Reynolds presented the petition of citizens of Madison county, in relation to the Cumberland road; which, without reading, on his motion, was committed to the committee of the Whole House to which was referred the Senate resolution on the same subject.

Mr. Drummond presented the petition of sundry citizens of Whiteside county; which, without reading, on his motion, was referred to the committee on Internal Improvements.

Also, the petition of citizens of Chatham, Whiteside county; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Drummond, Leary, and Crain be said committee.

Mr. Drummond also presented the petition of Melissa Trask for a divorce; which was read, and on his motion, was referred to a select committee.

Ordered, That Messrs. Thornton, WeSt. and Parkinson be said committee.

Mr. Phillips presented the petition of citizens of Hamilton county; which without reading, on his motion, was referred to the committee on canals and Canal Lands.

Mr. Leary presented the petition of Henry Rhines, and Adam Berg, signed by the Mayor and Common Council of Chicago, and two hundred citizens of Cook county, praying that relief he granted to the said Rhines

213

and Berg; which, without reading, on his motion, was referred to the committee on Canals and Canal Lands.

Mr. Leary, from the committee on Engrossed Bills, reported as correctly engrossed a bill for "An act fixing the time of holding the circuit courts in the first Judicial Circuit."

Mr. Ross, from the committee on Finance, to which was referred the bill for "An act to require the collectors of the public revenue to receive and pay Auditor's warrants," reported the same back to the House with an amendment as a substitute; which was read, and Mr. Peck moved to amend the amendment of the committee by inserting the word "complete" before the word "payment," in the fourteenth line, and the word "first" before the word "paid," in the nineteenth line of the "second section;" which was agreed to.

Mr. Woodson moved to amend the first section by striking out the words "issued since the first of December, 1840;" which was not agreed to by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 38.

Those who voted in the negative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, Emmerson, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Odam, Olds, Oliver, Ormsbee, Par-sons, Peck, Prentice, Reynolds, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker. — 50.

Mr. Dollins moved to refer the bill and proposed amendments to the committee on the Judiciary; which was not agreed to.

Mr. Cavarly moved that the bill and proposed amendments be laid upon the table; which was not agreed to.

On motion of Mr. Trumbull,

The report of the committee was amended by striking out the second section on, and inserting the following:

"SEC 2. That in the payment of warrants, the collector shall pay them off according to the priority of their presentation; and if at any time the collector shall not have sufficient funds in his hands belonging to the State to discharge all the warrants presented, he shall take up said warrants so far as the monies of the State in his hands will enable him to do so; Provided, That no partial payment shall be made upon any warrant, unless the collector has sufficient funds to completely discharge the same; but he shall note upon said warrant the time of its presentation, and pay off and discharge the same so soon as he has sufficient funds for that purpose: Provided, also, He shall receive sufficient funds, and the said warrant shall be again presented before the time prescribed by law for collectors to make their settlement with the Auditor."

214

Mr. Charles moved to amend the report by striking out the Words, "be in force from and after its passage," and insert "and continue in force for three months;" which,

On motion of Mr. Murphy of Cook,

Was laid on the table, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Bailey, Baldwin, Barnett, Beall, Bentley, Bennett, Bissell, Blackmail, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Cavarly, Courtright, Crain, Cunningham, Denny, Dodge, Dol lins, Dougherty, Dunlap, Emmerson, English, Froman, Funk, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Ross, Scott, Shepley, Threlkeld, Trumbull, Turney, Waters, WeSt. Wheeler, Wilson, Wood, and Mr. Speaker — 61.

Those who voted in the negative, are,

Messrs. Archer, Bradford, Busey, Charles, Cox, Darnielle, Edwards, Francis, Gillespie, Gridley, Hardin, Henderson, Hull, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Prentice, Reynolds, Webb, and Woodson — 24.

Mr. Olds demanded the previous question; which was not sustained, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Blackman, Busey, Carpenter, Courtright, Crain, Dodge, Dunlap, Hankins, Hicks, Humphrey, Laughlin, Leary, Lester, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Prentice, Reynolds, Scott, Shepley, Trumbull, Turney, Wheeler, Wilson, Woodson, and Mr. Speaker — 39.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bissell, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunnigham, Darnielle, Denny, Dollins, Drummond, Edwards, Emnierson, English, Francis, Froman, Funk, Gillespie, Green, Gridley, Hardin, Henderson, Hull, Kelly, Kitchell, McLean, Menard, Minshall, Munseli, Oliver, Parkinson, Phelps, Phillips, Ross, Thornton, Thielkeld, Troy, Waters, Webb, WeSt. and Wood — 46.

Mr. Brown of Vermilion, moved to amend the report by adding the following as an additional section:

"That the holders of scrip, for services rendered the State on the public works, or otherwise rendered the State by them, shall be entitled to all the benefits of this bill."

Mr. Murphy of Cook moved that the proposed amendment be laid upon the table; when,

On motion,

The House adjourned until 2 o'clock, P. M.

215

Two O'Clock, P. M.

House met pursuant to adjournment.

The Speaker laid before the House a communication from the President of the State Bank of Illinois, in answer to a call of the House; which was read,

And Mr. Henderson moved to lay the report on the table, and print one thousand copies thereof; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Edwards, Emmerson, Francis, Gillespie, Green, Gridley, Hardin, Henderson, Hull, McLean, Menard, Munseli, Parkinson, Phelps, Phillips, Reynolds, Ross, Thornton, Threlkeld, Turney, and Webb-35.

Those who voted in the negative, are,

Messrs. Able, Baldwin, Barnett, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Dodge, Dollins, Dunlap, English, Francis, Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, Lincoln, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Minshall, Moore, Murphy of Cook, Murphy of Perry, Olds, Odam, Oliver, Ormsbee, Parsons, Prentice, Scott, Shepley, Troy, Trumbull, Waters, Wheeler, Wilson, Woodson, and Mr. Speaker — 46.

When,

On motion of Mr. Murphy of Cook,

The communication was referred to the committee on Banks and other Corporations.

On motion of Mr. Gillespie,

The House now resolved itself into committee of the Whole, on the Senate resolution in relation to the Cumberland road, Mr. Bissell in the Chair; and after some time spent therein, the committee rose, reported progress, and obtained leave to sit again.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted a memorial to the Congress of the United States, recommending the city of Cairo, in the county of Alexander, and State of Illinois, as a suitable place for the erection of a Marine Hospital.

In the adoption of which bills they ask the concurrence of the House of Representatives; when,

On motion,

The House adjourned.

216

Wednesday, January 13, 1841.

House met pursuant to adjournment.

Mr. Drummond presented the petition of M. Smith, for a divorce; which, without reading, on his motion, was referred to the same select committee to which was referred the petition of Melissa Trask, on the same subject.

Also, the memorial of the Illinois Education Society; which was read, and Mr. Edwards moved that the same be laid on the table, and one thou sand copies thereof be printed.

And a division of the question being demanded, the memorial was laid on the table, and the motion to print one thousand copies was not agreed to.

Mr. Peck moved that 500 copies be printed; which was not agreed to; when,

On motion of Mr. Bissell,

One hundred and fifty copies were ordered to be printed, by yeas, and as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Barnett, Beall, Bennett, Bentley, Bissell, Brad ford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Cavarly, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, English, Francis, Froman, Funk, Gillespie, Green, Henderson, Hull, Laughlin, Leary, McClernand, McLean, Min shall, Munsell, Murphy of Cook, Odam, Olds, Parkinson, Peck, Phelps, Phillips, Reynolds, Ross, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. Wilson, Woodson, and Mr. Speaker — 56.

Those who voted in the negative, are,

Messrs. Able, Blackman, Carpenter, Courtright, Grain, Dollins, Hankins, Hicks, Kelly, Kitchell, Lester, Logan, McClurken, McGinnis, Marshal Menard, Moore, Murphy of Perry, Parsons, Scott, Shepley, Trumbull, Turney, Wheeler, and Wood — 26.

Mr. Murphy of Cook presented the petition of citizens of Lake county, praying the re-location of the county seat of said county, which, without reading, on his motion, was referred to the committee on Counties.

Mr. Bailey presented the petition of citizens of McDonough county; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Trumbull presented the petition of the President and Trustees of the town of Belleville, in the county of St. Clair; which, without reading, on his motion, was referred to the committee on Banks and other Corporations.

Mr. Crain, from the committee on Engrossed Bills, reported as correctly engrossed, the bill for "An act authorizing the Governor to make a deed."

Mr. Leary from the same committee, reported as correctly engrossed, bills for

"An act for the formation of the county of Mason," and

"An act changing a town plat therein named."

217

The bill for "An act to require collectors of the public revenue to receive and pay Auditor's warrants," coming up for consideration, the amendment proposed by Mr. Brown of Vermilion to the report of the committee on Finance was laid on the table, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Barnett, Beall, Bennett, Bentley, Bissell, Bradford, Brown of Sangamon, Busey, Canady, Cavarly, Charles, Cox, Cunnigham Darnielle, Denny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, English, Francis, Froman, Funk, Gillespie, Green, Henderson, Hull, Laughlin, Leary, McClernand, McLean, Minshall, Munsell, Murphy of Cook, Odam, Olds, Parkinson, Peck, Phelps, Phillips, Reynolds, Ross, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. Wilson, Woodson, and Mr. Speaker — 55.

Those who voted in the negative, are,

Messrs. Able, Blackmail, Carpenter, Courtright, Crain, Dollins, Hankins Hicks, Kelly, Kitchell, Lester, Logan, McClurken, McGinnis, Marshall, Menard, Moore, Murphy of Perry, Parsons, Scott, Shepley, Trumbull, Turney, Wheeler, and Wood — 26.

Mr. Munsell moved to amend the report of the Finance committee by adding an additional section, as follows:

"Be it further enacted, That it shall be the duty of the Auditor of State, forthwith, after the passage of this act, to notify the collectors of the several counties in this State of the amount of school fund to be distributed this winter under the existing laws in their respective counties; and on the receipt of such notice from the Auditor, it shall be the duty of said collectors to pay over to the school commissioners of the proper counties the amount so due the school fund, or so much thereof as he may have in his hands, belonging to the State, and shall from time to time continue to pay over, until the amount due is paid. Said sum due and owing to the school fund shall have priority of all Auditor's warrants, whether endorsed or not endorsed by said collector."

Mr. Shepley moved to lay the proposed amendment on the table; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Barnett, Bentley, Blackman, Busey, Dunlap, Marshall, Moore, Murphy of Cook, Olds, Peck, Shepley, Trumbull, and Wood — 14.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bissell, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Cavarly, Charles, Courtright, Cox, Crain, Cunningham, Darnielle, Denny, Dollins, Edwards, Emmerson, English, Francis, Froman, Funk, Gillespie, Gridley, Hankins, Hardin, Henderson, Hicks, Hull, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McGinnis, Menard, Minshall, Munsell, Murphy of Perry, Odam, Oliver, Ormsbee, Parkinson, Parsons, Phelps, Phillips, Prentice, Reynolds, Ross, Scott, Thornton, Threlkeld, Troy, Turney,Waters, Webb, WeSt. Wheeler, Wilson, Woodson, and Mr. Speaker — 66.

Mr. Turney moved to lay the bill and proposed amendments on the table; which was not agreed to.

Mr. Dollins moved that the bill and proposed amendments be referred to the committee on Education; which was not agreed to.

218

And the amendment proposed by Mr. Munsell was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Bennett, Bentley, Bissell, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Cavarly, Charles, Courtright, Cox, Grain, Cunmngham, Darnielle, Denny, Dollins, Drum mond, Edwards, Emmerson, English, Francis, Froman, Funk, Gillespie, Gridley, Hankins, Hardin, Henderson, Hicks, Hull, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McClernand, McGinnis, Me nard, Minshall, Moore, Munsell, Murphy of Perry, Oliver, Ormsbee, Par kinson, Parsons, Phelps, Phillips, Prentice, Reynolds, Ross, Scott, Thorn ton, Threlkeld, Troy, Trumbull, Turney, Waters, Webb, WeSt. Wheeler, Wilson, Woodson, and Mr. Speaker — 69.

Those who voted in the negative, are,

Messrs. Able, Barnett, Blackman, Busey, Dunlap, Marshall, Murphy of Cook, Olds, Peck, and Wood, — 10.

On motion of Mr. Charles,

The first section of the report was amended by inserting after the words "eighteen hundred and forty," the following:

"And also, for warrants issued to assessors for services rendered in the assessment of property, for the said year 1840."

Mr. Archer moved to further amend the report by striking out the words "eighteen hundred and forty," and inserting the words "eighteen hundred and thirty-nine."

On motion of Mr. Dollins,

(The rules of the House being dispensed with,)

Resolved, That the Treasurer of State be directed to in form the House of Representatives of the aggregate amount of the school, college, and semi nary fund, the amount of each of the funds distinctly, and what amount of each of the respective funds are now on hand and available, the various periods and amounts at which the State, by her proper agents, have received these funds since the first day of January, 1837; likewise, where the same is now deposited, what kind of funds the same consists of; also, whether the State receives any interest for said deposites, or pays an interest to deposites the same, as the case may be, and that the Treasurer report thereon as early as practicable.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have passed bills of the following titles, viz:

A bill for "An act to insure tlie payment of a bounty on wolf scalps;"

A bill for "An act to authorize the county commissioners' court of Ogle county to levy and collect a tax;"

A bill for "An act to amend the several acts to extend the corporate limits of the town of Peoria;"

A bill for "An act to incorporate the Cairo City Mills;"

In the passage of which they ask the concurrence of the House of Representatives.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred the bill for "An act to incorporate a Medical College to be located in St. Charles, or Clinton, in Kane county, by a vote

219

of the Trustees reported the same back to the House, and recommended its rejection; when the bill was refused to be read the third time.

Mr. Cavarly, from the Judiciary committee, to which was referred the bill for "An act to create a permanent Board of Auditors, &c.," reported the same back to the House with amendments; which were read.

And Mr. Archer moved to amend the report by inserting after the word "same," in the 18th line of the 2d section, the following:

"And on settlement with said contractors, the said Auditors are hereby authorized and required to draw a draft or drafts on the Fund Commissioner in favor of such individuals for the amount severally due, bearing intereSt. at the rate of six per cent. per annum, from date until paid, and which drafts may be subdivided into sums of not less than one hundred dollars."

Mr. Ormsbee moved to lay the bill and proposed amendments on the table; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Blackman, Busey, Carpenter, Courtright, Grain, Dollins, Dougherty English, Hankins, Hardin, Hull, Laughlin, Lester, McClurken, McGinnis, Menard, Moore, Munsell, Odam, Oliver, Ormsbee, Parsons, Peck, Ross, Threlkeld, Trumbull, Turney, WeSt. Wheeler, Wilson, Mr. Speaker-31.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cavarly, Charles, Cox, Cunning-ham, Darnielle, Denny, Dodge, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Green, Gridley, Henderson, Kitchell, Leary, McLean, Minshall, Murphy of Cook, Parkinson, Phelps, Phillips, Prentice, Reynolds, Shepley,Thornton, Troy, Waters, Webb, and Woodson-42.

When,

On motion,

The House adjourned to 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment

On motion of Mr. English,

The House now resolved itself into committee of the Whole, Mr. Woodson in the Chair, on the Senate resolutions in relation to apportionment of representation in the State Legislature; and after some time spent therein, the committee rose, and reported that resolution back to the House with an amendment, Proposing to strike out five thousand as the basis of representation in the House of Representatives, and insert four thousand five hundred;

And the question being on concurring with the committee of the Whole House in their amendment,

Mr. Dollins demanded a call of the House, and pending the call of the House, the Senate resolutions requiring the Attorney General to commence suits against John Dixon and others, were read, and,

On motion of Mr. Hardin,

Referred to the committee on the Judiciary.

220

On motion of Mr. Webb,

Senate bill for "An act to amend an act, entitled, An act to incorporate the town of Carmi," approved January 30th 1840,

Was taken up and read the first time, and second time by its title, and on the further motion of Mr. Webb, referred to a select committee.

Ordered, That Messrs. Turney, Webb, and Emmerson be said committee.

Mr. Carpenter, on leave, from the committee on Counties, to which was referred the Senate bill for "An act to establish the county of Henderson," reported the same back to the House without amendment, and the bill was

Ordered to be read the third time.

Mr. English, on leave, from the select committee to which was referred the petition of Elizabeth Hart, reported a bill for "An act for the relief of Elizabeth Hart;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Senate bill for "An act to define the bounds of Boone county," was read the first time, and the second time by its title, and

On motion of Mr. Murphy of Cook,

Referred to the committee on Counties.

Engrossed bill for "An act for the formation of the county of Mason," was read the third time and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

The Door-keeper having reported, the House resumed the consideration of the Senate resolution in relation to the apportionment of representation.

Mr. Webb moved to amend the report of the committee of the Whole House, by striking out four thousand five hundred, and inserting four thousand; which was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Barnett, Beall, Bentley, Bissell, Brown of Vermilion, Busey, Carpenter, Courtright, Crain, Dollins, Drummond, Emmerson, Green, Gridley,Hankins,Henderson, Hicks, Kitchell, Laughlln, Leary, Lester, Logan, McClernand, McDonald, McGinnis, Menard, Minshall, Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parkinson, Parsons, Peck, Phelps, Prentice, Scott, Waters, Webb, WeSt. Wheeler, White, and Mr. Speaker — 47.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Bennett, Blackmail, Bradford, Brown of Sangamon, Cavarly, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Dunlap, Edwards, English, Francis, Gillespie, Hardin, Hull, Humphrey, McClurken, McLean, Marshall, Moore, Reynolds, Shep ley,Thornton, Threlkeld, Troy, Trumbull, Turney, Wilson, Woodson, and Wood-37.

And on concurring with the report of the committee of the Whole, as amended,

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Barnett, Beall, Bentley, Bissell, Busey, Carpenter, Courtright Crain, Dollins, Drummond, Emmerson, Green, Gridley, Hankins,

221

Hardin, Henderson, Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McDonald, McGinnis, Menard, Minshall, Murphy of Cook, Muphy of Perry, Odam, Olds, Oliver, Ormsbee, Parkinson, Parsons, Peck, Phelps, Prentice, Scott, Troy, Waters, Webb, WeSt. Wheeler, White, and Mr. Speaker-47.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Cavarly, Charles, Cox, Cunningham, Darnielle Denny, Dougherty, Dunlap, Edwards, English, Francis, Gil-lespie, Hull McClernand, McClurken, McLean, Marshall, Moore, Munsell, Reynolds, Ross, Shepley, Threlkeld, Trumbull, Turney, Wilson, Woodson, and Wood — 36.

When the resolution, as amended, was agreed to,

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence in the resolution, as amended.

Engrossed bill for "An act to authorize Samuel M. Bowman to build a dam across Rock river, and for other purposes therein named," was read the third time, and passed, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Cavarly, Charles, Courtright, Darnielle, Dougherty, Drummond, Dunlap, Edwards, Emmerson, English, Francis, Gillespie, Gridley, Henderson, Hull, Humphrey, Logan, McLean, Menard, Minshall, Munsell, Odam, Parkinson, Parsons, Phelps, Prentice, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. Wheeler, White, Woodson, and Wood — 44.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bennett, Bentley, Bissell, BIackman, Carpenter, Cox, Crain, Cunningham, Denny, Dollins, Green, Hankins, Hardin, Hicks, Kitchell, Laughlin, Leary, Lester, McClernand, McClurkeu, Mc-Donald, Marshall, Moore, Murphy of Perry, Olds, Oliver, Peck, Ross, Scott, Shepley, Trumbull, Turney, and Mr. Speaker — 35.

Ordered, That the tide be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

House bill for "An act for the formation of the county of Piatt," was read the second time by its title, and,

On motion of Mr. Barnett,

Amended by striking out all of the seventh section after the word "located;" when the bill was read the third time by its title, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

House bill for "An act to extend the boundaries of Cass county," was read the second time; when,

On motion,

The House adjourned.

222

Thursday, January 14, 1841.

House met pursuant to adjournment.

Mr. Dodge presented the petition of citizens of De Kalb county; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Barnett presented the petition of citizens of Macon and Shelby counties, for a new county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Hicks presented the petition of citizens of Jefferson county; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Green presented the petition of citizens of Clay county; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Green, Odam, and Grain be said committee.

Mr. White presented the petition of citizens of Christian and Macon counties; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. White, Prentice, and Darnielle be said committee.

Mr. Drummond, from the committee on the Judiciary, offered for adoption the following resolution:

"Resolved, That the Senate be respectfully requested to transmit to this House the report of the select committee of the Senate appointed to investigate the lettings at the Upper Rapids of Rock river, together with all the evidence and documents accompanying the same," which was agreed to.

Mr. Denny, on leave, offered for adoption the following resolution:

"Resolved, That the committee on Agriculture and Manufactres be instructed to enquire into the expediency of adopting some system of collecting the agricultural statistics of the State, and also, whether it is pro per at this time to adopt any legislation directly touching the agricultural interest of the State; and to report by bill or otherwise;" which was agreed to.

Mr. Hardin, from the committee on the Judiciary, offered for adoption the following resolution:

Resolved by the House of Representatives, the Senate concurring herein, That a committee of conference of the two Houses be appointed, to consist of five members of the House, and three members of the Senate, upon the disagreeing vote of the two Houses on the joint resolution providing for a revision and digest of the laws of this State; which was agreed to.

Ordered, That Messrs. Hardin, Trumbull, Dougherty, Bissell, and Drummond be said committee.

Mr. Kitchell from the committee on the Judiciary, to which was referred the bill for "An act to provide for the re-organization of the probate courts," reported the same back to the House, and recommended its rejection; and the bill was refused to be engrossed for a third reading.

Mr. Kitchell, from the same committee to which was referred a petition of citizens of Tazewell county, for the abolition of all laws which deny

223

to certain persons the right of trial by jury, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Webb, from the committee on the Judiciary, to which was referred the bill for "An act to authorize limited partnerships," reported the same back to the House, and recommended its rejection.

And the bill was refused to be engrossed for a third reading.

Mr. Carpenter, from the committee on Counties, to which was referred the bill for "An act to extend the limits of Bond county," reported the same back to the House with amendments; which were read and concurred in, and the bill

Ordered to be engrossed.

The bill for "An act to create a permanent Board of Auditors, &c;" coming up for consideration,

The question being on agreeing to the amendment proposed by Mr. Archer,

On motion of Mr. English, ,

The bill and proposed amendments were referred to the committee on Finance.

Mr. Peck, from the committee on Canals and Canal Lands, to which was referred the bill for "An act to reimburse the internal improvement fund for advancements made to the canal fund," together with an amendment, as a proviso, reported the same back to the House with an amendment to the proposed amendment; which was read and concurred in, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Abie, Bentley, Bissell, Blackman, Busey, Carpenter, Court-right, Grain, Dodge, Dollins, Dougherty, Dunlap, English, Green, Hankins, Henderson, Hicks, Hull, Humphrey, Laughliu, Leary, Logan, McCler nand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Peck, Prentice, Scott, Shepley, Turney, Wheeler, Wilson, and Mr. Speaker — 42.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Edwards, Emmerson, Francis, Froinan, Funk, Gridley, Hardin, Kitchell, Lcster, McLean, Menard, Minshall, Munsell, Olds, Parkinson, Phelps, Phillips, Reynolds, Ross, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 39.

And the bill, as amended, was

Ordered to be read the third time.

A message from the Senate, by Mr. Cloud:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have adopted the following resolutions, to wit:

Resolved by the Senate, the House of Representatives concurring herein, That the two houses will meet in the Hall of the House of Representatives on Saturday, the 16th inst., at 2 o'clock, P. M., for the purpose of electing one Fund Commissioner, one Auditor of Public Accounts, a State Treasurer, and Public Printer.

In the passage of which they ask the concurrence of the House of Representatives.

224

Mr. Webb, from the committee on the Judiciary, to which was referred the bill for "An act to require the collectors of the public revenue to receive and pay Auditor's Warrants," together with the amendments of the Finance Committee, as amended by the House, reported the same back to the House, with amendments; which were read and rejected.

Mr. Bissell moved to amend the report of the committee on Finance as follows:

"Strike out all after the enacting clause, and insert the following, to wit:

"That the Treasurer of the State of Illinois is hereby authorized and directed to pay out of the first monies received into the treasury, firSt. the amount of the civil list due and becoming due up to the second quarter of the present year; and secondly, the amount due the school fund, as is now or may hereafter be provided by law; and for this purpose the said treasurer is hereby empowered and authorized to borrow a sum sufficient for the purposes contemplated in this act, at an interest of six per cent. per annum, payable at the pleasure of the State, out of the monies due and be coming due for the taxes of 1840-41."

"SEC. 2. That from and after the passage of this act, it shall not be lawful for any collector of the public revenue to purchase Auditor's Warrants."

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Bentley, Bissell, Blackman, Busey, Carpenter, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kitchell, Leary, Lester, Logan, McClurken, McDonald,McGin nis, Moore, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Scott, Shepley, Turney, Wheeler, and Wood — 37.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Barnett, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Laughlin, McCler nand, McLean, Marshall, Menard, Minshall, Munsell, Murphy of Cook, Parkinson, Phelps, Phillips, Reynolds, Ross, Thornton, Threlkeld, Troy, Trumbull, Waters, Webb, WeSt. White, Wilson, Woodson, and Mr. Speaker — 49.

When the report of the committee on Finance, as amended, was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Baldwin, Beall, Bennett, Bentley, Bissell, Busey, Carpenter, Charles, Courtright, Grain, Denny, Dodge, Dollins, Emmerson, English, Green, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, Moore, Munsell, Mur phy of Cook, Murphy of Perry, Odam, Ormsbee, Parsons, Peck, Prentice Reynolds, Ross, Scott, Shepley, Turney, Wheeler, and Wilson-45.

Those who voted in the negative, are,

Messrs. Bailey, Barnett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cox, Cunningham, Darnielle, Dougherty, Drummond, Dunlap, Edwards, Francis, Froman, Funk, Gillespie, Grid ley, Hardin, Henderson, Hull, McClernand, McLean, Marshall, Menard, Minshall, Olds, Oliver, Parkinson, Phelps, Phillips, Thornton, Threlkeld,

225

Trumbull, Waters, Webb, WeSt. White, Woodson, Wood, and Mr. Speaker-42.

And on ordering the bill to be engrossed for a third reading,

It decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Baldwin, Bennett, Bentley, Bissell, Busey, Carpenter, Courtright, Crain, Dodge, Dollins, Emmerson, English, Green, Hankins Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McDonald, McGinnis, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam Ormsbee, Parsons, Peck, Prentice, Reynolds, Ross, Scott, Shepley Turney, Wheeler, Wilson, and Mr. Speaker — 43.

Those who voted in the negative, are,

Messrs. Bailey, Barnett, Beall, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Dougherty; Drummond, Dunlap, Edwards, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hall, McClernaDd, McClurken, McLean, Marshall, Menard, Minshall, Olds, Oliver, Parkinson, Phelps, Phillips, Thornton, Threlkeld, Troy, Trumbull, Waters, Webb, WeSt. White; Woodson and Wood — 45.

A message from the Senate, by Mr. Stapp, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed the following resolution:

Whereas Alexander Bielaski, civil engineer, executed, while in the service of the State, a map of the State of Illinois, which evinces great skill on his part, and presents in an admirable manner, the geographical and topographical character of the State; therefore,

Resolved by the Senate, the House of Representatives concurring herein,

That Mr. Bielaski be permitted to have the custody of said map for such term as he may require, for the purpose of having the same published.

In the adoption of which, they ask the concurrence of the House of Representatives.

Mr. Peck, from the committee on Finance, to which was referred a certain resolution; reported a bill for "An act in relation to incorporated towns and cities in this State;" which was read the first time, and the second time by its title, and

On motion of Mr. Murphy of Cook,

Amended by adding the following:

And also, that any part of said acts which requires a property qualification, either for the eligibility of the officers, or for the voters, be and the same is hereby repealed; when, the bill as amended, was

Ordered to be engrossed.

Mr. Odam, from the select committee to which was referred a certain petition, reported a bill for "An act to incorporate the town of Marion;" which was read the first and second times by its title; and

On motion of Mr. Odam,

Referred to the committee on Banks and other Corporations.

On motion of Mr. English,

The committee of the Whole were discharged from the further consideration of the bill for "An act to repeal all acts authorizing the prosecution of the Internal Improvement System."

226

Mr. Francis, from the select committee to which was referred the bill for "An act for the relief of the creditors of the late William Wernwag," reported the same back to the House with amendments; which were read and concurred in, and the bill, as amended,

Ordered to be re-engrossed.

Mr. Dodge, from the select committee to which was referred a certain petition, reported a bill for "An act to establish a Ferry across the Illinois river, at Peoria;" which was read the first time, and

Ordered to a second reading.

Mr. Prentice, from the select committee to which was referred the petition of Nathan Low, reported a bill for "An act for the relief of Nathan Low;" which was read the first time, and

Ordered to a second reading.

Mr. Dodge, on leave, offered for adoption the following:

Resolved, That the committee on the Judiciary be required immediately to examine and enquire into the expediency of examining the act entitled

"An act to amend the several acts incorporating the town of Galena:" approved, February 15, 1839, as follows, to wit:

In section 5 of said act, line one from bottom, strike out the words, "a citizen of the United States."

SEC. 6. In line 6 from the top, strike out the words "and shall be a citizen of the United States," and also in line one from bottom, the words "and a citizen of the United States."

SEC. 7. In line 3 from bottom, strike out "1839," and insert "1841."

SEC. 14. In bottom line, strike out the words "and civil."

SEC. 19. Line 3 from top, after the words "except the" insert the words "and."

