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Monday, December 7, 1835.

At a second session of the General Assembly of the State of Illinois, begun and held in pursuance of the proclamation of the GOVERNOR, at Vandalia, on Monday the 7th day of December, in the year of our Lord one thousand eight hundred and thirty-five, the following members appeared and took their seats, viz:—
From the County of Alexander, — WILSON ABLE.

From the County of Johnson, — JOHN OLIVER.

From the County of Gallatin, — JAMES HAMPTON.

From the Counties of Franklin and Washington, — JOHNSTON WREN and GEORGE P. BOWYER.

From the County of Jackson, — JAMES HARRELD.

From the Counties of Randolph and Perry, — RICHARD G. MURPHY and JOHN THOMPSON.

From the County of St. Clair, — JOHN D. HUGHES and WILLIAM MOORE .

From the County of Madison, — JAMES SEMPLE.

From the County of Monroe, — JOHN D. WHITESIDE.

From the County of Clinton, — JAMES OUTHOUSE.

From the County of Bond, — WILLIAM HUNTER.

From the County of Macoupin, — JOHN HARRIS.

From the County of Montgomery, — CHRISTIAN B. BLOCKBURGER.

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From the County of Greene, — CHARLES GREGORY and CALVIN TUNNEL.

From the County of Hamilton, — MILTON CARPENTER.

From the County of Wayne, — BENJAMIN A. CLARK.

From the Counties of Fayette and Effingham, — ROBERT BLACKWELL.

From the Counties of Shelby and Macon, — THOMAS B. TROWER.

From the Counties of Tazewell and McLean — WILLIAM BROWN.

From the County of Lawrence — JESSE K. DUBOIS.

From the County of Edgar — NELSON W. NUNNALLY.

From the County of Clark — URI MANLY.

From the County of Coles — JAMES T. CUNNINGHAM.

From the Counties of Vermillion, Champaigne and Iroquois, WILLIAM FITHIAN and ASA ELLIOTT.

From the County of Sangamon — JOHN DAWSON, JOHN T. STUART, WILLIAM CARPENTER and ABRAHAM LINCOLN.

From the County of Morgan — NEWTON CLOUD, JOHN WRATT, JOHN HENRY and WILLIAM GORDON.

From the Counties of Pike, Adams and Hancock — WILLIAM ROSS and THOMAS H. OWEN.

From the County of Schuyler — JACOB VANDEVANTER.

From the Counties of Fulton, Knox and Henry — SAMUEL HACKELTON.

From the Counties of Calhoun, McDonough, Warren and Mercer — PETER BUTLER, and
From the Counties of Peoria, Jo Daviess, Putnam, La Salle, Cook and Rock-Island — JOHN HAMLIN.

The following new members also appeared, were qualified and took their seats, viz.
From the County of Green — JAMES TURNEY.

From the County of Madison — NATHANIEL BUCKMASTER.

From the County of Jefferson — HARVEY T. PACE.

From the County of Wabash — EDWARD SMITH.

From the County of Union — BAZIL B. CRAIG.

JAMES SEMPLE Esq. Speaker, and member from the County of Madison, took the Chair, and called the House to order. — David Pricket, Clerk; Walter B. Scales, Assistant Clerk; Zane Ryan, Enrolling and Engrossing Clerk, and W. C. Murphy, Door-keeper, gave their attendance, and entered upon the discharge of their duties.

A message from the Senate, by Mr. White, their Secretary

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Mr. Speaker —
I am directed to inform the House of Representatives, that the Senate have met and organized, and are ready to proceed to Legislative business,"—
And then he withdrew.

On motion of Mr. Cloud,
Resolved, That the Clerk inform the Senate that the House has met and organized, by qualifying its new members, and are now ready to proceed to legislative business.

On motion of Mr. Gregory,
Resolved by the House of Representatives, (the Senate concurring herein,) That a joint committee of both Houses be appointed to wait upon the Governor, and inform him that they are organized, and are ready to receive any communication he may wish to make.

Ordered, That Messrs. Gregory, Wyatt and Bowyer, be the committee on the part of this House — that the Clerk carry said resolution to the Senate, and ask the appointment of a committee on their part.

A Message from the Senate by Mr. White, their Secretary:

MR. SPEAKER — I am directed to inform the House of Representatives that the senate have adopted the following resolution, viz:

Resolved by the General Assembly, That a joint committee be appointed to wait upon the Governor, and inform him that this General Assembly have, in obedience to a proclamation, met, organized, and are ready to receive any communication which he may think proper to make — and have appointed Messrs. Weatherford and Servant, the committee on their part, in the adoption of which, they ask the concurrence of the House of Representatives.

And he withdrew.

Another Message from the Senate by Mr. White, their Secretary:

MR. SPEAKER — I am directed to inform the House of Representatives, that the Senate have concurred in their resolution appointing a committee to wait on the Governor, &c., and have appointed Servant and Weatherford on their part.

And he withdrew.

Mr. Gregory, from the joint committee appointed to wait upon the Governor, and inform him that both Houses of this General Assembly were organized, and ready to receive any communication he might wish to make to them, reported that

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they had performed the duty assigned them, and had received for answer, that he would deliver, on tomorrow, at half past ten o'clock, to both Houses of this General Assembly, a written communication.

Mr. Dubois then arose and made the following remarks:

MR. SPEAKER — It has become my painful duty to announce to this House the death of one of their members, since the last meeting of this body — Major JAMES D. MCGAHEY, of the county of Crawford. On this occasion, I may be permitted to say, that the talents and assiduity with which he executed his duties in this place, were alike honorable to himself, to this House, and to his constituents. His place in this House may indeed be filled, but the void in the affections of his family, and of his friends, can never be filled. Therefore, in testimony of the respect in which we hold the memory of the deceased, I move the adoption of the following resolution:

Resolved, unanimously, That the members of the House of Representatives, from a sincere desire of showing every mark of respect due to the memory of Major JAMES D. MCGAHEY, deceased, their late associate, will go into mourning for him, for one month, by the usual mode of wearing crape around the left arm.

On the question, will the House adopt said resolution?

It was decided unanimously in the affirmative. And then the House adjourned until to-morrow morning, ten o'clock.

Tuesday, December 8, 1835.

Message.

House met pursuant to adjournment.

A Message from the Senate, by Mr. White, their Secretary:

MR. SPEAKER — I am directed to inform the House of Representatives, that the Senate have adopted the following resolution:
Resolved by the Senate, (the House of Representatives concurring herein,) That the joint rules adopted by the General Assembly at the first Session of the present General Assembly, be, and the same are hereby adopted for the government of the two Houses, during the present Session, and that one hundred copies thereof be printed for the two Houses, in which the

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ask the concurrence of the House of Representatives,"

and then he withdrew.

NATHANIEL BLACKFORD — a member elect from the County of White, appeared, was qualified, and took his seat.

Mr. SPEAKER announced the appointment of the standing committees as follows, to wit —
1. On the Judiciary — Messrs. Dunn, Stuart, Owen, Manly, Turney, Buckmaster, and Hughes.

2. On Finance — Messrs. Whiteside, Hackelton, Boss, Moore, Webb, Blackwell and Pace.

3. On Elections — Messrs. Cloud, Able, Vandevanter, Blockburger, Bowyer, Frazer, and Carpenter of Sangamon.

4. On Petitions — Messrs. Stuart, Outhouse, Able, Butler, Cunningham, Tunnell and Smith.

5. On Propositions and Grievances — Messrs. Carpenter of Hamilton, Hunt, Clark, Oliver, Manly, Hunter and Craig.

6. On the Militia — Messrs. Wyatt, Nunnally, Harris, Thompson, Henry, Elliott and Blackford.

7. On Internal Improvements — Messrs. Dawson, Hamlin, Butler, Brown, Wyatt and Dunn.

8. On Education. — Messrs. Gregory, Gordon, Trower, Frazer, Hackelton and Murphy.

9. On Salines — Messrs. Fithian, Harreld, Hunter, Hampton, Gordon and Wren.

10. On Public Accounts and Expenditures — Messrs. Hughes Lincoln, Blackwell, Harris, Nunnally, Dubois and Smith.

11. On the Penitentiary — Messrs. Buckmaster, Gordon, Ross, Moore, Hamlin and Turney.

12. Enrolled Bills — Messrs. Cloud and Fithian on the part of the House of Representatives.

The message from the Senate relative to the joint rules for the government of the two Houses during this Session, was read and concurred in.

Ordered that the Clerk inform the Senate thereof.

A Message from the Governor by Mr. Sprigg:

Mr. SPEAKER:— I am directed by the Governor to lay before House a communication in writing,

and then he withdrew.

Message from the Governor.

Mr. Speaker laid before the House the communication from the Governor, which was read as follows, to wit

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MESSAGE.

GENTLEMEN of the Senate and House of Representatives.

In meeting you again I am happy to have it in my power to congratulate you on the continued and increasing prosperity of our country.

Under the blessing of a bountiful Providence, Illinois is fast ascending in the scale of importance and will in a short time take her station among the first States in the Union; the steadiness and grandeur of her onward march, will however, in a great degree, depend upon her future legislation.

In adopting the resolution at the last session, recommending a call of the Legislature this winter, I understand the object was, to obtain a just and equal apportionment of Representation under the census taken during the present year, therefore this subject will doubtless receive your earliest attention; and as it is one involving local interest which experience has shown to be full of difficulty, I sincerely hope each one of you will meet the subject in that spirit of harmony and of compromise, which is indispensible both to its proper and speedy adjustment.

There are two other subjects of deep interest, requiring your immediate action, which rendered it necessary in my judgment, to convene the General Assembly at this time, the first of these in importance is the canal. It will be seen by the correspondence with Gov. Coles President of the board of canal commissioners herewith communicated, that the effort to obtain a loan under the act of the last session entirely failed. I therefore trust that this subject will receive such consideration as its great importance demands. The sale of the alternate sections by the United States in the canal reservation at Chicago in June last furnishes the clearest evidence, that the land in that reservation and the town lots in Chicago owned by the State, may be safely estimated at from one to three millions of dollars, and as the work progresses their value will increase, and it is now the opinion of well informed persons, that with judicious management a sum may ultimately be realised from them, sufficient to cover the whole expenses of the contemplated canal; if however, it should be found otherwise, I feel the most perfect confidence that the general government will extend its appropriation either in granting other donations of lands or monies to enable us to complete this great work, which combines the interests of so many

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States, that it is universally admitted under every aspect of the subject to be an object of the first national importance.

It is now no longer to be dreaded that any reasonable sum of money borrowed for the purpose of constructing this canal, will become a charge upon the State Treasury; I would therefore recommend that a loan be authorised on a pledge of the aith of the state, for such a sum as you may in your discretion consider proper for a vigorous prosecution of the work, and I would further suggest the propriety of making provision by law for the sale of lots in Chicago, from time to time, sufficient to pay the interest on such loan; by this means you will avoid the necessity of resorting to the Treasury, even for the payment of the interest, which may accrue. The time has arrived when any farther postponement of this subject will in my opinion amount to a violation of a sacred public trust committed to our care, and which the interest of the state and the nation admonish us to preserve inviolate. I therefore earnestly hope we shall all unite in the adoption of some efficient measures for the speedy accomplishment of this object. Regarding this great work, as one that effects deeply the national interest, and consequently justly entitled to that fostering care and support of the United States Government, which it has hitherto, and if required, must continue to receive, I would suggest the expediency of making it the duty of those persons who may be charged with its construction, to make reports of their progress to the National as well as the State Government, so that each may be informed of the expense, progress and character of the work.

As to the size and description of the proposed canal, my views were fully expressed in my message to you a year ago, those views have undergone no change, on the contrary, the importance of making this an ample channel for the passage of Steam Boats, has been fully developed by the fact, that the commerce of the Erie Canal has quadrupled every five years since it was completed, and that that canal is now found insufficient to accommodate its commerce. In consequence of which, the State of New York, is about widening its channel, which will be attended with very great expense, as all the locks will have to be rebuilt. In addition to this improvement two other channels of communication from Lake Erie to the Ocean, are about to be constructed, one is the rail road from the Lake to the North River, on the southern border of New York; the other is a ship channel around the Falls of Niagara,

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which will take a portion of the trade of this country by the Lower Lakes and the St. Lawrence. Should the commerce of the Lakes continue to increase, of which there can be no doubt, all must see the importance of constructing this work on the most liberal scale.