SEC. 23. Last line after the word "to" insert "mortgage."

SEC. 36. Line, from bottom, after the word "Constitution," insert "and laws."

SEC. 36. Line one from bottom, strike out the word "or," and from last line, strike out the word "laws."

SEC. 37. Line 3 from bottom, strike out the words "counsel;" and that they also be required to enquire into the expediency of adding the following section, viz:

And be it further enacted, That the act hereby amended shall not be impaired in its force or validity by any heretofore neglect, ommission of the president and trustees, or the inhabitants of the town of Galena.

Provided, That the said president and trustees, or their successors in office, shall within six months after the passage of this amendment, proceed as directed in section 45 of said act, and that they report by bill or otherwise; which was agreed to; and

On motion,

The House adjourned until 3 o'clock, P. M.

Three O'Clock, P. M.

House met pursuant to adjournment.

On motion of Mr. Kitchell,

Resolved, That the 45th rule of this House is hereby so amended, that hereafter the morning hour of meeting shall be at 9 o'clock.

227

The bill for "An act to extend the bounds of Cass county," coming up for consideration,

Mr. West demanded a call of the House; pending the call,

The Speaker laid before the House a communication from the Governor, enclosing a letter from A. H. Bangs, of New York; which was read, and

On motion of Mr. Dodge,

Referred to the committee on Finance.

Also, a communication from the Treasurer, in answer to a call of this House for information in relation to the amount of money expended by internal improvement commissioners at Quincy, Peoria, and Peru; which was read, and

On motion of Mr. Edwards,

Referred to the select committee appointed to investigate the Accounts the Board of Public Works.

The Senate resolution providing for the election of Auditor of Public accounts, Treasurer, Public Printer and Fund Commissioner, on Saturday, next, coming up for consideration,

On motion of Mr. Bissell,

The same was amended by striking out, "Fund Commissioner," by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Baldwin, Barnett, Bennett; Bissell, Blackman, Brown Vermilion, Busey, Carpenter, Cavarly, Charles, Cox, Courtright, Crain, Denny, Dodge, Dollins, Drummond, Dunlap, Edwards, Emmerson, English, Green, Gridley, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, McClernand, McClurken, McDonald, MnGinnis, McLean, Marshall, Moore, Munsell, Odam, Oliver, Ormsbee, Prentice, Reynolds, Ross, Scott, Shepley, Troy, Trumbull, Turney, Waters, WeSt. Wheeler, Wilson, Woodson, Wood, and Mr. Speaker — 57.

Those who voted in the negative, are,

Messrs. Able, Bailey, Beall, Bentley, Bradford, Brown of Sangamon, Cavarly, Cunningham, Darnielle, Dougherty, Francis, Froman, Funk, Gillespie, Hardin, Henderson, Hull, Logan, Menard, Minshall, Murphy of Perry, Olds, Parkinson, Parsons, Phelps, Phillips,Thornton, Webb, and White — 29.

When, the Doorkeeper having reported under the call of the House.

The consideration of the bill extending the limits of Cass county, was resumed;

And the bill was indefinitely postponed, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Gillespie, Green, Gridley, Hankins, Hardin, Henderson, Hicks, Hull, Laughlin, Leary, McClurken, McLean, Menard, Minshall, Moore, Munsell, Parkin-son, Phelps, Phillips, Prentice, Reynolds, Ross, Threlkeld, Troy, Trumbull, Webb, Wilson, Woodson, Wood, and Mr. Speaker — 48.

Those who voted in the negative, are,

Messrs. Baldwin, Bentley,Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Funk, Humphrey,

228

Lester, McDonald, McGinnis, Marshall, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Peck, Turney, WeSt. Wheeler, and White — 28.

And the Senate resolutions in relation to the election of certain officers on Saturday next, coming up for consideration,

On motion of Mr. Bissell,

The resolution was amended by adding Prosecuting Attorney second judicial circuit; and

On motion of Mr. Ross,

The resolution was further amended by adding Prosecuting Attorney for the fifth judicial circuit.

Mr. Woodson moved to amend by adding "also Canal Commissioner."

Mr. Dollins moved to lay the motion to amend on the table; when,

On motion,

The House adjourned.

Friday, January 15, 1841.

House met pursuant to adjournment.

Mr. Crain, from the committee on Engrossed Bills, reported as correctly engrossed, the bill for "An act for the, relief of Elizabeth Hart."

Mr. Murphy of Cook presented the petition of citizens of Lake county, in relation to the relocation of the county seat; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Denny presented the petition of citizens of Warren county, concerning a division of said county.

Mr. Denny moved to refer said petition to the committee on Counties; which, without reading,

On motion of Mr. Carpenter,

Was laid on the table.

Mr. Dodge presented the petition of citizens of Cook and Kane counties; for a turnpike company; which, without reading, on his motion, was referred to the committee on Batiks and other Corporations.

Mr. White presented the petition of M. L. Knapp; which was read, and

On motion of Mr. White,

Referred to the committee on Agriculture and Manufactures.

Mr. Drummond presented the petition of citizens of Boone and De kalb counties, for extending the limits of Boone county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Hardin offered for adoption the following resolution:

"Resolved, That the rule adopted on yesterday in relation to the meeting of this House at 9 o'clock, be postponed until the first day of February next;" which was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Bailey, Barnett, Beall, Bennett, Bissell, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Carpenter, Cavarly, Charles, Crain, Darnielle, Denny, Dodge, Edwards, English, Francis, Gillespie, Green, Hankins, Hardin, Henderson, Hicks, Hull, Humphrey, Laughlin, Leary, Lester, Logan, McClurken, McClernand, McDonald, McLean, Marshall, Menard, Minshall, Munsell, Murphy of Cook, Oliver, Parkinson

229

Peck,Phillips, Prentice, Reynolds, Ross, Scott, Shepley, Thornton, Threlkeld, Troy, Turney, Webb, WeSt. Woodson, Wood, and Mr. Speaker-59.

Those who voted in the negative, are,

Messrs. Archer, Blackman, Canady, Courtright, Cox, Dollins, Drummond, Dunlap, Emmerson, Froman, Funk, Gridley, Kelly, Kitchell, McGinnis Moore, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Trumbull, Waters, Wheeler, White, and Wilson — 26.

A message from the Senate, by Mr. Stapp, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have passed bills of the following titles, viz:

A bill for "An act to authorize the county commissioners of Jefferson county to borrow money:"

"An act to amend an act entitled An act to incorporate the, town of Jacksonville, and for other purposes;"

"An act to increase the compensation of the county commissioners' clerk of Greene county for ex officio services;"

"An act to amend an act to incorporate the town of Rushville," approved March 2, 1839;

"An act to provide for the payment of certain debts due from the State to the bank?;"

In the passage of which they ask the concurrence of the House of Representatives.

They have concurred with the House of Representatives in the passage of bills of the following titles:

"An act to vacate a part of the town plat of the town of Griggsville;"

"An act to repeal an act incorporating the town of Juliet."

They have also concurred in the passage of a bill for "An act in relation to a road therein named," as amended by them.

The Senate have also concurred with them in the passage of a resolution having for its object the raising of a joint select committee, consisting of three on the part of the House, and two on the part of the Senate, to draft a memorial to Congress, praying the passage of a law authorizing the inhabitants of townships of land appropriated to the use of schools and seminary purposes, when the same, or any of the subdivisions thereof, shall be wholly useless, or greatly diminished in value, by reason of inundation or other causes, to locate other lands belonging to the United States, and not otherwise appropriated, in lieu thereof;

And have appointed Messrs. Churchill and Wood the committee on the part of the Senate.

They have also concurred with them in the passage of a preamble and resolution adopting the census taken for the United States in the county of Cass, to be taken and considered as the census for said county.

The Senate have refused to concur with the House of Representatives in the passage of a bill for "An act to authorize Charles Sanburn, a minor, to execute a deed to the person therein named."

In compliance with a resolution of the House of Representatives, the report of the committee of investigation on contracts for the improvement of the Upper Rapids of Rock river, is here with transmitted.

The bill for "An act to repeal all acts authorizing the prosecution of the internal improvement system," coming up for consideration, the question

230

being on the adoption of the amendment proposed by Mr. Munsell substitute for the original bill, after discussion, and before the vote taken,

The House adjourned to 3 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

Senate bill for "An act making an appropriation for work done upon the State House and materials furnished," was read the first time, and the second time by its title, and,

On motion of Mr. Cavarly,

Referred to the committee on Finance.

Mr. Bissell, on leave, introduced a bill for "An act in relation to the school fund;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Murphy of Cook, on leave, introduced a bill for "An act for the relief of James McKee;" which was read the first time, and the second time by its title, and,

On motion of Mr. Ross,

Referred to the committee on the Judiciary.

Senate bill for "An act to provide for the safe keeping and disbursement of the public revenue," was read the second time, and,

On motion of Mr. Trumbull,

Referred to the committee on the Judiciary.

Senate resolution providing for the election of certain officers, on Saturday next, coming up for consideration,

Mr. Peck moved to lay the resolution and amendments on the talk which was not agreed to;

And the question being on agreeing to the amendment proposed by Mr. Woodson, to elect Canal Commissioners also,

Mr. Dollins moved to lay the proposed amendment on the table; which was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, Hankins, Henderson, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClernand, Mc Donald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Wheeler, Wilson, Woodson, and Mr. Speaker — 42.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Barnett, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cox, Gunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Hull, Leary, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. White, and Wood — 40.

231

Mr. Gridley moved to amend by adding as follows:

"And State's Attorneys in the firSt. third, fourth, sixth, seventh, eighth, and ninth Judicial Circuits in this State," which,

On motion of Mr. Courtright,

Was laid on the table.

Mr. White moved the reconsideration of the vote taken yesterday on striking out "Fund Commissioner;" which was agreed to, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Bentley, Bradford, Brown of Sangamon Brown of Vermilion, Cox, Cunningham, Darnielle, Denny, Dougherty, Emmerson, Francis, Froman, Funk, Green, Gridley ,Hardin, Henderson, Hull, Logan, McDonald, Marshall, Menard, Minshall, Munsell, Murphy of Perry, Oliver, Parkinson, Parsons, Peck, Phelps, Phillips, Prentice, Scott, Thornton, Threlkeld, Webb, WeSt. White, and Woodson — 44.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Drummond, Dunlap, Edwards, Gillespie, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, McClernand, McOIurken, McGinnis, McLean, Moore, Murphy of Cook, Odam, Olds, Ormsbee, Reynolds, Ross, Shepley, Troy, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker — 42.

And the question recurring on the motion to strike out "Fund Commisioner,"

It was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are.

Messrs. Baldwin, Barnett, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Drummond, Dunlap, Edwards, Green, Hankins, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, McClernand, McClurken, McDonald, McGinnis, McLean, Moore, Murphy of Cook, Odam, Olds, Oliver, Ormsbee, Reynolds, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, Wilson, and Wood — 43.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cox, Cunningham, Darnielle, Denny, Dougherty, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Hendereon, Hicks, Hull, Logan, Marshall, Menard, Minshall, Munsell, Murphy of Perry, Parkinson, Parsons, Peck, Phelps, Phillips, Prentice, Thornton, Threlkeld, Troy, Webb, WeSt. White, Woodson, and Mr. Seaker — 44.

Mr. Bissel moved to amend the resolution by striking out "Saturday the sixteenth," and inserting "Monday the eighteenth;" which was not agreed to.

Mr. Dodge moved to amend by striking out "Saturday the sixteenth," and inserting "Tuesday the nineteenth;" which was not agreed to.

Mr. Ormsbee moved to amend by striking out "Saturday the sixteenth," and inserting "Saturday the 23d inst.;" which was not agreed to, by yeas and nays, as follows:

232

Those who voted in the affirmative, are,

Messrs. Baldwin, Bissell, Blackman, Busey, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, Green, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McGinnis, Moore,Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Reynolds, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, Wilson, Wood, and Mr. Speaker — 41.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Barnett, Beall, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hankins, Hardin, Henderson, Hull, McDonald, McLean, Marshall, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Ross, Thornon, Threlkeld, Troy, Webb, WeSt. White, and Woodson-44.

Mr. Lester moved to lay the resolution on the table.

Mr. Wood demanded a call of the House; and the roll having been called over,

Further proceedings under the call were dispensed with.

Mr. McClernand moved that the House adjourn; which was agreed to by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Barnett, Bentley, Bissell, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Hankins, Hardin, Hicks, Hull, Humphrey, Kelly, Kitchell, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Murphy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parkinson, Parsons, Peck, Prentice, Reynolds, Scott, Shepley, Thornton, Troy, Turney, Waters, Wheeler, White, Wilson, and Mr. Speaker — 45.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Baldwin, Beall, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cox, Cunningham, Darnielle, Denny, Dougberty, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Green, Gridley, Henderson, Laughlin, McLean, Menard, Minshall, Moore, Munsell, Olds, Phelps, Phillips, Ross, Threlkeld, Trumbull, Webb, WeSt. Woodson, and Wood — 42.

Saturday, January 16, 1841.

House met pursuant to adjournment.

Mr. Murphy of Cook, presented the petition ,of citizens of Will county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. WeSt. on leave, introduced a bill for "An act to provide for the collection of taxes, for the year 1839, in Cass county;" which was read the firSt. time, and the second lime by its title, and

On motion of Mr. Woodson,

Referred to a select committee.

233

Ordered, That Messrs. Woodson, WeSt. and Troy, be said committee.

Mr. Green presented the petition of citizens of Clay county, for a mill dam across Big Muddy river; which, without reading, on his motion, was referred to the same committee to which was referred other petitions on the same subject.

Mr. Barnett presented the petition of citizens of Macon and Christian counties for a State road; which, without reading, on his motion, was referred to the same select committee to which was referred petitions on the same subject.

Mr. Leary, from the committee on Engrossed Bills, reported as correctly engrossed, bills for "An act for the relief of the creditors of the late William Wernwag;" and

"An act to extend the limits of Bond county."

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred a certain resolution, made a report, and introduced a bill for "An act to increase the State Directory in the State Bank of Illinois;" which was read the first and second times; when

Mr. Peck moved that the report and bill be laid on the table, and one thousand copies thereof be printed for the use of this House, and a division of the question being demanded,

The bill and report were laid on the table, and the motion to print one thousand copies was decided in the affirmative, by yeas and nays, as follows,

Those who voted in the affirmative, are,

Messrs. Barnett, Bissell, Blackmail, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 15.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Green, Gridley, Hardin, Henderson, Hull, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 41.

Mr. Logan, from the committee on Salines and Saline Lands, reported a bill for "An act in relation to the payment of Auditor's Warrants;" which was read the first and second times; and

Mr. Munsell moved to strike out the enacting clause of the bill.

Mr. Carpenter demanded the previous question, which was sustained.

The motion to strike out the enacting clause was decided in the negative by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cavarly, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis,Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, McLean, Minshall, Munsell, Ormsbee, Parkinson,

234

Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, Woodson and Mr. Speaker — 37.

Those who voted in the negative, are,

Messrs. Able, Baldwin, Barnett, Beall, Bentley, Bissell, Blackman, Busey, Carpenter, Courtright, Grain, Dodge, Dollins, Dougherty, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Menard, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, WeSt. Wheeler, White, Wilson, and Wood — 50.

And the bill was

Ordered to be engrossed for a third reading.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred the petitions of citizens of Kane and Cook counties, for a turnpike company; reported the same back to the House; and the petition was referred to the committee on State Roads.

Mr. Dodge, from the committee on Banks and other Corporations, to which was referred a bill for "An act to authorize Lester Banks, Alanson House, and their associates, to build a mill-dam across Rock river," reported the same back to the House, without amendments; when the bill was

Ordered to be engrossed for a third reading.

Mr. Bissell, from the committee on Banks and other Corporations, to which was referred the petition of the President and Trustees of the town of Belleville, in St. Clair county, reported the same back to the House and was discharged from the further consideration of the same.

Mr. Carpenter, from the committee on Counties, to which was referred the petitions of citizens of La Salle and Kane counties, reported a bill for "An act to create the county of Orange;" which was read the first time, and

Ordered to a second reading.

Mr. Murphy of Cook, from the committee on Banks and other Corporation, introduced a bill for "An act to authorize the building of a toll drawbridge, across the Calumet river;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Kitchell, from the committee on the Judiciary, to which was referred a certain petition, reported a bill for "An act to repeal An act, incorporating the town of Shelbyville;" which was read the first time, and

Ordered to a second reading.

Mr. Kitchell, from the committee on the Judiciary, introduced a bill for "An act to amend ‘An act, relative to criminal jurisprudence;’" which was read the first time, and

Ordered to a second reading.

Mr. Peck, from the committee on Finance, to which was referred a petition from citizens of Edgar county, in relation to "tippling houses and groceries," reported the same back to the House, and the petition being read, the committee were discharged from the further consideration thereof.

Mr. Carpenter, from the committee on Counties, to which was referred the petition of citizens of La Salle county, reported a bill for "An act to

235

create the county of Grundy, from the county of La Salle;" which was read the first time, and

Ordered to a second reading.

Mr. Ormsbee, from the select committee to which was referred a resolution of enquiry, in relation to public printing, made a report, which was read; and introduced a bill for "An act supplemental to ‘An act, defining the duties of Public Printer, and fixing the time and manner of performing the same,’" which was read the first time, and

Ordered to a second reading.

Also, a bill for "An act providing for the election of a Public Binder," which was read the first time, and

Ordered to a second reading.

Mr. English, from the select committee to which was referred the petition of M. Smith, for a divorce, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Dodge moved that the report made by Mr. Ormsbee, from the select committee appointed to examine into the expenditures for public printing, be laid on the table, and one thousand copies thereof be printed.

And a division of the question being demanded, the report was laid on the table.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed bills of the following titles, viz:

"An act to build a bridge across Macoupin creek, in Greene county,"

"An act authorizing administrators to settle estates in particular cases,"

"An act to locate a State road from Shelbyville to Mint Point, in Coles county,"

"An act to authorize the county commissioners of Pike county to execute a certain conveyance;"

"An act to enable the executors of James Hays, deceased, to sell real estate for the payment of debts, and redemption of land;"

In the passage of which they ask the concurrence of the House of Representatives.

They have concurred with the House of Representatives in the passage of a bill for "An act for the formation of the county of Pike."

They have also concurred with them in the adoption of a resolution, having for its object the raising of a joint select committee, to ascertain whether file negotiations of canal bonds made by Wm. F. Thornton, was made in conformity with law, and what proceedings, if any, are necessary, relating to the security of the State bonds sold and unsold, both in Europe and America. And have appointed Messrs. Gatewood, Hacker and Hamlin the committee on the part of the Senate.

Also, they have concurred with them in the passage of a resolution, asking for a committee of conference upon the disagreeing vote of the two Houses, on the joint resolution providing for a revision and digest of the laws of this State; and have appointed Messrs. Little, Pearson, and Slocumb the committee on the part of the Senate.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed the following bill:

"An act fixing the time of holding courts in the sixth judicial circuit;"

236

In the passage of which, they ask the concurrence of the House of Representatives.

They have indefinitely postponed the further consideration of a bill, en titled "An act extending the duties of notaries public."

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate, to inform the House of Representatives, that they have concurred with them in the passage of a bill for "An act for the formation of the county of Mason:"

They have also concurred with them in the passage of a bill for "An act to incorporate the town of Macomb," as amended by them.

In which amendment, they ask the concurrence of the House of Representatives; when,

On motion,

The House adjourned.

Monday, January 18, 1841.

House met pursuant to adjournment.

On motion of Mr. English,

"Resolved, That so soon as the call for petitions is gone through with, the orders of the day shall be taken up, and nothing else shall be in order until they are gone through with."

Mr. Murphy of Cook presented the petition of citizens of McHenry county for a relocation of the county seat of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Waters presented the petition of citizens of Hardin and Gallatin counties; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Shapley presented the petition of citizens of Menard county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Leary presented the petition of the commissioners of Cook county; praying a change in the license law; which, without reading, on hi? motion, was referred to the committee on the Judiciary.

Also, the petition of citizens of Chicago, in relation to the city charter; which, without reading, on his motion, was referred to the same select committee to which was referred a bill on the same subject.

Mr. Thornton presented the petition of citizens of Winnebago county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Ross presented the petition of Cannah Jones, which, without reading, on his motion, was referred to the committee on Finance.

On motion of Mr. Leary,

The following additional rule was adopted:

"No. 40. A motion to print shall be decided without debate."

Mr. Bissell moved the reconsideration of the vote on the adoption of the above rule; which was decided in the negative, by yeas and nays, as follows:

237

Those who voted in the affirmative, are,

Messrs. Baldwin, Bissell, Brown of Sangamon, Brown of Vermilion, Busey, Carpenter, Cavarly, Charles, Courtright, Cox, Grain, Cunningham, Denny, Dodge, Drummond, Edwards, Gridley, Henderson, Hull, Oliver, Ormsbee, Parkinson, Phelps, Phillips, Reynolds, Trumbull, Wheeler, Woodson, Wood, and Mr. Speaker-30.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Barnett, Beall, Bentley, Blackman, Canady, Dollins, Dougherty, Dunlap, Emmerson, English, Francis, Froman, Gillespie, Green, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McDonald, McGinnis, McLean, Marshall, Menard, Minshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds, Parsons, Peck, Prentice, Ross, Scott, Shepley, Thornton, Threlkeld, Troy, Turney, Waters, Webb, White, and Wilson — 51.

And the question recurring on the motion to print one thousand copies of the report of the select committee of investigation into the accounts of the Public Printer,

Mr. Busey moved to print two thousand copies; which was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Busey, Hicks, and Mr. Speaker — 3.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Baldwin, Barnett, Beall, Bentley, Bissell, Blackman, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Cavarly, Charles, Courtright, Cox, Crain, Cunningham, Denny, Dodge, Dollins, Dougherty, Drummond, Dunlap, Edwards, Emmerson, English, Francis, Froman, Gillespie, Green, Gridley, Hankins, Henderson, Hull, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McDonald, McGinnis, McLean, Marshall, Menard, Minshall, Moore, Munsell, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parkinson, Parsons, Peck, Phelps, Phillips, Prentice, Reynolds, Ross, Scott, Shepley, Thornton, Threlkeld, Troy, Trumbull, Turney, Waters, Webb, Wheeler, White, Wilson, Wood-son, and Wood — 77.

And the motion to print one thousand 6opies was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bissell, Busey, Cavarly, Courtright, Grain, Dodge, Dollins, Dougherty, English, Green, Hankins, Hicks, Humphrey, Lester, Logan, McDonald, Marshall, Murphy of Cook, Murphy of Perry, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Scott, Shepley, Trumbull, Turney Wheeler, White, Wilson, Wood, and Mr. Speaker — 35.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Barnett, Beall, Bentley, Blackman, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Charles, Cox, Cunningham, Denny, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Henderson, Hull, Kitchell, Laughlin, Leary, McGinnis, McLean, Menard, Minshall, Moore, Munsell, Odam, Parkinson, Phelps, Phillips, Reynolds, Ross, Thornton, Threlkeld, Troy, Waters, Webb and Woodson — 46.

238

Mr. Shepley moved the printing of five hundred copie's; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Busey, Cavarly, Courtright Crain, Dodge, Dollins, Dougherty, Dunlap, English, Green, Hankins, Hicks, Hull, Humphrey, Laughlin, Lester, Logan, McClernand, McDonald, McGinnis, Marshall, Murphy of Cook, Murphy of Perry, Olds, Oliver, Parsons, Peck, Prentice, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 41.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Blackman, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Charles, Cox, Cunningham Denny, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hcnderson, Kitchell, Leary, McLean, Menard, Minshall, Moore, Munsell, Odam, Ormsbee, Parkinson, Phelps, Phillips, Reynolds, Ross, Thornton, Thielkeld, Troy, Waters, Webb, and Woodson — 41.

Mr. Odam moved the printing of one hundred and fifty copies.

Mr. Webb moved to lay the motion to print on the table; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Blackman, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunmngham, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Henderson, Hull, Leary, McLean, Marshall, Menard, Minshall, Munsell, Parkinson, Parsons, Phelps, Phillips, Prentice, Ross, Thornton, Threlkeld, Troy, Waters, Webb, and Woodson — 40.

Those who voted in the negative, are,

Messrs. Barnett, Bentley, Bissell, Busey, Carpenter, Cavarly, Courtright, Grain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Lester, Logan, McClernand, McDonald, McGinnis, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Peck, Reynolds, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 41.

Mr. Cavarly moved to print four hundred and fifty copies; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are, Messrs. Baldwin, Barnett, Bentley, Bissell, Busey, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks; Hum phrey, Laughlin, Lester, Logan, McClernand, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Olds, Oliver, Parsons Peck, Prentice, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 40.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Blackman, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Charles, Cox, Cunningham, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis,Froman, Gillespie, Gridley, Henderson, Hull, Kitchell, Leary, McLean, Menard, Minshall, Munsell, Odam, Ormsbee, Parkinson, Phelps, Phillips,Reynolds, Ross, Thornton, Threlkeld, Troy, Waters, Webb, and Woodson-42.

When,

239

On motion of Mr. Cavarly,

Four hundred copies were ordered to be printed, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Laughlin, Lester, Logan, McClernand, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Olds, Oliver,Ormsbee, Parsons, Peck, Prentice, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 43.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Henderson, Hull, Kitchell, Leary, McLean, Menard, Minshall, Munsell, Odam, Parkinson, Phelps, Phillips, Reynolds, Ross, Threlkeld, Troy, Waters, Webb, and Woodson — 38.

Engrossed bill for "An act to extend the limits of Bond county," was read the third time, and,

On motion of Mr. Gillespie,

Referred to a select committee,

Ordered, That Messrs. Gillespie, Bentley, and Baldwin be said committee.

Engrossed bill for "An act fixing the time of holding the circuit courts in the first Judicial Circuit," was read the third time and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Senate bill for "An act to establish the county of Henderson," was read she third time, and passed.

Ordered, That the title be as aforesaid, and that the Clerk: inform the Senate thereof.

Engrossed bill for "An act for the relief of the creditors of the late William Wernwag," was read the third time, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Engrossed bill for "An act for tile relief of Elizabeth Hart," was read the third time, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Engrossed bill for "An act authorizing the Governor to make a deed," was read the third time, and,

On motion of Mr. Cavarly,

Amended by striking out "William Kinney" and inserting "Murray McConnel," and passed.

Ordered That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Engrossed bills for "An act concerning the town of Belvidere;"

"An act in relation to free negroes and mulattoes;"

"An act to authorize the Sheriff of Gallatin county to make a deed to Daniel Wood for a tract of land therein named;"

240

"An act to provide for draining mill-dams on the Mackinaw creek," were severally read the third time, and passed.

Ordered, That the titles be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein; when,

On motion,

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

Engrossed bills for "An act to vacate town plats," and

"An act changing a town plat therein named," were severally read the third time, and passed.

Ordered, That the titles be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Engrossed bill for "An act to prevent the unlawful driving away of cat e and other stock, by drovers and others" was read the third time, and

Mr. Olds moved to amend the bill by adding the following proviso:

"Provided, That no individual or individuals who may be engaged in driving hogs through our country, or to market, (should any stock or fat hogs falling into their drove be left at the place where they may stop for the first night after said stock shall have fallen into their drove,) shall be subject to the penalties of this bill; and that no person or persons who may be driving other stock, (should any stock falling into their drove be left at the first premises on the road, having a suitable lot or enclosure for separating them from the drove.) shall be subject to the penalties of the above bill."

Mr. Dollins moved to lay said proviso on the table, which was agreed to.

And a call of the House being demanded by Mr. Turney,

The House took up for consideration the bill for "An act to amend an act, entitled ‘An act in relation to the State Bank of Illinois;’" approved, January 31, 1840; which was read the third time, and before any vote was taken, the Door keeper reported.

And the House resumed the consideration of the bill for "An act to prevent the unlawful driving away of cattle and other stock, by drovers and others," which was passed;

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

The bill for "An act to amend an act, entitled ‘An act in relation to the State Bank of Illinois;’" approved January 31, 1840, was again taken up for consideration, and

Mr. Henderson moved to amend the bill by striking out "Chicago" and inserting "Lacon."

Which was decided in the negative, by, yeas and nays, as follows:

241

Those who voted in the affirmative, are,

Messrs. Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cunningham, Darnielle, Denny, Dougherty, Emmerson, Froman, Gridley, Hankins, Henderson, Logan, McLean, Menard, Min-shall, Parkinson, Phillips, Thornton, Threlkeld, Troy, and Wood — 29.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Cox, Crain, Dollins, Drummond, Dunlap, Edwards, English, Francis, Gillespie, Green, Hardin, Hicks, Hull, Humphrey, Kitchell, Laughlin, Leary, Lester, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Munscll, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Phelps, Prentice, Reynolds, Ross, Scott, Shepley, Trumbull, Turney, Waters, Webb, Wheeler, White, Wilson, Woodson, and Mr. Speaker-58.

Mr Dougherty moved to amend by adding after the word Chicago "or any other place the bank may think proper;" which was not agreed to, and on the passage of the bill;

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Barnett, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Carpenter, Court-right, Cox, Denny, Drummond, Edwards, English, Francis, Froman, Gillespie, Green, Hardin, Henderson, Hull, Humphrey, Laughlin, Leary, Lester, Logan, McClurken, McGinnis, McLean, Menard, Minshall, Munsell, Murphy of Cook, Murphy of Perry, Odam, Parldnson, Parsons, Phelps, Phillips, Prentice, Reynolds, Scott, Shepley, Threlkeld, Troy, Waters, Webb, White, Wilson, Woodson, and Mr. Speaker — 54.

Those who voted in the negative, are,

Messrs. Baldwin, Beall, Bentley, Bissel!, Cavarly, Charles, Crain, Cunningham, Darnielle, Dollins, Dougherty, Dunlap, Emmerson, Gridley, Hankins, Hicks, Kitchell, McClernand, McDonald, Marshall, Moore, Olds, Oliver, Ormsbee, Peck, Ross, Trumbull, Turney, Wheeler, and Wood — 30.

Engrossed bill for "An act to extend the provisions of an act, entitled ‘An act to provide for the dedication of lots in towns situated on canal lands to public purposes;’" approved February 28, 1839.

Was read the third time, and passed, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Baldwin, Beall, Bentley, Bissell, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Cavarly, Courtright, Darnielle, Denny, Dollins, Dougherty, Drummond, Dunlap, Edwards, Emmerson, English, Francis, Froman, Green, Gridley, Hardin, Leary, Logan, McClurken, McDonald, McGinnis, Marshall, Me-nard, Minshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Olds, Parsons, Peck, Phillips, Prentice, Thornton, Trumbull, Waters, Webb, Wheeler, White, Wilson, and Woodson — 53.

Those who voted in the negative, are,

Messrs. Bennett, Cox, Gillespie, Hankins, Henderson, Hull, Humphrey, Kitchell, Laughlin, Lester, McClernand, McLean, Odam, Oliver, Ormsbee,

242

Parkinnson, Phelps, Reynolds, Ross, Scott, Shepley, Threlkeld , Troy Turney, Wood, and Mr. Speaker — 26.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted the following resolution:

Resolved by the Senate, the House of Representatives concurring herein,

That no new business shall be introduced at this session of the General Assembly, after the 26th day of January instant, and that it will adjourn sine die on Monday the 15th day of February next.

In the passage of which they ask the concurrence of the House of Representatives.

A message from the Governor, by Mr. Douglass, Secretary of State:

Mr. Speaker: I am directed by the Governor to lay before the House of Representatives two written communications.

Engrossed bill for "An act to incorporate the Marion Academy inWilliamson county," was read the third time by its title, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Engrossed bill for "An act to locate, alter, and relocate certain State roads," was read the third time by its title, and

On motion of Mr. Oliver.

Amended by adding the following proviso at the end of the second section:

"Provided, That the commissioners mentioned in this section shall not review said road any farther in the direction of Vienna, than the Big Bay creek in Pope county," when the bill was passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

Senate bill for "An act to repeal an act, entitled An act making an appropriation for a library for the use of the Legislature and Supreme Court, and also to repeal a bill allowing a premium on wolf scalps," was read the third time, and passed, as amended, and

On motion of Mr. Webb,

The title of the bill was amended by striking out the word "repeal" in the first line of the title, and the words "and also to repeal a bill allowing a premium on wolf scalps."

Ordered, That the title be as amended, and that the Clerk inform the Senate thereof, and ask their concurrence in the amendments thereto.

Senate bill for "An act to authorize the removal of the seat of justice of Adams county," was read the third time, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof.

Senate bill for "An act in relation to pedlars," was read the third time and

On motion of Mr. Peck,

Referred to the committee on Finance.

Senate bill for "An act to reimburse the internal improvement fund for advancements made to the canal fund," was read the third time, and

Mr. Kitchell moved to amend by adding the following as an additional section:

243

"SEC-The money above provided for shall, when received, be approved to the payment of debts now due from the internal improvement system;" which,

On motion of Mr. Dougherty,

Was laid on the table.

Mr. Wheeler moved to amend the bill, which was ruled out of order by Mr. Woodson, who temporarily occupied the chair; from which decision Mr. Wheeler appealed.

And on the question, shall the decision of the chair stand as the judgment of the House? It was decided in the affirmative.

Mr. McLean moved to amend the bill by striking out all after the enacting clause, and inserting the following:

"That the Governor be, and he is hereby required to cause to be paid the fund Commissioner any balance which may be due from the canal fund to the internal improvement fund, out of the first funds which may be received from the sale of canal bonds."

Mr. Cavarly moved to amend by inserting after the enacting clause,

"That all laws and parts of laws, authorizing the Governor to sell State bonds or internal improvement bonds, be and the same are hereby repealed; and the Governor is hereby authorized to reclaim and repossess himself of all bonds now in the hands of Wright & Co., of London, and all other bonds not sold in the hands of the agents of the State; which by the chair (Mr. Woodson) was ruled out of order;" when

The House adjourned.

Tuesday, January 19, 1841.

House met pursuant to adjournment.

Mr. Grain, from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following titles:

"An act to authorize the building of a toll draw-bridge across the Calumet river,"

"An act in relation to the payment of Auditor's warrants;"

"An act in relation to the school fund;"

"An act to authorize Lester Barker, Alanson House, and their associates to build a mill-dam across Fox river.

Mr. Francis presented the petition of citizens of Sangamon county, for a new county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Waters presented the remonstrance of citizens of Hardin county, against a division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Bennett presented the petition of citizens of Menard county for extending the limits of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Barnett Presented the petition of Nancy C. Dye; which, without extending on his motion, was referred to the committee on the Judiciary.

244

Mr. Leary, from the committee on Enrolled Bills, reported as follows:

The committee on enrolled bills have this day laid before the Council of Revision a bill for "An act fixing the time of holding courts in the sixth judicial circuit.

Mr. Francis presented the petition of citizens of Sangamon county for privilege to build a mill-dam across Sangamon river; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Francis, White, and Brown of Sangamon be said committee.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed a bill of the following title, viz:

A bill for "An act to legalize certain acts of the Clerk of the circuit court of Coles county."

In which, they ask the concurrence of the House of Representatives.

Mr. Archer presented the petition of canal contractors, in relation to canal commissioners; which was read, and on his motion, laid on table.

Mr. Murphy of Cook presented the petition of 1440 citizens, living on the line of the canal, remonstrating against the re-election of the present Board of Canal Commissioners; which was read, and on his motion laid on the table.

Mr. Cavarly presented the petition of Horatio N. Bell; which, without reading, on his motion, was referred to the committee on Counties.

And the bill for "An act to reimburse the internal improvement fund for advancements made to the canal fund," coming up for consideration,

The question recurring on Mr. McLean's proposed amendment thereto,

The amendment was rejected.

Mr. Dollins moved to amend the bill by adding the following:

"And that the amount due the internal improvement fund under the above recited loan, when paid to the Fund Commissioner, shall be expressly applied to extinguishing the interest on the internal improvement debt, and for no other purpose whatever," when,

On motion of Mr. Bentley,

The bill and proposed amendment were laid on the table by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Baldwin, Barnett, Bentley, Bissell, Busey, Canady, Carpenter, Cavarly, Charles, Courtright, Cunningham, Darnielle, Denny, Dunlap, Edwards, Emmerson, English, Froman, Humphrey, Laughlin, Lester, McDonald, McGinnis, Marshall, Moore, Munsell, Odam, Ormsbee, Parkinson, Parsons, Prentice, Ross, Shepley, Threlkeld, Trumbull, Wheeler, Wilson, and Woodson — 42.

Those who voted in the negative, are,

Messrs. Able, Archer, Beall, Bcnnett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Grain, Dodge, Dollins, Dougherty, Drum mond, Francis, Gillespie, Green, Gridley, Hankins, Hardin, Henderson, Hicks, Hull, Kitchell, Leary, Logan, McClernand, McLean, Murphy of Cook, Murphy of Perry, Oliver, Peck, Phillips, Reynolds, Scott, Thornton, Turney, Waters, Webb, White, Wood, and Mr. Speaker-41.

245

The bill for "An act to create the county of Orange," was read the second time by its title, and

On motion of Mr. Peck,

The bill was amended by striking out the word "Orange" wherever it occurs in the bill, and insert the word "Kendall" in its place, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Bradford, Busey, Carpenter, Cavarly, Courtright, Grain, Dodge, Dollins, Dougherty, Dunlap, English, Green, Gridley, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, Lincoln, McClernand, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 51.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond Edwards, Emmerson, Francis, Froman, Gillespie, Hardin, Henderson, Hull, McLean, Menard, Munsell, Parkinson, Phelps, Phillips, Reynolds, Threlkeld, Thornton, Troy, Waters, Webb, and Woodson — 34.

Mr. Gillespie moved further to amend the bill by inserting the words "honest Amos" before the words "Kendall," which motion,

On motion of Mr. Bissell,

Was laid on the table.

And the bill was then ordered to be engrossed, by yeas and nays, as follows;

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Bradford, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Green, Gridley, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, McClernand, McDonald, McGinnis, Marshall, Menard, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parkinson, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, White, Wilson, Wood, and Mr. Speaker

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Darnielle, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Henderson, Hull, McLean, Min-shall, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Webb, and Woodson-27.

The bill for "An act to create the county of Grundy, from the county of LaSalle," was read the second time, and

Mr. Logan moved to amend the bill by striking out "fifteen acres" as a donation for the county seat, and insert "three acres."

Mr. Woodson moved to strike out the third section; when,

On motion of Mr. McClernand,

The bill was referred to the committee on Canals and Canal Lands; and

The House adjourned until 2 o'clock.

246

Two O'Clock, P. M.

House met pursuant to adjournment.

The bill for "An act to extend the location of the Darwin and Charles ton turnpike, from Charleston to Springfield," was read the second time, and

On motion of Mr. White,

The bill was amended by inserting "Mount Auburn" after the word "Charleston," in the first section; when,

The bill was informally laid aside, and the House took up the bill for "An act to repeal an act incorporating the town of Shelbyville," which was read the second time, and

Ordered to be engrossed.

The bill for "An act to amend an act, entitled ‘An act in relation to special bail,’" approved January,26, 1827, was read the second time, and

On motion of Mr. Leary,

Referred to the committee on the Judiciary.

The bill for "An act to amend an act relative to criminal jurisprudence," was read the second time, and

Mr. Leary moved to amend the bill by adding the following as an additional section:

"The punishment of death for crime is hereby abolished, and any per son or persons convicted of the crime of treason or murder shall be punished by confinement in the penitentiary for a term not less than fifteen years, and may extend to life."

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Abie, Bailey, Bissell, Busey, Canady, Courtright, Dunlap, Ed wards, Emmerson, English, Gillespie, Green, Gridley, Henderson, Humphrey, Kitchell, Leary, Lester, McClernand, McDonald, McGinnis, Min shall, Munsell, Odam, Ormsbee, Peck, Phelps, Prentice, Ross, Shepley, Wilson, Wood, and Mr. Speaker — 33.

Those who voted in the negative, are,

Messrs. Baldwin, Beall, Bennett, Bentley, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Carpenter, Cavarly, Charles, Cox, Cunningham, Darnielle, Denny, Dodge, Dollins, Dougherty, Francis, Fro man, Hardin, Hull, Laughlin, Logan, McLean, Marshall, Moore, Murphy of Cook, Murphy of Perry, Olds, Oliver, Parkinson, Phillips, Scott, Thornton, Threlkeld, Troy, Trumbull, Turney, Waters, White, and Woodson — 42.

Mr. Ross moved to amend the third section of the bill by striking the words "or if any person not an elector, shall knowingly vote at any such election, every person so offending shall be subject to indictment, and on conviction, be punished by confinement in the penitentiary for any term not more than two years."

Mr. Henderson moved to amend by striking out the word "knowingly;" which was agreed to, and

247

On motion of Mr. Webb,

The third section of the bill was further amended by striking out the word "not" after the word "person," and inserting the words "knowing himself not to be a legal voter."

And the question being on agreeing to the amendment proposed by Mr. Ross, to strike out,

It was decided in the negative.

Mr. Woodson moved to amend the third section by striking out all after the word "person" in the fourth line from the bottom, and inserting as follows:

"Shall be indicted, and on conviction, shall be fined in a sum not less than one hundred, and not more than one thousand dollars, and confined in the county jail until fine and costs be paid."

Mr. English moved to refer the bill and amendments to the committee on Finance; which was not agreed to.

Mr. Leary moved to refer to the committee on Elections, which was not agreed to; when,

On motion of Mr. Cavarly,

The amendment proposed by Mr. Woodson was laid on the table.

Mr. Peck moved to amend the bill by adding the following proviso:

"Provided always, That any free white male person who shall be twenty-one years of age, and who shall have resided in the State of Illinois for six months next preceding any election, and shall be an inhabitant of the county in which he may have voted, shall be considered an elector, and shall not suffer the pains and penalties provided for by this section, any law in any wise to the contrary notwithstanding."

Mr. McClernand moved to amend the amendment by striking out "person" in the first line of the amendment, and inserting "inhabitant, whether naturalized or unnaturalized;" which modification was accepted by the mover of the amendment.

Mr. Hardin moved to amend the amendment by striking out the words "shall be considered a voter and;" which was not agreed to; when,

The amendment proposed by Mr. Peck, as modified, was agreed to, by yeas and nays, as follows:

Those who voted ic the affirmative, are,

Messrs. Able, Archer, Bailey, Baldwin, Barnett, Bentiey, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Cox, Grain, Dodge, Dollins, Dougherty, Dunlap, Emmerson, English, Gillespie, Green, Hankins, Hardin, Hicks, Humphrey, Kelly, Laughlin, Leary, Lester, Logan, McCler-nand, McDonald, McGinnis, McLean, Marshall, Moore, Murphy of Cook, Murrphy of Perry, Odam, Olds, Oliver, Ormsbee, Parkinson, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Waters, White, Wil-son, Woodson, Wood, and Mr. Speaker — 58.

Those who voted in the negative, are,

Messrs. Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cunningham, Darnielle, Denny, Drummond, Edwards, Francis, Froman, Gridley, Henderson, Hull, Kitchell, Menard, Minshall, Munsell, Phelps,Phillips, Reynolds, Thornton, Threlkeld, Troy, and Webb-27.

When the bill was ordered to be engrossed.

248

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have concurred with them in the passage of bills of the following titles, viz:

"A bill to authorize the county commissioners of Christian county to borrow money,"

"A bill for an act to legalize the acts of the commissioners of Jasper county;"

"A bill for an act to change the name of a person therein named;"

"A bill for an act for the location of a State road in the counties of Hamilton, Franklin, and Perry;"

"A bill for an act to vacate a part of the town plat of Bennett's addition to the town of Petersburg, and for other purposes," and

"A bill for an act to provide for reviewing certain State roads."

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed bills of the following titles;

"A bill for an act to amend the act, entitled ‘An act confirming grants of property made for the encouragement of education, and for other purposes;’" approved February 1, 1831.

"A bill for an act concerning county seats and county lines;"

"A bill for an act to incorporate the Bond county Academy;"

"A bill for an act to vacate a part of the town of Lowell;"

"A bill for an act to authorize the Madison county Ferry Company, to construct a road or causeway;" and

"A bill for an act declaring a certain road in Fulton county a State road;"

In which they ask the concurrence of the House of Representatives.

The bill for "An act for the relief of Nathan Low," was read the second time, and

Ordered to be engrossed.

The bill for "An act to extend the location of the Darwin and Charles ton turnpike from Charleston to Springfield," was again taken up for consideration, and

Mr. Prentice moved to amend the bill by inserting the word "Shelbyville" after the word "Charleston;" which was not agreed to.

On motion of Mr. Cunningham,

The bill was amended by inserting the word "Christian" after "Coles" in the fourteenth line of the fifth section; when the bill was

Ordered to be engrossed.

The bill for "An act to authorize the county commissioners of Brown county, to appoint an assessor," was read the second time, and

Ordered to be engrossed.

The bill for "An act to repeal so much of the militia law as allows compensation to brigade majors," was read the second time, and

On motion of Mr. Gridley,

Referred to the committee on the Militia.

The bill for "An act to establish certain ferries therein named," was read the second time, and

On motion of Mr. Turney,

Referred to the committee on Internal Improvements.

249

The bill for "An act in relation to incorporated towns and cities in this State," was read the second time, and

Mr. Edwards moved to amend by adding the following proviso:

"Provided such towns and cities as shall or may be exempted from the payment of a county tax, in consideration of the support of the paupers therein, be and they are hereby excepted from the operations of this act."

Which was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Bennett, Brown of Sangamon, Brown of Vermilion, Canady, Cavarly, Charles, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Humphrey, Laughlin, Leary, McLean, Menard, Min-shall, Munsell, Odam, Parkinson, Phelps, Phillips, Prentice, Thornton, Threlkeld, Troy, Waters, Webb, Woodson, and Mr. Speaker — 40.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Beall, Bentley, Bissell, Blackman, Busey, Carpenter, Courtright, Cox, Crain, Cunningham, Dodge, Dollins, Dunlap, English, Green, Hicks, Kelly, Kitchell, Lester, Logan, McClernand, McDonald, Moore, Murphy of Perry, Olds, Oliver, Parsons, Peck, Reynolds, Ross, Shepley, Turney, Wheeler, White, Wilson, and Wood — 38.

When the bill was

Ordered to be engrossed for a third reading.

The House adjourned.

Wednesday, January 30, 1841.

House met pursuant to adjournment.

Mr. Thornton presented the petition of citizens of Mercer and Rock Island counties for a ferry across the Mississippi river; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Thornton, Henderson, and Crain be said committee.

Mr. Busey presented the petition of citizens of De Witt and Champaign counties, for a State road; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Busey, Wilson, and Froman be said committee.

Mr. Drummond presented the petition of John W. Spencer, Jonah H. Case, and others, in relation to water lots in the town of Stephenson; which without reading, on his motion, was referred to the committee on the judiciary

Mr. Oliver presented the petition of the proprietors of Metropolis; city, praying for an alteration in the streets and lots of said city; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Waters, Oliver, and Dollins be said committee.

Senate bill for "An act to authorize the county commissioners of Monroe county to borrow money for certain purposes," was read the first time, and the second time by its title, and

Ordered, to a third reading.

250

Senate bill for "An act to incorporate the Schuyler city Manufacturing Company," was read the first time, and the second time by its title, and,

On motion of Mr.Minshall,

Referred to the committee on Banks and other Corporations.

Mr. Crain, from the committee on Enrolled Bills, reported that he had this day laid before the Council of Revision for their approval, a bill for

"An act for the formation of the county of Mason."

Senate bill for "An act organizing a school district in Vermilion county and authorizing the sale of school lands therein," was read the first time, and

Ordered to a second reading.

A message from the Senate, by Mr. Berry, their Assistant Secretarary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have passed a bill of the following title, to wit: "An act to locate a State road from Columbus, in Adams county, to Brooklyn, in Schuyler county."

In the passage of which they ask the concurrence of the House of Representatives.

A message from the Senate:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have passed bills of the following titles, viz:

"An act to incorporate the Greenville Hotel Company;"

"An act to incorporate the Trustees of the Winchester male and female common and preparatory schools;"

"An act to locate a State road from Columbus to Houston, in Adams county;"

"An act to incorporate the Farmer's Exporting Company;"

In the passage of which they ask the concurrence of the House of Representatives.

They have, concurred with the House of Representatives in the passage of a bill for "An act fixing the time of holding court in the first Judicial Circuit."

Mr. Leary, from the committee on Engrossed Bills, reported as correctly engrossed a bill for "An act to create the county of Orange."

Senate bill for "An act to regulate foreign insurance company agencies established in the State of Illinois," was read, the first time, and the second time by its title, and,

On motion of Mr. Leary,

Referred to the committee on Finance.

Senate resolution giving to Alexander Bielaski permission to take possession of his map of the State of Illinois for the purpose of having the same published, was read and concurred in.

Senate bill for "An act reorganizing the Judiciary of the State of Illinois," was read the first time, and on ordering the bill to, a second reading, the yeas and nays being demanded,

Mr. Kitchell demanded a call of the House, and pending the call of the House,

The memorial from the Senate praying Congress to establish a Marine Hospital at the city of Cairo, in the county of Alexander, and State of Illinois, was read and concurred in.

The Doorkeeper having reported under the call of the House,

251

The consideration of the bill for "An act reorganizing the Judiciary of the State of Illinois," was resumed, and the bill was

Ordered to a second reading,

By yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 49.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, and Woodson — 39.

Mr. Ross moved to lay the bill on the table, and print one hundred and fifty copies for the use of this House; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bentley, Bissell, Blackman, Brown of Vermilion, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Edwards, English, Gillespie, Green, Hankins, Hardin, Hicks, Humphrey, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Munsell, Murphy of Perry, Odam, Peck, Prentice, Ross, Scott, Threlkeld, Troy, Turney, Wheeler, Wilson, Wood, and Mr. Speaker — 40.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Barnett, Beall, Bennett, Bradford, Brown of Sangamon, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Dunlap, Emmerson, Francis, Froman, Gridley, Henderson, Hull, Kelly, Kitchell, Laughlin, McLean, Marshall, Menard, Minshall, Moore, Murphy of Cook, Olds, Oliver, Ormsbee, Parkin-son, Parsons, Phelps, Phillips, Reynolds, Thornton, Trumbull, Water, Webb, White, and Woodson — 46.

Senate bill for "An act to build a bridge across Macoupin creek, in Greene county," was read the first time, and

The rules of the House being dispensed with, the bill was read the second and third times by its title, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof.

Senate bill for "An act authorizing administrators to settle estates in particular cases," was read the first time, and the second time by its title, and,

On motion of Mr. Leary,

Referred to the committee on the Judiciary.

Senate bills of the following titles were severally read the first time, and Ordered a second reading:

252

"An act to locate a State road from Shelbyville to Mint Point in Coles county,"

"An act to enable the executors of James Hughes, deceased, to sell real estate, for the payment of debts and redemption of land,"

"An act to amend an act simplifying proceedings at law, for the collection of debts," approved February 25, 1833;

"An act to legalize the acts of Samuel C. McClure, as Probate Justice of the Peace of Ogle county;

"An act to amend an act, entitled ‘An act confirming grants of property made for the encouragement of education, and for other purposes,’" approved February 1St. 1831:

"An act declaring a certain road in Fulton county a State road;" and

"An act to incorporate the Philomathean Society of Mount Carmel, Illinois."

Senate bill for "An act to authorize, the county commissioners of Pike county to execute a certain conveyance," Was read the first time and the second time by its title, and,

On motion of Mr. Wheeler,

Referred to a select committee.

Ordered, That Messrs. Wheeler, Phelps, and Parsons be said committee.

Senate bill for "An act to legalize certain acts of the Clerk of the circuit court of Coles county," was read the first time, and,

On motion of Mr. Cunningham,

The rules of the House were dispensed with, and the bill now read the second and third times by its title, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof.

Senate bill for "An act to authorize the Madison county Ferry Company to construct a road or causeway," was read the first time, and the second time by its title, and

Ordered to a third reading.

Senate resolution fixing the time of adjournment of both branches of the Legislature on the fifteenth day of February next, and declaring that no new business should be introduced into either branch of the Legislature after the twenty-sixth day of the present month, coming up for consideration,

Mr. Ormsbee moved to lay the resolution on the table; which was not agreed to, by yeas and nays, as follows;

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Busey, Carpenter, Court right, Dollins, English, Green, Hankins, Hicks, Humphrey, Laughlin, Leary, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Murphy of Cook, Murphy of Perry, Oliver, Ormsbee, Parsons,Peck, Ross, Scott, Shepley,Trumbull,Turner, Waters, Wheeler, White, Wilson, Wood, and Mr. Speaker — 33.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cavarly, Charles, Cox, Crain, Cunningham, Darnielle, Denny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Hender son, Hull, Kitchell, Lester, Me Lean, Menard, Minshall, Moore, Munsell,

253

Odam, Parkinson, Phelps, Phillips, Prentice, Reynolds, Thornton, Threlkeld, Troy, Webb, and Woodson — 47.

Mr. Odam moved to amend the resolution by striking out the "26th" and inserting the "30th."

Mr. McClernand moved to amend the resolution by striking out that portion of the resolution which relates to the reception of new business;

And before any vote was taken on the proposed amendments,

The House adjourned to 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Dodge demanded a call of the House, and pending the call,

Mr. Peck moved that the House adjourn; which was not agreed to by yeas and nays, as follows;

Those who voted in the affirmative, are,

Messrs. Able, Barnett, Busey, Carpenter, Crain, Dodge, Dougherty, Dunlap, English, Gillespie, Hankins, Hardin, Hicks, Laughlin, Leary, Lester, McClernand, McDonald, McGinnis, McLean, Marshall, Minshall, Murphy of Cook, Parkinson, Peck, Prentice, Scott, Shepley, Turney, Webb, Wheeler, White, and Mr. Speaker — 34.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Bennett, Bissell, Brown of Sangamon, Brown of Vermilion, Canady, Cavarly, Charles, Courtright, Cox, Cunningham, Darnielle, Denny, Dollins, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Green, Gridley, Kitchell, McClurken, Moore, Munsell, Odam, Ormsbee, Phillips, Thornton, Threlkeld, Troy, Trumbull, Wilson, Woodson, and Wood — 38.

Bill for "An act supplemental to an act defining the duties of Public Printer, and fixing the time and manner of performing the same," was read the second time, and

Mr. Hardin moved to refer the bill to the committee on the Judiciary, with the following instruction;

"With instruction to amend the bill so as to make the Public Printer furnish all the paper he may use without any advance on the part of the State, which,

On motion of Mr. Ormsbee,

Was laid on the table, and the bill was

Ordered to be engrossed.

The bill for "An act to establish a ferry across the Illinois river, at Peru," was read the second time, and

Ordered to be engrossed.

The bill for "An act for the specific execution of contracts, in relation to the payment of intereSt." was read the second time; when

The Doorkeeper having reported under the call of the House,

The Senate resolution for adjournment was taken up for consideration, and

Mr. English moved to refer the resolution to the committee on Finance.

Mr. Trumbull demanded the previous question; which was sustained.

254

And on referring the resolution to the committee on Finance, the and nays were demanded, and

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Laughlin, Leary, Lcster, Logan, McClernand, McClurken,McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, White, Wilson, Wood, and Mr. Speaker — 47.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Fro man, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Kitchell, Mc Lean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. and Woodson — 41.

When the bill for "An act for the specific execution of contracts," in relation to the payment of intereSt. was again taken up for consideration,

And Mr. Brown of Vermilion moved to amend the bill by adding the following proviso to the second section;

" And provided, That nothing in this act contained shall be so construed as to apply to contracts made anterior to the passage of this act."

Mr. Henderson moved the indefinite postponement of the bill and amendment; which was agreed to, and

The House adjourned.

Thursday, January 21, 1841.

House met pursuant to adjournment.

Mr. Edwards presented the petition of citizens of Alton, in relation to a bill for the taxation of agencies of foreign insurance companies; which, without reading, on his motion, was referred to the committee on Finance.

Mr. Webb presented the petition of citizens of White county, in relation to mills at Carmi; which, without reading, on his motion, was referred to the committee on Canals and Canal Lands.

Mr. Shepley presented the petition of sundry citizens of Fulton county, praying for an alteration of the laws in relation to common schools, and the erection of school houses by tax; which, without reading, on his motion, was referred to the committee on Education.

Mr. Crain, from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following titles:

"An act for the relief of Nathan Low;"

"An act to authorize the county commissioners of Brown county to appoint an assessor;"

"An act in relation to incorporated towns and cities in this State;"

255

The bill for "An act providing for the election of a public binder, and defining his duties," was read the second time, and

Ordered to be engrossed.

Senate bills of the follwing titles were severally read the first time, and second time by their titles, and referred to the committee on Education.

"An incorporate the Payson Academy;"

"An act to incorporate the Bond county Academy."

Senate bills of the following titles were severally read the first time, and the second time by their titles, and referred to the committee on the Judiciary.

"An act to amend an act, entitled ‘An act to incorporate the town of Jacksonville, and for other’ purposes;"

"An act to provide for the payment of certain debts due from the State to the Banks."

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have concurred with them in the passage of bills of the following titles, to wit:

"An act to incorporate the town of Galesburg, in Knox county;"

"An act for a State road from Shawneetown to Vienna."

They have concurred with them in the passage of a bill for an act, supplemental to an act in relation to the Charleston Seminary and Jonesboro' College, approved February 3, 1840, as amended by them.

In which amendments they ask the concurrence of the House of Representatives.

They have also refused to concur with the House of Representatives in the passage of a bill for the relief of Elizabeth Hart.

A message from, the Council of Revision, by Mr. Purinton, their Secretary:

"An act fixing the time of holding courts in the sixth judicial circuit."

Senate bills of the following titles were, severally read the first time, and the second time by their titles, and referred to the committee on Banks and other Corporations:

"An act to incorporate the Western Marine and Fire Insurance Company,"

"An act to amend an act, entitled ‘An act to incorporate the town of Kaskaskia;’" approved January 6, 1818;

"An act to amend an act entitled ‘An act to incorporate the Jo Daviess Marine and Fire Insurance Company.’"

The Senate bill for "An act to vacate a part of the town of Lowell," was read the first time, and

On motion of Mr. Henderson,

Indefinitely postponed.

Ordered, That the clerk inform the Senate thereof.

Senate bill for "An act concerning county seats and county lines," was read the first time, and the second time by its title, and

On motion of Mr. Dollins,

Referred to the committee on Counties.

Senate bill for "An act to authorize the county commissioners of Jefferson county to borrow money," was read the first time, and

Ordered to a second reading.

256

Senate bill for "An act to increase the compensation of the clerk of the county commissioner's court of Green county, for ex officio services," was read the first time, and the second time by its title, and

On motion of Mr. English:

Referred to the committee on Finance.

Senate bill for "An act to amend an act to incorporate the town of Rushville," approved March 2, 1839, was read the first time, and the second time by its title, and

On motion of Mr. Minshall,

Referred to a select committee.

Ordered, That Messrs. Minshall, Bradford, and Lester be said committee.