Several other important works of internal improvements have been authorized by law, and many others are spoken of, which the commerce and rapid growth of our state must very soon require to be put into operation, and while I would urge the most liberal support of all such measures, as tending with perfect certainty to increase the wealth, resources and prosperity of the state, I would at the same time most respectfully suggest the propriety of leaving the construction of all such works, whenever it can be done consistently with the general interest, chiefly to individual enterprise. Experience has shown that capitalists, merchants, and the farmers of the country soonest discern the necessity and importance of such improvements; and while the state can, by a liberal subscription to the stock, (which I would advise in all cases,) give impulse to work undertaken by individuals, it may make a safe investment of its funds, such as will pay the interest upon any loan which may be required, and render as much, and often more service to the country than by undertaking the whole work. By keeping this policy in view, we shall not only do equal justice to every section of the country, but observe the greatest economy in using the public moneys, and avoid the fatal error into which some of our sister States have been seduced, particularly the state of Pennsylvania, whose broad system of internal improvements, while it is elevating her character among the states of the Union, has already burthened her citizens with an enormous debt, amounting to between twenty and thirty millions of dollars, while, as yet a considerable portion of her extensive undertakings remain unfinished, and others, begun without proper deliberation, and probably for political purposes, are unproductive and must continue so for many years to come.

When we look abroad and see the extensive lines of internal communication penetrating almost every section of our sister states — when we see the Canal-boat and the Locomotive bearing, with seeming triumph, the rich productions of the interior to the rivers, lakes and the ocean, almost annihilating time, burthen and space, what patriot bosom does not beat high with a laudable ambition, to give to Illinois, her full

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share of those advantages which are adorning and enriching her sister states, and which a munificent Providence seems to invite by the wonderful adaptation of our whole country to such improvements.

The next subject to which I would call your attention, is the increase of the capital stock of the State Bank chartered at your last session. The second section of the charter provides for an increase of its capital stock of one million of dollars; whether it was intended by the act of incorporation that this proposed increase of stock is to be made at the discretion of the Legislature or the President and Directors of the Bank, is a subject of doubt; and as there has, as yet, been no vested right created, the present appears to me to be the most favorable period for legislative action in relation to it, as it is very probable if the Legislature does not, that the Bank will dispose of the stock before the next session of the General Assembly.

When I issued my proclamation calling you together, the stock of the State Bank was worth thirteen per cent advance, which would have given the state, on a sale of this additional stock, one hundred and thirty thousand dollars. Since then there has been a slight depression in stocks, which it is believed will soon pass off; and it is confidently anticipated, from the peculiar advantages conferred by the charter upon the stockholders, that the Illinois Bank stock will very soon rise to 20 or 30 per cent above par. At the present price, a sale of this stock would place a large sum in the Stale Treasury, and if it rises, as 1 anticipate, it will probably produce from 100 to 300,000 dollars. I therefore respectfully recommend, that a law be passed authorising a sale of this reserved stock, as proposed in the charter, with a provision, that it shall not sell for less than 10 per cent advance; or at public auction with the same limitation, and as much more as can be obtained for it, and that the premium obtained be placed in the State Treasury.

The most rigid observance of the laws should be required of all public officers; nothing else can stop the lawless spirit, that seems now to pervade many portions of our county. The influence of example is as strong and pervading, as any of nature's laws; and when men in high stations, or who are charged with the execution of laws, either violate or disregard them, violence, confusion and anarchy may be expected on every occasion, that disturbs men's passions.

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Uniformity and consistency, are necessary, both in observing and making laws, and as the people do not anticipate the, passage or amendment of any of the general laws of the state, except at regular sessions of the Legislature, and especially as the Treasury is embarrassed; I hope all may see and feel the necessity of using the greatest economy and despatch in the discharge of our public duties at this time.

I therefore most earnestly and respectfully recommend a short session, and for the purpose of making it so, I would suggest that no business, except that for which you have been called together, unless it be of the most urgent nature, be attended to during the present session.

In conclusion, Gentlemen, allow me to invoke for you and our beloved country, a continuation of the protection and rich blessings of an overruling and merciful Providence, and once more ask for your deliberations, that spirit of forbearance, conciliation, and disinterestedness, which alone can make them useful to our country, and which so eminently distinguishes the patriot statesman, from the factious partisan.

I have the honor to be,
Very Respectfully,
JOSEPH DUNCAN.

December 7th, 1835.

Governor Duncan to Governor Coles.

[No. 1] GOV. DUNCAN to GOV. COLES.

ELM GROVE, MARCH 20th, 1835.

DEAR SIR:
Enclosed I send you the act of the legislature of Illinois, authorizing a loan for commencing the Illinois and Michigan Canal; I regret that I am still unable to furnish a descriptive list and estimate of the quality of the canal lands, which should accompany your application for the loan, but I have determined not to delay this communication any longer, as I can forward it as soon as it comes to hand. You will please to

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negotiate a loan for the largest sum authorized by the act, on the best terms you can obtain it under, the manner of your negotiation I leave to your discretion. If it shall be found impossible to obtain $500,000 on the sureties provided in the act, you may accept a smaller sum, but not less than the lands would amount to at one dollar and twenty-five cents per acre, which is the price lands are sold for by the United States, the money to be received as required by the state, at such place, and after such notice as you can agree upon. Your personal acquaintance with these canal lands, I presume, will enable you to speak with confidence as to their value and quality, but if not, and their information of the value of the lands is not such as to authorize a loan on them, and no better plan suggests itself to your mind for obviating the difficulty, you may propose, if you think proper, to allow such person or persons as are willing to make the loan on terms that you are willing to accept, (the surety being found satisfactory) to send an agent in whom they have confidence, at the expense of the canal fund, to examine the land; should you agree upon a loan, I will forward the certificate of stock as provided by the act. In a former letter I mentioned to you that I had sent a copy of the canal act to Mr. Robert Dyson, of New York, with a request to have it submitted to the capitalists of that city, and get their proposals for the loan. When you visit New York, you will confer with Mr. Dyson on the subject, he resides in Colonade-row, La Fayette Place, you will find him a man of business and general intelligence, whose acquaintance with monied operations and general knowledge of the men of capital will enable him to render you great assistance in making your negotiations. Should Mr. Dyson, however, be absent, or it be out of his power, you will, if you think proper, call to your assistance some other person, to whom you are authorized to allow such compensation as you may think just. I hope to hear from you, and very soon to learn of the favourable result of your negotiations.

With great respect,
Your obt. Servant.

JOSEPH DUNCAN.

EDWARD COLES, ESQ.

President of the Board of Commissioners of the Illinois, and Michigan Canal

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Governor Coles to Governor Duncan.

[NO. 2.]
GOV. COLES TO GOV. DUNCAN.

PHILADELPHIA, April 28, 1835.

DEAR SIR:
I duly received your letter of March 20th, in which you requested and deputed me to negotiate a loan of $500,000, for the purpose of carrying into effect, agreeably to the terms and conditions therein stipulated, of the Act of the Legislature of Illinois, approved Feb 10, 1835, entitled "An Act for the construction of the Illinois and Michigan Canal": And I also received, at the same time, a certified copy of the said Act, together with a certified descriptive list of the particular sections, and the number of acres of land in each, granted by Congress to the State of Illinois to aid in constructing the said Canal. With these instructions and vouchers, I immediately set to work, and have been assidiously engaged in exerting all my powers and ingenuity in endeavoring to carry your instructions and the wishes and intentions of Illinois into effect; but I regret to say, all my efforts have proved unavailing, in consequence of the Legislature not having pledged the faith of the State for the payment of the interest and the reimbursement of the principal of the sum proposed to be borrowed; but on the contrary, having in such emphatic terms authorized and required the Loan to be negotiated "solely on the pledge of the Canal Lands and Tolls."

The capitalists and men most conversant with the business of loans, and the character of stocks, contend that the Act of the Legislature does not pledge the faith of the State for the payment of either the interest or principal of the sum to be borrowed, nor does it provide any funds for the purpose, except such as may arise from the lands and revenue of the canal; from neither of which sources can revenue arise, as the lands cannot be sold under the Act, and the canal cannot yield revenue or tolls until after much time and large sums have been expended; in the mean while, the interest can only be paid out of the sum borrowed. In this manner the interest will be gradually consuming the principal, and in this selfdestroying way, if the work should progress slowly, time will greatly diminish the means obtained for effecting the object for which they were borrowed. And moreover, if a sufficient

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sum should not be providentially withheld, or if, in their zeal to carry on the work, the Board of Canal Commissioners should expend the sum borrowed, where are the holders of the "Illinois and Michigan Canal Stock" to look for the means of paying their interest due semi-annually? No other means are provided by the Legislature, which can be made available, except certain town lots, which may or may not be sold at the discretion of the Governor and a majority of the Board of Canal Commissioners.

Again it is contended that, as the sum of $500,000, now proposed to be borrowed, is distinctly declared in the Act to be "for the purpose of aiding, in connection with such other means as may be hereafter received from the Government of the U. States, in the construction of the Illinois and Michigan Canal"; and as it is certain that it will require a much larger sum to complete the Canal, and by no means certain that "the Government of the United States" will give more land or provide "other means"; and as no tolls or revenue can be counted on from the Canal until it is completed or nearly so — where, they ask, are any tangible or available means provided for the payment of the interest as it becomes due, other than those furnished by themselves, under that self-consuming provision of the Act, which requires the interest to be paid out of, and to the consumption of the sum borrowed?

And it is further insisted on, that the pledge of the land does not, by the provisions of the Act, amount to a mortgage of it to the holders of the "Illinois and Michigan Canal Stock"; that if the State were to neglect or refuse to pay either interest or principal, the owners of this Stock could not legally coerce payment, either from the State or from the sale of the Canal Land. So that while the Act withholds the formal pledge of the faith of the State, and seems expressly, and apparently, exclusively to pledge the Land and Tolls, yet upon a strict scrutiny, it will be found that the Legislature has not pledged effectually the Land; that their pledge does not amount to a mortgage, or legal lien, which would enable the holders of the Stock to enter on and take possession, or dispose of the Land for the payment of the interest, or for the reimbursement of the principal when it shall become due. There is, therefore, they contend, no means provided, nor assurance or pledge given, for the payment of this loan; but on the contrary, there is in the Act authorizing it, an unusual omission to create a fund, or provide the ways and means for

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doing so; and great pains taken to use strong and expressive language to screen the State from responsibility, and to show that the loan is to be obtained and to rest exclusively and "solely on the pledge of the Canal Land and Tolls."

It was in vain to urge in reply to these and other objections that the Loan was negotiated under a Law of the State, and of course the honor of the State was bound for its faithful reimbursement; that it was a State transaction in its forms, and in its consequences and effects, and was for State purposes; and as a proof of this, reference was made to the facts, that although the Board of Canal Commissioners was "constituted a body politic and corporate" for the purpose of constructing the Canal, they yet had nothing to do with obtaining the money, nor paying the interest or reimbursing the principal of the loan; these powers and duties had been expressly imposed on the Governor, to whom alone, as the Chief Executive of the State, the lenders of the money had to act and to look for their dues; that it was by an Act of the Legislature of the State that the Governor was "authorized and empowered to negotiate a loan," and it was made his duty to pay the interest on it; that the bonds or evidences of the debt were to be signed by the Auditor and countersigned by the Treasurer of the State; and the loan was to be made reimbursable, at the pleasure of the State, after the year 1860. All these and other provisions show it to be a State loan, and as such the State would be bound. Those who were willing to admit this, still contended that as it was a constructive and not an express pledge, it admitted of doubt, and this doubt would be ruinous to the credit of the Stock, especially in Europe, where five per cent. and other low interest bearing stocks, were generally held, in consequence of money yielding a less interest there than here. In this country capitalists can get a higher rate of interest than five per cent., and therefore, only deal in such stocks for the purpose of remitting them, and under the hope of getting an advance on them in Europe, where, from the great abundance of capital, the large holders of it often give a premium for long existing and well secured five per cent stocks. But it is all-essential to these low interest bearing stocks, held by individuals at so great a distance, that they should be deemed perfectly secure, and that to them no defect or suspicion should possibly attach. The least irregularity or want of form, or any thing that would create a doubt of their character, would be destructive of their credit.