House bill for "An act in relation to a road therein named," with the Senate amendments thereto, coming up for consideration,

The amendments were read and concurred in.

Ordered, That the Clerk inform the Senate thereof.

Senate bill for "An act to charter a female academy in Marion county" With the disagreeing vote of the Senate to the House amendments there to, coming up for consideration,

On motion of Kitchell,

The House receded from their amendments to the bill.

Ordered, That the Clerk inform the Senate thereof.

Senate bill for "An act authorizing an additional justice of the peace and constable in the town of Florence, in Pike county," was read the first and second times by its title, and

On motion of Mr. Parsons,

Referred to a select committee.

Ordered, That Messrs. Parsons, Humphrey, and Wheeler be said committee.

Senate resolution prohibiting the Fund Commissioner from selling or hypothecating State bonds but for certain Specified purposes, was read, and

On motion of Mr. McClernand,

Referred to the committee on Finance.

Senate resolution for the election of a Fund Commissioner, was read and Mr. Dougherty moved to amend the same by striking out the "ninth" and inserting the "twenty-second," so as to bring on the election of Fund Commissioner to-morrow.

Mr. Cavarly moved to lay the resolution and proposed amendment on the table; which was not agreed to, and

The motion of Mr. Dougherty to amend was rejected, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Hull, Leary, Lincoln, Logan, Marshall, Me nard, Minshall, Munsell, Murphy of Perry, Parkinson, Parsons, Peck Phelps, Phillips, Prentice, Reynolds, Threlkeld, Troy, Webb, and Wood son — 42.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bissell, Busey, Carpenter, Cavarly, Dollins,

257

Dunlap, Edwards, English, Green, Hankins, Henderson, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, McClernand, McClurken, McDon ald, MGinni's, McLean, Moore, Murphy of Cook, Odam, Olds, Oliver, Ormsbee, Ross, Scott, Shepley, Thornton, Trumbull, Turney, Waters, WeSt. Wheeler, Wilson, Wood, and Mr. Speaker — 42.

Mr. McGlernand moved to amend the resolution by striking out all after the word "resolved" and inserting the following:

"The Senate concurring herein, that the General Assembly of this State shall meet in the Hall of the House of Representatives on the 23d inst., at 2 o'clock, P. M. for the purpose of electing an Auditor of Public Accounts, a Treasurer and a Public Printer."

Mr. Webb moved to amend the amendment by inserting after "Public Printer" the words "Fund Commissioner."

Mr. Cavarly moved to lay the amendment proposed by Mr. Webb on the table;

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bissell, Busey, Carpenter, Cavarly, Courtright, Crain, Dollins, Dunlap, English, Green, Hankins, Henderson, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, McClernand, McClurken, McDonald, Moore, Murphy of Cook, Oliver, Ormsbee, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, Wilson, Wood, and Mr. Speaker — 36.

Those who voted in the negative, are,

Messrs, Archer, Bailey, Barnett, Beall, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cun-ningham, Darnielie, Denny, Dougherty, Drummond, Edwards, Emmer-son, Francis, Froman, Gillespie, Gridley, Hardin, Hull, Leary, Lincoln, Logan, McGinnis, McLean, Marshall, Menard, Minshall, Munsell, Murphy of Perry, Odam, Olds, Parkinson, Parsons, Peck, Phelps, Phillips, Prentice, Reynolds, Threlkeld, Troy, Webb, WeSt. White, and Woodson — 50.

And the question being put on agreeing to Mr. Webb's proposed amendment.

It was decided in this affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Barnett, Bentley, Bissell, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielie, Denny, Dougherty, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Leary, Lincoln, Logan, MeGinnis, McLean, Marshall, Menard, Minshall, Moore, Mun-sell, Murphy of Perry, Parkinson, Parsons, Peck, Phillips, Prentice, Reynolds, Threlkeld, Troy, Webb, WeSt. White, and Woodson — 48.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Busey, Carpenter, Cavarly, Courtright, Crain, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Lester, McClernand, McDonald, Murphy of Cook, Odam, Olds, Oliver, Ormsbse, Ross, Shepley, Trumbull, Turney, Waters, Wheeler, Wilson, Wood, and Mr. Speaker-33.

Mr. Olds moved to lay the amendment, as amended, on the table;

Which was not agreed to, by yeas and nays, as follows:

258

Those who voted in the affirmative, are,

Messrs. Baldwin, Busey, Cavarly, Courtright, Crain, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, McDonald, Olds, Oliver, Ormsbee, Ross, Trumbull, Turney,Waters Wheeler, Wilson, and Wood — 27.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bentley, Bissell, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Dougherty, Edwards Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Leary, Lincoln, Logan, McClernand, McGinnis, McLean, Marshall, Me-nard, Minshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Parkinson, Parsons, Peck, Phelps, Phillips, Prentice, Reynolds, Scott, Shepley, Threlkeld, Troy, Webb, White, Woodson, and Mr. Spea-ker — 56.

On motion of Mr. Trumbull,

The amendment was further amended by adding after "Public Printer" State's Attornies for the second, fourth, and fifth judicial circuits.

On motion of Mr. Olds,

The amendment was further amended by striking out "twenty-second" and inserting "twenty-third;" when the amendment of Mr. McClernand, was amended, was agreed to, and the resolution, as amended, was concurred in by the House.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence in the amendments of the House, and

On motion,

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Crain, from the committee on Enrolled Bills, reported as correctly enrolled, bills of the following titles:

"An act to change the name of a person therein named;"

"An act to authorize the county commissioners of Christian county to borrow money;"

"An act to legalize the acts of the commissioners of Jasper county;"

"An act to vacate a part of the town plat of Bennett's addition to the town of Petersburg, and for other purposes;"

"An act for the location of a State road in the counties of Hamilton, Franklin, and Perry;"

"An act for the formation of the county of Piatt."

Senate bill for "An act to amend an act to authorize Henry W. Cleaveland to build a bridge across the Winnebago Swamp," approved February 19, 1839, was read the first time, and the second time by its title, and

On motion of Mr. Drummond,

Referred to a select committee.

259

Ordered, That Messrs. Drummond, Phillips, and Denny be said committee.

The Senate resolutions proposing to instruct our Senators, and request our Representatives in Congress, in relation to redemption of "Continental paper," was read and concurred in.

Ordered, That the Clerk inform the Senate thereof.

Senate bill for "An act for the relief of the Sheriff of Schuyler county," was read the first time, and the second time by its title, and

Mr. Minshall moved to amend the second section by adding the following as a proviso:

"Provided also, That it the said John G. McHatton shall not well and truly pay or cause to be paid the whole of the aforesaid revenue due, and owing the State from him, as collector, on or before the first day of April, as provided in this act, then and in (hat case, the said office of sheriff shall be deemed vacant; and the coroner of the county of Schuyler shall perform all and singular the duties of sheriff of Schuyler, until a sheriff shall be duly elected and qualified for said county, according to the laws now in force, requiring vacancies in the office of sheriff to be filled."

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Froman, Gillespie, Gridley, Hardin, Henderson, Kitchell, Logan, McGinnis, McLean, Alenard,Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 39.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Busey, Carpenter, Cavarly, Courtright, Crain, Dollins, Dougherty, Dunlap, English, Hicks, Humphrey, Kelly, Laughlin, Leary, Lester, McClernand, McClurken, McDonald, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, 0!ds, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Wheeler, White, Wilson, Wood, and Mr. Speaker — 41.

When the bill was

Ordered to a third reading.

Senate bill for "An act to limit the term of public administrators, notaries public, and masters in chancery," was read the first time, and

Ordered to a second reading.

Senate bill for "An act for the relief of certain securities therein named," was read the first time, and the second time by its title, and

Mr. Gridley moved to amend the bill by inserting after the word "Coroner" the words "Clerk of the Circuit Court;" and

On motion of Mr. Trumbull,

The bill and proposed amendment were referred to the committee on the Judiciary.

House bill for "An act to incorporate the town of Macomb," with Senate amendments thereto, were considered; and the Senate amendments thereto were read and concurred in.

Ordered, That the Clerk inform the Senate thereof.

Senate bill for "An act to incorporate the Cairo City Mills," was read the first and second times by its title, and

260

On motion of Mr. English,

Referred to the committee on Banks and other Corporations.

Senate bill for "An act to amend the several acts to extend the corporate powers of the town of Peoria,` was read the first time, and the second line by its title, and

On motion of Mr. Turney,

Referred to the committee on Internal Improvements.

Senate bill for "An act to authorize the county commissioners' court of Ogle county to levy and collect a tax," was read the first time, and

On motion of Mr. Drummond,

Was laid on the table,

Senate bill for "An act to increase the payment of a bounty on wolf scalps," was read the first time, and

On motion of Mr. Henderson,

Indefinitely postponed, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Barnett, Beall, Bentley, Bissell, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Carpenter, Cavarly, Charles, Crain, Cunningham, Darnielle, Denny, Dollins, Drummond, Dunlap, Edwards, English, Gillespie, Gridley, Henderson, Hicks, Kelly, Kitchell, Leary, Lester, Lincoln, Logan, McClernand, McClurken, McGinnis, McLean, Marshall, Minshall, Moore, Munsell, Odam, Olds, Ormsbee, Peck, Prentice, Ross, Scott, Shepley, Thornton, Trumbull, Turney, Waters, WeSt. White, Wilson, Woodson, and Mr. Speaker — 56.

Those who voted in the negative, are,

Messrs. Bailey, Baldwin, Blackman, Canady, Courtright, Cox, Dougherty, Emmerson, Froman, Hardin, Laughlin, McDonald, Menard, Murphy of Cook, Murphy of Perry, Oliver, Parkinson, Parsons, Phelps, Phil-lips, Reynolds, Threlkeld, Webb, Wheeler, and Wood — 25.

Ordered, That the Clerk inform the Senate thereof.

The Speaker laid before the House a communication from the Governor, enclosing a letter from the Fund Commissioner, in relation to the payment of interest; which was read and laid on the table.

Also, a communication from the Governor, enclosing a letter from A. H. Bangs, of New York, in relation to debt due from him to the State of Illinois; which was read, and

On motion of Mr. Cavarly,

Referred to the committee on Finance.

Also, a communication from the Governor, enclosing a letter from Judge Young; which were read, and

On motion of Mr. Hardin,

Referred to the committee on the Judiciary.

On motion of Mr. Hardin,

The following resolution relating to the above last communication was adopted.

"Resolved, That the President of the Illinois and Michigan Canal be instructed to report to this House a copy of any letter he may have received from Nevins, Townsend & Co., respecting the payment of $11,000 to them by Judge Young, of money borrowed of them by the President of The Canal Board."

261

Aso, a communication from Josiah Lamborn, the Attorney General of the State; which was read and

On motion of Mr. English,

Referred to the committee on the Judiciary.

Mr. Henderson, on leave, introduced a bill for "An act to amend the, laws relating to the redemption of real estate;" which was read the first time and the second time by its title, and ,

On motion of Mr. Henderson,

Referred to the committee on the Judiciary.

Mr. Cavarly offered for adoption the following resolution:

Resolved, That the bill for ‘An act providing for the reorganization of the judiciary,’ shall be the special order every day at the opening of each afternoon session, until the same shall be disposed of.

Mr. Webb moved that the resolution be laid on the table.

Mr. Trumbull demanded a call of the House, and the roll being called over,

On motion of Mr. Turney,

Further proceedings under the call of the House were dispensed with, and the motion to lay the resolution on the table:

Was decided in the negative, by yeas and nays, as follows;

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Froman, Gillespie, Gridley, Hardin, Henderson, Leary, Lincoln, McLean, Menard, Minshall, Munsell, Oliver, Parkinson, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 41.

Those who voted in the negative, are,

Messrs. Baldwin, Bentley, Bissell, Blackman, Carpenter, Cavarly, Courtright, Crain, Dollins, English, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Sheplev, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 41.

Mr. Turney demanded the previous question.

Mr. Hardin demanded a call of the House; and the roll having been called over,

On motion of Mr. Olds,

Further proceedings under the call of the House were dispensed with.

And on the question — "Shall the main question be now put?"

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs, Baldwin, Bentley, Bissell, Blackman, Carpenter, Cavarly,Courtright, Crain, Dollins, Dunlap, English, Green, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClernand, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 43.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Froman, Gillespie

262

Gridley, Hardin, Henderson, Leary, Lincoln, McLean, Menard Minshall, Munsell, Oliver, Parkinson, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson, Wood — 40.

And Mr. Cavarly's resolution was agreed to, by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bentley, Bissell, Blackman, Busey, Carpenter, Cavar ly, Courtright, Crain, Dollins, English, Green, Flicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam Olds, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 43.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham,Darnielle, Den ny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Froman,Gilles pie, Gridley, Hardin, Henderson, Leary, Lincoln, McLean, Menard, Min shall, Munsell, Oliver, Parkinson, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 40.

When,

On motion,

The House adjourned.

Friday, January 22, 1841.

House met pursuant to adjournment.

Mr. Crain, from the committee on Engrossed Bills, re ported as correctly engrossed, bills of the following titles:

"An act to amend an act relative to criminal jurisprudence,"

"An act to extend the location of the Darwin and Charleston turnpike from Charleston to Springfield."

Mr. Leary, from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following titles:

"An act supplemental to an act defining the duties of Public Printer, and fixing the time and manner of performing the same;"

"An act providing for the election of Public Binder;"

"An act to repeal an act incorporating the town of Shelbyville,"

"An act to establish a ferry across the Illinois river at Peru."

Mr. Olds presented the petition of citizens of Macoupin county, praying for a new county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Dougherty presented the petition of citizens of Alexander and Union counties, in relation to the navigation of Clear creek; which, with out reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Dougherty, Logan, and McGinnis be said committee.

Mr. Barnett presented the petition of citizens of Logan. Macon and De Witt counties, for a State road; which, without reading, on his motion, was referred to a select committee.

263

Ordered That Messrs. Barnett, Busey, and Gridley be said committee Mr. Brown of Sangamon presented the petition of citizens of Sangamon county, for a new county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Hardin presented the petition of citizens of Morgan county, for a new county; which, without reading, on his motion, was referred to the committee on Counties.

Also, the remonstrance of citizens of Morgan county against a division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Troy also presented the remonstrance of 54 citizens of Morgan county against a division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Charles presented the petition of citizens of Hancock county for a State road; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Ross presented the petition of citizens of Fulton county for a State road; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Hicks presented the petition of David F. Berry for a divorce; which, without reading, on his motion, was referred to the committee on the Judiciary.

Mr. Blackman presented the petition of the Trustees of Shawneetown and citizens of said town in relation to the river bank in front of said town; which without reading, on his motion, was referred to the committee on Canals and Canal Lands.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred the communication of the President of the State Bank, reported the same back, and was discharged from the further consideration of the same;

Also, from the same committee, to which was referred the bill for "An act to incorporate the town of Marion," reported the same back to the House, with an amendment to strikeout the 11th section of the bill; which was concurred in, and the bill

Ordered to be engrossed.

Mr. Hardin offered for adoption the following resolution:

"Resolved, That the Senate be respectfully notified by the Clerk of this House, that if any message has been received from the Senate on the disagreeing vote of the two Houses on the apportionment resolution, the same has been lost or mislaid, and a copy of the order of the Senate on this subject is requested for the action of this House;" which was agreed to.

Mr. McClernand, from the committee on Canals and Canal Lands, to which was referred the bill for "An act to create the county of Grundy, from the county of La Salle," reported the same back to the House with amendments; which were read and concurred in, and the bill was

Ordered to be engrossed.

Mr. Dodge, from the committee on Canals and Canal Lands, to which was referred the petition of James M. Strode, reported a bill for "An act to authorize James M. Strode to build a dam across Fox river;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

264

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have refused to concur with them in their amendment to a resolution in relation to the apportionment of representation, &c.

Mr. Carpenter, from the committee on Counties, to which was referred the petition of citizens of Lake county, reported a bill for "An act to relocate the county seat of Lake county;" which was read the first time, and the second time by its title, and

Ordered to be engrossed,

Mr. Peck, from the committee on Finance, to which was referred the bill for "An act to create a permanent Board of Auditors," reported the same back with an amendment as a substitute; which was read and

Mr. Kitchell moved to amend the fifth section of the report by striking out the words "or drafts," and also the words "which drafts may be divided into sums not less than fifty dollars;" which motion,

On motion of Mr. Archer,

Was laid on the table, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bentley, Blackman Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Carpenter, Cavarly, Charles, Courtright, Cox, Cunningham, Darnielle, Denny, Dodge, Drummond, Edwards, Emmerson, English, Froman, Gillespie, Green, Gridley, Hardin, Henderson, Hicks, Hull, Humphrey, Laughlin, Leary, Lester, Lincoln, Logan, McGinnis, McLean, Marshall, Menard, Minshall, Munsell, Murphy of Cook, Oliver, Ormsbee, Parkinson, Peck, Phelps, Prentice, Reynolds, Scott, Thornton, Threlkeld, Troy, Turney, Waters, Webb, WeSt. White, Woodson, and Mr. Speaker — 64.

Those who voted in the negative, are,

Messrs. Baldwin, Bissell, Grain, Dollins, Dougherty, Dunlap, Hankins, Kelly, Kitchell, McClernand, McClurken, McDonald, Moore, Murphy of Perry, Odam, Olds, Parsons, Philiips, Ross, Trumbull, Wheeler, Wilson, and Wood — 23.

On motion of Mr. Murphy of Cook,

The following proviso was added to the fifth section of the report:

"Provided That should the amount due to any contractor or other person be less than fifty dollars, a draft shall be issued for the said amount."

Mr. Trumbull moved to amend the report by striking out the fifth section, and so much of the first section as relates to the settlement with contractors.

Mr. Kitchell demanded a division of the question so as to take the vote separately on each of the sections proposed to be amended.

Mr. White demanded the previous question; which motion was not sustained, and before the question was put on Mr. Trumbull's proposed amendment,

The House adjourned until 2 o'clock, P. M.

265

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Cavarly moved that the House now resolve itself into committee of the Whole, on the Judiciary Bill.

Mr. Webb demanded a call of the House, and pending the call,

Mr. Webb, from the select committee to which was referred the Senate bill for "An act to amend an act, entitled ‘An act to incorporate the town of Carmi,’" approved January 30th, 1840, reported the same back to the House with an amendment; which was read and concurred in, and the bill read the third time by its title, and passed, and the title,

On motion of Mr. Webb,

Was amended by adding the words, "and for other purposes."

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence in the amendments thereto.

Mr. Brown of Sangamon, on leave, presented the petition of 700 citizens of Sangamon county, for a certain division of said county; which, without reading, on his motion, was referred to the committee on Counties.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have concurred with them in their amendments to a resolution having for its object the election of an Auditor of Public Ac-counts, a Treasurer, a Fund Commissioner, a Public Printer, and State's Attornies for the 2d, 4th, and 5th Judicial Circuits.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted the following resolution:

Resolved, That the resolution, together with the report, of the select committee appointed by the Senate to examine into the contracts and acts of the Commissioner of the Sixth Judicial Circuit, in relation to the improvement of the Upper Rapids of Rock river, some days since, be referred back to the same committee, with instructions to re-examine the same, and report to the Senate the result of such examination, and that the House of Representatives be requested to return to the Senate the resolution and report above referred to, for the further action of the Senate upon this subject.

In the passage of which resolution they ask the concurrence of the House of Representatives.

Mr. Cox, on leave, introduced a bill for "An act to incorporate the Morgan Agricultural and Stock Association;" which was read the first time, and the second time by its title, and on his motion, referred to the committee on Agriculture and Manufactures.

Mr. Dougherty, on leave, introduced a bill for "An act to relocate the State road from Jonesboro's to Willard's ferry;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Ormsbee, on leave, introduced a bill for "An act in relation to an act to incorporate the Exeter Manufacturing Company," approved March 1st 1839; was read the first time, and the second time by its title,

266

and on his motion, referred to the committee on Banks and other corporations.

Mr. Gridley, on leave, introduced a bill for "An act declaring a road therein named a State road;" which was read the first time, and second time by its title, and on his motion, referred to the committee on State Roads:

Mr. Gillespie, from the select committee to which was referred the bill for "An act to extend the limits of Bond county," on leave, reported the same back to the House and recommended its passage, and before the vote was taken on its passage,

The Doorkeeper reported,

And the House resumed the consideration of the bill for "An act reorganizing the Judiciary of the State of Illinois;" which was read the second time, and,

On motion of Mr. Cavarly,

The House went into committee of the Whole, on the consideration of the same, Mr. English in the Chair; and after some time spent therein, the committee rose, reported progress, and obtained leave to sit again; when

On motion,

The House adjourned.

Saturday, January 23, 1841.

House met pursuant to adjournment.

Mr. Grain, from the committee on Enrolled bills, made the following report:

The committee on Enrolled Bills have this day laid before the Council of Revision for the approval of bills of the following titles:

"An act to change the name of a person therein named;"

"An act to authorize the county commissioners of Christian county to borrow money;"

"An act to legalize the acts of the commissioners of Jasper county;"

"An act to vacate a part of the town plat of Bennett's addition to the town of Petersburg, and for other purposes;" and

"An act for the formation of the county of Piatt;"

"An act for the location of a State road in the counties of Hamilton, Franklin, and Perry."

Mr. Francis presented the petition of Samuel Grubb for relief; which was read, and on his motion, referred to the committee on Internal Improvements.

Mr. Waters presented the petition of citizens of Pope county for a new county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Hankins presented the remonstrance of sundry citizens of Effingham county against a division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Scott presented the petition and remonstrance of citizens of Clinton county in relation to a State road; which, without reading, on his motion, was referred to the committee on State Roads.

267

Mr. Oliver presented the petition of sundry citizens of Johnson county for a new county;

Also, a remonstrance of citizens of the same county against a division of the same which, without reading, on his motion, was referred to the committee on Counties.

Mr. Hankins presented the petition of sundry citizens of Effingham county in relation to the sale of certain 16th sections in said county; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Hankins, Kitchell, and Green be said committee.

Mr. Kitchell, from the Judiciary committee, to which was referred a bill for "An act to incorporate the Schuyler City Manufacturing Company," reported the same back, and on his motion, the bill was referred to committee on Banks and other Corporations.

The bill for "A act creating a permanent Board of Auditors," coming up for consideration,

Mr. Archer demanded a call of the House, and pending the call,

Mr. Hardin, from the committee on the Judiciary, introduced a bill for "An act to amend the several acts in relation to constables;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. English, from the committee on Finance, to which was referred the Senate bill for "An act to increase the compensation of the Clerk of the County Commissioners' Court of Greene county, for ex officio services," reported the same back to the House, with an amendment as a substitute; which was read, and,

On motion of Mr. Charles,

The report of the committee was amended by adding the following proviso:

"Provided, That the county of Hancock shall be exempted from the operation of this act;" when,

On motion of Mr. Dollins,

The report of the committee, as amended, was laid on the table, and,

On motion of Mr. Webb,

The bill was also laid on the table.

Mr. Peck, from the committee on Finance, introduced the following bills, to wit:

"An act concerning the taxes of Greene and Jersey counties;"

"An act concerning the revenue of Bond county;" which were severally read the first time, and the second time by their titles, and

Ordered to be engrossed.

Mr. Cavarly, from the Judiciary committee, to which was referred the Senate bill for "An act to provide for the safe keeping and disbursement of the , public revenue," reported the same back to the House, with amendments, which were read and concurred in,

And the doorkeeper having reported under the call of the House,

The consideration of the bill for "An act to create a permanent Board of Auditors," was resumed, and,

On motion of Mr. Munsell,

The report was amended by adding the following proviso:

"Provided also, It shall be the duty of the Auditors aforesaid to provide a book, in which shall enter, or cause to be entered, the amount they

268

shall award to any individual or individuals, and the service or object for which such allowance is made; and in case they shall divide the evidence of debt into a number of checks or drafts, they shall specify the number checks or drafts issued on account of said claim, with the amount that each particular draft calls for;

And the question being on the motion of Mr. Trumbull to strike of the 5th section,

It was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bissell, Cavarly, Courtright, Cox, Crain, Dollins, Dougherty, English, Hankins, Kitchell, Logan, McClernand, Marshall, Minshall, Moore, Murphy of Perry, Odam, Olds, Orrnsbee, Parsons, Scott, Troy, Trumbull, Wheeler, Wilson, Wood, and Mr. Speaker-29.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bentley, Blackman, Bradford, Brown of Sangamon,Busey,Canady, Carpenter, Charles, Cunningham, Darnielle, Denny, Dodge, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Green, Hardin, Henderson, Hicks, Hull, Humphrey, Kelly, Laughlin, Leary, Lester, Lincoln, McClurken, McDonald, McGinnis, McLean, Mcnard, Munsell, Murphy of Cook, Oliver Parkinson, Peck, Phelps, Phillips, Prentice, Reynolds, Shepley, Thonton, Threlkeld, Turney, Waters, Webb, WeSt. and Woodson — 58.

And Mr. Trumbull's amendment, proposing to strike out part of the first section, was not agreed to.

Mr. Brown of Sangamon moved to amend the sixth section of the report by striking out the words "same per diem compensation for the time," and insert "the sum of two dollars and fifty cents for each day," also, to strike out the words, "as was allowed such person by law while in office;" which was agreed to.

Mr. Charles moved to amend by inserting after the words "said Board of Auditors," the words, "on the requisition of said Board;" which was agreed to.

Mr. Ormsbee moved to amend the fifth section by adding the following:

"Provided, further, That the nature and form of said drafts shall not in any manner conflict with the Constitution and laws of this State, or of the United States; and the power of said Board to issue drafts shall extend only to the payment or payments for work lawfully done on account of the system of internal improvements of the State, and shall expire and wholly cease on the 20th day of February next;" which,

On motion of Mr. Gillespie,

Was laid on the table by yeas and nays as follows:

Those who voted in the affirmative, are,

Messrs. Able, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Charles, Denny,Dodge, Dougherty, Drummond, Edwards, Emmerson, Francis, Funk, Gillespie, Green, Gridley, Hardin, Henderson, Hull, Humphrey, Laughlin, Leary, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Peck, Phelps, Phillips, Prentice, Reynolds, Scott, Thornton, Troy, Turney, Waters, webb, and West — 46.

269

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Cavarly, Carpenter, Courtright, Cox, Crain, Cunningham, Darnielle, Dollins, English, Froman, Hankins, Kelly Kitchell, Lester, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Perry, Odam, Olds, Oliver; Ormsbee, Parsons, Ross, Threlkeld, Trumbull, Wheeler, Wilson, Woodson, Wood, and Mr. Speaker. — 39.

Mr. Gillespie moved to amend the report by adding the following as an additional section:

"It shall be the duty of every person or persons previous to presenting his aims for adjustment, to cause a written notice of his intention to be served upon the Attorney General of this State, ten days before such presentation, to shall before said Board, and manage to the best of his skill and ability the interests of this State; and either party may, if dissatisfied with any decision of said Board, have an appeal to the Supreme Court of this State; and if such appeal shall be taken by the person or persons presenting such claim, he or they shall enter into bond, with security, to cover the damages which the State may sustain by reason of taking such appeal."

Mr. Ormsbee moved to lay the proposed amendment on the table; which was not agreed to.

Mr. Ormsbee moved to lay the bill and proposed amendments on the table; which was not agreed to;

When the additional section proposed by Mr. Gillespie, was agreed to, by yeas and nays, as follows, to wit:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Baldwin, Bennett, Blackman, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Cavarly, Charles, Cox, Cunnigham, Darnielle, Doliins, Dougherty, Dunlap, Edwards, Emmerson, Francis,Froman, Funk, Gillespie, Gridley, Green, Hankins, Kitchell, Lincoln, McClernand, McLean, Moore, Munsell, Murphy of Perry, Odam, Olds, Parsons, Phelps, Reynolds, Ross, Threlkeld, Troy, Trumbull, Waters, and Woodson — 44.

Those who voted in the negative, are,

Messrs. Able, Barnett, Beall, Bentley, Bissell, Bradford, Busey, Courtright, Crain, Denny, Dodge, English, Hardin, Henderson, Hicks, Hull, Humphrey, Laughlin, Leary, Lester, McClurken, McDonald, McGinnis, Menard, Minshall, Murphy of Cook, Oliver, Parkinson, Peck, Phillips, Prentice, Scott, Shepley, Thornton, Turney, Webb, WeSt. Wheeler, Wilson, and Mr. Speaker — 41.

The question was then put on agreeing with the committee on Finance their report, as amended, when the report and amendments were reported.

Mr. Dodge moved to lay the bill and proposed amendments on the table; which was not agreed to.

Mr. Dodge moved the reference of the bill and proposed amendments to a select committee of seven; which was agreed to.

Ordered, Messrs. Dodge, Archer, Henderson, Trumbull, Murphy of Perry, and Green be said committee.

Mr. McClernand, from the committee on Canals and Canal Lands, on leave, introduced a bill for "An act to authorize the State to lease the mills

270

at New Haven and Carmi, on the Little Wabash river," which was read the first time, and the second time by its title.

Mr. Turney moved to refer said bill to a select committee; when

The House adjourned to 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Gillespie, on leave, introduced a bill for "An act to amend an act in relation to insolvent debtors," which was read the first time, and the second time by its title, and on his motion, referred to the committee on the Judiciary.

On motion of Mr. Dodge,

The Senate resolution in relation to the report of the select committee appointed to investigate acts of the Commissioner of the 6th Judicial Circuit, requesting the return thereof to the Senate, was taken up and concurred in.

Ordered, That the Clerk inform the Senate thereof.

Mr. Trumbull demanded a call of the House, which having continued some time,

On motion of Mr. Olds,

Further proceedings under the call were dispensed with.