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In the European market, to which the "Illinois and Michigan Canal Stock" would be destined, the value of the Canal land, supposing it fully and effectually pledged for the reimbursement of the amount loaned, would not nor could not be properly appreciated. In addition to, their distance from it, and their difficulty in understanding its real value, there is entertained, by European capitalists, a distrust and repugnance to back and unimproved lands in America, in consequence of the frauds which have been frequently practised on them in the sale and mortgage of such lands. This prejudice against land, together with the emphatic language used by the Legislature, apparently to screen the State from all liability or responsibility, and to obtain the loan "solely on the pledge of the Canal Lands and Tolls," would, it was contended, completely destroy the character and currency of the stock in Europe. It was in vain, therefore, to make representations to show, or to desire them to take time and pains to satisfy themselves, that the Canal land was worth the money we wished to borrow and give it in pledge — nay, to refer them to an individual in this city who had offered to purchase the land for the sum of $500,000, and to another individual in New York who had intimated a willingness to buy it at that price, if I had had the power to sell — the answer was, those who offer to buy are land-jobbers, we are stock-jobbers. And moreover, we buy the stock not to hold it, but to sell it, and although you may succeed in satisfying us of the great value and our ultimate security in the land, yet when we come to offer the stock for sale, we shall have all these facts and assurances to repeat to those to whom we wish to sell; and they, knowing we are interested, will be apt to listen with distrust, and be sure to make much allowance for our self-interested representations. No, no, say they, the State best knows the value and character of the land, and there is no necessity for this prop to its credit, nor propriety in its thus tying up its own hands, but should leave itself free to sell or dispose of the land as the State may hereafter deem best for its interest. These impressions and views I am satisfied were honestly entertained, as many were evidently anxious to take the loan, and nothing prevented their doing so but the decided conviction that the stock would be unsaleable. I received the most positive and gratifying assurances of the confidence they had in the State, and their willingness to loan millions to the State on its satisfactorily pledging its faith.

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I have endeavored to give you the outline of the impressions and opinions entertained in relation to the proposed loan, and these are generally, I might say, universally held here and in New York, and among all the dealers in stock elsewhere, as far as I have heard or had an opportunity of hearing. Finding such similar views entertained by all, and having held long and repeated conferences with the agents of Rothchilds, and other great bankers of Europe, who have agents in this country, I have thought (and that has been the opinion of those I have consulted) that it would be useless to proceed to Boston, or to continue my efforts further. But previous to my leaving New York, I asked the favor of several gentlemen, who had evinced an interest in the success of my efforts, to write me to this place, and after a specified day to Illinois, if they should hear any thing which would be interesting to me to know. In consequence of this arrangement, I have received several letters, two of which I shall transmit you, enclosed, as containing the views, the one of a man theoretically and practically well acquainted with banks, stocks and money transactions; the other of a man learned in the law — the first is from Mr. Delafield, the President of the Phoenix Bank; the last from Mr. Ch. Butler (the brother of the Attorney General of the U. S.) who gave the most favorable construction to the Act of Feb 10, of any one with whom I conversed.

I should have set out on my return to Illinois before this, but for the sudden death of my wife's father, which occurred a few days since. This event will detain me here for some time — how long I cannot yet say — but if you should desire to write me, I will either be here to attend to your wishes, or have a friend and agent to do so. I shall notify my friends in New York of my unexpected detention in this city, in order, if they should wish to write me, they may know where I am.

I am, with great respect and regard, sincerely yours,
EDWARD COLES.

TO GOVERNOR DUNCAN,
Jacksonville, Illinois.

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J. Delafield to Governor Coles.

[No. 3.]
J. DELAFIELD to GOV. COLES.

NEW YORK, 20th April, 1835.

Phenix Bank.

DEAR SIR,
I have had under consideration the "act for the construction of the Illinois and Michigan Canal," as passed in February last, with reference to a loan of $500,000.

Feeling an interest in the state of Illinois, early produced by the first and I believe her only loan passing through my hands; and believing that a difficulty exists in relation to the proposed loan under the phraseology of the act before me; I beg leave to offer my views, in the hope that they may lead to a prompt removal of the difficulty, and an early accomplishment of the very important object contemplated in the act.

The first enquiry presented for examination to a capitalist, is, perhaps, the object and utility of the proposed canal for which the loan is desired. On this point, I suppose no difference of opinion can be long entertained, it being apparent that the products of Illinois, rapidly increasing in quantity and value seek and demand a more easy and rapid transportation to a market than now exists; and of necessity, the same facility for the introduction of such necessary commodities and luxuries, as the products and increasing wealth of the state commands.

By the proposed canal, it is evident that Illinois will possess the two important sea port markets of New Orleans and New York, insuring to her people the ready disposition of their produce, and a speedy return of the proceeds; securing sources of wealth incalculably great, and clearly demonstrating the object and utility of the work.

We, of New York, readily appreciate the advantages you may reasonably expect, as we are now reaping a large harvest from our Erie canal, a sister project with your proposed work, which did not at its commencement, present the inducements now-enjoyed by the State of Illinois.

Experience has taught us to know and acknowledge the enhanced value given to every farm, village or city on or near the line of the canal; but more especially do we feel it in this city, by the steady advance of real estate, and the accumulated products poured in upon us for distribution, products

20

increasing annually in a ratio far beyond all previous calculation.

In this view of the Illinois and Michigan canal, the citizens of New York cannot but entertain a strong interest in the work, and such I believe is the fact; we must view it as forming a link in the great chain of interior communicaton, following our Erie canal and intended rail road.

We next turn to the securities offered for the proposed loan of $500,000. These are declared to be "the revenue arising "from the Illinois and Michigan canal, and from the lands "granted, or that may hereafter be granted to the state of lllinois, by the Congress of the U. S. for the construction of the said canal, and the net toils thereof," as is provided by the 7th section of the act. To those of us who are acquainted with your rich and fertile state, with the villages and towns rising in quick succession on your canal lands, and with their value, not a moment's doubt is entertained of the ample security provided for the principal and interest:— But in our country, where the rate of profit is generally twice as high as in Europe, it follows, that capital commands a higher value for its use; hence we necessarily look to other countries, where capital is of less value, to bring it home, where we can well afford to pay better for it, such in fact has been done, for the states of Alabama, Louisiana, and Mississippi, many of their loans have passed through my hands, and are now held in Europe. To your state this course is also very important, nay, indispensably necessary to the developement of the vast treasures of Illinois; for the great increase other population increases her productive powers, which powers without an accession of capital are but of little advantage.

As we are to look eventually, therefore, to foreigners for the amount of this and all other large loans, it is necessary to impress them with the value of the security we offer, and you must be aware that this cannot be done in relation to the lands of our several states, certainly not to the extent they deservedly merit; an extent abundantly satisfactory to us, but not to the foreign lender. To draw this capital from abroad, we find it necessary to give the strongest securities within the reach of the state requiring a loan; consequently, the states have pledged themselves to the final payment of the loans effected.

Examining the act before me, a doubt exists as to the actual security intended by the certificate, to be issued according to

21

the second section:— It is alleged by some they are to be issued on the faith of the state, the securities being held by the state for its own protection; while others believe that the certificates are to be issued by the state officers, as a matter of form, to be secured to the holders by the revenues, &c as set forth in the 7th section, and without any responsibility for final payment on the part of the state; this latter construction is most prevalent, though a strict legal construction might, perhaps, be given to the first position.

The doubt however is sufficient to prevent a negotiation for the loan in this city, and seems to require a change in the language of the act:— and as the rate of interest is not to exceed five per cent per annum, it will, I am persuaded, be decidedly for the advantage of the state of Illinois, to frame her certificates in the style and manner used with signal success by other states of the Union.

If sir, the feelings of the state of Illinois are in accordance with those of New York, as to the great benefits to be derived by every man from the intended improvement, no time should be lost in procuring the suggested alteration.

Respectfully, yours,
J. DELAFIELD.

To EDWARD COLES, ESQ.
Now at Philadelphia.

Charles Butler to Governor Coles.

[NO. 4.]
CHARLES BUTLER TO GOV. COLES.

NEW YORK, 22nd April, 1831.

DEAR SIR:
Enclosed I hand you a letter from Mr. Delafield, which I think is a very able one, and hope that it will enable you to present the subject to the people of Illinois in a satisfactory fight no one can doubt the abundance of the security which the State pledges for the repayment of the loan, and the Legislature had no doubt of that or they would not have offered it, and if it be considered an ample security to the lender,

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surely it must be so to the State. This loan, if effected, must be procured abroad, and it would be impossible to negotiate for a large sum, on long time and at a very low rate of interest, on any security short of State credit. What security would the lender have, under this law, for the punctual payment of the interest, assuming that the security is confined to the canal lands and tolls, and that the State is not pledged? The fund may be exhaused before the Canal is completed, and then it would seem as if the lands must be sold at a forced sale, in order to raise money to pay the interest, and this would impair the ultimate security. That the certificates would carry with them a pledge of the faith of the State for their redemption, is certainly a very plausible construction, and I was strongly inclined to entertain it; but my brother thought it was not the safe construction, and that the certificates ought to express on the face of them that they were issued on the security of the canal lands and tolls solely. Mr. Delafield enters into the spirit of the contemplated improvement, and expresses a strong wish to aid you in the loan, and will do so immediately, when the matter is put in a more desirable shape, so that he can act upon it, through him, I have no doubt that the money can be had, if the Legislature will amend the law.

Very respectfully,
Your ob't. serv't.,
CHARLES BUTLER.

HON. EDWARD COLES.

Proceedings.

The accompanying documents were also read, whereupon Mr. Tunnel proposed for adoption, the following resolution to wit:
Resolved, That so much of the Governor's message as rerelates to internal improvements, be referred to the Committee of Internal Improvements, and so much as relates to the Bank, be referred to the Committee on Finance, which
On motion of Mr. Henry, was laid upon the table.

Mr. Stuart proposed for adoption, the following resolution, viz:
Resolved, That so much of the Governor's message as refers so the apportionment of representation in the Legislature of this State, be referred to a committee of five, one member of said committee to be selected from each judicial circuit.

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Mr. Wyatt moved to lay said resolution, together with the Governor's message and accompanying documents, upon the table; and that 2000 copies of the message and accompanying documents be printed for the use of the House.

Mr. Cloud called for a division of the question.

The question being taken, upon laying said resolution on the table, it was decided in the affirmative.

The question being then taken upon laying the Governor's message and accompanying documents upon the table, and printing 2000 copies, it was decided in the affirmative,

And then the House adjourned until two o'clock p.m.

2 o'clock P. M.

House met pursuant to adjournment.

Mr. Stuart gave notice, that on Thursday next, or some day thereafter, he will ask leave to introduce a bill for "An Act to incorporate the Wabash and Mississippi Railroad Company."

On motion of Mr. Moore
The resolution in relation to so much of the Governor's message as relates to the apportionment of representation, &c just laid on the table, was taken up for consideration.

Mr. Whiteside moved to amend said resolution, by striking out the word "one," and inserting the word "two,", when —
On motion of Mr. Cloud said resolution was referred to a select committee.

Ordered, That Messrs. Cloud, Whiteside and Stuart be that committee.

Mr. Turney gave notice that on Thursday next, or some day thereafter, he will ask leave to introduce a bill for "an act to amend an act, entitled, "an act for the incorporation of the Springfield and Alton turnpike road company, approved March 1st 1833."

On motion of Mr. Carpenter of Sangamon,
Resolved, That a committee of five members be appointed to inquire into the practicability and expediency of establishing a Railroad from Springfield, by Decatur and Danville, to some eligible point upon the Wabash, and at or near the southern termination of the Eric and Wabash canal, and that said committee have leave to report by bill or otherwise.

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Ordered That Messrs. Carpenter of Sangamon, Trower Elliot, Wyatt and Harris, be the committee in pursuance of the foregoing resolution.

And then the House adjourned.

Wednesday, December 9, 1835.

House met pursuant to adjournment.

Mr. Wyatt gave notice that on Monday next, or some day thereafter, he will ask leave to introduce a bill for "an act for the construction of the Illinois and Michigan Canal."

Mr. Vandevanter, gave notice, that Oil Friday next or some day thereafter, he will ask leave to introduce a bill for "an act authorising the voters of Schuyler county, to vote for or against a division of said county, at the next election."

Mr. Stuart presented the petition of sundry citizens of Sangamon county, praying the incorporation of the Chatham manuel labor school, and on his motion, the reading thereof was dispensed with, and the same was referred to the committee on petitions.

Mr. Webb gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill for "an act to amend an act regulating the times of holding the supreme and circuit courts, and fixing the salary of tile circuit judges."

On motion of Mr. Manly,
Resolved, by the House of Representatives, that the Editor of the Illinois Advocate, or such person as he may employ, for that purpose, be permitted to come within the bar of this House for the purpose of reporting its proceedings.

Mr. Cloud, from the select committee, to which was referred the resolution in relation to so much of the Governor's message as relates to the apportionment of representation, &c reported the same back to the House, with an amendment;
Which was read and concurred in, as follows; viz:
Amend by striking out the word "five," and inserting the word "twelve;" and striking out the word "one," and inserting the word "two."

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The resolution as amended was then adopted.

Ordered, That Messrs. Cloud, Stuart, Buckmaster, Whiteside, Bowyer, Dunn, Smith, Nunnally, Ross, Butler, Hamlin, and Hackelton, be that committee.

On motion of Mr. Webb,
The resolution in relation to so much of the Governor's message, as relates to internal improvements and the bank, heretofore laid upon the table, was now taken up for consideration.

On the question,
Shall said resolution be adopted?

It was decided in the affirmative.

Mr. Smith proposed for adoption, the following resolution, viz.
Resolved, That the committee on Finance be instructed to inquire into the expediency of so amending the act incorporating the President Directors and Company of the State Bank of Illinois, as to authorise the President and Directors to increase the number of the offices of discount and deposit, as branches of the said Bank, beyond the number already authorized by the said act;
Which was not agreed to.

Mr. Hughes gave notice, that on Saturday next, or some day thereafter, he will ask leave to introduce a bill for "an act for the relief of the heirs of Reuben Goddard, deceased, and the heirs of Eli Pain, deceased."

Mr. Stuart gave notice, that on Friday next, or some day thereafter, he will ask leave to introduce a bill for "an act to amend an act concerning Justices of the Peace and Constables."

Mr. Hughes gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill for "An act to amend an act concerning estrays."

Mr. Clark proposed for adoption, the following resolution, viz:
Resolved, That the Secretary be requested to furnish this House with a list of the census from the different counties in the State, as far as they have been received.

Mr. Manly moved to lay said resolution upon the table.

Which was not agreed to.

The resolution was then adopted.

Mr. Manly gave notice, that on Saturday next, or some day thereafter, he will ask leave to introduce a bill, for
An act to amend the militia law of this State."

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Mr. Buckmaster gave notice, that on Friday next, or some day thereafter, he will ask leave to introduce a bill for
"An act to repeal a part of the act to incorporate the Springfield and Alton turnpike road company."

Mr. Moore gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill for
"An act to amend an act, entitled, an act to locate and establish a state road therein named."

Mr. Outhouse proposed for adoption, the following resolution, viz:
Resolved by the House of Representatives, that the committee on internal improvements be requested to take into consideration, the propriety of the improvement of the great thoroughfare through the State of Illinois, from Vincennes to St. Louis, and that they report by bill or otherwise.

Mr. Manly moved to amend said resolution, by adding, after the words "St. Louis" the words "and also from Vincennes to Chicago."

Which was agreed to, and
On motion of Mr. Dubois,
Said resolution was referred to a select committee of five.

Ordered, That Messrs. Dubois, Outhouse, Hughes, Manly, and Nunnally, be that committee.

And then the House adjourned, until
Two o'clock P.M.

2 o'clock, P. M.

House met pursuant to adjournment.

Mr. Ross gave notice, that on Saturday next, or some day thereafter, he will ask leave to introduce a bill for
"An act to locate a state road from Gilead, in Calhoun county, via Pittsfield, in Pike county, to Rushville in Schuyler county.

Mr. Tunnell gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill for
"An act to amend an act, entitled, an act to amend an act, entitled, an act to provide for the application of the interest of

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the fund arising from the sale of the school lands belonging to the several townships in this state. Approved February 7, 1835.

Mr. Henry proposed for adoption, the following resolution, viz:
Resolved, That we believe the, establishment of the convention system in this state, for the purpose of nominating all state and county officers, to be anti-republican, and ought not to be tolerated in a republican government.

Mr. Manly moved to lay said resolution on the table, until the 4th day of July next.

The yeas and nays being called for by Messrs. Henry and Lincoln upon this motion,
Those voting in affirmative
Messrs. Able, Blackford, Blackwcll, Blockburger, Bowyer, Buckmaster, Butler, Carpenter of Sangamon, Carpenter of Hamilton, Clark, Cloud, Dunn, Frazer, Gregory, HackeLon, Hampton, Harris, Hughes, Hunt, Hunter, Manly, Murphy, Nunnally, Outhouse, Owen, Pace, Thompson, Tunnell, Turney, Vandevanter, Whiteside, Wyatt, and Mr. Speaker, — 33

Those voting in the negative are
Messrs. Brown, Craig, Cunningham, Dawson, Dubois, Elliott, Fithian, Gordon, Harreld, Henry, Lincoln, Moore, Oliver, Ross, Stuart, Smith, Trower, Wcbb, and Wren — 19.

So said resolution was laid on the table until the 4th day of July next.

On motion of Mr. Gordon,
Resolved, That the committee on the militia, be instructed to inquire into the expediency of amending and revising the militia law of this state, and that they have leave to report by bill or otherwise.

Mr. Nunnally presented the petitions of sundry citizens of Edgar county, praying that a portion of the road, leading from Terre Haute, Indiana, in a direction to the seat of Government of this state, be declared a state road: and also praying the appointment of commissioners to re-locate and establish the state road, leading from Paris, in Edgar county, to Grandview, in said county; and
On his motion,
The reading thereof was dispensed with, and the same referred to a select committee.

Ordered, That Messrs. Nunnally, Manly and Fithian, be that committee.

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Mr. Buckmaster gave notice, that on Saturday next, or some day thereafter, he will ask leave to introduce a bill for
"An act to relocate the state prison of Illinois."

Mr. Lincoln presented the petition of sundry citizens of Sangamon county, praying a re-location of so much of the state road, leading from Jacksonville, in Morgan county, to Musick's Bridge, in Sangamon county, as lies between the head of Richland creek and said river; and also praying an alteration in that part of the state road, from Springfield in Sangamon county, to Louiston, in Fulton county, which interferes with some of the citizens on said road: and
On his motion,
The reading thereof was dispensed with, and the same were referred to a select committee.

Ordered, That Messrs. Lincoln, Carpenter of Sangamon, and Henry, be that committee.

Mr. Gregory proposed for adoption, the following resolution, viz.
Resolved by the House of Representatives, (the Senate concurring herein) That the rates for apportioning the representation of this state, according to the last state census, shall be 8000 for each senator, and 4000 for each representative.

And on motion of Mr. Lincoln,
Said resolution was laid on the table.

And then the House adjourned.

Thursday, December 10, 1835.

House met pursuant to adjournment.

A message from the Senate, by Mr. White their secretary, viz.

Mr. SPEAKER, — I am directed to inform the House of Representatives, that the Senate have adopted the following resolution, viz:
Resolved, That so much of the Governor's message as relates to the apportioning the representation from this state, be referred (the House of Representatives concurring herein) to

29

a select committee of six from the Senate, and twelve from the House of Representatives; one member of said committee, on the part of the Senate, to be selected from each judicial circuit; and two members of the House to be selected in like manner.

And have appointed Messrs. Davidson, Strode, Maxwell, Whiteside, Ewing and Thomas, the committee on their part, and ask the concurrence of the House of Representatives,

And then he withdrew.

Another message from the Senate, by Mr. White, their secretary, viz.

Mr. SPEAKER, — I am directed to inform the House of Representatives, that the Senate have adopted the following resolutions, viz:
Resolved, by the Senate, (the House of Representatives concurring herein.) that the surviving commissioners for the improvement of the Kaskaskia river, be authorised to meet, and settle their unfinished business, and report to the Legislature, all the transactions of the board, if any, since their last report after which report said board may be dissolved.

Also
Resolved by the General Assembly of the State of Illinois, That the Senators and Representatives in Congress, from this state, be requested to use their exertions to procure the passage of a law, authorizing the relinquishment of sections number sixteen, in every township, where those sections, upon being offered for sale, will not sell for one dollar and twenty-five cents per acre, and the selection of an equal quantity of land, in quarter sections, in lieu thereof.

Resolved, That the Governor be requested to transmit a copy of the foregoing resolution, to each of the Senators and Representatives in Congress, from this state; in the adoption of which several resolutions, they ask the concurrence of the House of representatives.

And then he withdrew.

Mr. SPEAKER laid before the House, a communication from the Secretary of State, transmitting the returns of the census, so far as received, in obedience to a resolution of this House,
Which was read; and
On motion of Mr. Stuart, Laid on the table.

Mr. Dawson from the committee on internal improvements, introduced a bill, entitled,

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"An act for the construction of the Illinois and Michigan canal,
Which was read the first time; and Ordered to a second reading, and,
On motion of Mr. Stuart,
The rule of the House was dispensed with, and said bill was now read a second time by its title,
And on the further
Motion of Mr. Stewart,
Said bill was committed to a committee of the whole House, and made the order of the day for tomorrow.

The resolutions from the Senate; in relation to the commissioners for the improvement of the Kaskaskia river, and the re-selection of sixteenth sections, &c.
Were read and concurred in.

Ordered , That the clerk inform the Senate thereof.

The resolution from the Senate, relative to the appointment of a joint select committee, to make the apportionment, &c. was read, when
On motion of Mr. Cloud,
Said resolution was laid upon the table.

Mr. Gregory gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill for
"An act to amend an act, entitled, an act concerning public roads, approved February 3d, 1835."

On motion of Mr. Whiteside,
The vote taken yesterday, upon the resolution offered by Mr. Smith, instructing the committee on finance to inquire into the expediency of amending the bank charter, so as to extend the number of its branches, or offices of discount and deposit, &c was reconsidered.

Upon the question,
Shall said resolution be adopted?

It was decided in the affirmative.

On motion of Mr. Wyatt,
Resolved, That the Governor be invited to take a seat within the bar of this House, during the present session.

Mr. Fithian gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill for
"An act to incorporate the Danville academy."

Mr. Stuart, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill, entitled,
"An act to incorporate the Wabash and Mississippi Rail Road Company,"

31

Which was read the first time; and
Ordered to a second reading.

On motion of Mr. Cloud,
The rule of the House was dispensed with, and
Said bill was read a second time by its title.

And on the further motion of Mr. Cloud,
Referred to a select committee.

Ordered, That Messrs. Cloud, Stuart, and Carpenter of Sangamon, be that committee.

Mr. Hamlin gave notice, That on Monday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act to incorporate the Peoria Hotel Company."

On motion of Mr. Moore,
Resolved, That the committee on the Judiciary ascertain, and report to this House, the date at which a copy of the laws and journals of the first session of the present General Assembly, were delivered to the public printer; also the date at which the printing was completed, and the date at which they were delivered to the Secretary of State, for distribution; and also, the reason why, a part of the journal of this House was omitted in the printing; and also the cause of the omission of several laws, and that they have power to send for persons and papers.

On motion of Mr. Carpenter of Hamilton,
Resolved, That the committee on Internal Improvements be instructed to inquire into the expediency of incorporating a company to construct a rail road from Shawneetown, on the Ohio river, via McLeansborough, Hamilton county, Mount Vernon, Jefferson county; Carlyle, Clinton county; Edwardsville, Madison county, to Lower Alton, on the Mississippi river.

Mr. Buckmaster moved to take up the resolution offered on yesterday, by Mr. Gregory, and laid upon the table, relative to fixing the ratio of representation, and the communication of the Secretary of State, this day laid before the House,
Which was not agreed to.

And then the House adjourned, until 2 o'clock, P. M.

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2 o'clock P. M.

House met pursuant to adjournment.

Mr. Ross gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act, authorising the Sheriffs of Pike and Adams counties, to pay over the resident land tax of their respective counties, to their respective treasurers.

Mr. Lincoln gave notice, that on Saturday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act, supplemental to an act, entitled, an act for the relief of insolvent debtors, approved January 12th, 1829."

Mr. Smith gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act to incorporate the President and Trustees of the Mount Carmel Academy."

Mr. Blockburger gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act to authorise the distribution of the revised laws, now in the hands of the Sheriff of the county of Montgomery"

Mr. Blockburger gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill, for
An act to review so much of the Carlinville road, as lies between Hillsboro', in Montgomery county, and the Honeypoint, in Macoupin county."

A message from the Senate by Mr. White their Secretary, viz.

MR. SPEAKER — I am directed to inform the House of Representatives, that the Senate have adopted the following resolutions, viz.

Resolved by the Senate, (the House of Representatives concurring herein) that our Senators in Congress be instructed and our Representatives requested to use their best exertions to have the surveys of the public land, in the northern end of this state, completed as early as practicable, that they may be brought into market, and that the settlers and occupants thereon, may be thereby enabled to purchase their improvements.

Resolved, That the Governor be requested to forward a copy of the foregoing resolution, to each of our Senators and Representatives in Congress: and to ask the concurrence of the House of Representatives therein.

And then he withdrew.

The said resolutions were read, and

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On motion of Mr. Whiteside,
Laid upon the table.

And then the House adjourned:

Friday, December 11, 1835.

House met pursuant to adjournment.

DANIEL WOOD — A representative from the county of Gallatin, appeared, was qualified, and took his seat.