The Senate, preceded by their Speaker, appeared in the Hall of the House of Representatives, in pursuance of a joint resolution of the two Houses, for the purpose of electing an Auditor of Public Accounts, a Treasurer, a Fund Commissioner, a Public Printer, and State's Attorneys for the 2d, 4th, and 5th Judicial Circuits.

The vote being taken for Auditor of Public Accounts, stood thus:

For James Shields — 71.

For Levi Davis — 53.

Those, who voted for Mr. Shields, are,

Messrs. Alien, Evans, Feaman, Gaston, Hacker, Harris, Herndon, Houston, James, Johnston, Markley, Moore, Nunnally, Parrish, Pearson, Ralston, Richardson, Slocumb, Stadden, Warren, and Witt, of the Senate; and

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackmail, Busey, Carpenter, Cavarly, Courtright, Cram, Dodge, Dollins, Dougherty, Dun lap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laugh lin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy, of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker, of the House of Representatives — 71.

Those who voted for Mr. Davis, are,

Messrs. Baker, Churchill, Cullom, Davidson, Fithian, Hamlin, Harrison, Henry, Little, Monroe, Ross, Sargent, and Stapp, of the Senate; and

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie,

271

Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson, of the House of Representatives-53.

James Shields, having received a majority of all the votes given, was declared, by the Speaker of the House of Representatives, duly elected auditor of Public Accounts for the State of Illinois.

The two Houses then proceeded to vote for Treasurer, and the vote being taken, stood thus:

For Milton Carpenter-71.

For Enoch Moore — 51.

For John Moore — 1.

Those who voted for Mr. Carpenter, are,

Messrs. Alien, Evans, Feaman, Gaston, Hacker, Harris, Herndon, Houston James, Johnston, Markley, Moore, Nunnally, Parrish, Pearson, Ralston, Richardson, Slocumb, Stadden, Warren, and Witt, of the Senate; and

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McCIurken, McDonaId, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, WeSt. Wheeler, Wilson, Wood, and Mr. Speaker, of the House of Representatives — 71.

Those who voted for Mr. E. Moore, are,

Messrs. Baker, Churchill, Cullom, Uavidson, Fithian, Hamlin, Harrison, Henry, Little, Monroe, Ross, and Sargent, of the Senate; and

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown, of Sangamon, Brown of Vermillion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, and Woodson, of the House of Representatives — 51.

Mr. Stapp, of the Senate, voted for John Moore — 1.

Milton Carpenter, having received a majority of all the votes given, was declared, by the Speaker of the House of Representatives, duly elected treasurer of the State of Illinois.

The two Houses then proceeded to the election of Fund Commissioner, and the vote being taken, stood thus:

For John D. Whiteside-68.

Scattering-53.

Those who voted for Whiteside, are,

Messrs. Allen, Davidson, Evans, Feaman, Gaston, Hacker, Harris, Houston, James, Johnston, Markley, Moore, Nunnally, Pearson, Ralston, Richardson, Slocumb, Stadden, and Warren, of the Senate; and

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, English, Green, Hankins, Hicks, Humphrey, Kelley, Kitchell, Laughlin, Leary, Lester, McClernand, McClurken, McDonaId, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons,

272

Peck, Prentice, Reynolds, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, Wilson, Wood, and Mr. Speaker, of the House of Representatives — 68.

Messrs. Baker, Churchill, and Monroe, of the Senate, and Messrs. Archer, Baily, Bradford, Brown, of Sangamon, Drummond, Francis, and McLean, of the House, of Representatives, voted for Mr. Barrett — 10.

Messrs. Cullom, Henry, and Stapp, of the Senate, and Mr. Beall, of the House of Representatives, voted for Mr. Williams — 4.

Mr. Fithian, of the Senate, and Mr. Cunningham, of the House of Representatives, voted for Mr. Munsell — 2.

Mr. Witt, of the Senate, and Messrs. Busey and Dunlap, of the House of Representatives, voted for A. W. Snyder — 3.

Messrs. Hamlin and Harrison, of the Senate, voted for W. F. Thornton — 3.

Mr. Little, of the Senate, voted for John Doe — 1.

Mr. Ross, of the Senate, voted for Gov. Duncan — 1.

Mr. Sargent, of the Senate, voted for M. Stacy — 1.

Messrs. Hardin, Munsell, Phelps, and Woodson, of the House of Representatives, voted for Mr. Davis — 4.

Messrs. Darnielle and Hull, of the House of Representatives, voted for Joseph Duncan — 2.

Messrs, Edwards and Gillespie, of the House of Representatives voted for Mr. Grigg — 8.

Mr. Eennett, of the House of Representatives, voted for Mr. Grimsley — 1.

Mr. Brown of Vermilion, of the House of Representatives, voted for Mr. Fithian — 1.

Mr. Canady, of the House of Representatives, voted for Mr. Archer-1.

Mr. Charles, of the House of Representatives, voted for Wm. Ross — 1.

Mr. Cox, of the House of Representatives, voted for Wm. Thomas — 1.

Mr. Denny, of the House of Representatives, voted for Richard Roe — 1.

Mr. Emmerson, of the House of Representatives, voted for Mr. Froman — 1.

Mr. Froman, of the House of Representatives, voted for Mr. Canady-1.

Mr. Funk, of the House of Representatives, voted for Mr. Hardin-1.

Mr. Gridley, of the House of Representatives, voted for John Tillson, Jr. — 1.

Mr. Henderson, of the House of Representatives, voted for Mr. Penn-1.

Mr. Lincoln, of the House of Representatives, voted for Nick Biddle-1.

Mr. Menard, of the House of Representatives, voted for Tom Carlin-1.

Mr. Minshall, of the House of Representatives, voted for Bob Glenn-1.

Mr. Parkinson, of the House of Representatives, voted for N. Cloud-1.

Mr. Phillips, of the House of Representatives, voted for Mr. Emmerson-1.

Mr. Thornton, of the House of Representatives, voted for Mr. Newhall-1.

Mr. Threlkeld, of the House of Representatives, voted for Daniel Webster-1.

Mr. Troy, of the House of Representatives, voted for Wm. Conn-1.

273

Mr. Webb, of the House of Representatives, voted for Mr. Gillespie — 1.

Mr. WeSt. of the House of Representatives, voted for Mr. Charles — 1.

John D. Whiteside, having received a majority of all the votes given, was, by the Speaker of the House of Representatives, declared duly elected Fund Commissioner of the State of Illinois.

The two Houses then proceeded to the election of Public Printer, and the vote being taken, stood thus:

For William Walters — 70.

For Simeon Francis — 50.

For S. H. Davis — 3.

Those who voted for Mr. Walters, are,

Messrs. Alien, Evans, Feaman, Gaston, Hacker, Harris, Herndon, Houston, James, Johnston, Markley, Moore, Nunnally, Parrish, Pearson, Ralston, Richardson, Slocumb, Stadden, Warren, and Witt, of the Senate; and

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy, of Cook, Murphy, of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker, of the House of Representatives — 70.

Those who voted for Mr. Francis, are,

Messrs. Baker, Churchill, Cullom, Davidson, Fithian, Hamlin, Harrison, Henry, Little, Monroe, Ross, and Sargent, of the Senate; and

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown, of Sangamon, Brown, of Vermilion, Canady, diaries, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Minshall, Munsell, Parkinson, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson, of the House of Representatives — 50.

Those who voted for S. H. Davis, are,

Mr. Stapp, of the Senate, and

Messrs. Menard and Phelps, of the House of Representatives — 3.

William Waiters having received a majority of all the votes given, was declared by the Speaker of the House of Representatives, duly elected Public Printer of the State of Illinois.

The two Houses then proceeded to the election of a State's Attorney for the second Judicial Circuit, and the vote being taken, stood thus:

For W. H. Underwood — 70.

For Wm. S. Lincoln — -51.

Those who voted for Mr. Underwood, are,

Messrs. Alien, Evans, Feaman, Gaston, Hacker, Harris, Herndon, Houston, James, Johnston, Markley, Moore, Nunnally, Parrish, Pearson, Ral-ston, Richardson, Slocumb, Stadden, Warren and Witt, of the Senate; and

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck,

274

Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker, of the House of Representatives — 70.

Those who voted for Mr. Lincoln, are,

Messrs. Baker, Churchill, Cullom, Davidson, Fithian, Hamlin, Harrison Henry, Little, Monroe, Ross, Sargent, and Stapp, of the Senate; and

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Denny, Drum mond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson, of the House of Representatives — 51.

W. H. Underwood having received a majority of all the votes given was declared by the Speaker of the House of Representatives, duly elected State's Attorney for the second Judicial Circuit of the State of Illinois.

The two Houses then proceeded to the election of State's Attorney for the fourth Judicial Circuit, and the vote being taken, stood thus:

For Aaron Shaw — 71.

For Jacob Hardin — 47.

Scattering — 3.

Those who voted for Mr. Shaw, are,

Messrs. Alien, Evans, Feaman, Gaston, Hacker, Harris, Herndon, Houston, James, Johnston, Markley, Moore, Nunnally, Parrish, Pearson, Ralston, Richardson, Slocumb, Stadden, Warren, and Witt, of the Senate; and

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchen, Laughlin, Leary, Les-ter, Logan, McClernand, McClurken, McDonald, McGinnis, McLean, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Tur ney, Wheeler, Wilson, Wood, and Mr. Speaker, of the House of Representatives — 71.

Those who voted for Mr. Hardin, are,

Messrs. Baker, Churchill, Cullom, Davidson, Fithian, Hamlin, Harrison, Henry, Little, Monroe, Ross, and Sargent, of the Senate; and

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gridley, Hardin, Hull, Lincoln, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson, of the House of Representatives — 47.

Mr. Stapp, of the Senate, voted for Mr. Ficklin — 1.

Messrs. Gillespie and Menard, of the House of Representatives, voted for Mr. Webb — 2.

Aaron Shaw having received a majority of all the votes given, was declared by the Speaker of the House of Representatives duly elected State's Attorney for the fourth Judicial Circuit of the State of Illinois.

The two Houses then proceeded to the election of State's Attorney for the fifth Judicial Circuit, and the vote being taken, stood thus:

For William Elliott, jr. — 70.

For William Perkins — 47.

Scattering — 1.

275

Those who voted for Mr. Elliott, are,

Messrs. Alien, Evans, Feaman, Gaston, Hacker, Harris, Herndon, Houston, James, Johnston, Markley, Moore, Nunnally, Parrish, Pearson, Ralston Richardson, Slocumb, Stadden, Warren, and Witt, of the Senate; and

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker, of the House of Representatives — 70.

Those who voted for Mr. Perkins, are,

Messrs. Baker, Churchill, Cullom, Fithian, Hamlin, Harrison, Henry, Little, and Sargent, of the Senate, and

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson, of the House of Representatives — 47.

Mr. Stapp, of the Senate, voted for Mr. Hutchinson — 1.

William Elliott having received a majority of all the votes given, was declared by the Speaker of the House of Representatives, duly elected State's Attorney for the fifth Judicial Circuit of the State of Illinois;

The Senate then withdrew; when,

On motion of Mr. Webb,

The House adjourned.

Monday, January 25, 1841.

House met pursuant to adjournment.

Mr. Grain, from the committee on Enrolled Bills, reported as correctly enrolled, bills of the following titles:

"An act to repeal an act incorporating the town of Juliet,"

"An act for a State road from Shawneetown to Vienna;"

"An act to incorporate the town of Macomb;"

"An act to incorporate the town of Galesburg, in Knox county."

Mr. Murphy of Cook, presented the petitions and remonstrance of sundry citizens of McHenry county, in relation to the division of said county; which, without reading, on his motion, were referred to the committee on Counties.

Mr. Charles presented the petition and remonstrance of sundry citizens of Hancock, Adams, McDonough, and Schuyler counties, relating to the division of said counties; which, without reading, on his motion, were re-erred to the committee on Counties.

Mr. Drummond presented the petition and remonstrance of citizens of Winnebago county, in relation to the boundaries of said county; which,

276

without reading, on his motion, was referred to the committee on Counties.

Mr. Leary, from the committee on Enrolled Bills, reported as correctly enrolled, bills of the following titles:

"An act in relation to a road therein named;"

"An act to vacate a part of the town plat of the town of Griggsville."

Mr. Brown of Vermilion, presented the petition of G. W. Cassady and others for relief; which, on his motion, was read, and referred to a select committee.

Ordered, That Messrs. Brown of Vermilion, Munsell, and Busey, be said committee.

Mr. Hankins presented the petition of Stephen Sweet, praying a certain conveyance therein named; which, without reading, was referred to the committee on the Judiciary.

Mr. Bennett presented the remonstrance of sundry citizens of Mason county, against changing the name of said county; which, without reading, was referred to the committee on Counties.

Mr. Dun lap presented the remonstrance of 350 citizens of Lawrence county, against a division of said county; which, without reading, on his motion, was referred to the same select committee as the petition on the same subject was heretofore referred.

Mr. Green presented the petition of sundry citizens of Jasper county; which, without reading, was on his motion, referred to the same select committee to which was referred petitions on the same subject; and on his further motion,

Mr. Wilson was added to the said committee.

Mr. Gridley presented the remonstrance of the citizens of McLean county, against a division of said county; which, without reading, was referred to the committee on Counties.

On motion of Mr. Trumbull,

The rules of the House were dispensed with, and

Senate resolution in relation to the disagreeing vote of both Houses on the apportionment of representation of the State of Illinois, was taken up for consideration.

Mr. Trumbull moved that the House recede from its amendments to said Senate resolution.

Mr. Murphy of Perry, demanded a call of the House; pending the call,

Mr. Murphy of Cook, offered for adoption the following resolution:

Resolved, That the President of the State Bank be requested to inform this House, whether the State Bank of Illinois did resume specie payments on the day named, in the order of the Board of Directors, for the resumption of specie payments, and whether said bank has continued paying specie for their notes since that time, and if not, whether she has suspended specie payments altogether, or in any particular instances, and it so, the cause or reason thereof; which was agreed to.

Mr. Murphy of Perry, from the committee on Education, to which was referred a petition in relation to a certain school section, reported a bill for "An act to sell the school section in township fourteen north, of range eight, east of the 4th principal meridian;" which was read a first timer and a second time by the title, and

Ordered to be engrossed.

277

Mr. English, from the select committee to which was referred the petition of Melissa Trask, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Peck, from the committee on Finance, to which was referred the Senate bill for "An act making an appropriation for work done upon the State House, and materials furnished," reported the same back with the following amendment:

Strike out of section 4, 10th line from top, the figures or numerals "66-100" and substitute in lieu thereof the words "and sixty-six cents."

Also, section 4, second line from bottom, strike out figures or numerals "1826," and substitute in lieu thereof the words "the year of our Lord one thousand eight hundred and twenty-six;" which amendments were agreed to.

Mr. Brown of Vermilion, moved that all that part of the bill in the fourth section which relates to recovering a sum of money due from the citizens of Springfield to the State of Illinois, be stricken out.

The Doorkeeper having reported under the call of the House, the further consideration of the bill was postponed, and the question recurring on

Mr. Trumbull's motion, on receding from their amendments to the Senate resolution, on apportionment of the representation,

It was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Baldwin, Beall, Bennett, Blackmail, Brown of Vermilion, Canady, Cavarly, Charles, Cox, Cunningham, Darnielle, Denny, Edwards, English, Froman, Funk, Gillespie, Humphrey, Laughlin, Lincoln, McClurken, Moore, Reynolds, Ross, Shepley, Threlkeld, Troy, Trumbull, Turney, Wilson, and Woodson — 33.

Those who voted in the negative, are,

Messrs. Able, Archer, Barnett, Bentley, Bissell, Bradford, Busey, Carpenter, Courtright, Crain, Dodge, Dollins, Dougherty, Drummond, Dunlap, Emmerson, Francis, Green, Gridley, Hankins, Hardin, Henderson, Hull, Kelly, Kitchell, Leary, Lester, Logan, McDonald, McGinnis, McLean, Marshall, Menard, Minshall, Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Phelps, Phillips, Prentice, Scott, Thornton, Waters, WeSt. Webb, Wheeler, Wood, and Mr. Speaker — 54.

Senate bill for "An act to provide for the safe keeping and disbursement of the public revenue," was taken up for consideration, when it was

Ordered to a third reading.

The bill for "An act to authorize the State to lease the mills at New Haven and Carmi, on the little Wabash river," as reported from the committee on Canals and Canal Lands, was taken up for consideration.

Mr. Turney moved to strike out all after the word "that" and insert "The Sheriff of White county is hereby authorized and required to take to himself sufficient aid, and abate as a public nuisance, the mill-dams heretofore purchased by the State across the little Wabash river, at Carmi, and at New Haven."

SEC. 2. The said Sheriff shall receive such compensation for said services as the county commissioners of the said county of White may deem reasonable and juSt. to be paid out of the county treasuries of Wayne and Clay counties, in equal proportions.

278

SEC. 3. That the Governor of this State is hereby authorized to lease to some competent person or persons, for a term of years, to be determined or agreed upon by the contracting parties, the water power on the little Wabash river, at Carmi, and at New Haven, with conditions that the lessee or lessees shall erect good and substantial stone dams, with good and permanent locks of sufficient dimensions, for the passage of all boats or other crafts descending or ascending said river, and that the lessee or lessees shall at all times during said lease, keep said locks in good repair for the passage of all boats or other crafts, and shall open said locks for that purpose, when application shall be made, without charge, and he or they shall at no time during the occupancy of said water power obstruct the navigation of said river, under a penalty of the forfeiture of said lease.

SEC. 4. That the act, entitled "An act concerning the little Wabash river," approved February 3, 1840, be and the same is hereby repealed.

This act to be in force from and after its passage, and

On motion of Mr. Green,

Said bill and amendments were referred to a select committee.

Ordered, That Messrs. Green, Turney, Webb, Hankins, and Emmerson be said committee.

A bill for "An act to extend the limits of Bond county," was taken up for consideration.

On motion of Mr. Bentley,

The motion "to indefinitely postpone" said bill, was laid on the table, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bennett, Bentley, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dollins, Dnnlap, English, Green, Hankins, Henderson, Hicks, Humphrey, Kelly, Lester, McDonald, Marshall, Moore, Munsell, Murphy of Perry, Odam, Olds, Oliver, Ormshee, Parsons, Phelps, Prentice, Scott, Sheplcy,Trumbull, Turney,WeSt. Wheeler, Wilson, Wood, and Mr. Speaker — 41.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Darnielle, Denny, Dougherty, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Hardin, Kitchell, Lincoln, McClurken, McLean, Minshall, Phillips, Reynolds, Ross, Thornton, Threlkeld, Troy, Webb, and Woodson — 33.

When the bill was passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein.

The bill for "An act making an appropriation for work done on the State House, and materials furnished," informally laid aside, again coming up for consideration.

A message from the Senate, by Mr. Berry, their Assistant Secretary —

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have indefinitely postponed a bill for "An act amend the law in relation to chancery practice," when,

The House adjourned.

279

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Dodge demanded a call of the House, and pending call,

Mr. Bennett, on leave, from the select committee to which was referred a certain petition, reported a bill for "An act to divide certain monies therein named, between the counties of Cass, Menard, and Sangamon," which was read the first time, and the second time by its title, and

On motion of Mr. Ross,

Referred to a select committee of five.

Ordered, That Messrs. Ross, WeSt. Bennett, Brown of Sangamon, and Cox be said committee.

Mr. Wheeler, from the select committee to which was referred a Senate bill for "An act to authorize county commissioners of Pike county to execute a certain conveyance," reported the same back to the House with amendments; which were read, and concurred in, and the bill

Ordered to a third reading.

Mr. Phelps, on leave, introduced a bill for "An act to incorporate the Peoria and Marine and Fire Insurance Company;" which was read the first and second times by its title, and

On motion of Mr. Phelps,

Referred to the committee on Banks and Corporations.

Mr. Drummond, on leave, introduced a bill for "An act to incorporate the town of Rock Island, in Rock Island county;" which was read the first and second times by its title, and

Referred to the committee on Banks and other Corporations.

Mr. Waters, from the select committee to which was referred a certain petition, reported a bill for "An act for the relief of the collector of Pope county;" which was read the first time, and the second time by its title, and

Ordered to be engrossed; when,

On motion of Mr. Hardin,

Further proceedings under the call of the House were dispensed with, and

On motion of Mr. Trumbull,

The House again resolved itself into committee of the Whole,

Mr. English in the Chair, on the bill for "An act to reorganize the Judiciary of the State of Illinois."

And after some time spent therein, the committee rose, reported progress, and obtained leave to sit again.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have adopted the following resolution, to wit:

"Resolved by the Senate, the House of Representatives concurring herein,

That no new business shall be introduced at the present session of this , General Assembly, after the first day of February next; and that this General Assembly will adjourn sine dine, on the 15th day of February next ensuing."

In the passage of which they ask the concurrence of the House of Representatives; when,

The House adjourned.

280

Tuesday, January 26, 1841.

House met pursuant to adjournment.

Mr. Grain, from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following titles, to wit:

"An act concerning the taxes of Greene and Jersey counties,"

"An act to incorporate the town of Marion;"

"An act to create the county of Grundy from the county of La Salle;"

"An act to amend the several acts in relation to constables,"

"An act concerning the revenue of Bond county."

On motion of Mr. Ormsbee,

The petitions of citizens of Morgan, Scott, and Greene counties, presented to the Legislature at the session of 1838-9, and not acted on, and now on file in the office of the Secretary of State, were taken from said file, and referred to the committee on Counties.

Mr. Murphy of Cook presented the petition of Schuyler Strong, and others for the incorporation of the Springfield Insurance Company; which, without reading, on his motion, was referred to the committee on Banks and other Corporations.

Mr. Bradford presented the remonstrance of citizens of Sangamon county against a division of said county; which, without reading on his motion, was referred to the committee on Counties.

Mr. Denny presented the petition of citizens of Cherry Grove precinct, in Knox county, for an additional Justice of the Peace; which, without reading, on his motion, was referred to the same select committee as the other petitions relating to the same subject.

Mr. Lester presented the petition of citizens of Brown and Schuyler counties, praying for a State road from Beardstown to Mount Sterling; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Leary presented the petition of the County Commissioners' Court of the county of Cook for power to borrow money; which, without reading,on his motion, was referred to a select committee.

Ordered, That Messrs. Leary, Courtright, and Crain be said committee. I Mr. Peck presented the petition of Messrs. Lyon and Howard, contractors, for the improvement of the Illinois river; which, without reading,

On motion of Mr. Peck,

Was referred to the same select committee to which was referred petition of Cassady and others.

Mr. Brown of Sangamon presented the petition and remonstrance of 100 citizens of Sangamon county in relation to the division of said county; which, without reading, on his motion, was referred to the committee Counties.

Mr. Murphy of Cook moved that the House now take up for consideration a report made by him some days since, from the committee on Banks and other Corporations; which was not agreed to.

The Senate bill for "An act making an appropriation for work done up on the State House and materials furnished," coming up for consideration

281

and the question recurring on the motion of Mr. Brown of Vermilion to and the bill,

On motion of Mr. Dollins,

The proposed amendment was laid on the table, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bennett, Bentley, Blackman, Busey, Canady, Carpenter, Cavarly, Courtright, Cox, Crain, Cunningham, Dollins, Drummond, Dunlap Edwards, Emmerson, Froman, Funk, Green, Hankins, Hicks, Humphrey Kitchell, Laughlin, Lester, Logan, McClurken, McDonald, McGinnis, Marshall, Moore, Munsell, Murphy of Perry, Olds, Oliver, Ormsbee, Parkinson, Phillips, Prentice, Ross, Scott, Shepley, Threlkeld, Troy, Trumbull, Turney, Wheeler, Wilson, and Mr. Speaker — 80.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Barnett, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Charles, Darnielle, Denny, Dougherty, English, Francis, Gillespie, Gridley, Hardin, Henderson, Leary, Lincoln, McClernand, McLean, Menard, Minshall, Murphy of Cook, Odam, Peck, Reynolds, Thornton, Webb, WeSt. White, Woodson, and Wood — 33.

Mr. Cavarly moved to refer the bill to a select committee of five; which was not agreed to.

When Mr. McClernand moved to amend the bill by striking out so much thereof as relates to the liability of the citizens of Springfield, and inserting as follows:

"That the citizens of Springfield be and they are hereby released from all liability arising out of any law or laws locating the seat of Government at Springfield, or any laws relating thereto, or any contracts growing out of such laws, between the State and said citizens;" which,

On motion of Mr. Olds,

Was laid on the table, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Baldwin, Barnett, Bennett, Bentley, Bissell, Blackman, Busey, Canady, Carpenter, Cavarly, Charles, Court-right, Cox, Crain, Cunningham, Denny, Dollins, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Froman, Gillespie, Green, Gridley, Hankins, Hull, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, Marshall, Minshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Olds, Oliver, Ormsbee, Parkinson, Parsons, Phelps, Phillips, Prentice, Reynolds, Ross, Scott, Shepley, Threlkeld, Troy, Trumbull, Turney, Waters, WeSt. Wheeler, Wilson, Woodson, and Mr. Speaker-69.

Those who voted in the negative, are,

Messrs. Beall, Bradford, Brown of Sangamon, Darnielle, English, Francis, Hardin, Henderson, Lincoln, McClernand, McLean, Menard, Peck, Thornton, Webb, and White — 15.

Mr. Turney demanded the previous question; which was not sustained, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dollins; Dougherty, English, Froman, Green, Hankins, Humphrey, Kitchell, Laughlin, Lester, Logan, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Perry, Prentice

282

Ross, Scott, Shepley, Turney, Wheeler, Wilson, and Mr. Speaker-37.

Those who voted in the negative, are,

Messrs. Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Funk, Gillespie, Gridlev, Hardin, Henderson, Hull, Leary, Lincoln, McClernand, McLean, Menard,Minshall, Munsell, Murphy of Cook, Odam, Oliver, Ormsbee, Parkinson, Parsons, Peck, Phelps, Phillips, Reynolds, Thornton, Threlkeld,Troy, Trumbull, Waters, Webb, and West — 46.

Mr. Brown of Vermilion moved to amend the fourth section of the bill by striking out all that relates to the immediate collection of money due from the citizens of Springfield, on account of the State House, and inserting as follows:

"And that the citizens of Springfield are hereby permitted to execute a new bond for the residue remaining Unpaid on the bond to the Treasurer of State, payable in three equal annual installments; and the Attorney General shall institute suit for each installment as the same becomes due if not paid."

Mr. Olds moved to lay said proposed amendment on the table; which was not agreed to.

Mr. Turney moved to amend the proposed amendment by adding the following proviso:

"Provided, The people of Wayne county be allowed to pay their State revenue; in the same proportion that is allowed the people of Springfield, in the payment of their State House obligation of $16,666 66; which,

On motion of Mr. Dougherty,

Was laid on the table.

Mr. Ross moved to amend the proposed amendment offered by Mr. Brown of Vermilion, by adding the following proviso:

"Provided, That no further appropriations be made for the construction of the State House until the balance due from the citizens of Springfield to the State of Illinois be paid and fully discharged;" which proposed amendment was laid on the table,

On motion of Mr. Webb,

Mr. Ross moved to amend the amendment by inserting after the word "instalments" the words "bearing interest at the rate of twelve per cent. per annum;" which motion,

On motion of Mr. Archer,

Was laid on the table, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Cox, Cunningham, Darnielle, Denny, Dougherty, Edwards, Emmerson, English, Francis, Funk, Gilles pie, Gridley, Hardin, Henderson, Hull, Leary, Lincoln, McClernand, Mc Lean, Menard, Minshall, Munsell, Murphy of Cook, Odam, Parkinson, Peck, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 44.

Those who voted in the negative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Cavarly, Courtright, Grain, Dollins, Frornan, Green, Hankins, Humphrey, Kitchell, Laughlin, Lester, Logan, McClurken, McDonald, McGinnis,

283

Marshall, Moore, Murphy of Perry, Olds, Oliver, Ormsbee, Parsons, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Mr. Speaker-39.

Mr. Bentley moved to lay the bill and proposed amendment on the table, which was not agreed to;

And on agreeing to the amendment proposed by Mr. Brown of Vermilion,

It was rejected by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Darnielle, Dougherty, Edwards, English, Francis, Funk Gillespie, Gridley, Hardin, Henderson, Hull, Leary, Lincoln, Logan, McClernand, McLean, Menard, Minshall, Munsell, Murphy of Cook, Parkinson, Peck, Phelps, Phillips, Reynolds, Thornton, Troy, Waters, WeSt. White, and Woodson — 40.

Those who voted in the negative, are,

Messrs. Baldwin, Bentley, Bissell, Blackman, Busey, Canady, Carpenter, Cavarly, Courtright, Cox, Crain, Cunningham, Dollins, Drummond, Emmerson, Froman, Green, Gridley, Humphrey, Kitchell, Laughlin, Lester, McClurken,McGinnis, McDonald, Marshall, Moore, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Prentice, Ross, Scott, Shepley, Threlkeld, Trumbull, Turney, Wheeler, Wilson, Wood, and Mr. Speaker — 43.

Mr. Turney demanded the previous question; which was not sustained.

Mr. Ormsbee moved to amend the first section by adding the following:

"Which appropriation shall be applied to the payment of debts due for work done upon the State House, and for furniture and materials furnished by different persons for the State, without the authority of law."

On motion of Mr. Cavarly,

The amendment was amended by striking out the words "without the authority of law," when the amendment, as amended, was agreed to.

Mr. Lincoln moved to amend the fourth line of the first section of the bill by striking out "twenty" and inserting "thirty."