Mr. Hamlin presented the petition of William Seely, praying the passage of an act authorising him to build a toll bridge across the Big Vermillion river, and
On his motion, the reading thereof was dispensed with, and the same was referred to the committee on Petitions.

Mr. Stuart presented the preamble and resolutions of a meeting of the citizens of Cook county, relative to the northern canal, and
On his motion, the reading thereof was dispensed with, and the same were referred to the same committee of the whole House, to which was referred the bill entitled,
"An act for the construction of the Illinois and Michigan Canal."

Mr. Lincoln, from the Select Committee, to which was referred the petitions of sundry citizens of Sangamon county, praying a change of a part of the state road, leading from Crows, in the county of Morgan, to Musick's Bridge, &c. reported a bill, entitled,
"An act to re-locate a part of the state road, leading from Crows, in Morgan county, to Musick's Bridge, in Sangamon county."

Which was read the first time, and
Ordered to a second reading.

Mr. Blackford gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act for the benefit of the inhabitants of Fractional Range Eleven, in White county."

On motion of Mr. Dubois,

34

Resolved, That the commissioner of the fund for the improvement of the navigation of the Great Wabash river, be requested to make a report of all his proceedings had in relation to the said fund."

Mr. Dunn proposed for adoption, the following resolution, viz.
Resolved, by the House of Representatives, (the Senate concurring therein) that no new business be introduced into either House of this General Assembly, from and after Wednesday next, the 16th instant; which,
On motion of Mr. Henry
Was laid on the table.

On motion of Mr. Lincoln,
Resolved, That a select committee of five be appointed to Inquire into the expediency of incorporating a company to construct a canal upon the valley of the Sangamon river, and that they report by bill or otherwise.

Ordered, That Messrs. Lincoln, Brown, Gordon, Carpenter of Sangamon, and Trower, be that committee.

Mr. Webb gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act, simplifying the mode of acknowledgment or proof of Sheriffs' deeds."

Mr. Buckmaster, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill, entitled,
"An act to relocate the State Prison of the state of Illinois,"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Buckmaster, the rule of the House was dispensed with, and
The bill read a second time by its title: and
On the further motion of Mr. Buckmaster,
Referred to the committee on the Penitentiary.

On motion of Mr. Smith,
Resolved, That a select committee of five members be appointed, to enquire into the expediency of making an appropriation for the improvement of the navigation of the GreatWabash river, to be applied in conjunction with a like appropriation from the state of Indiana, and that they have leave to report by bill or otherwise.

Ordered, That Messrs. Smith, Dubois, Webb, Manly and Wood, be the committee, in pursuance of the foregoing resolution.

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On motion of Mr. Gordon,
Resolved by the House of Representatives, (the Senate concurring herein.) That our Senators in Congress be instructed, and our Representatives requested to use all proper exertions to procure competent engineers of the United States corps, to make a survey of the Illinois river, and to ascertain the probable amount of money, that would be required to remove the obstructions to the navigation of the said river,

Resolved, That the Governor be requested to forward a copy of the foregoing resolutions to each of our Senators and Representatives in Congress.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence therein, Message from the Senate by Mr. White their secretary.

Mr. SPEAKER, I am directed to inform the House of Representatives, that the Senate have passed a bill, entitled, "an act to amend an act, entitled, an act to incorporate the Springfield and Alton Turnpike Road company, approved March 1st, 1835." In the passage of which bill they ask the concurrence of the House of Representatives."

And then he withdrew,

On motion of Mr. Cloud,
The House resolved itself into a committee of the whole House, to take into consideration the bill, entitled,
"An act for the construction of the Illinois and Michigan Canal, and the preamble and resolutions of the citizens of Cook county, in relation thereto.

Mr. Cloud in the Chair, and after some time spent therein,
Mr. SPEAKER resumed the Chair, and
Mr. Cloud reported, that the committee of the Whole had. according to order, had said bill, preamble and resolutions under consideration, had made some progress therein, and and had directed him to ask leave of the House to sit again.

On the question, shall leave be given?

It was decided in the affirmative,

And then the House adjourned until two o'clock p. m.

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2 o'clock, P. M.

House met pursuant to adjournment.

Mr. Blockburger gave notice, that on Wednesday next, or some day thereafter, he should ask leave to introduce a bill for
"An act to incorporate the subscribers of the Alton, Wabash, and Erie Rail Road Company."

Mr. Oliver gave notice, that he should on Monday next, or some day thereafter, ask leave to introduce a bill, for
"An act to locate a State Road from Frankfort in Franklin county, via Vienna, in Johnson county, to Wilcox's Ferry on the Ohio river."

On motion of Mr. Hackelton,
The House again resolved itself into a committee of the Whole House, upon the bill entitled,
"An act for the construction of the Illinois and Michigan Canal."

Mr. Gregory in the chair, and after some time spent therein
Mr. SPEAKER resumed the chair; and
Mr. Gregory reported, that the Committee of the Whole House, according to order, have had said bill under consideration have made some progress therein, and directed him to ask leave to sit again.

On the question being put,
Shall leave be given?

It was decided in the affirmative.

And then the House adjourned.

Saturday, December 9, 1835.

House met pursuant to adjournment.

DAVID PORTER — A representative elect from the county of Crawford, appeared, was qualified, and took his seat.

Mr. Manly presented the petitions of sundry citizens of

37

Clark county, praying the passage of an act, authorising the removal of the County Seat of said county, and
On his motion, the reading thereof was dispensed with, and the same were referred to a select committee.

Ordered, that Messrs Manly, Able and Blackford be that committee.

Mr. Smith presented the petition of sundry citizens of Wabash county, praying the review of the State Road from Mount Carmel to Maysville, and
On his motion, the reading thereof was dispensed with, and the same was referred to a select committee.

Ordered, That Messrs. Smith, Frazer and Blackwell be that committee.

Mr. Cloud, from the select committee, to which was referred the bill, entitled,
"An act to incorporate the Wabash and Mississippi Rail Road Company," reported the same back to the House with sundry amendments, which were read and concurred in, and
Ordered to be engrossed for a third reading.

Mr. Nunnally, from the select committee, to which was referred the petitions of sundry citizens of Edgar county, praying the change and relocation of the State Road, leading from Paris, in Edgar county, to Grandview, reported a bill, entitled,
"An act to re-locate and establish a State Road, from Paris, in Edgar county, to Grandview."

Which was read the first time; and
Ordered to a second reading.

On motion of Mr. Manly,
Resolved, by the House of Representatives, (the Senate concuring herein,) that our Senators in Congress, be instructed, and our Representatives be requested to urge upon Congress the propriety of granting pensions to such persons as were engaged in defence against the Indians, previous to the treaty of Greenville; and that the Governor forward a copy of this resolution to each of our Senators and Representatives.

Ordered, That the clerk inform the Senate thereof, and ask their concurrence therein.

The bill from the Senate, entitled,
"An act to amend an act, entitled, an act to incorporate the Springfield and Alton Turnpike Road Company; approved March 1st, 1833;"

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Was read the first time, and
Ordered to a second reading.

On motion of Mr. Stuart,
The rule of the House was dispensed with, and the said bill
Was now read the second time by its title, and
Ordered to a third reading; and
On the further motion of Mr. Stuart,
The rule of the House was again dispened with, and said bill
Was now 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.

Mr. Vandevanter gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill, entitled,
"An act concerning the county of Schuyler."

Mr. Turney, in pursuance of previous notice, asked, and obtained leave to introduce a bill, entitled,
"An act for the incorporation of the Mississippi, Springfield, and Jacksonville Rail Road Company."

Which was read the first time; and
Ordered to a second reading.

Mr. Lincoln, from the select committee, appointed in pursuance of a resolution, to inquire into the expediency of constructing a canal in the valley of the Sangamon river, reported a bill, entitled,
"An act to incorporate the Beardstown and Sangamon Canal Company."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Gordon, the rule of the House was dispensed with, and said bill
Was now read the second time by its title:
Ordered to be engrossed and read a third time.

On motion of Mr. Cloud,
The rule of the House was dispensed with, and the bill entitled,
"An act for the incorporation of the Mississippi, Springfield, and Jacksonville Rail Road Company,"
Was now read the second time by its title; and
On motion of Mr. Gregory, referred to a select committee.

Ordered, That Messrs. Gregory, Turney, and Henry be that committee.

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Mr. Ross, in pursuance of previous notice, asked and obtained leave to introduce a bill, entitled,
"An act to locate a State Road through Calhoun and Pike counties, to Rushville, in Schuyler county;"
Which was read the first time; and
Ordered to a second reading.

On motion of Mr. Vandevanter,
The rule of the House was dispensed with, and said bill
Was now read the second time by its title, and
On the further motion of Mr. Vandevanter.

Said bill was referred to a select committee.

Ordered That Messrs. Vandevanter, Ross and Butler, be that committee.

Mr. Owen gave notice, that on Thursday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act to incorporate the Warsaw, Peoria, and Wabash Rail Road Company."

The act, entitled,
"An act to re-locate a part of the State Road, leading from Crow's, in Morgan county, to Musick's Bridge, in Sangamon county;"
Was read the second time, and
Ordered to be engrossed and read the third time.

A message from the Senate, by Mr. White their secretary:

Mr. SPEAKER, — The Senate have passed the following bills,
"A bill for an act, for the benefit of the infant heirs of James Evans, senior, deceased."

And a bill entitled,
"An act to provide for the sale of the land that has been provided for the use of schools, in lieu of the 16th section, in Fractional Township 13 south, Range 3 west, in Union county." in which they ask the concurrence of the House of Representatives.

And then he withdrew.

On motion of Mr. Vandevanter,
The House again resolved itself into a committee of the Whole House upon the bill, entitled,
"An act for the construction of the Illinois and Michigan Canal;"

And after some time spent therein,
Mr. SPEAKER resumed the chair, and
Mr. Moore reported that the committee of the Whole, had according to order, had said bill under consideration, had

40

amended the same by striking out all after the enacting clause, in which amendment they asked the concurrence of the House.

On the question, will the House concurin the report of the Whole House?

Messrs. Wyatt and Ross called for the Yeas and Nays,
Upon this question;
It was decided in the affirmative, Yeas, 28. Nays. 27.

Those voting in the affirmative, are
Mesrrs. Able, Blackford, Blackwell, Bowyer, Carpenter of Hamilton, Craig, Cunningham, Dubois, Dunn, Fithian, Frazer, Hampton, Harreld, Hughes, Manly, Murphy, Nunnally, Oliver, Outhouse, Pace, Porter, Smith, Thompson, Trower, Webb, Whiteside, Wood and Wren — 28.

Those voting in the negative, are
Messrs. Blockburger, Brown, Buckmaster, Butler, Carpenter of Sangamon, Clark, Cloud, Dawson, Elliott, Gordon, Gregory, Hackelton, Hamlin, Harris, Henry, Hunt, Hunter, Lincoln, Moore, Owen, Ross, Stuart, Tunnell, Turney, Vandevanter, Wyatt, and Mr. Speaker — 27.

On motion of Mr. Turney,
Said bill, as amended was referred to a select committee of five.

Ordered, That Messrs. Turney, Carpenter of Sangamon, Hamlin, Carpenter of Hamilton, and Ross be that committee.

Mr. Gordon gave notice, that on Monday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act to amend the law concerning Justices of the Peace, and Constables."

The bill from the Senate entitled;
"An act to provide for the sale of the land, that has been selected for the use of schools, in lieu of the 16th section, in Fractional Township 13 south, Range 3 West, in Union county."

Was read the first time; and
Ordered to a second reading.

And then the House adjourned until 2 o'clock, P. M.

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2 o'clock, P. M.

House met pursuant to adjournment.

Mr. Buckmaster, from the committee on the Penitentiary, to which was referred the bill for
"An Act to relocate the State Prison of the State of Illinois;" reported a substitute for the original bill: and
On the motion of Mr. Buckmaster,
The bill and report were referred to the committee on Finance.

Mr. Hackelton gave notice, that on Monday next, he should ask leave to introduce a bill, for
"An act, in relation to the town of Utica, in the county of Fulton."

The bill from the Senate, entitled, "An act for the benefit of the Infant Heirs of James Evans, senior, deceased,"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Manly,
The rule of the House was dispensed with, and the bill
Read the second time by its title; and
Ordered to the third reading.

Mr. Clark gave notice, that on Monday next, or some day thereafter, he should ask leave to introduce a bill, for
"An act to authorise Samuel Witter, to build a Toll Bridge, across the Skillet Fork, of the Little Wabash river, on the state road leading from Fairfield to Salem."

Mr. Ross gave notice, that he should, on Monday next, ask leave to introduce a bill, for
"An act concerning Marks and Brands."