Mr. Ormsbee demanded the previous question; which was sustained,

And the question being on agreeing to the amendment proposed by Mr. Lincoln,

It was decided in the affirmative, and the bill, as amended, was

Ordered to a third reading.

Mr. Murphy of Cook, from the committee on Banks and other Corporations, to which was referred the bill for "An act to authorize the construction of a railroad from La Salle, in La Salle county, to Dixon, in Lee county, and for chartering a company with authority to construct said road, to be called the Illinois and Rock river Railroad Company," reported the same back to the House; which,

On motion of Mr. Drummond,

Was laid on the table.

Mr. Hardin, from the Judiciary committee, introduced for adoption the following resolution:

"Resolved by the House of Representatives, the Senate concurring herein,

That this General Assembly will adjourn sine die, on the 22d day of February, 1841, and that the hour of adjournment shall be 9 o'clock, A. M."

Mr. Trumbull moved to lay said resolution on the table; which was not agreed to, yeas and nays, as follows:

284

Those who voted in the affirmative, are,

Messrs. Baldwin, Bentley, Bissell, Cavarly, Courtright, English, Gillespie, Green, Hanking Humphrey, Laughlin, Leary, Lester, Logan, Mc Clernand, McDonald, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Ross, Shepley, Trumbull, Waters, Wheeler, Wood, and Mr. Speaker — 33.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Carpenter, Cox, Crain Cunningham, Darnielle, Denny, Dollins, Dougherty, Drummond, Dunlap Edwards, Emmerson, Francis, Froman, Funk, Gridley, Hardin, Henderson, Hull, Kitchell, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Prentice, Reynolds, Scott, Thornton, Threlkeld, Troy, Turney, Webb, WeSt. Wilson, and Woodson — 49.

Mr. Olds moved to amend the resolution by adding the following proviso:

"Provided, The necessary public business shall have been received, acted upon, and settled."

Mr. Wheeler offered for adoption the following amendment:

"That this General Assembly believe that the ostensible purpose for which the Legislature is now in session is to do the business of the people, and until the last hour of this session that we have no constitutional right to say that we will receive no business, believing that it would be a breach of the public faith; therefore,

"Resolved, That we proceed with the business, and so soon as the important business is dispensed with, we adjourn sine die, and forthwith repair to our constituents, and then and there answer to them for the manner we have represented them."

On motion,

The House adjourned until 3 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment,

Mr. Crain, from the committee on Enrolled Bills, reported as laid before the Council of Revision, on the 25th instant, bills of the following titles:

A bill for "An act to incorporate the town of Macomb;"

A bill for "An act to incorporate the town of Galesburg, in the county of Knox;"

A bill for "An act to repeal an act incorporating the town of Juliet"

"An act for a State road from Shawneetown to Vienna."

Mr. Brown of Vermilion demanded a call of the House.

Proceedings under the call having continued for some time,

On motion of Mr. Brown of Vermilion,

Further proceedings under the call were dispensed with.

On motion of Mr. English,

The House again resolved itself into committee of the Whole, on "An act reorganizing the Judiciary of the State of Illinois," Mr. English in the

285

Chair, and after some time spent therein, the committee rose, reported progress, and obtained leave to sit again.

Amessage from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted the following order, viz:

Ordered, That a committee of conference be appointed on the disagreeing vote of the two Houses, upon the joint resolution, fixing the ratio of representation.

In the passage of which they ask the concurrence of the House of Representatives, and they have appointed Messrs. Ross, Hacker, and Moore, the committee on the part of the Senate.

They have concurred with the committee of conference in their amendments to a joint resolution having for its object the revisal of all laws of a general nature, of this State. The resolution as amended, reads as follows:

Resolved, That the Attorney General and Secretary of State be required to make a digest of all the laws of this State, of a general nature, which may be in force at the close of the present session of this General Assembly said digest to be accompanied by a full and correct index thereto, and that they present the same at the commencement of the next session of the General Assembly, for their approval or rejection.

In which amendments they ask the concurrence of the House of Representatives; when,

On motion,

The House adjourned.

Wednesday, January 27, 1841.

House met pursuant to adjournment.

Mr. Crain, from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following titles:

"An act to authorize James M. Strode to build a dam across Fox river;"

"An act to sell the school section in township fourteen north, of range eight east of the fourth principal meridian;"

"An act for the relief of the collector of Pope county,"

"An act to re-locate the county seat of Lake county."

On motion of Mr. Cavarly,

The Senate message for the appointment of a committee of conference on the disagreeing vote of the two Houses upon the joint resolution, fixing the ratio of representation, was taken up for consideration, read and concurred in.

Ordered, Messrs. Cavarly, Murphy of Perry, Webb, Gridley and Lester be the committee on the part of the House, and that the Clerk inform the Senate thereof.

On the motion of Mr. Lincoln,

The Senate bill for "An act making an appropriation for work done on the State House, and for materials furnished," was taken up for consideration, read the third time, passed as amended.

Ordered, That the title be as amended, and that the Clerk inform the Senate thereof, and ask their concurrence in the amendments thereto.

286

Mr. Brown of Sangamon, presented the petition of citizens of Sangamon county, in relation to a division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Drummond presented the remonstrance of citizens of Winnebago county, against a change in the boundaries of said county; which without reading, on his motion, was referred to the committee on Counties.

Mr. Webb presented the petition of citizens of White and Wayne counties, to extend to Charles J. Weed further time for completing mills; which, without reading, on his motion, was referred to the committee on the Judiciary.

A message from the Council of Revision, by Mr. Purinton, Secretary to the Council:

Mr. Speaker: I am directed by the Council of Revision to inform the House of Representatives, that on Tuesday, the 26th inst., they approved of bills of the following titles, to wit:

"An act to provide for reviewing certain State roads;"

"An act to change the name of a person therein named;"

"An act to legalize the acts of the commissioners of Jasper county"

"An act for the location of a State road in the counties of Hamilton Franklin, and Perry;"

"An act to vacate a part of the town plat of Bennett's addition to the town of Petersburg, and for other purposes,"

"An act to authorize the commissioners of Christian county to borrow money."

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have passed bills of the following titles, viz:

"An act to establish a State road from York, in dark county, to Waterton, in Clay county;"

"An act regulating evidence in certain cases;"

"An act in relation to the public square in the original town of Ottawa."

In the passage of which, they ask the concurrence of the House of Representatives.

They have concurred with the House of Representatives in the passage of bills of the following titles:

"An act concerning the town of Belvidere;"

"An act to prevent the unlawful driving away of cattle and other stock, by drovers and others," as amended by them.

In which amendments, they ask the concurrence of the House of Representatives.

They have concurred with the House of Representatives in the passage of bills of the following titles:

"An act to authorize the Sheriff of Gallatin county to make a deed to Daniel Wood for a tract of land therein named;" and

"An act to incorporate the Pisgah Academy."

Mr. Leary presented the petition of citizens of Cook county, to authorize William Sherman to build a toll bridge across the Calumet rivers which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Leary, Murphy of Cook, and McLean be said committee.

287

Mr. Thornton presented the petition of citizens of Millersburg, for the change of the name of said town; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Thornton, Laughlin, and Canady be said committee.

Mr. Dodge presented the petition of Hester Ann Dawson for a divorce; which, without reading, on his motion, was referred to the committee on the Judiciary.

Also, the petition of citizens of Kane and Du Page counties for a State road; which, without reading, on his motion, was referred to the committee on State Roads.

Also, the petition of citizens of La Salle county, for a division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. McClernand, on leave, introduced a bill for "An act to create a Commissioner of Public Works, and to provide for the preservation and disposition of the property belonging thereto, and for other purposes," which was read the first time, and the second time by its title, and

On motion of Mr. McClernand,

Referred to the committee on Internal Improvements.

Mr. Leary, from the committee on Enrolled Bills, reported that the committee had this day laid before the Council of Revision, bills of the following titles:

"An act to vacate a part of the town plat of the town of Griggsville;"

"An act in relation to a road therein named."

The resolution under consideration when the House adjourned yesterday morning, for the adjournment of the Legislature sine die on the day of coming up for consideration,

The amendment offered by Mr. Olds thereto, was rejected by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bentley, Bissell, Cavarly, Courtright, Crain, Dodge, English, Green, Hankins, Hicks, Humphrey, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Par-sons, Peck, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, White, Wood, and Mr. Speaker — 39.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Barnctt, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Carpenter, Charles, Cox, Cunningham, Darnielle, Denny, Dollins, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, McLean, Menard, Minshall, Munsell, Parkin-son, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. Wilson, and Woodson — 46.

And the question being on agreeing to the amendment proposed by Mr. Wheeler,

The preamble to the resolution was withdrawn by the mover, and Mr. McClernand moved to amend the amendment by striking out the words "forth with repair to our constituents, and then and there answer to them for the manner we have represented them," when,

288

On motion of Mr. Henderson,

The amendment proposed by Mr. Wheeler was laid on the table.

Mr. Wheeler moved to amend the resolution by striking out all after the word "resolved" and inserting the following:

"That after the 28th of this month, we hold night sessions, to wit:

On Mondays at 7 o'clock, and Wednesdays we meet at the hour's of 7 in the afternoon: which,

On motion of Mr. Hardin,

Was laid on the table.

Mr. Bissell moved to lay the resolution on the table; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Busey, Cavarly, Courtright Crain, Dodge, English, Green, Hankins, Hicks, Hull, Humphrey, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Scott, Shepley, Trumbull Turney, Wheeler, White, Wood, and Mr. Speaker — 42.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Carpenter, Charles, Cox, Cunningham, Darnielle, Denny, Dollins, Dougherty,Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. Wilson, and Woodson — 45.

Mr. Carpenter moved to amend the resolution by striking out the22d February, and inserting the "first of March nest;" and after discussion thereon,

Mr. Carpenter moved the previous question.

Mr. Murphy of Cook, moved that the House adjourn;

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Murphy of Cook, Parkinson, Phelps, Phillips, Reynolds, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 43.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, Marshall, Moore, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Thornton, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 43.

Mr. Trumbull demanded a call of the House, and the roll having been called over,

Mr. Murphy of Cook, moved to dispense with further proceedings under the call of the House;

289

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bennett, Bentley, Bissell, Blackman, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Hankins, Hicks, Humphrey, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, Murphy of Cook, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Scott, Shepley, Trumbull, Turney, Waters, Wheeler, White, Wilson, Wood, and Mr. Speaker-40.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Carpenter, Charles, Cox, Cunningham Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Green, Gridley, Hardin, Henderson, Hull, Leary Lincoln, McLean, Marshall, Menard, Minshall, Moore, Mun-sell Murphy of Perry, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. and Woodson — 47.

When,

On motion of Mr. Murphy of Cook,

Further proceedings under the call of the House were dispensed with.

Mr. Lincoln, on leave, introduced a bill for "An act authorizing certain debtors of the State to discharge their indebtedness in Illinois internal improvement scrip;" when,

On motion,

The House adjourned until 2 o clock.

Two O'Clock, P. M.

House met pursuant to adjournment.

House bill for "An act in relation to paupers," was read the first time, and the second time by its title, and

Ordered to be engrossed.

House bill for "An act authorizing certain debtors of the State to discharge their indebtedness in Illinois internal improvement scrip," was read the first time, and the second time by its title, and

On motion of Mr. Turney,

Referred to the committee on Finance.

Mr. McClernand, on leave, introduced a bill for "An act authorizing the mutual conveyance of certain lots by and between the Auditor of Public Accounts and J. Whitney," which was read the first time, and the second time by its title, and

On motion of Mr. McClernand,

Referred to the committee on Internal Improvements; when,

On motion of Mr. Hardin,

The House now resolved itself again into committee of the Whole, on the bill for "An act reorganizing the Judiciary of, the State of Illinois."

Mr. English in the Chair; and after some time spent therein, the committee rose, reported progress, and obtained leave to sit again.

A message from the Council of Revision, by Mr. Purrinton Clerk of the Council:

290

Mr. Speaker: I am directed by the Council of Revision to inform the House of Representatives, that they have this day approved bills of the following titles:

"An act to repeal an act incorporating the town of Juliet,"

"An act for a State road from Shawneetown to Vienna;"

"An act to incorporate the town of Macomb;"

"An act to incorporate the town of Galesburg, in Knox county;"

"An act to vacate a part of the town plat of the town of Griggsville"

"An act in relation to a road therein named;"

"An act for the formation of the county of Piatt."

Also, on Wednesday, the 20th inst.

"An act for the formation of the county of Mason;" when,

On motion,

The House adjourned.

Thursday, January 28, 1841.

House met pursuant to adjournment.

Mr. Parsons, from a select committee to which had been, by mistake, referred a certain petition, reported the same back to the House, and was discharged from the further consideration of the same; and

On motion of Mr. Denny,

The petition was referred to a select committee, composed of Messrs. Denny, Francis, and Henderson.

Mr. Barnett presented the petition of citizens of Shelby county, in relation to a division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Hankins presented the petition of citizens of Fayette county, in relation to the passage of a law for the sale of property taken by execution; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Hankins, Dollins, and Kitchell, be said committee.

Mr. White presented the petition of citizens of Macon, Christian, and Sangamon counties for a State road; which, without reading, on his motion, was referred to the committee on State Roads.

On motion of Mr. Logan,

The bill for "An act in relation to the payment of Auditor's warrants," was taken up for consideration, read the third time, and

Mr. Phelps moved to amend the bill by adding the following as additional sections:

"SEC. 4. Be it further enacted, That it shall be the duty of the Auditor of State, forthwith after the passage of this act, to notify the collectors of the several counties of this State, of the amount of interest due the school fund, and which, by existing laws, is to be distributed for school purposes in said counties for the current year; and the collectors aforesaid shall immediately pay over to the school commissioner of the proper county the sum due on account of interest of the school fund, or so much thereof as he may have in his hands belonging to the State, and shall from time to time continue to pay over as fast as it comes into his hands, until the whole

291

is paid, any law or usage contrary notwithstanding; and if such collection shall refuse or neglect to comply with the requisitions of this section, he shall forfeit and pay the sum of five hundred dollars, to be recovered before any court having competent jurisdiction thereof; which sum shall be recovered at the suit, and in the name of the school commissioner, and by him applied for school purposes in said county. And it is made the especial duty of school commissioners to enforce the provisions of this section."

SEC. 5. Be it further enacted, That it shall be the duty of the Auditor of State, on the first Monday in January, in each succeeding year, to make out and forward to the collectors in the different counties of the State, a statement of interest due on school fund, as provided in the previous section; and the several collectors shall proceed to pay over, as is provided in said section, or, on neglect or refusal, to incur all the liabilities therein set forth, and recoverable by the provisions of said section.

Provided, That the school commissioners' receipt on the back of the State Auditor's notice to county collectors, shall be deemed a sufficient voucher for said collector, to present to such auditor on any settlement with him in regard to State revenue.

And provided also, That the claims arising under the two previous sections shall have precedence of all Auditor's warrants, whether presented or not to said collector.

Mr. Trumbull moved to lay the amendment on the table,

Mr. Logan demanded the previous question; which was sustained.

And the question being put on laying the proposed amendment on the table,

It was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Bennett, Bentley, Bissell, Blackman, Carpenter, Courtright, Dodge, Dollins, Dougherty, English, Green, Hankins, Humphrey, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, White, Wood, and Mr. Speaker — 41.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Cavarly, Charles, Cox, Crain, Cunningham, Darnielle, Denny, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hicks, Hull, Kelly, Kitchell, Laughlin, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. Wheeler, Wilson, and Woodson — 50.

When the proposed amendment was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Cavarly, Charles, Cox, Crain, Cunningham, Darnielle, Denny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, English, Francis, Froman, Funk, Gillcspie, Gridley, Hardin, Henderson, Hicks, Hull, Kelly, Kitchell, Laughlin, Lester, Lincoln, McLean, Menard, Minshall, Munsell, Oliver, Parkinson, Parsons, Phelps, Phillips, Reynolds,

292

Thornton, Threlkeld, Troy, Turney, Waters, Webb, WeSt. Wheel Wilson, and Woodson — 56.

Those who voted in the negative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Carpenter, Courtright, Dodge, Dollins, Green, Hankins, Humphrey, Leary, Logan, McClernand, McClurken, MeDonald, McGinnis, Marshall, Moore, Mur phy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Peck, Prentice Ross, Scott, Shepley, White, Wood, and Mr. Speaker — 34.

And the question being put on the passage of the bill,

It was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs, Able, Archer, Baldwin, Beall, Bennett, Bentley, Busey, Canady Carpenter, Cavarly, Crain, Dollins, Emmerson, English, Francis, Froman Funk, Gridley,Hicks, Hull, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, McDonald, McLean, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Prentice, Reynolds, Ross, Shepley,Turney, and Wilson — 43.

Those who voted in the negative, are,

Messrs, Bailey, Barnett, Bissell, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Charles, Courtright, Cox, Cunningham, Darnielle, Denny, Dodge, Dougherty, Drummond, Dunlap, Edwards, Gillespie, Green, Hankins, Hardin, Henderson, Lincoln, Logan, McClernand, McClurken, McGinnis, Marshals, Menard, Minshall, Oliver, Parkinson, Phelps, Phillips, Scott, Thornton, Threlkeld, Troy, Trumbull, Waters, Webb, WeSt. Wheeler, White, Woodson, Wood, and Mr. Speaker — 48.

The resolution reported sonic days since by

Mr. Hardin, from the committee on the Judiciary, fixing a day for the adjournment of the Legislature, sine die, coming up for consideration,

And the question being — "Shall the main question be now put?"

Which had been moved on the preceding day,

It was decided in the affirmative.

The question then arising on the motion made by Mr. Carpenter to strike out "twenty-second day of February," and insert the "first of March,"

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Bradford, Carpenter, Cavarly, Courtright, Dodge, Dollins, Dougherty, Dunlap, English, Gillespie, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Menard, Minshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Ross, Scott, Shepley, Trumbull,Turney, WeSt. Wheeler, White, Wilson,and Mr. Speaker — 52.

Those who voted in the negative, are,

Messrs. Archer, Bailev, Beall, Bennett, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Charles, Cox, Crain, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gridley Hardin, Henderson, Hull, Lincoln, McLean, Munsell,Parkinson, Phelps, Phillips, Prentice, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, Woodson, and Wood — 39.

293

When the resolution, as amended, was agreed to.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence therein.

Mr. Murphy of Cook, from the committee on Banks and other Corporations to which was referred the Senate bill for "An act to amend an act, entitled ‘An act to incorporate the Jo Daviess Marine and Fire Insurance Company,’" reported the same back to the House with an amendment; which was read, and concurred in, and the bill, as amended, was

Ordered to a third reading.

Mr. Murphy of Cook, from the same committee to which had been referred the bill for "An act to incorporate the Cairo City Mills," reported the same back to the House with an amendment; which was read, and before the vote was taken on agreeing to the report of the committee,

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Archer, from the select committee to which was referred the bill for "An act to create a permanent Board of Auditors," reported the same back to the House with amendments, which were read and concurred in, and the bill

Ordered to be re-engrossed.

Mr. Drummond, on leave, from the select committee to which was referred a certain petition, reported a bill for "An act changing the name of the town of Chatham, in Whiteside county;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. WeSt. on leave, introduced a bill for "An act concerning Cass county," which was read the first and second times by its title, and

On motion of Mr. WeSt.

Referred to the select committee of five.

Ordered, That Messrs. WeSt. Hardin, Murphy of Perry, and Barnett be said committee.

A message from the Senate, by Mr. Moore, a Senator:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed a bill of the following title:

"An act making provisions for organizing and maintaining common schools."

In the passage of which they ask the concurrence of the House of Representatives.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have adopted the following resolution:

Resolved by the Senate, the House of Representatives concurring herein, That the two Houses will meet in the Hall of the House of Representatives at 2 o'clock, P. M., on Monday, the first day of February, for the purpose of going into the election of circuit attornies for the 1St. 6th, 7th,

294

and 9th judicial district; also, a Treasurer and Acting Commissioner, and President of the Canal Board of the Illinois and Michigan Canal.

In the adoption of which, they ask the concurrence of the House of Representatives; when,

On motion of Mr. Cavarly,

The House again resolved itself into committee of the Whole House,

Mr. English in the Chair, on the bill for "An act reorganizing the Judciary of the State of Illinois."

And after some time spent therein, the committee rose, reported progress, and obtained leave to sit again; when,

On motion,

The House adjourned.

Friday, January 29, 1841.

House met pursuant to adjournment.

Mr. Crain, from the committee on Enrolled Bills, reported as correctly enrolled, bills of the following titles:

"An act to incorporate the Pisgah Academy;"

"An act authorizing the Sheriff of Gallatin county to make a deed to Daniel Wood, for a tract of land therein named;"

"An act concerning the town of Belvidere."

On motion of Mr. Murphy of Perry,

The Senate bill for "An act making provision for organizing and maintaining common schools," was taken up for consideration, read the first and second times by its title, and referred to the committee on Education.

Mr. Parsons presented the petition of citizens of Illinois, in relation to a State road; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Drummond presented the petition of citizens of Winnebago county, in relation to the improvement of the Rapids of Rock river; which was read, and on his motion, referred to a select committee.

Ordered, That Messrs. Drummond, Thornton, and Threlkeld be said committee.

The Speaker laid before the House a communication from R. F. Barrett, Fund Commissioner, in relation to internal improvement intereSt. &c, which was read, and,

On motion of Mr. Ormsbee,

So much of said communication as relates to contracts, was referred to the committee on the Judiciary, with the following instructions:

"To enquire into the nature of the contract or contracts of hypothecation of bonds by Mr. Barrett, as Fund Commissioner, with a view of ascertaining whether said contract or contracts have been made strictly in accordance with law, and that they report upon the subject;"

And so much of said communication as relates to finance was referred to the committee on Finance.

Mr. Munsell moved that one thousand copies of said communication be printed; which was not agreed to.

295

Mr. Turney moved the printing of one hundred and fifty copies; which was agreed to.

Mr. Cavarly, from the committee of conference on the disagreeing vote of the two Houses on the resolution to fix the ratio of representation for this House, made the following report:

"This committee have held a conference with the committee on the part of the Senate, and after canvassing the subject, the majority have determined that the ratio of representation, under the census of 1840, shall be four thousand, thus giving one Representative in this House for each four thousand inhabitants under said census, and have directed me to report the same to this House as the ratio agreed upon by a majority of said committee."

Mr. Leary presented the remonstrance of citizens of Cook county against a division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Lincoln presented the petition of citizens of Sangamon county, to authorize Richard C. Norred to erect a mill-dam across the Sangamon river; which, without reading, on his motion, was referred to a select committee.

Ordered, That Messrs. Lincoln, Francis, and White be said committee.
Mr. Prentice presented the remonstrance of 200 citizens of Shelby county; which, without reading, on his motion, was referred to the committee en Counties.

Mr. Dunlap presented the petition of 375 citizens of Clay and Lawrence counties, for a new county; which, without reading, on his motion, was referred to the same select committee to which was referred the former petitions on the same subject.

Mr. Carpenter, from the committee on Counties, to which was referred the Senate bill for "An act to define the bounds of Boone county," reported the same back to the House with an amendment; which was read, and,

On motion of Mr. Drummond,

Referred to a select committee.

Ordered, That Messrs. Drummond, Murphy of Cook, and Dodge be said committee.

Mr. Trumbull, from the committee on the Judiciary, to which was referred a certain resolution in relation to jails and jailors, reported the same sack to the House, and was discharged from the further consideration of the same.

Mr. Trumbull, from the committee on the Judiciary, to which was referred a bill for "An act to exempt certain articles from execution," reported the same back to the House with amendments; which were read, and discussion arising thereon, the bill was informally laid aside, and,

On motion of Mr. Drummond,

The bill for "An act entitled an act to authorize the construction of a railroad from La Salle, in La Salle county, to Dixon, in Lee county, and for chartering a company with authority to construct said railroad, to be called the Illinois and Rock river Railroad Company," was taken up for consideration, and

Ordered to be engrossed.

And the bill for "An act to incorporate the Cairo City Mills," which was under consideration when the House adjourned yesterday morning, coming up for consideration,

296

Mr. Dougherty demanded a call of the House, and pending the call of the House,

Mr. Brown of Sangamon, from the committee on Agriculture and Manufactures, to which was referred a certain resolution, made a report; which was read, accompanied by a bill for "An act to amend the act incorporating agricultural societies;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Ross, on leave, introduced a bill for "An act for the formation of the tenth Judicial Circuit of the State of Illinois;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Archer, from the committee on State Roads, to which was referred a certain petition, reported a bill for "An act to incorporate the Union Turnpike Company;" which was read the first and second times by its title, and

Ordered to be engrossed.

Mr. Green, from the committtee on Claims, to which was referred a certain resolution, made a report, accompanied by a bill for "An act making compensation to John L. Heffington and others, for the apprehension uf Aaron and William Todd;" which was read the first and second times by its title, and,

On motion of Mr. Olds,

The bill was amended by striking out "seventy-five dollars" and inserting "one hundred dollars;" when the bill was

Ordered, to be engrossed.

Mr. Leary, from the committee on the Judiciary, to which was referred the bill for "An act for the relief of James McKee," reported the same back to the House, with an amendment as a substitute; which was read and concurred in, and the bill was

Ordered to be engrossed.

Mr. Cunningham, from the select committee to which was referred a certain petition, reported a bill for "An act to relocate a State road in Coles county," which was read the first and second times by its title, and Mr. Cavarly moved to lay the bill on the table; which was not agreed to; when,

On motion of Mr. Ross,

The same was referred to the committee on State Roads.

The Doorkeeper having reported,

The House resumed the consideration of the bill for "An act to incorporate the Cairo City Mills;"

And Mr. Peck moved to amend the report of the committee on Banks and other Corporations, by adding the following:

"Which liability shall continue for one year after any assignment stock shall have been made by any stockholder, which assignment shall not be valid or have any force, until after the same shall have been entered on record on the books of the company at Cairo, which books shall be open at all times for the examination of any person who shall be a creditor of said company."

Mr. Dougherty moved to lay the proposed amendment on the table; which was not agreed to, by yeas and nays, as follows:

297

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Laughlin, Leary, McLean, Menard, Min shall, Munsell, Murphy of Cook, Murphy of Perry, Parkinson, Phelps, Philips, Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. and Wood-son — 41.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins Hicks, Humphrey, Kelly, Kitchell, Lester, Logan, McClernand, Mc-Clurken, McDonald, McGinnis, Marshall, Moore, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Shepley, Trumbull, Turney, Waters, Wheeler, White, Wilson, Wood, and Mr. Speaker — 45.

A message from the Governor, by Mr. Dou glass, Secretary of State:

Mr. Speaker: l am directed by the Governor to lay before the House of Representatives a written communication; when,

On motion,

The House adjourned until 2 o'clock, P. M.

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Oliver, from the select committee to which was referred a certain petition, reported a bill for "An act authorizing the proprietors of Metropolis City, in the county of Johnson, to alter the plat thereof;" which was read the first and second times by its title, and

Ordered to be engrossed.

On motion of Mr. Brown of Vermilion,

The House again resolved itself into committee of the Whole on the bill for "An act reorganizing the Judiciary of the State of Illinois, Mr. English in the Chair, and after some time spent therein, the committee rose, reported progress, and asked leave to sit again; and before the vote was taken on granting leave,

Mr. Dougherty moved that the House adjourn: which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Blackman, Brown of Vermilion, Busey, Canady, Charles, Denny, Dougherty, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hankins, Hardin, Henderson, Hicks, Hull, Laughlin, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Webb, WeSt. Woodson, and Wood-40.

Those who voted in the negative, are,

Messrs. Baldwin, Barnett, Bissell, Bradford, Brown of Sangamon, Carpenter, Cavarly, Courtright, Cox, Crain, Cunningham, Darnielle, Dodge, Dollins, English, Green, Humhprey, Kelly, Kitchell, Lester, Logan, McClernand, McClurken, McDonald, Moore, Murphy of Cook, Murphy of

298

Perry, Odam, Olds, Ormsbee, Parsons, Peck, Ross, Shepley Trumbull, Turney, Waters, Wheeler, White, and Mr. Speaker — 41.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have concurred with the committee of conference in their report upon the disagreeing vote of the two Houses upon the joint resolution fixing the ratio of representation, said committee having reported in favor of the amendments of the House of Representatives to said resolution.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have concurred with them in the passage of a bill Of the following title, viz:

"An act to incorporate the Union Manufacturing Company."

A message from the Council of Revision, by Mr. Purinton, the Secretary of the Council:

Mr. Speaker: I am directed by the Council of Revision to inform the House of Representatives that they have this day approved bills of the following titles:

"An act concerning the town of Belvidere;" and

"An act to incorporate the Pisgah Academy;"

When the question being put on granting leave to the committee of the Whole House to sit again oh the Judiciary bill, leave was refused, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Beall, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Lincoln, McLean, Menard, Minshall, Munsell, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Webb, WeSt. Woodson, and Mr. Speaker — 34.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Barnett, Bissell, Busey, Carpenter, Cavarly, Courtright, Cox, Grain, Dodge, Dollins, Emmerson, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitcliell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parkinson, Parsons, Peck, Ross, Shepley, Troy, Trumbull, Turney, Waters, Wheeler, White, and Wood-45.

So the committee of the Whole House were discharged from the further consideration of the bill;

And Mr. Trumbull demanded the previous question;

And Mr. Menard moved that the House adjourn; which was agreed to by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Charles, Cox, Cunnigham, Dar nielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Prentice, Rey nolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson

299

Those who voted in the negative, are,

Messrs. Barnett, Blackman, Bissell, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, English, Green, Hankins, Hicks, Humphrey, Kelly, kitchell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, Peck, Ross, Shepley, Trumbull, Turney, Wheeler, White, Wood, and Mr. Speaker — 40.

So the House adjourned.

Saturday, January 30, 1841.

House met pursuant to adjournment.

Mr. Grain, from the committee on Enrolled and Engrossed Bills, reported as correctly engrossed, bills of the following titles:

"An act creating a Board of Auditors to settle the accounts of contractors on public works,"

"An act in relation to paupers;"

"An act changing the name of the town of Chatham, in Whiteside county,"

"An act for the relief of James McKee;"

Also, that the same committee had, on Tuesday laSt. laid before the Council of Revision, for their approval, bills of the following titles:

"An act authorizing the Sheriff of Gallatin county to make a deed to Daniel Wood, for a tract of land therein named,"

"An act concerning the town of Belvidere;"

"An act to incorporate the Pisgah Academy."

On motion of Mr. Hardin,

The following rule was adopted:

RULE — That hereafter, when the reception of petitions has been gone through with, it shall be the duty of the Chair to call for reports from the standing committees in the order they stand in the rules of the House; and should reports from all the committees of the House be not gone through with in one day, then it shall be the duty of the Speaker to begin with reports from that committee next on the roll to the committee which had last reported on the day previous.

Mr. Woodson presented the petition of citizens of Greene county in relation to a Stateroad; which, without reading, on his motion, was refer-red to a select committee.

Ordered, That Messrs. Woodson, McDonald, and Charles be said committee.

The bill for "An act to incorporate the Cairo City Mills," coming up for consideration,

On motion of Mr. Murphy of Perry,

The bill and proposed amendments were referred to a select committee of five.

Ordered, That Messrs. Murphy of Perry, Dougherty, Murphy of Cook, Edwards, and Brown of Vermilion be said committee.

The report of the committee on Banks and other Corporations, in relation to the State Bank, coming up for consideration,

300

On motion of Mr. Murphy of Cook,

Was laid on the table.

The bill for "An act to exempt certain articles from execution, coming up for Consideration, and the question being on concurring with the report of the committee on the Judiciary,

Mr. Trumbull demanded a division of the question, so as first to take the vote on agreeing to the third section of the report:

And the vote being taken on agreeing to the third section of the report,

It was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Blackman, Cavarly, Courtright, Crain, Dunlap, English, Francis, Gillespie, Green, Hankins, Honderson, Hicks, Kitchell, Leary, Lester, Logan, McDonald, McGinnis, McLean, Menard, Minshall, Moore, Munsell, Murphy of Cook, Murphy of Perry, Odam, Ormsbee, Peck, Scott, Trumbull, Wheeler, White, Wilson, Woodson, Wood, and Mr. Speaker — 37.

Those who voted in the negative, are,

Messrs. Bailey, Baldwin, Barnett, Beall, Bennett, Bentley, Bissell Bradford, Brown of Sangaman, Brown of Vermilion, Busey, Canady, Carpenter, Charles, Cox, Cunningham, Darnielle, Denny, Dollins, Dougherty, Drummond, Edwards, Emmerson, Froman, Funk, Gridley, Hardin, Hull, Humphrey, Kelly, Laughlin, Lincoln, McClernand, McClurken, Olds, Oliver, Parldnson, Parsons, Phelps, Phillips, Prentice, Reynolds, Ross, Thornton, Threlkeld, Troy, Turney, Waters, Webb, and West — 50.

When the balance of the report of the Judiciary committee was concurred in, and the bill

Ordered to be engrossed.

Mr. Hardin, from the committee on the Judiciary, introduced a bill for "An act to increase the duties of the Fund Commissioner;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Hardin, from the Judiciary committee, to which was referred a bill for "An act to amend an act providing for the payment of grand and petit jurors," approved February 13th, 1835, reported the same back to the House, with an amendment as a substitute for the original bill; which having been read,

Mr. Charles moved to amend the third section of the report by striking out the words "verified by the oath or affirmation of said juror," which was not agreed to.

On motion of Mr. Woodson,

The third section of the report was amended by inserting the words "or taxes" after the word "debts," in the last line but one.

Mr. Blackman moved to amend the report by striking out the sixth section, and inserting as follows:

"Hereafter the docket and jury fees set apart for the creation of a fund for the payment of grand and petit jurors, in the act approved February 13th, 1835, shall be taxed as other costs, and collected by the Sheriff, and it shall be the duty of the county Treasurer to demand of the Sheriff and Clerk of the circuit court, at least twice in each year, all docket and jury fees which they may have received, and in case they fail to pay over any such fees which they have collected, it shall be the duty of the Treasurer

301

to bring suit forthwith against such delinquent Sheriff or Clerk, in the name of the county commissioners' court, for the use of the proper county, before any justice of the peace, or other court having jurisdiction thereof," which was not agreed to.

Mr. Henderson moved to amend the sixth section of the report by inserting the words, "and docket fees" after the words "jury fees" or "jury fee," whenever they occur in the section; which was agreed to, and the report, as amended, was concurred in, and the bill

Ordered to be engrossed.

Mr. Crain, from the committee on Engrossed Bills, reported as correctly engrossed, the bill for "An act, entitled ‘An act to authorize the construction of a railroad from La Salle, in La Salle county, to Dixon, in Lee county, and for chartering a company with authority to construct said road, to be called the Illinois and Rock river Railroad Company.’"

Mr. Leary, from the committee on the Judiciary, to which was referred the Senate bill for "An act for the relief of certain securities therein named" reported the same back to the House with amendments; which were read and concurred in, and the bill, as amended, was

Ordered to a third reading.

Mr. Cavarly, from the committee on the Judiciary, to which was refer-red the Senate bill for "An act authorizing administrators to settle estates in particular cases," reported the same back to the House, and recommended its rejection; when the bill was

Ordered to a third reading.

Mr. Hardin, from the committee on the Judiciary, to which was referred the Senate bill for "An act to amend an act to incorporate the town of Jacksonville, and for other purposes," reported the same back to the House, with an amendment; which was read and concurred in, and the bill

Ordered to a third reading; and,

On motion of Mr. Hardin,

The rules of the House were dispensed with, and the bill now read a third time by its title, and passed.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence in the amendments thereto.

Mr. Trumbull, from the committee on the Judiciary, reported a bill for "An act in relation to summoning witnesses;" which was read the first time, and the second lime by its title, and

Ordered to be engrossed.

Mr. Hicks, from the committee on the Judiciary, to which was referred the petition of Horatio N. Bell, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Prentice, from the committee on Finance, to which was referred a certain petition, reported a bill for "An act for the relief of Stephen Row, of Shelby county;" which was read the first time, and

Ordered, to a second reading.

Mr. Edwards, from the committee on Internal Improvements, to which as referred the bill for "An act authorizing the mutual conveyance of certain lots by and between the Auditor of Public Accounts and J. Whitney," reported the same back to the House, and recommended its passage, and the bill was

Ordered to be engrossed.

302

Mr. Brown of Vermilion, from the committee on Internal Improvements, reported a bill for "An act granting timbers of the internal improvement system to the county of Vermilion, for the purpose of building a bridge on the abutments erected for the Northern Gross Railroad, over the Big Vermilion river, at Danville;" which was read the first time, and the second time by its title, and

Mr. Ross moved to refer the bill to the committee on Finance; which was not agreed to.

Mr. Ross moved the reference of the bill to the committee on Public Ac counts and Expenditures; which was not agreed to.

Mr. Bentley moved to lay the bill on the table; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Barnett, Bentley, Bissell, Blackman, Carpenter, Cavarly, Cox Crain, Dollins, Drummond, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, McClernand, McClurken, McDonald, Moore Murphy of Perry, Oliver, Ormsbee, Parsons, Prentice, Ross, Shepley Trumbull, Turney, Wheeler, White, and Wilson — 34.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Charles, Courtright, Cunningham, Darnielle, Denny, Dodge, Dougherty, Dunlap, Edwards, Emmerson, English, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Leary, Lincoln, McGinnis, McLean, Menard, Minshall, Munsell, Odam, Olds, Parkinson, Peck, Phelps, Phillips, Reynolds, Scott, Thornton, Threlkeld, Troy; Waters, Webb, WeSt. Woodson, Wood, and Mr. Speaker — 53.

Mr. Ormsbee moved to amend the bill by adding the following, after the words "Northern Cross Railroad:"

"And also in like manner lying along the Naples Branch Railroad, or so much thereof as may be necessary, be bestowed upon and used by the citizens of Scott county, in building bridges across the several sloughs near the town of Naples;" which,

On motion of Mr. Brown of Sangamon,

Was laid on the table.

Mr. Ormsbee moved to refer the bill to a select committee of five; which was not agreed to; when,

On motion of Mr. Ross,

The following was added as an additional proviso;

"Provided, however, That if said timber and other materials shall not be wanted within five years, then the county of Vermilion shall pay a fair cash valuation for the same, to the State of Illinois;" when,

On motion of Mr. Brown of Vermilion,

The bill was laid on the table, and

The House adjourned to 2 o'clock, P. M.

303

Two O'Clock, P. M.

House met pursuant to adjournment.

Mr. Dodge demanded a call of the House, and pending the call,

Mr. Dodge, from the select committee to which was referred a certain petition, reported a bill for "An act to authorize the Governor to make a deed, for a lot therein named, to the Ottowa Library Association;" which was read the first time, and the second time by its title, and

On motion of Mr. Peck,

Referred to the committee on Canals and Canal Lands.

Mr. Parsons, from the select committee to which was referred a certain petition, reported the same back to the House, and was discharged from the further consideration of the same, and

On motion of Mr. Denny,

The petition was referred to a select committee.

Ordered, That Messrs. Denny, Henderson, and Bailey be said committee.

Mr. Woodson, from the select committee to which was referred a bill for "An act to provide for the collection of taxes for the year 1839, in Cass county," reported the same back to the House with amendments; which were read and concurred in, and the bill

Ordered to be engrossed.

On motion of Mr. Dollins,

Further proceedings under the call of the House were dispensed with, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Duniap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 48.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 41.

And the question being put on ordering the main question on the bill for "An act reorganizing the Judiciary of the State of Illinois," which motion was pending when the House adjourned yesterday afternoon,

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bladwin, Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap,English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore,

304

Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Oliver, Par sons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 49.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall,Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 40.

And the question being put on ordering the bill to a third reading,

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Busey, Carpenter, Cavarly, Courtright, Grain, Dodge, Dollins, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin,Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood and Mr. Speaker — 46.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridiey, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Prentice, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 43.

On motion of Mr. Archer,

The bill for "An act concerning public roads," was taken up for consideration, and committed to the committee of the Whole House, and made the special order of the day for Tuesday next.

On motion of Mr. Webb,

The reports of the select committee in relation to public lands were taken up for consideration, and committed to a committee of the Whole House, and made the special order of the day for Wednesday next.

On motion of Mr. Brown, of Vermilion,

One thousand copies of the reports of the committee on Internal Improvements, together with the bill, and Mr. MunselPs amendment, were ordered to be printed.

Senate resolution fixing on Monday next for the election of State's Attornies in certain Judicial Circuits, and also for the election of Treasurer, Acting Commissioner, and President of the Canal Board, was taken up for consideration, and

On motion of Mr. Odam,

Amended by adding the third Judicial Circuit.

Mr. Olds moved to amend the resolution by striking out "Monday," the first of February, and inserting "Saturday, the sixth;" which was not agreed to.

Mr. Bissell moved to strike out "Monday, the first" and insert "Tuesday, the second," which was not agreed to; when,

305

On motion of Mr. Olds,

The resolution was amended by striking out "Monday, the firSt." and inserting "Friday, the fifth," by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dodge, Dolling, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, WeSt. Wheeler, Wilson, Wood, and Mr. Speaker — 45.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridiey, Hardin, Henderson, Hull, Leary, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Threlkeld, Thornton, Troy, Waters, Webb, and Woodson — 41.

And the resolution as amended was agreed to.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence in the amendments thereto.

Senate bill for "An act to establish a State road from York, in dark county, to Waterton, in Clay county," was read the first time, and the second time by its title, and

Ordered to a third reading.

Senate bills of the following titles were severally read the first time, and

Ordered to a second reading.

"An act regulating evidence in certain cases;"

"An act in relation to the public square, in the original town of Ottowa;"

"An act to locate a State road from Columbus to Houston, in Adams county."

House bill for "An act to prevent the unlawful driving away of cattle and other stock by drovers and others," with Senate amendments thereto, was taken up for consideration, and the Senate amendment concurred in.

Ordered, That the Clerk inform the Senate thereof.

The message from the Senate containing the amended resolution of the committee of conference on the revisal of all laws of a general nature, coming up for consideration,

Mr. Hardin moved the indefinite postponement of the resolution.

Mr. Webb moved that the resolution be laid on the table; which was not agreed to.

And the question being put on the indefinite postponement of the resolution,

It was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridiey, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, MunselI, Oliver, Parkinson, Phelps, Phillips, Thornton, Threlkeld, Troy, Webb, and Woodson — -33.

306

Those who voted in the negative, are,

Messrs. Bailey, Baldwin, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dollins, Dougherty, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Peck, Prentice, Reynolds, Ross, Scott, Trumbull, Turney, Waters, Wheeler, Wilson, Wood, and Mr. Speeker — 44.

When the resolution, as amended by the committee of conference, was concurred in, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Baldwin, Bentley, Bissell, Blackman, Busey, Carpenter, Cavarly, Courtright, Crain, Dollins, Dougherty, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kitchcll, Laughlin, Leary, Lester, Logan, McClurken, McDonald, McGinnis, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Ormsbee, Peck, Prentice, Reynolds, Ross, Scott, Shepley, Trumbull, Turney, Waters, Wilson, Wood, and Mr. Speaker. — 43.

Those who voted in the negative, are,

Messrs. Archer, Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Oliver, Parkinson, Phelps, Phillips, Thornton, Threlkeld, Troy, Webb, Wheeler, and Woodson — 34.

Ordered, That the Clerk inform the Senate thereof.

Engrossed bill for "An act in relation to the school fund," was read the third time, and

On motion of Mr. Bissell,

Amended by striking out all after the enacting clause, and inserting the following, viz:

"That the collectors of the several counties in this State be, and they are hereby authorized and required to pay to the school commissioners of their respective counties the amount due such counties respectively, on account of interest on the school fund, upon presentation of the proper warrants therefor,"

When the bill, as amended, was

Ordered to be re-engrossed; and On motion,

The House adjourned.

Monday, February 1, 1841.

House met pursuant to adjournment.

Mr. Cram, from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following tides:

"An act authorizing the proprietors of Metropolis City, in the county of Johnson, to alter the plat thereof;"

"An act to incorporate the Union Turnpike Company,"

307

"An act making compensation to John L. Heffington and others, for the apprehension of Aaron and William Todd;"

"An act to amend the act incorporating agricultural societies."

Mr. Logan presented the petition of John F. Webb and Th. L. Thruston; which was read, and on his motion, referred to the committee on Salines.

Mr. Logan also presented the petition of the Mount Carbon Coal Company; which was read, and on his motion, referred to a select committee.

Ordered, That Messrs. Logan, Murphy of Perry, and McGinnis, be, said committee.

Mr. Logan also presented the petition of citizens of Jackson county, in relation to Big Muddy Saline; which was read, and on his motion, referred to a select committee.

Ordered, That Messrs. Logan, Dougherty, and Dollins, be said committee.

Mr. Gridley presented the petition of citizens of McLean, in relation to a State road; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Dodge presented the petition of citizens of La Salle county, in relation to a State road; which, without reading, on his motion, was referred to the committee on State Roads.

Mr. Wheeler, from the committee on Canals and Canal Lands, reported a bill for "An act for the relief of J. D. Morrison;" which was read the first time, and the second time, by its title, and

Ordered to be engrossed.

Mr. McClernand, from the committee on Canals and Canal Lands, reported a bill for "An act to authorize the trustees of Shawneetown to construct a Macadamised road;" which was read the first time, and the second time by its title, and

On motion of Mr. McClernand,

Referred to a select committee.

Ordered, That Messrs. McClernand, Waters, and Carpenter, be said committee.

Mr. Green, from the committee on Claims, to which was referred the petition of Messrs. Finch and Hubbuck, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Green also, from the committee on Claims, to which was referred the petition of citizens of Menard, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Green, also, from the committee on Claims, to which was referred the petition of citizens of Dixon, in Lee county, reported the same back to the House, and was discharged from the further consideration of the same.

Mr. Bently, from the committee on Public Buildings and Grounds, to which was referred the reports of the Commissioners of the State House, with other papers and instructions to investigate, &c., reported the same back to the House, and was discharged from the further consideration of the same, and recommended the appointment of a Board of Auditors to settle their accounts.

Mr. Archer, from the committee on State Roads, to which was referred certain petitions in relation to a ferry across the Illinois river, at Peoria, to

308

together with a hill for "An act to establish a ferry across the Illinois river," reported the same back to the House with amendments; which being read,

Mr. Phelps moved to refer the bill to the committee on the Judiciary; which motion to refer,

On motion of Mr. Cavarly,

Was laid on the table.

Mr. Ormsbee moved to amend the report by adding the following proviso:

"Provided, That this act may be repealed, amended, or modified by any subsequent Legislature whenever the public good may require it;" which was agreed to.

Mr. Phelps demanded a division of the question; first to take the vote on concurring with the committee in their amendment to the sixth section of the bill; and the, question being put on concurring in the proposed amendments to the sixth section,

It was decided in the affirmative.

And the residue of the report of the committee was concurred in.

Mr. Trumbull moved to amend the third section of, the bill by striking out the word "sole."

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Baldwin, Bissell, Blackman, Denny, Dollins, Green, Hankin, Henderson, Hull, Kelly, Kitchell, Laughlin, Leary, Lester,Mc Clurken, McDonald, McGinnis, Moore, Murphy of Cook, Olds, Oliver, Peck, Phelps, Trumbull, Turney, Waters, Wheeler, and Wilson — 29.

Those who voted in the negative, are,

Messrs. Archer, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Carpenter, Cavarly, Charles, Courtright, Cox, Cunningham, Darnielle, Dodge, Dougherty, Dunlap, Edwards, Emmerson, Froman, Gillespie, Gridley, Hardin, Hicks, Lincoln, Logan, McLean, Marshall, Menard, Minshall, Munsell, Murphy of Perry, Odam, Ormsbee, Parkinson, Parsons, Phillips, Prentice, Reynolds, Scott, Thorn-ton, Threlkeld, Troy, Webb, WeSt. White, Woodson, Wood, and Mr. Speaker — 50.

Mr. Phelps moved to strike out the seventh section of the bill.

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Baldwin, Blackman, Carpenter, Charles, Denny, Dollins, Green, Hankins, Henderson, Hull, Kelly, Kitchell, Laughlin, Leary, Lester, McClurken, McDonald, Moore, Murphy of Cook, Olds, Oliver, Peck, Phelps, Trumbull, Waters, Wheeler, and Wilson — 28.

Those who voted in the negative, are,

Messrs. Archer, Barnett, Bennett, Bentley, Bissell, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Cavarly, Courtright, Cox, Cunningham, Darnielle, Dodge, Dougherty, Dunlap, Edwards, Em merson, Froman, Gillespie, Gridley, Hardin, Hicks, Lincoln, Logan, McGinnis, McLean, Marshall, Menard, Minshall, Munsell, Murphy of Perry, Odam, Ormsbee, Parkinson, Parsons, Phillips, Prentice, Reynolds, Scott, Thornton, Threlkeld, Troy, Turney, Webb, WeSt. White, Wood son, Wood, and Mr. Speaker — 52.

309

Mr. Phelps moved to amend the first section of the bill by striking out the words "both sides of said outlet," and insert the Words "the east side of said outlet."

Mr. White demanded the previous question; which was sustained.

And the question being put on the motion of Mr. Phillips, to amend the first section,

It was decided in the negative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Blackman, Denny, Drummond, Green, Hankins, Henderson, Hull, Kitchell, Laughlin, McClurken, McGinnis, Moore, Olds, Oliver, Peck, Phelps, Scott, Trumbull, Wheeler, and Wilson — 21.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Barnett, Bennett, Bentley, Bradford, Brown of Sangamon, Busey, Canady, Carpenter, Cavarly, Courtright, Cox, Cunningham, Darnielle, Dodge, Dollins, Dougherty, Dunlap, Emmerson, English, Froman, Gillespie, Gridley, Hardin, Hicks, Kelly, Leary, Lester, Lincoln, Logan, McLean, Marshall, Menard, Minshall, Munsell, Murphy of Perry, Odam, Parkinson, Parsons, Phillips, Prentice, Reynolds, Thornton, Threlkeld,Troy, Turney, Waters, WeSt. White, Woodson, Wood, and Mr. Speaker-53.

When the bill was

Ordered to be engrossed for a third reading, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Barnett, Bennett, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Carpenter, Cavarly, Courtright, Cox, Cunningham, Darnielle, Dodge, Dougherty, Dunlap, Edwards, Emmerson, Froman, Gillespie, Gridley, Hardin, Hicks, Kelk, Lester, Lincoln, Logan, McLean, Marshall, Mcnard, Minshall, Munsell, Murphy of Perry, Odam, Ormsbee, Parkinson, Pargons, Phillips, Prentice, Reynolds, Scott, Thornton, Threlkeld, Troy, Waters, White, Wood-son, Wood, and Mr. Speaker — 53.

Those who voted in the negative, are,

Messrs. Baldwin, Blackman, Charles, Denny, Drummond, Green, Hankins, Henderson, Hull, Kitchell, Laughlin, Leary, McClurken, McDonald, McGinnis, Moore, Olds, Oliver, Phelps, Peck, Trumbull, Turney, Wheeler, and Wilson — 24.

When

The House adjourned to 2 o'clock, P. M.

Two O'Clock, P. M.

The House met pursuant to adjournment.

Mr. Trumbull demanded a call of the House, and pending the call, Mr. Lincoln, from the committee on Finance, to which was referred the bill for "An act authorizing certain debtors of the State to discharge their indebtedness in Illinois internal improvement scrip," reported the same back to the House, and recommended its passage, and

310

Mr. Ross moved to amend the bill by adding the following proviso:

"Provided the same be paid without suit."

Mr. Peck moved to dispense with further proceedings under the call the House.

Which was agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kitchell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Par sons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler White, Wilson, Wood, and Mr. Speaker — 49.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Mun-sell, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters Webb, WeSt. and Woodson — 38.

And the special order being the bill for "An act reorganizing the Judiciary of the State of Illinois, it was read the third time," and

Mr. Peck demanded the previous question.

Mr. Gillespie moved that the House adjourn.

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Beall, Bennett, Brown of Sangamon, Charles, Cox, Cunningham, Darnielle,Denny, Drummond, Edwards, Emmerson, Francis, Froman, Giliespie, Gridley, Harmin, Henderson, Lincoln, McLean, Menard, Minshall, Munsell, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Waters, Webb, WeSt. and Woodson — 32.

Those who voted in the negative, are,

Messrs. Able, Bailey, Baldwin, Barnett, Bentley, Bissell, Blackman, Brown of Vermilion, Canady, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Green, Hankins, Hicks, Hull, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parkinson, Parsons, Peck, Prentice, Ross, Scott, Shepley, Troy, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 56.

Mr. Webb moved to lay the billon on the table.

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Mun sell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Waters, Webb, WeSt. and Woodson — 39.

Those who voted in the negative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Carpenter,

311

Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Green Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClurken, McDonald, McClernand, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 49.

And the question being — "Shall the main question be now put?"

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted In the affirmative, are,

Messrs. Able, Baldwin, Barnett, Bentley, Bissell, Blackman, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Dunlap, English, Green, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, MeGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 49.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Giliespie, Gridley, Hardin, Henderson, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thoroton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 39.

And the question being put on the passage of the bill,

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Barnett, Bentley, Bissell, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dunlap, English, Green, Hankins, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Peck, Prentice, Ross, Scott, Shepley, Trumbull, Turney, Wheeler, White, Wilson, Wood, and Mr. Speaker — 45.

Those who voted in the negative, are,

Messrs. Able, Archer, Bailey, Beall, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Charles, Cox, Cun ningham, Darnielle, Denny, Dougherty, Drummond, Edwards, Emmer-son, Francis, Froman, Gillespie, Gridley, Hardin, Henderson, Hicks, Hull, Lincoln, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Woodson — 43.

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof.

When the bill reported from the committee on Finance, and which was laid aside informally, in relation to the discharge of certain State debts in Illinois State internal improvement scrip, coming up for consideration.

And the question being on the amendment proposed by Mr. Ross, was rejected by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs, Baldwin, Bentley, Bissell, Blackman, Cavarly, Courtright, Crain, Dollins, Dougherty, Froman, Hankins, Hicks, Humphrey, Kitchell,

312

Lester, Logan, McClurken,McDonald, McGinnis, Moore, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Ross, Scott, Shepley,Trumbull, Turney, Waters, WeSt. Wheeler, White, Wilson, and Wood-37.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Barnett, Beall, Bentley, Bradford, Brown of Sangamon, Brown of Vermilion, Carpenter, Cox, Cunningham, Darnielle, Denny, Drummond, Dunlap, Edwards, Emmerson, Francis, Gillespie, Green, Hardin, Henderson, Hull, Leary, Lincoln, McClernand, McLean, Menard, Minshall, Munsell, Parkinson, Peck, Phelps, Phillips, Reynold, Thornton, Threlkeld, Troy, Webb, Woodson, and Mr. Speaker — 41.

And the bill was

Ordered to be engrossed for a third reading.

Engrossed bill for "An act to create the county of Orange," was read the third time and passed; and

On motion of Mr. Turney,

The title of the bill was amended by striking out "Orange" and inserting "Kendall."

Ordered, That the title be as aforesaid, and that the Clerk inform the Senate thereof, and ask their concurrence therein; when,

On motion,

The House adjourned.

Tuesday, February 2, 1841.

House met pursuant to adjournment.

Mr. Hardin moved that permission be given to Mr. Funk, a Representative from the county of McLean, to record his vote on the passage of the bill for "An act reorganizing the Judiciary of the State of Illinois;" Mr. Funk having been absent when the vote was taken on the passage of said bill.

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Cavarly, Charles, Cox, Cunningham, Darnielle, Denny, Drummond, Dunlap, Edwards, Emmerson, Francis, Proman, Gridley, Hardin, Henderson, Hull, McLean, Menard, Minshall, Munsell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, Woodson, and Mr. Speaker — 39.

Those who voted in the negative, are,

Messrs. Baldwin, Bentley, Bissell,Blackman, Carpenter, Cavarly, Courtright, Crain, Dodge, Dollins, Dougherty, Green, Hankins, Humphrey, Kitchell, Laughlin, Leary, Lester, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Oliver, Ormsbee, Parsons, Peck, Ross, Scott, Trumbull, Turney, Wheeler, White, Wilson, and Wood — 40.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives, that they have passed bills of the following titles:

"An act for the relief of William S. Crawford,"

313

"An act supplemental to an act entitled ‘An act to incorporate the Cairo City and Canal Company,’" approved March 4, 1837;

"An act for the re-survey of the Lower town of Carlyle, in Clinton county"

In the passage of which they ask the concurrence of the House of Representatives.

Mr. Dodge presented the petition of citizens of Illinois for the passage of a law requiring farmers and others to mark their meai-bags; which, with-out reading, on his motion, was referred to the committee on the Judiciary.

Mr. Carpenter, from the committee on Counties, to which was referred a certain petition, reported a bill for "An act for the formation of the county of Woodford;" which was read the first and second times by its title, and

On motion of Mr. Gridley,

Recommitted to the committee on Counties.

Mr. Busey, from the committee on Counties, to which was referred a certain resolution, reported a bill for "An act for the better regulation of the county commissioners' courts in the several counties of this State;" which was read the first time, and

Ordered to a second reading.

Mr. Carpenter, from the committee on Counties, to which was referred the petition of citizens of Shelby and Macon, reported a bill for "An act to establish the county of Okaw;" which was read the first and second times by its title, and

On motion of Mr. Barnett,

Referred to a select committee.

Ordered, That Messrs. Barnett, Prentice, and White be said committee.

Mr. Carpenter, from the committee on Counties, to which was referred sundry petitions and remonstrances from citizens of Johnson county, in relation to a new county;

From citizens of Adams and Pike counties, in relation to a new county:

From citizens of La Salle and Bureau counties, in relation to a new county;

From citizens of Cook and Will counties in relation to a new county;

From the citizens of Sangamon, Morgan, and Macoupin counties, in relation to a new county; reported the said several petitions and remonstrances back to the House, and was discharged from the further consideration of the same.

Mr. Carpenter, from the committee on Counties, to which was referred the Senate bill for "An act concerning county seats and county lines," reported the same back to the House without amendment; and

On motion of Mr. Henderson,

The first section of the bill was amended by inserting the words "less than" before the words "ten miles."

Mr. Henderson moved further to amend the second section by striking out the words "four hundred," and inserting the words "three hundred and twenty-five" before the words "square miles."

Which was not agreed to, by yeas and nays, as follows:

314

Those who voted in the affirmative, are,

Messrs. Beall, Bentley, Bradford, Brown of Sangamon, Carpenter, Darnielle, Dodge, Emmerson, Francis, Green, Hankins, Hardin, Henderson, Hull, Kitchell, Laughlin, Leary, Lester, Lincoln, McLean, Minshall, Odam, Oliver, Parkinson, Troy, Turney, Waters, and White — 28.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Bennett, Bissell, Blackman, Brown of Vermilion, Busey, Cavarly, Charles, Courtright,Crain, Cunningham, Denny, Dollins, Dougherty, Drummond, Dunlap, Edwards, Froman, Funk, Gil lespie, Humphrey, Logan, McClernand, McClurken, McDonald, MrGin nis, Marshall, Menard, Moore, Munsell, Murphy of Cook, Murphy of Perry, Ormbee, Parsons, Peck, Phelps, Phillips, Reynolds, Ross, Scott, Thornton, Threlkeld, Trumbull, WeSt. Wheeler, Wilson, Woodson, Wood, and Mr. Speaker — 52.