Mr. Lincoln, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill, entitled,
"An act supplemental to an act, entitled, an act for the relief of Insolvent Debtors, approved January 12th, 1829."

Which was read the first time; and
Ordered to a second reading,

And then the House adjourned until 10 o'clock, Monday morning.

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Monday, December 14th, 1835.

House met pursuant to adjournment.

The Speaker added the following named persons to the following standing committees, viz.
On Salines — Mr. WOOD.

On the Penitentiary — Mr. WOOD.

On Internal Improvements — Mr. PORTER.

On Education — Mr. PORTER.

Mr. Manly presented the remonstrance of sundry citizens of Clark county, against the removal of the county seat of said county, And on his motion, the reading thereof was dispensed with, and referred to the same select committee, to which was referred the petitions upon the same subject.

Mr. Wyatt presented the petition of sundry citizens, of Morgan county, praying a certain State Road therein named, and on his motion, the reading thereof was dispensed with, and the same was referred to a select committee.

Ordered, That Messrs. Wyatt, Brown and Dawson, be that committee.

Mr. Smith presented the petition of sundry citizens of Wabash county, praying a certain State Road therein named, and On his motion, the reading thereof was dispensed with, and the same was referred to the committee on Petitions, Mr. Brown presented the petition of sundry citizens of Tazewell county, concerning a certain State Road therein named;
On his motion, the reading thereof was dispensed with, and and the same was referred to a select committee.

Ordered that Messrs. Brown, Lincoln and Pace be that committee.

Mr. Wood gave notice, that on Wednesday next, or some day thereafter, he will ask leave to introduce a bill, for
"An Act to enable proprietors of Real Estate, under certificates, to assign the same."

Mr. Stuart, from the committee on Petitions, to which was referred the petition of William Seely, praying the passage of an act, to authorise him to build a Toll Bridge across the Big Vermillion;" reported a bill entitled,
"An act to authorise William Seely, to build a Toll Bridge across the Big Vermillion."

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Which was read the first time,
And ordered to a second reading.

Mr Stuart from the committee on Petitions, to which was referred the petition of sundry citizens of Sangamon county, praying an act to incorporate the Chatham Manual Labor School, reported a bill, for
"An act to incorporate the Chatham Manual Labor School"
Which was read the first time; and
Ordered to a second reading.

Mr. Buckmaster gave notice, that on Wednesday next, or some day thereafter, he will ask leave to introduce a bill for
"An Act concerning Fees;" also, a bill for
"An act to incorporate the Illinois Emigrant's Company."

Mr. Whiteside, from the committee on Finance, to which was referred the bill, entitled,
"An act to re-locate the State Prison of Illinois," reported back to the House a substitute, which was read and concurred in, and
On motion of Mr. Buckmaster, said bill was referred to the committee on the Judiciary.

Mr. Whiteside, from the same committee, to which Was referred the resolution relative to the increase of the branches of the State Bank, and so much of the Governor's message, as relates to the Bank, reported a bill, entitled,
"An act supplemental to an act, to incorporate the subscribers to the Bank of the State of Illinois."

Which was read the first time, and
Ordered to a second reading; and
On motion of Mr. Moore.

The rule of the House was dispensed with, and said bill was now read the second time by its title, and
On motion of Mr. Whiteside,
Said bill was referred to a committee of the Whole House, and made the order of the day for Wednesday next.

A message from the Senate by Mr. Thomas, assistant secretary;

Mr. SPEAKER, — The Senate have concurred with the House of Representatives, in the adoption of the resolutions, having for their object, to procure the passage of laws by Congress, to procure competent engineers to make a survey of the Illinois river, and an estimate of the probable cost of removing the obstructions to the navigation of said river; and to grant pensions, &c to certain persons engaged in defence against the Indians, &c.

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The Senate have also adopted the following preamble and resolutions, in which they ask the concurrence of the House of Representatives, viz

Whereas in all free representative governments, the sovereignty and will of the people, is an indisputable principle, they have a right, and it is their duty, upon all proper occasions whenever they deem it necessary to instruct their representatives, in the duties which they require them to perform, in order more fully to carry their will into effect.

Therefore,
Be if Resolved by the Senate and House of Representatives, of the State of Illinois, that our Senators in Congress be, and they are hereby instructed to vote for, and use their influence to have expunged from the Journal of the United States Senate, the resolutions passed on the 28th day of March, 1834, declaring that the President of the United States, in the late executive proceedings, in relation to the public revenue, had assumed upon himself an authority and power, not conferred by the conferred by the constitution and laws, but in derogation of both, the same having passed that body without warrant of law.

Resolved, That our Senators in Congress, are hereby particularly instructed to use their, utmost exertions to carry into effect the object of the above resolution.

Resolved, That the Governor of this State be requested to furnish each of our Senators in Congress, a copy of the foregoing resolutions.

And then he withdrew.

Mr. Wren gave notice, that on Wednesday next, or some day thereafter, he will ask leave to introduce a bill for
"An act to establish a State Road from Nashville, in Washington county, to Mount Vernon, in Jefferson county," and
Also a bill for "an act to re-locate a part of the State Road from Shawneetown to Kaskaskia"

Mr. Gregory gave notice, that on Wednesday next, or some day thereafter, he will ask leave to introduce a bill for
"An act for the construction of a Rail or Turnpike Road, from Beardstown, via Jacksonville to Carrolton."

And also a bill for
"An act for the construction of a State, Turnpike or Rail Road, from Lower Alton, via Point Pleasant, to Jacksonville, in Morgan county."

Mr. Vandevanter, from the select committee, to which was referred the bill entitled,

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"An act to locate a State Road through Calhoun and Pike counties, to Rushville, in Schuyler county."

Reported the same with an amendment, which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Gregory from the select committee, to which was refered the bill, entitled,
"An act for the incorporation of the Mississippi, Springfield, and Jacksonville Rail Road Company,"
Reported the same without amendment.

Ordered, that said bill be engrossed for a third reading.

Mr. Turney from the select committee, to which
Was refered the bill for
"An act for the construction of the Illinois and Michigan Canal."

Reported the same with an amendment, by substituting the original bill, and adding an additional section, when
Mr. Hughes moved to refer the bill, and report to a committee of the Whole House, and make them the order for this day.

Messrs Hughes and Nunnally calling for the Yeas and Nays upon this motion;
Those voting in the affirmative, are
Messrs. Able, Blockburger, Bowyer, Clark, Cunningham, Dunn, Hampton, Harreld, Harris, Hughes, Manly, Murphy, Nunnally, Oliver, Outhouse, Pace, Thompson, Trower, Tunnell, Turney, Vandevanter, Whiteside, Wyatt, and Mr. Speaker. — 24.

Those voting in the negative, are
Messrs. Blackford, Brown, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Craig, Dawson, Dubois, Elliott, Fithian, Frazer, Gordon, Gregory, Hackelton, Henry, Hunt, Hunter, Lincoln, Moore, Owen, Porter, Ross, Stuart, Smith, Webb, Wood, and Wren. — 29.

So the House refused to commit said bill and report to a committee of the Whole House.

The question was then put,
Will the House concur in the report of the select committee?

And Messrs. Bowyer and Able calling for the yeas and nays upon this question:
Those voting in the affirmative, are,
Messrs. Blackford, Blockburger, Brown, Buckmaster, Butler,

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Carpenter of Sangamon, Clark, Cloud, Dawson, Dunn, Elliott, Fithian, Gordon, Gregory, Hackelton, Hamlin, Hampton, Harris, Henry, Hunt, Hunter, Lincoln, Moore, Owen, Ross, Stuart, Tunnel, Turney, Vandevanter, Webb, Wood, Wyatt and Mr. Speaker. — 33.

Those voting in the negative, are,
Messrs. Able, Blackwell, Bowyer, Carpenter of Hamilton, Craig, Cunningham, Dubois, Frazer, Harreld, Hughes, Manly, Murphy, Nunnally, Oliver, Outhouse, Pace, Porter, Smith, Thompson, Trower, Whiteside and Wren. — 22.

So the report of the select committee was concurred in.

Mr. Webb moved to lay the bill upon the table until the
4th day of July next.

Which was decided in the negative. — Yeas 25. Nays 28.

Messrs. Wyatt and Cloud called for the yeas and nays upon this motion.

Those voting in the affirmative, are,
Messrs. Able, Blackford, Bowyer, Buckmaster, Carpenter of Hamilton, Craig, Cunningham, Dubois, Frazer, Hampton, Harreld, Hughes, Manly, Murphy, Nunnally, Oliver, Outhouse, Pace, Porter, Smith, Thompson, Trower, Webb, Wood and Wren. — 25.

Those voting in the negative, are,
Messrs. Blockburger, Brown, Butler, Carpenter of Sangamon, Clark, Cloud, Dawson, Dunn, Elliott, Fithian, Gordon, Gregory, Hackelton, Harris, Henry, Hunt, Hunter, Lincoln, Moore, Owen, Ross, Stuart, Tunnel, Turney, Vandevanter, Whiteside, Wyatt and Mr. Speaker. — 28.

Mr. Turney moved to amend the bill by striking out all after the enacting clause, and inserting the following, viz:
"That there shall be elected at the present session of the General Assembly, by joint vote of the Legislature, — practical and skilful citizens of this State, to constitute a board, to be known by the style and description of the "Board of Commissioners of the Illinois and Michigan Canal;" one of whom, shall be President; one Treasurer; and one to be Acting Commissioner, who shall be severally designated in the joint vote given, by name, for each respective office to which he may be elected. Whenever any vacancy shall occur in the said Board of Commissioners, by death, resignation, or any other cause, the Governor of this State shall fill such vacancy during the recess of the Legislature.

SEC. 2. The Board of Commissioners to be elected as

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aforesaid, shall hold their offices until the first Monday of January 1837, and until their successors shall be chosen; and thereafter the said Board of Commissioners, shall be biennially chosen in such manner as is hereinbefore provided by the preceding section of this act.

SEC. 3. The Acting Commissioner shall be allowed a salary of — per annum, and the rest of the Board shall each be allowed a compensation of three dollars per day, while necessarily employed in the business of the Canal.

SEC. 4. The said Board of Commissioners, is hereby constituted a body politic and corporate, with full power and authority in their corporate name, to contract and be contracted with, sue and be sued, defend and be defended, plead and be impleaded, in all matters and things relating to them as Canal Commissioners; and they shall have and use a common seal of such device as the said Board may direct.

SEC. 5. The said Board shall appoint a Secretary, whose duty it shall be to keep a true record of all their proceedings. The said Board shall hold quarterly meetings, and special meetings, whenever any two of them, or the Acting Commissioner may desire it; any two of them shall constitute a quorum to do business.

SEC. 6. Before entering upon the duty of their office, each of the said commissioners shall make oath or affirmation faithfully, honestly, and truly, to execute and discharge all the duties and obligations herein imposed upon them, and each of them, as Canal Commissioners; and they shall severally give bonds to the Governor, for the use of the Canal Fund, in the sum of — dollars, with sufficient sureties, to be approved by the Governor; conditioned, that they will faithfully, honestly, and promptly discharge all and singular, the duties now enjoined and required of them by law, or which may be hereafter required of them by law. The Governor may at any time require additional bonds of the Treasurer, whenever he may be of opinion that the safety of the funds require it.

Sec. 7. Whenever all or any part of the money upon any contract shall become due, it shall be the duty of the treasurer to draw his warrant or check therefor, in favour of the contractor, upon the bank or banks, in which the canal fund shall have been deposited, which warrant or check shall be countersigned by the acting commissioner, and shall be under the seal of the board.

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SEC. 8. It shall be the duty of the acting commissioner, to obtain from the cashier of the bank or banks, in which the said fund shall have been deposited, a quarterly report, exhibiting a true account of all the monies received in deposit, on account of the canal fund, and paid out of the said fund, during the previous quarter, which report shall be laid before the board of canal commissioners, and within twenty days thereafter, shall be examined by the said board, and compared with the accounts of the treasurer, and an entry shall be made in the books of the said board, that the said examination has been made by them, and that the two accounts correspond, if such be the case, each commissioner present shall sign his name to the record of such examination.

SEC. 9. It shall be the duty of the acting commissioner, 1st to make, under the direction of the board, all necessary contracts for the supply of materials and the performance of labor. — 2d, to inquire into the official conduct of agents, clerks, superintendants, and all subordinate officers, and to receive and hear all complaints, that may be preferred against them. 3rd, to enforce the faithful execution by all persons concerned, of the duties and obligations imposed upon, and required of them by this act. 4th. to examine frequently and carefully into the state of the canal, and the progress of the works thereon. 5th, to have the immediate care and superintendance of the canal, and all matters relating thereto.

SEC. 10. The board of commissioners shall cause a re-survey to be made of the route for a canal between Lake Michigan and the navigable waters of Illinois river, and new estimates of costs thereof; the said canal to be not less than forty five feet wide at the surface, thirty feet at the base, and of sufficient depth to insure a navigation of at least four feet; to be be suitable for ordinary canal boat navigation; to be supplied with water from Lake Michigan, and such other sources as they may think proper, and to be constructed in the manner best calculated to promote the permanent interest of the country.

SEC. 11. They shall take efficient and proper measures for the immediate construction of the said canal; shall put such parts of it, as they may deem proper, under contract as herein provided, and shall have the general care and superintendence thereof.

SEC. 12. They shall inspect and examine into the account books, and all of the proceedings of the treasurer and of the acting commissioner.

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SEC. 13. They shall furnish the Acting Commissioner, with all proper means and facilities that may be necessary to enable him to discharge the duties herein imposed upon him.

SEC. 14. They shall have full power and authority, in their judgment, to do in relation to the construction and completion of the said canal, all things not otherwise herein expressly provided for.

SEC. 15. It shall be lawful for them to enter upon and use any lands, waters, streams, and materials of any description necessary for the prosecution of the works contemplated by this act.

SEC: 16. They may employ such and so many agents, engineers, surveyors, draftsmen and other persons, as they may judge necessary to enable them to discharge their duties as commissioners, and may pay such compensation as they shall judge reasonable to each person employed.

SEC. 17. Public notice shall be given of the time and place at which proposals will be recived for entering into contracts, which notice shall be previously published for at least six weeks in the newspapers printed at Chicago, and in such other papers either in this state, or elsewhere, as may be deemed proper.

SEC. 18. Proposals for contracts shall be sealed, and shall be for a sum definite and certain, as to the price to be paid or received; and shall be accompanied with good and sufficient security for the faithful performance of such contract.

SEC. 19. The commissioners shall not enter into any contract for the supply of materials or the performance of labor, without previously taking satisfactory security for the faithful performance of such contract, according to its terms.

SEC. 20. The Board may, if they think the interest of the State requires it, retain one half of the amount due upon any contract, until the contract shall have been completed, at which time all arrearages shall be paid up; and in no case shall more than three fourths of the amount due upon any contract be paid, until the work shall have been completed and accepted.

SEC. 21. All contracts concerning the contemplated canal, shall be made in writing, under the seal of the Board, and of each contract three copies shall be executed by the parties, one of which shall be retained by the Board, and one shall be immediately forwarded to the Auditor of Public Accounts, and filed in his office.

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SEC. 22. All materials procured or partially procured under a contract with the commissioners, shall be exempt from execution; but it shall be the duty of the commissioners to pay the moneys due for such materials to the judgment creditor of the contractor, under whose execution such materials might have been sold, upon his producing to them due proof that his execution would have so attached; and such payment shall be held a valid payment on the contract.

SEC. 23. In case of the death of any canal contractor, who shall at the time of his decease be indebted to any laborers for work done on the canal, it shall be lawful for the Board, if they think proper, to pay such laborers out of any moneys that may be due to the deceased contractor, and the receipt of such laborers shall be a good voucher in off-set to the sum due to the deceased contractor from the Board, on the final settlement between them and his Executors and Administrators: Provided, That the said person shall first obtain a judgment against the Administrator of such deceased contractor, and shall produce a certificate from the Court that the said judgment was rendered for work done on the canal, or for materials furnished therefor and for no other cause.

SEC. 24. The Board shall, from time to time, make such rules and regulations, not inconsistent with the laws of this State, in respect to the persons employed about the canal; injury done to the said canal or locks, and the management and navigation of the same, and impose such forfeitures of money for the breach of such rules and regulations, as they may judge reasonable; but no forfeiture imposed, shall, for a single offence, exceed the sum of Fifty dollars over and above the amount of actual damage done.

SEC. 25. They shall cause a sufficient number of such rules and regulations to be posted up for public inspection, and shall transmit a copy of them from time to time to the Governor, as they may be made in their next quarterly and annual reports.

SEC. 26. All rules, regulations and forfeitures established by them as aforesaid, shall be filed in the office of the Auditor, and a copy thereof, certified by him, under his hand and seal of office, shall be received in all courts of law, as due proof that such rules, regulations and forfeitures were by them established.

SEC. 27. The said Board of Canal Commissioners shall, as soon as practicable after the passage of this act, cause

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fractional section fifteen, lying within the corporate limits of the town of Chicago, to be surveyed into lots, which said lots when so surveyed, together with the lots heretofore laid off in the said town of Chicago and now remaining unsold, shall be sold by the said commissioners, for the purpose of raising a fund to be denominated the Canal Fund, and to be applied to the commencement and towards the construction of the Illinois and Michigan Canal, and for no other purpose whatever.

SEC. 28. The said Board of Commissioners are hereby authorized, whenever the said fractional section fifteen shall have been surveyed as aforesaid, to sell all of said lots for the highest price that can be obtained therefor at public auction; requiring from the purchasers thereof, respectively, the payment of one fourth of the purchase money at the time of such sale, taking bonds from the several purchasers thereof, for the residue, payable by equal instalments in one, two and three years, bearing an interest of six per centum per annum.

SEC. 29. It shall be the duty of the commissioners upon the payment of the purchase money aforesaid, and the execution of bond for the residue, to give to each purchaser respectively, a certificate of purchase thereof, signed by the treasurer of said Board, describing the lot or lots purchased, and the price for which the same was sold, and the treasurer shall also forward a duplicate of such certificate to the Auditor of State, who shall file the same and keep a record thereof in his office. Upon the payment of the remaining three fourths of the purchase money secured to be paid by bonds given by the purchaser in each case respectively, and the presentation of such purchaser's certificate or certificates to the Governor of this State, together with the Treasurer's receipt in full for the said purchase money, the said purchaser shall receive a Patent for the lands described in such certificate, signed by the Governor, and countersigned by the Secretary of State, with the seal of the State affixed thereto.

SEC. 30. All moneys received by the Treasurer, shall be deposited in some Bank, under the direction of the Board of Commissioners.

SEC. 31. Upon the failure to pay by any purchaser of any lot or lots, the last instalment at the time such instalment shall become due, together with all previous instalments, and the interest due thereon, all previous payments shall become forfeited, and such lot or lots upon which such instalments,

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shall have been neglected to be paid, shall be re-sold at public auction in the manner and upon the terms herein before described.

SEC. 32. Said Commissioners before making such sale as aforesaid, shall give — days notice of the time and place of such sale in at least six of the newspapers published in this State, one of which shall be at the Seat of Government.

SEC. 33. None of the Board of Canal Commissioners shall be allowed to purchase any of the canal lots herein authorized to be sold, nor shall they or either of them, in any way, either directly or indirectly, be concerned in any such purchase, or have any manner of interest therein; nor in the water privileges on the line of the canal, nor shall they suffer any surplus water to be let out on any other than lands belonging to the State; and all sales of lots in which the said commissioners, or any of them, shall be in any way interested, shall be absolutely null and void; the purchase money shall be forfeited; and the lot or lots shall revert to the canal fund; and the said commissioners, or either of them, upon conviction thereof, in any court having competent jurisdiction, may at any time within ten years thereafter be further punished by fine in any sum not exceeding — thousand dollars.

SEC. 34. If any two or more persons shall combine themselves together for the purpose of lessening competition at the sale of any of the canal lots, or if they shall agree, or have an understanding among themselves that they will not bid against one another at any such sale, for the purpose of obtaining the said canal lots at a low price, the same shall be deemed a fraud, and any person or persons convicted thereof in any court having competent jurisdiction, shall be fined in a sum not less than one hundred nor more than one thousand dollars; one moiety thereof to the use of the persons informing, and the other moiety to the canal fund; and any patent issued for any lots purchased as aforesaid, shall be absolutely null and void — the money paid therefor shall be forfeited, and the lots so purchased shall revert to the canal fund; and it is hereby declared to be the duty of the States' Attorneys to prosecute for all such offences: Provided, That all such prosecutions shall be commenced within ten years after the commission of such offence.

SEC. 35. The owner of any building and improvements

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upon the said lots, who shall fail to purchase the lot or lots upon which the same is erected or made, shall have the privilege and right to remove all such buildings and improvements off the same in a reasonable time, and to be specified by the commissioners, and made public by them, six days before the days of sale.

Sec. 36. The board of commissioners, shall, quarterly, viz. on the first Mondays of March, June, Sep and Dec. in each year, make a minute and particular report to the Governor, which report shall set forth in a plain and intelligible manner, all of their acts and doings in relation to the said canal, and the canal lots; all the monies received and expended; the work done, and the price allowed for the various kinds of work;the contracts made; with whom made, and the security given; the number of engineers, draftsmen, clerks, and agents of every description employed by them, and the amount of compensation paid to each; the progress of the canal; their contemplated plans for the next three months, with an estimate of the probable amount of money that will be required to be expended for canal purposes, during the time; together with such other matters and things as they may see fit to add; which report, or the outlines thereof, the Governor shall cause to be published.

Sec. 37. They shall annually, on the first Monday of December, make a report to the Governor, setting forth all their acts and doings in relation to the canal, and canal lots, during the previous year, in like manner as is required of them in their quarterly reports: containing such statements and estimates for the year, as their quarterly reports do for the quarter.

Sec. 38. The act entitled, "an act for the construction of the Illinois and Michigan Canal, approved February 10th, 1835," be, and the same is hereby repealed.

Mr. Wyatt moved to commit said bill and proposed amendment to a select committee.

On the question being put,
Shall the bill and proposed amendment be referred to a select committee?

It was decided in the negative.

And then the House adjourned, until 2 o'clock P. M.

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2 o'clock, P. M.

House met pursuant to adjournment.

The question pending at the adjournment of the House in the forenoon, upon the motion of Mr. Turney, to strike out all after the enacting clause in the bill, and insert the one proposed by himself, again coming up for consideration.

Mr. Webb called for a division of the question,
The question being then taken upon striking out all after the enacting clause;
It was decided in the negative. — Yeas, 25 — Nays, 26.

Messrs. Stuart and Wyatt called for the Yeas and Nays,
Those voting in the affirmative, are
Messrs. Able, Blackford, Bowyer, Buckmaster, Carpenter of Hamilton, Craig, Cunningham, Uubois, Hampton, Harreld, Hughes, Murphy, Nunnally, Oliver, Pace, Porter, Smith, Thompson, Trower, Tunnell, Turney, Webb, Whiteside, Wood and Wren — 25.

Those voting in the negative, are
Messrs. Blockburger, Brown, Butler, Carpenter of Sangamon, Clark, Cloud, Dawson, Elliott, Fithian, Frazer, Gordon, Gregory, Hackelton, Harris, Henry, Hunt, Hunter, Lincoln, Manly, Moore, Owen, Ross, Stuart, Vandevanter, Wyatt, and Mr. Speaker. — 26.

On motion of Mr. Turney,
Said bill, was referred to a committee of the Whole House, and made the order of the day for to-morrow.

Mr. Clark, agreeably to previous notice, asked and obtained leave to introduce a bill, entitled:
"An act authorizing Samuel Witter to build a Toll Bridge."

Which was read the first time; and
Ordered to a second reading.

On motion of Mr. Gregory,
Resolved, by the House of Representatives; that the Governor be requested to communicate to this House, the amount of the three per cent fund, now due this state, and also the amount of interest, which will be due, and subject to distribution upon the school, college and seminary funds, on the first Monday of January, in the year one thousand eight hundred and thirty-six.

On motion of Mr. Wyatt:
Resolved, That sixty copies of the rules of this House, together

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with the standing committees, be printed for the use of this House.

RULES, FOR THE GOVERNMENT OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF ILLINOIS.

DUTIES OF THE SPEAKER.

1. He shall take the chair every day precisely at the hour to which the House shall have adjourned on the preceding day; shall immediately call the members to order; and on the appearance of a quorum, shall cause the journal of the preceding day to be read.

2. He shall preserve decorum and order; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House by and two members; on which appeal no member shall speak more than once, unless by leave of the House.

3. He shall rise to put a question, but may state it sitting.

4. Questions shall be distinctly put in this form, viz: "As many as are of opinion that, (as the case may be) say aye." — And after the affirmative voice is expressed, "as many as are of a contrary opinion, say no." If the Speaker doubt, or a division is called for, the Mouse shall divide; those in the affirmative of the question shall first rise from their seats, and afterwards those in tile negative. If the Speaker still doubt, or a count be required, the Speaker shall name two members, one from each side, to tell the members in the affirmative; which, being reported, he shall rise and state the decision of the House.