Mr. Henderson moved to strike out the last clause of the second section as follows:

"Nor shall any county be created after the passage of this act, the territory of which shall contain less than four hundred square miles."

Mr. Ormsbee moved to lay the bill and proposed amendment on the table;

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Barnett, Bentley, Bissell, Carpenter, Charles, Crain, Dollins, Francis, Green, Hankins, Kitchell, Laughlin, Leary, Lester, McClernand, McClurken, McGinnis, McLean, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Ormsbee, Parsons, Peck, WeSt. and Wheeler — 28.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Beall, Bennett, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Cavarly, Courtright, Cunningham, Darnielle, Denny, Dodge, Drummond, Edwards, Emmerson, Froman, Funk, Gridley, Hardin, Henderson, Hull, Humphrey, Logan, McDonald, Menard, Minshall, Munsell, Oliver, Parkinson, Phelps, Phillips, Reynolds, Ross, Scott, Thornton, Threlkeld, Troy, Turney, Webb, Wilson, Woodson, Wood, and Mr. Speaker — 48.

Mr. Kitchell moved the indefinite postponement of the bill;

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Barnett, Bentley, Bissell, Blackman, Brown of Sangamon, Carpenter, Crain, Dollins, Francis, Green, Humphrey, Kitchell, Laughlin, Leary, Lester, McClurken, McGinnis, McLean, Marshall, Moore, Murphy of Cook, Murphy of Perry, Odam, Ormsbee, Parsons, Turney, West Wheeler, White, and Wood — 30.

Those who voted in the negative, are,

Messrs. Archer, Baldwin, Beall, Bennett, Bradford, Brown of Vermilion, Busey, Canady, Cavarly, Charles, Courtright, Cunningham, Darnielle, Denny, Dodge, Dougherty, Drummond, Edwards, Emmerson, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, McDonald, Menard, Minshall, Munsell, Oliver, Parkinson, Peck, Phelps, Phillips, Reynolds, Ross, Scott, Thornton, Threlkeld, Troy, Trumbull, Webb, Wilson, Woodson, and Mr. Speaker — 40.

Mr. Ormsbee moved to amend the bill by adding the following Proviso:

315

"Provided always, That the passage of this act shall in no wise effect any bill or claims to a bill for a law altering, or creating any county in this State which may now be pending before the Legislature, nor any subsequent Legislature."

Which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Barnett, Bentley, Bissell, Blackman, Busey, Carpenter, Dodge, Dougherty, Dollins, Dunlap, Green, Humphrey, Kitchell, Laughlin, Leary, Lester, McClurken, McGinnis, McLean, Moore, Murphy of Perry, Odam, Oliver Ormsbee, Parsons, WeSt. Wheeler, and White — 28.

Those who voted in the negative, are,

Messrs. Archer, Baldwin, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Canady, Cavarly, Charles, Courtright, Cunningham, Darnielle, Denny, Drummond, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Gridley, Hardin, Henderson, Hull, McDonald, Menard, Minshall, Munsell, Parkinson, Peck, Phelps, Phillips, Reynolds, Ross, Scott, Thornton, Threlkeld, Troy, Trumbull, Turney, Webb, Wilson, Woodson, Wood, and Mr. Speaker — 46.

Mr. Woodson moved to amend the second section of the bill by striking out the words "after the passage of this act;" and insert "hereafter," and at the end of said section, the words "this act to take effect from and after the first day of March next;" when,

On motion,

The House adjourned.

Wednesday, February 3, 1841.

House met pursuant to adjournment.

Mr. Grain, from the committee on Engrossed bills, reported as correctly engrossed, bills of the following titles:

"An act to amend an act providing for the payment of grand and petit jurors," approved February 13th, 1835;

"An act to exempt certain articles from execution;"

"An act in relation to summoning witnesses;"

"An act to increase the duties of the Fund Commissioner."

Mr. Phelps presented the petition of citizens of Knox, Peoria, and Fulton counties, in relation to breeds of cattle; which was read, and on his motion, referred to the committee on Agriculture and Manufactures.

Mr. Hull presented the remonstrance of citizens of Tazewell county against a division of said county; which, without reading, on his motion, as referred to the committee on Counties.

The Senate bill reported back yesterday from the committee on Counties, for "An act concerning county seats and county lines," coming up for consideration, and the question being put on agreeing to the amendment proposed by Mr. Woodson,

It was agreed to,

And the question recurring on the motion proposed by Mr. Henderson to strike out the last clause in the second section,

It was decided in the negative.

316

Mr. Ormsbee moved to lay the bill on the table till the 4th day of July next; which was not agreed to, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Barnett, Bentley, Blackman, Brown of Sangamon, Busey, Carpenter, Crain, Dollins Dougherty, Dunlap, Emmerson, Francis, Green, Kitchell, Laughlin, Leary, McClernand, McDonald, McGinnis, Marshall, Murphy of Perry, Odam, Olds, Ormsbee, Parsons, WeSt. Wheeler, White, and Mr. Speaker — 30.

Those who voted in the negative, are,

Messrs. Bailey, Beall, Bradford, Brown of Vermilion, Canady, Cavarly Courtright, Darnielle, Denny, Drummond, Edwards, Gillespie, Gridley, Henderson, Hull, Lincoln, Menard, Minshall, Munsell, Oliver, Parkinson, Peck, Phillips, Phelps, Reynolds, Thornton, Troy, Trumbull, Turney, Webb, Wilson, Woodson, and Wood — 33.

Mr. Brown of Sangamon moved to amend the bill by striking out all after the enacting clause, and insert as follows:

"That no old county shall be divided by this Legislature so as to bring the county lines within less than ten miles of the seat, nor shall any old county be divided so as to reduce it below four hundred square miles, nor shall any new county be formed, with a less territory than three hundred and twenty-four square miles;" which,

On motion of Mr. Cavarly,

Was laid on the table.

Mr. Carpenter moved the previous question; which was sustained,

And the bill, as amended, was

Ordered to a third reading.

Mr. Carpenter, from the committee on Counties, to which was referred the petition of citizens of Sangamon county, reported a hill for "An act to create the county of Athens;" which was read the first time, and

Ordered to a second reading.

Mr. Carpenter, from the committee on Counties, reported a bill for "An act to locate the county scat of Stark;" which was read the first lime, and the second time by its title, and

On motion of Mr. Henderson,

The blank in the first section was filled with the names of "Peter Van Bergen, and William F. Elkin," and the bill was

Ordered to be engrossed.

Mr. Dodge presented a remonstrance of citizens of Kane county against a division of said county; which, without reading, on his motion, was referred to the committee on Counties.

Mr. Parsons, from the select committee to which was referred the Senate bill for "An act authorizing an additional justice of the peace and constable in the town of Florence, in Pike county," reported the same back to the House with an amendment; which was read and concurred in, and the bill, as amended, was

Ordered to a third reading.

Mr. Hardin, from the select committee to which was referred a certain petition, reported a bill for "An act to amend the act, entitled An act to incorporate the colleges therein named;" which was read the first time, and the second time by its title, and,

On motion of Mr. Edwards,

Referred to the committee on Internal Improvements.

317

Mr. Logan, from the select committee to which was referred a certain petition, reported a bill for "An act supplemental to an act to incorporate the Mount Carbon Coal Company, to increase the capital stock of said company to one million of dollars, for the purposes hereinafter mentioned," which was read the first and second times by its title, and referred to the committee on the Judiciary.

Mr. Denny, from the select committee to which was referred a certain petition, reported a bill for "An act authorizing Henry Hand to keep a ferry across Rock river;" which was read the first and second times by its title, and

Ordered to be engrossed.

Mr. Courtright, from the joint select committee appointed to draft a memorial to Congress, praying an alteration in the land laws so as to enable the actual settler to purchase forty acre lots without restriction as to number, reported a-memorial for that purpose, which was read, and agreed to.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence therein.

Mr. White, from the select committee to which was referred certain petitions, reported a bill for "An act to locate a State road from Decatur to Alton," which was read the first and second times by its title, and

Ordered to be engrossed.

Mr. Leary, from the select committee to which was referred the bill for "An act to amend an act to incorporate the city of Chicago, approved the fourth day of March, one thousand eight hundred and thirty-seven," reported the same back to the House with amendments; which, without reading, were concurred in, and the bill

Ordered to be engrossed.

Mr. Green, from the select committee to which was referred certain petitions, reported a bill for "An act to authorize the relocation of the county seat of Clay county;" which was read the first and second times by its title, and

Ordered to be engrossed.

Mr. Marshall, from the select committee to which was referred a certain petition, reported a bill for "An act to incorporate the Salem Steam Mill Company;" which was read the first and second times by its title, and

Ordered to be engrossed.

Mr. Murphy of Perry, from the select committee to which was referred a petition, reported a bill for "An act to vacate the plat of the town of Iowa, in Perry county;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Francis, from the select committee to which was referred certain petitions, reported a bill for "An act to authorize John Primm, Sen. to build a mill-dam across the Sangamon river;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Green, from the select committee to which was referred certain petitions, reported a bill for "An act in relation to certain mill-dams on Big

318

Muddy, in Jasper and Clay counties;", which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Munsell, from a select committee, from, which had been report a bill, reported also, as supplemental, a bill for an act to provide for the appointment of another commissioner to review certain State roads which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Drummond, from the select committee to which was referred a certain petition, reported a bill for "An act authorizing David and Samuel Mitchell to establish a ferry across the Mississippi river at Albany, in White side county;" which was road the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Denny, from the select committee to which was referred a certain petition, reported a bill for "An act creating an additional justice of the peace and constable in Cherry Grove precinct, Knox county;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Murphy of Perry, from the select committee to which was referred the Senate bill for "An act to incorporate the Cairo City Mills," reported the same back to the House with an amendment in lieu of the amendment reported by the committee on Banks and other Corporations; which was read and concurred in, and the bill

Ordered to a third, reading.

Mr. Busey, from the select committee to which was referred a certain petition, reported a bill for "An act to locate a State road from Urbana, in Champaign county, by way of North Bend, to Marion, in De Witt county;" which was read the first time, and the second time by its title, and

Ordered to be engrossed,

Mr. Green, from the select committee to which was referred a certain petition, reported a bill for "An act to authorize Solomon Husalton to build a dam across the Little Wabash river;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Thornton, from the select committee to which was referred a certain petition, reported a bill for "An act to change the name of the town of Millersburg, in the county of Mercer, to that of Troy," which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Thornton, also, from the select committee to which, was referred a certain petition, reported a bill for "An act to authorize Stanton Prentiss to establish a ferry across the Mississippi river," which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Drummond, from the select committee to which was referred the Senate bill for "An act to amend an act to authorize Henry W. Cleveland to build a bridge across the Winnebago Swamp," approved February

319

19th, 1839, reported the same back to the House with amendments; which were read and concurred in, and the bill

Ordered to a third reading.

Mr. Trumbull, on leave, introduced a bill for "An act incorporating the Mississippi Bridge Company;" which was read the first lime, and the second time by its title, and on his motion, referred to the committee on Banks and other Corporations.

Mr. Gillespie, on leave, introduced a bill for "An act to establish a ferry therein named;" which was read the first time, and the second time by its title, and on his motion, referred to the committee on State Roads.

Mr. Dodge, on leave, introduced a bill for "An act to incorporate the Phoenix Insurance Company;" which was read the first and second times by its title, and on his motion, referred to the committee on Banks and other Corporations.

Mr. White, on leave, introduced a bill for "An act to amend an act, en-titled ‘An act for the organization and government of the militia of this State,’" in force July 3d, 1833; which was read the first time, and the second lime by its title, and,

On motion of Mr. Hardin,

The blank in the last clause of the bill was filled with the words "first day of March next," and,

On motion of Mr. Henderson,

The following was added as an additional proviso to section sixth:

"Provided, That should a call be made for actual service, those who may volunteer or be drafted shall have the right of electing their own officers."

Mr. Hardin moved to refer the bill to a select committee.

Mr. Kitchell moved the reference of the bill to the committee on the Militia; which was agreed to.

Mr. Murphy of Perry, on leave, introduced a bill for "An act regulating judicial sales;" which was read the first time, and refused a second reading, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Barnett, Bentley, Blackman, Carpenter, Courtright, Crain, Dodge, Dollins, Dunlap, Edwards, Green, Gridley, Hicks, Lester, Logan, McDon-ald, McLean, Marshall, Minshall, Murphy of Perry, Odam, Olds, Oliver, Parsons, Peck, Turney, Waters, Wheeler, White, Wood, and Mr. Speaker-31.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Beall, Bennett, Bissell, Bradford, Brown of Sangamon, Crown of Vermiilon, Busey, Canady, Cunningham, Darnielle, Denny, Dougherty, Drummond, Emmerson, Francis, Froman, Funk, Gillespie, Hardin, Henderson, Hull, Kitchell, Laughlin, Leary, Lincoln, McClurken, McGinnis, Menard, Moore, Munaell, Parkinson, Phelps, Phillips, Reynolds, Thornton, Threlkeld, Troy, Trumbull, Webb, WeSt. Wilson, and Woodson — 45.

And,

On motion,

The House adjourned until 2 o'clock, P. M.

320

House met pursuant to adjournment.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have passed a bill for "An act to locate permanently the seat of justice of Logan county."

In which they ask the concurrence of the House of Representatives.

A message from the Senate, by Mr. Berry, their Assistant Secretary:

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that they have passed bills of the following titles, to wit:

A bill for "An act to amend an act, entitled An act for the relief of Charles J. Weed," approved January 27, 1837;

"An act to amend an act concerning judgments and executions," approved January 17, 1825.

In the passage of which, they ask the concurrence of the House of Representatives.

A message from the Council of Revision, by Mr. Purinton, Secretary to the Council:

Mr. Speaker: I am directed by the Council of Revision to return to the House of Representatives "An act authorizing the Sheriff of Gallatin county to make a deed to Daniel Wood, for a tract of land therein named," with objections.

The bill for "An act concerning public roads," coming up for consideration as the special order of the day,

On motion of Mr. Archer,

The House resolved itself into committee of the Whole, on the consideration of the same, Mr. Trumbull in the Chair, and after some time spent therein, the committee rose and reported sundry amendments to the bill; when,

On motion,

The House adjourned.

Thursday, February 4, 1841.

House met pursuant to adjournment.

Mr. Crain, from the committee on Engrossed Bills, reported as correctly engrossed, bills of the following titles:

"An act to establish a ferry across the Illinois river;"

"An act to provide for the collection of taxes for the year 1839, in Cass county;"

"An act for the relief of J. D. Morrison;"

"An act authorizing certain debtors of the State to discharge their in debtedness in Illinois internal improvement scrip."

Mr. Emmerson demanded a call of the House; pending the call,

321

Mr. Dunlap presented the petition of citizens of Lawrence county for a special act to legalize a contract of a minor; which, without reading, on his motion was referred to a select committee.

Ordered, That Messrs. Dunlap, Turney, and Parkinson be said committee.

Mr. Drummond, on leave, introduced a bill for "An act to incorporate the American University;" which was read the first and second times by its title and on his motion, referred to the committee on Education.

Mr. Drummond, on leave, introduced bills of the following titles:

"An act to incorporate the Rockford and Chicago Railroad Company."

"An act to incorporate the Rock river Hydraulic and Manufacturing Company;"

"An act to improve the navigation of Rock river, at Rockford, in the county of Winnebago, and to incorporate the Rockford Hydraulic Company;" which were severally read the first and second times by their titles, and on his motion, referred to the committee on Internal Improvements.

The bill for "An act to settle the contracts with Wright & Co., and Thompson & Forman, of London," introduced yesterday by Mr. Logan, was read the first and second times by its title, and referred to the committee on Finance.

Mr. Peck, on leave, introduced bills of the following titles:

"An act relating to the recording or registering of conveyances, or other instruments of writing, executed out of this State, and within the United States,"

"An act to authorize mortgagees to redeem real estate sold for taxes and assessments;" which were severally read the first and second times by their titles, and on his motion, referred to the committee on the Judiciary.

Mr. Hardin, on leave, introduced a bill for "An act to incorporate the Springfield, Jacksonville, and Meredosia Railroad Company," which was read the first time, and the second time by its title, and,

On motion of Mr. Ormsbee,

Referred to the committee on Banks and other Corporations:

And the question coming up on concurring with the committee of the Whole House in their amendments to the bill for "An act concerning public roads,"

Mr. Archer demanded a division of the question, so as first to take the vote on concurring with the committee of the Whole in all their amendments to the bill, except the amendments to section nineteenth.

Mr. Doliins moved to pay the bill and amendments on the table; which was not agreed to;

And the question being put, all the amendments except those to section nineteenth, were concurred in;

And on concurring with the committee of the Whole in their amendment to section nineteenth,

It was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Beall, Bradford, Brown of Sangamon, Brown of Vermilion, Cavarly, Crain, Darnielle, Edwards, Emmerson, Francis, Gillespie, Humphrey, Kelly, Kitchell, Laughlin, Leary, McDonald, McGinnis, Marshall, Menard, Minshall, Munsell, Murphy of Perry, Olds, Oliver, Parkinson,

322

Phelps, Phillips, Reynolds, Scott, Thornton, Threlkeld, Troy, Trumbull, Turney, Wheeler, White, and Woodson-38.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Baldwin, Bennett, Bentley, Bissell, Busey, Canady, Courtright, Cunningham, Denny, Dollins, Drummond, Dunlap, Froman, Green, Hankins, Henderson, Hicks, Hull, Lester, Logan,McCler nand, McClurken, McLean, Moore, Odam, Parkinson, Peck, Ross, Shepley, Webb, WeSt. Wilson, Wood, and Mr. Speaker — 36.

Mr. Kitchell moved to amend the eighth section of the bill by striking out the word "bridge," and the additional words "except bridges, which shall be double the value thereof;" which was not agreed to.

Mr. Henderson moved to amend the eighth section by adding the words "and for burning a bridge, to be punished agreeably to the criminal code," after the words "double the value thereof;" which was agreed to.

On motion of Mr. Dollins,

The twentieth section of the bill was amended by adding the following proviso:

"Provided, always, That fines and forfeitures incurred under the provisions of this act shall be applied to the improvement of public roads, within the bounds of such road district wherein such fines and penalties may have been incurred."

Mr. Olds moved to amend the fifth line of the fourteenth section by striking out the word "five" and inserting the void "three," which was decided in the affirmative, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Bailey, Barnett, Bentley, Bissell, Brown of Sangamon, Carpenter, Cavarly, Crain, Dodge, Drummond, Edwards, Emmerson, Gridley, Hull, Humphrey, Kitchell, Laughlin, Leary, Logan, McClernand, McDonald, McGinnis, Marshall, Menard, Minshall, Moore, Munsell, Murphy of Perry, Olds, Ormsbee, Parkinson, Parsons, Peck, Phelps, Reynolds, Shepley, Thornton, Troy, Trumbull, Turney, Wheeler, White, Woodson, and Mr. Speaker — 44.

Those who voted in the negative, are,

Messrs. Archer, Baldwin, Beall, Bennett, Blackman, Bradford, Busey, Canady, Charles,Cunningham, Darnielle, Dollins, Dunlap, Francis, Froman, Gillespie, Green, Hankins, Hardin, Henderson, Hicks, Lester,Lin-coln, McClurken, McLean, Odam, Oliver, Phillips, Ross, Scott, Threlkeld, Waters, Webb,WeSt. Wilson, and Wood — 36.

Mr. Ross moved that the bill be recommitted to the committee on State Roads, with instructions so to amend the bill as to make supervisors elective by the people; which was not agreed to.

On motion of Mr. Woodson,

The following was added as an additional section at the end of the bill:

"SEC. 36. This act shall be published immediately after its passage in the paper of the public printer."

Mr. Ormsbee demanded the previous question; which was sustained;

And the bill was

Ordered to be engrossed for a third reading.

Mr. Webb, from the committee on the Judiciary, reported a bill for "An act relative to the times of holding circuit courts in the counties of Champaign

323

Coles, Edgar, and Vermilion," which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Kitchell, from the committee on the Judiciary, to which was referred a certain resolution, reported a bill for "An act supplemental to an act amending the several acts incorporating the town of Galena," approved February 15th, 1839; which was read the first time, and

Ordered to a second reading.

Mr. Grain, from the committee on Enrolled Bills, reported that he had this day laid before the Council of Revision bills of the following titles:

"An act to incorporate the Union Manufacturing Company;"

"An act fixing the time of holding the circuit courts in the first Judicial Circuit;"

"An act to prevent the unlawful driving away of cattle and other stock, by drovers and others."

Mr. Peck, from the committee on Finance, to which was referred the Senate bill for "An act to regulate Foreign Insurance Company Agencies established in the State of Illinois," reported the same back to the House, with amendments; which were read and concurred in, and the bill

Ordered to a third reading.

Mr. Peck, from the committee on Finance, made a report, which was read; and accompanying said report were the following bills, to wit:

"An act in relation to the recording of deeds, and for other purposes;" and

"An act to license merchants, auctioneers, money brokers, and others;" which bills were severally read the first time, and the second time by their titles, respectively, and,

On motion of Mr. Trumbull,

Were laid on the table, together with the report.

Mr. Peck also, from the committee on Finance, to which was referred the bill for "An act to provide for the payment of interest on the State debt," reported the same back to the House, with amendments; which were read and concurred in, and,

On motion of Mr. Webb,

The bill was laid on the table.

Mr. Trumbull moved to print one thousand copies of the report of the committee on Finance, and one hundred and fifty copies each of the bills reported by that committee, accompanying the report, and the bill and amendments thereto for "An act to provide for the payment of interest on the State debt."

Mr. McClernand moved the printing of five thousand copies of the report; which was agreed to;

And the motion to print one hundred and fifty copies of each of the bills Agreed to.

Mr. Peck, from the committee on Finance, reported a bill for "An act concerning assesors;" which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Edwards from the committee on Internal Improvements, to which was referred the bill for "An act to amend the act entitled ‘An act to incorporate the colleges therein named,’" reported the same back to the

324

House, with amendments; which were read and concurred in, and the bill

Ordered to be engrossed.

Mr. Munsell, from the committee on Internal Improvements, reported a bill for "An act to prevent the further sale of State bonds, except for specific purposes therein set forth;" which was read the first time, and

Ordered to a second reading.

Mr. Edwards, from the committee on Internal Improvements, to which was referred the petition of Samuel Grubb, reported the same back to the House, and was discharged from the further consideration thereof, and

On motion of Mr. Francis,

The same was referred to the committee on Claims.

Mr. Edwards, from the committee on Internal Improvements, to which was referred a bill for "An act to prevent any assessment of damages in consequence of the location of railroads, where the land has not been actually used for the construction of such railroads," reported the same back to the House, with amendments; which were read and concurred in.

On motion of Mr. Trumbull,

The bill was amended by adding at the end of the first section, as follows:

"That the act entitled ‘An act to amend the law in relation to change of venue,’" approved February 1, 1840, be, and the same is hereby repealed."

When the bill, as amended, was

Ordered to be engrossed.

Mr. Edwards, from the committee on Internal Improvements, to which was referred a bill for "An act to establish certain ferries therein named," reported the same back to the House and recommended its rejection, and the bill was refused to be engrossed; when,

On motion,

The House adjourned until 2 o'clock.

Two O'Clock, P. M.

House met pursuant to adjournment.

The reports of the majority and minority of the select committee in relation to the public lands, coming up for consideration as the special order of the day,

On motion of Mr. Gillespie,

The consideration of the same was postponed until to-morrow.

Mr. Edwards, on leave, from the committee on Internal Improvements reported a bill ib. "An act providing for letting the works of internal improvement to persons or companies, and for other purposes," which was read the first and second times by its title, and

On motion of Mr. Edwards,

Was laid on the table,

And one hundred and fifty copies thereof ordered to be printed for the use of the House.

Engrossed bill for "An act creating a board of auditors to settle with contractors," was read the third time, and

Mr. Ormsbee moved to strike out the third and fourth sections:

325

Mr. Dodge demanded a call of the House; pending the call of the House,

Mr. Blackman, on leave, introduced a bill for "An act to authorize the erection of a mill-dam across Rector's fork of the Saline, in Gallatin county;" which was read the first and second times by its title, and

Ordered to be engrossed.

Mr. Bennett, on leave, introduced a bill for "An act to amend the several acts incorporating the Beardstown and Sangamon Canal Company;" which was read the first and second time by its title, and on his motion, referred to the committee on Banks and other Corporations.

Mr. Cavarly, on leave, introduced a bill for "An act for the relief of Henry Rhines and Adam Berg," which was read the first time, and the second time by its title, and

On motion of Mr. Peck,

Referred to a select committee.

Ordered, That Messrs. Peck, McClernand, and Leary be said committee.

On motion of Mr. Peck,

The petition of Henry Rhines and Adam Berg was referred to the same select committee.

Mr. Denny, on leave, introduced a bill for "An act for the collection of taxes of Henderson county," which was read the first time, and the second time by its title, and

Ordered to be engrossed.

Mr. Lincoln, on leave, introduced a bill for "An act supplemental to the charter of the Springfield and Alton Turnpike Company;" which was read the first time, and the second time by its title, and on his motion, referred to the committee on Internal Improvements.

Engrossed bill for "An act in relation to the school fund," was read the third time, and

On motion of Mr. Hardin,

The following was added as an additional section:

"SEC. 2. And if said collectors have not money sufficient to pay the amount due on the Auditor's warrant, then he shall pay whatever amount of money he may have in his hands, and endorse the same on said warrant."

On motion of Mr. Charles,

The following was added to the second section:

"And the receipt of the school commissioner shall be a sufficient voucher for the collecor in his settlement with the Auditor."

Mr. Ormsbee moved the previous question; which was sustained.

And the bill was passed, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Archer, Bailey, Baldwin, Beall, Bennett, Bentley, Bissell, Blackman, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Cavarly, Carpenter, Charles, Courtright, Grain, Cunningham, Darnielle, Denny, Dodge, Dollins, Dougherty, Drummond, Dunlap, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Green, Gridley, Hankins, Hardin, Henderson, Hicks, Hull, Humphrey, Kelly, Kitchell, Laugh-lin, Lester, Lincoln, Logan, McClernand, McClurken, McDonald, McGinnis, Marshall, Menard, Minshall, Moore, Munsell, Murphy of Perry,

326

Odam, Olds, Oliver, Ormsbee, Parkinson, Parsons, Peck, Phillips, Reynolds, Ross, Scott, Shcpley,Thornton,Threlkeld, Troy, Trumbull, Turney Waters, Webb, WeSt. Wheeler, Wilson, Woodson, and Mr. Speaker — 80.

Those who voted in the negative, are,

Messrs. McLean, White, and Wood — 3.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence therein; when,

The doorkeeper having reported,

The House resumed the consideration of the bill for "An act creating a board of Auditors to settle the accounts of contractors on public works" and

On motion of Mr. Archer,

The bill was amended by adding the following proviso to the third section,

"Provided, further, That no account or estimate for work done on any public work after the passage of this act shall be audited or passed upon by said board."

When the motion of Mr. Ormsbee to strike out the third and fourth sections,

Was rejected, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Baldwin, Bentley, Bissell, Blackman, Carpenter, Cavarly, Courtright, Crain, Dolling Dougherty, Dunlap, Hankins, Hicks, Humphrey, Kelly, Kitchell, Laughlin, Lester, Logan, McClurken, McDonald, Marshall, Minshall, Moore, Murphy of Perry, Odam, Olds, Oliver, Ormsbee, Parsons, Ross, Scott, Trumbull, Turney, Wheeler, White, Wilson, Woodson, and Mr. Speaker — 39.

Those who voted in the negative, are,

Messrs. Archer, Bailey, Beall, Bennett, Bradford, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Charles, Cunningham, Darnielle, Denny, Dodge, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Green, Gridley, Hardin, Henderson, Hull, Leary, Lincoln, McGinnis, McLean, Menard, Munsell, Parkinson, Peck, Phillips, Reynolds, Thornton, Threlkeld, Troy, Waters, Webb, WeSt. and Wood — 44.

Mr. Dollins moved to amend the bill by adding the following as an additional section:

"SEC. — That any person or persons herein authorized to adjust and settle on the part of the State with any contractor or contractors, who shall in any wise issue on the part of the State to any contractor, any evidence of debt as a circulating medium, (known as scrip,) or any person who may be found guilty of attempting to utter, pass, or circulate any scrip as money, purporting to be issued under the provisions of this act the person or persons so offending, either in issuing or circulating the same, shall in all respects be liable to the pains and penalties of the section of the criminal code;" which,

On motion of Mr. Gillespie,

Was laid on the table, by yeas and nays, as follows:

Those who voted in the affirmative, are,

Messrs. Arclier, Bailey, Beall, Bennett, Bissell, Blackman, Brown of Sangamon, Brown of Vermilion, Busey, Canady, Cavarly, Clarles, Cunningham,

327

Darnielle, Denny, Dodge, Doughcrtv, Dunlap, Edwards, Emmerson, Francis, Froman, Funk, Gillespie, Green, Gridley, Hardin, Henderson, Hull, Kelly, Leary, Lincoln, McLean, Menard, Munsell, Murphy of Perry, Parkinson, Peck, Phillips, Reynolds, Shepley, Thornton, Threlkeld, Troy, Waters, WeSt. Web