5. The Speaker shall examine and correct the journal before it is read; he shall have a general direction of the Hall, he shall have a right to name any member to perform the duties, of the chair; but such substitution shall not extend beyond an adjournment.

6. All committees shall be appointed by the Speaker, unless otherwise specially directed by the House; in which case they shall be appointed by the House.

7. All acts, addresses, and joint resolutions, shall be signed by the Speaker; and all writs, warrants, and subpoenas, issued by order of the House, shall be under his hand and seal, and attested by the clerk.

8. In case of any disturbance, or disorderly conduct in the

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House, by the spectators, the Speaker or chairman of the committee of the WholeHouse, shall have power to order the same to be cleared.

9. The Speaker shall vote in all cases, and if after he shall have voted, the House shall be equally divided, the question shall be decided in the negative.

OF DEBATE.

10. When any member is about to speak in debate, or deliver any matter to the House, he shall rise, and respectfully address himself to "Mr. Speaker," and confine himself to the question under debate, and avoid personality, and no motion shall be considered in order, unless made from the seat occupied by the member.

11. If any member, in speaking (or otherwise) transgress the rules of the House, the Speaker, or any member may, call to order; and the member called to order shall immediately sit down, unless permitted to explain; and the House, if appealed to, shall decide without debate. If the decision be in favor of the member called to order, he shall be permitted to proceed; if against him, and the case require it, he shall be liable to the censure of the House.

12. When two or more members rise at once, the Speaker shall name the member who is to speak first.

13. No member shall speak more than twice to the same question, nor more than once, unless every, member choosing to speak, has spoken.

14. Whilst the Speaker is putting the question or addressing the House, none shall walk out of or across the room; nor in such case, or when a member is speaking, shall entertain private discourse; nor when a member is speaking, shall pass between him and the Chair.

15. No member shall vote on any question, In the event of which he is immediately and particularly interested; or in any other case, when he was not present when the question was put.

16. Every member who shall be in the House when a question is put, shall vote on one side Or the other, unless the House, for special reasons, shall excuse him.

17. When a motion is made and seconded, it shall be stated by the Speaker, or, if it be in writing, it shall be handed to the Chair, and read aloud by the clerk before debate.

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18. After a motion is stated by the Speaker, or read by the clerk it shall be considered in the possession of the House, but may be withdrawn at any time before decision or amendment.

19. Every motion shall be reduced to writing, if the Speaker, or any member desire it.

20. When a question is under debate, no motion shall be received, unless to amend it, commit it, or for the previous question, or to lay it upon the table to a distant day, or to adjourn.

21. A motion to adjourn shall always be in order, and shall be decided without debate.

22. The previous question being moved and seconded, the question from the Chair shall be, "Shall the main question be now put?" and if the "noes" prevail, the main question shall not then be put.

23. On the main question, no member shall speak more than once, without leave.

24. Any member may call for a division of the question, when the sense shall admit of it.

25. A motion for commitment, until it shall be decided, shall preclude all amendments of the main question.

26. Motions and reports may be committed, at the pleasure of the House.

27. If a question be lost by adjournment of the House, and revived on the succeeding day, no member who has spoken twice on the preceding day, shall be permitted to speak again without leave.

28. Petitions, memorials, and other papers addressed to the House, may be presented by any member, who shall state to the House the contents thereof, which may be received, read, and referred, on the same day, to the proper committee, if the House agree thereto.

29. Upon a call of the House for the yeas and nays, on any question, the names of the members shall be called in alphabetical order.

30. No member shall name another: member present in debate.

31. No bill shall be introduced, Unless two days' previous notice shall have been given, that motion for leave to introduce the same will be made, by order of the House, or report of a committee; and every such motion may be committed.

32. Every bill, previous to its passage, shall undergo three readings, one on each day, for three days, and free discussion

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allowed thereon; unless, in case of urgency, the House, by the concurrence of three fourths, shall deem it expedient to dispense with this rule.

33. The general question, on the first reading shall be, "Shall the bill be read a second time?"

34. On the second reading of a bill, the Speaker shall state it ready for commitment or engrossment; and if committed, the question shall be, "whether to a select committee, or a committee of the Whole House;" and the House shall determine on what day; but if the bill be ordered to be engrossed, the House shall appoint a day when the bill shall be read a third time: and a bill may be recommitted any time before the passage.

35. When a bill passes, it shall be certified by the Clerk, who, at the foot thereof, shall note the day it passes.

36. The bills not finally acted upon, shall be taken up and read, beginning with the one in most forwardness, pursuing the same order until they shall be all gone through.

37. Petitions and reports from committees, shall be given in before the business mentioned in the preceding rule shall have been entered upon, or after the same shall have been disposed of.

OF COMMITTEES OF THE HOUSE.

38. In forming the Committee of the Whole House, the Speaker shall leave his Chair, and a Chairman to preside in the committee, shall be appointed by the Speaker.

39. Upon a bill being committed to a committee of the Whole House, the same shall first be read through by the Clerk, and then read and debated by clauses, leaving the preamble to be last considered: after report, the bill shall again be subject to debate and amendment by clauses before the question of engrossing it be taken.

40. All questions, whether in Committee or in the House, shall be disposed of in the order in which they were moved, except that in filling up blanks, the largest sum, and most remote day, shall be first put.

41. The rules of proceeding in the House, shall be observed in committee, so far as they may be applicable, except that of limiting the time of speaking.

42. A majority of any committee shall be a sufficient number to proceed to business.

43. Ten o'clock in the morning shall be the standing order of adjournment.

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44. The clerk may read all bills and journals belonging to the House, sitting, but he shall rise to read all official communications to this House.

45. The following standing committees shall be appointed, viz. on the Judiciary, on Finance, on Elections, on Petitions, on Propositions and Grievances, on the Militia, on Internal Improvements, on Education, on Salines, on Public Accounts, and Expenditures, and on the Penitentiary, to consist of not less than five, nor more than seven members.

46. It shall be in order for the committee on Enrolled Bills, to report at any time.

JOINT RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES.

1. While bills are on their passage between the two Houses, they shall be under the signature of the Secretary or Clerk of either House (as the case may be) respectively.

2. After a bill has passed both Houses, it shall be enrolled before it is presented to the Council of Revision.

3. When bills are enrolled, they shall be examined by a joint committee of one from the Senate and two from the House of Representatives appointed as a standing committee for that purpose; who shall carefully compare the enrolled bills with the engrossed bills so passed by the two houses, correct any errors which may be discovered in the enrolled bills, and make their report forthwith to their respective houses;the Secretary or Clerk having previously certified on the margin of the roll, in which house it originated.

4. After examination and report, each bill shall be signed in the respective houses, first by the speaker of the house of Representative, and then by the speaker of the senate.

5. After a bill shall have been signed by the speakers of both house, it shall be presented by said committee to the Council of Revision for their approbation. The said committee

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shall report the day of presentation to the Council of Revision, which time shall be carefully entered on the journal of each house.

6. All resolutions and memorials which are to be presented to the Governor, shall be previously enrolled, examined, signed and presented by the same committee, reported and an entry thereof made, as provided in case of bills.

7. When a bill or resolution which shall have passed one house, is rejected in the other, information thereof shall be given to the house in which the same shall have passed.

8. When the consideration of any bill, memorial, or resolution which has originated in one house, shall be postponed in the other house to a day so distant that it will not be taken up at the present session, the house in which such bill, memorial, or resolution shall have originated, shall be forthwith informed of such postponement.

9. When a bill, memorial, or resolution which has passed one house is rejected in the other, it shall not be again introduced during the same session without a notice of three days, and leave of the House in which it shall be renewed.

10. Each house shall transmit to the other all papers on which any bill or resolution shall be founded.

11. All joint elections shall be in the Hall of the House of Representatives, and the members shall vote viva voce except where the constitution has provided otherwise; and when the election is by joint ballot, the speaker shall appoint one member of each House as tellers, and in all cases a majority of the votes given shall be requisite to constitute an election.

12. Each House shall have the liberty of ordering the printing of bills, messages, and reports without the consent of the other.

Mr. Webb, in pursuance of previous notice, asked and obtained leave to introduce a bill, entitled,
"An act to amend an act, entitled, an act regulating the times of holding the Supreme and Circuit Courts, and fixing the salary of the Circuit Judges, approved February 13th, 1835."

Was read the first time; and
Ordered to a second reading, and
On motion of Mr. Webb, the rule of the House was dispensed with, and said bill was read a second time by its title,
Ordered to be engrossed for a third reading.

On motion of Mr. Gregory,

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The resolution from the senate, relative to the survey of the public lands in the northern part of this state, &c., were taken up for consideration, were read and concurred in.

Ordered, That the clerk inform the Senate thereof, Mr, Nunnally, from the select committee to which was referred the petitions of sundry citizens of Edgar county, relative to a certain State Road therein named, reported a bill, entitled,
"An act declaring the road lying in Edgar County; between A. Fosters and H. G. Smith's, a State Road."

Which was read the first time, and
Ordered to a second reading.

Mr. Hughes, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act to amend an act concerning Estrays, approved 9th February, 1835."

Which was read the first time, and
Ordered to a second reading,
Mr. Ross, in pursuance of previous notice, asked and obtained leave to introduce a bill, entitled,
"An Act concerning the counties of Pike and Adams."

Which was road the first time; and
Ordered to a second reading.

On the motion of Mr. Vandevanter,
The rule of the House was dispensed with, and the bill
Read the second time by its title; and
And on the further motion of Mr. Vandevanter,
Referred to a select committee.

Ordered, that Messrs. Vandevanter, Ross and Owen be that committee.

Mr. Fithian, in pursuance of previous notice asked, and obtained leave to introduce a bill, entitled,
"An act to incorporate the Danville Academy",
Which was read the first time,
And ordered to a second reading.

On motion of Mr. Ross,
Resolved, by the House of Representatives, that the Committee on the Judiciary be instructed to inquire into the expediency of providing by law for depositing the school fund, and revenue of the State, in the Branch Bank of Vandalia, and that they report by bill or otherwise.

Mr. Murphy gave notice, that on Wednesday next, or some day thereafter, he will ask leave to introduce a bill for

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"An act to locate a State Road from Golconda, in Pope county, to Pinckneyville, in Perry county."

Mr. Smith gave notice, that he will on Wednesday next, or some day thereafter, ask leave to introduce a bill, for
"An act to authorise and require the Commissioner of the fund for the improvement of the Great Wabash River, to procnre by purchase or donation, in the name, and for the use of the people of this State, such plats of land, as shall be suitable and necessary for the location of dams, locks, and other works, contemplated to be erected on said river."

Mr. Blockburger, in pursuance of previous notice, asked and obtained leave to introduce a bill, entitled,
"An act to re-locate a part of the Road, leading from Hillsboro' to the Honey-Point."

Which was read the first time; and
Ordered to a second reading, and
On motion of Mr. Blockburger, The rule of the House was dispensed with, and said bill was now read the second time by its title, and
On motion of Mr. Harris,
Said bill was referred to a select committee.

Ordered That Messrs. Harris, Blockburger, and Wren be that committee.

Mr. Wyatt gave notice that on Tuesday next, or some day thereafter, he will ask leave to introduce a bill for
"An act to incorporate the Jacksonville Insurance Fire Company."

On motion of Mr. Nunnally,
Resolved, That the Governor be requested to furnish this Legislature with all the information he may possess, relative to the Michigan Canal expenditures for the last year, including the salaries of the respective Commissioners."

Mr. Clark gave notice, that on Thursday next, or some day thereafter, he should ask leave to introduce a bill, for
"An act concerning a State Road therein named."

The Resolutions from the Senate, relative to expunging from the Journals of Congress, the vote of the Senate of the United States, censuring the President of the United States, for his acts in relation to public deposits, were read;
On the question,
Will the House concur with the Senate, in the adoption
of said resolutions,
It was decided in the affirmative, Yeas, 36. Nays, 16.

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Those voting in the affirmative, are
Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Craig, Cunningham, Frazer, Hackelton, Hampton, Harris, Hughes, Hunt, Hunter, Manly, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Trower, Turney, Tunnell, Vandevanter, Whiteside, Wood, Wyatt, and Mr. Speaker. — 36.

Those voting in the negative, are
Messrs. Brown, Dawson, Dubois, Elliott, Fithian, Gordon, Gregory, Harreld, Henry, Lincoln, Moore, Ross, Stuart, Smith, Thompson, and Webb. — 16.

Ordered, That the Clerk inform the Senate thereof,
Mr. Buckmaster proposed for adoption the following resolution:
Resolved by the House of Representatives, That the committee on Finance be instructed to inquire into the justice of paying Rene Paul and others, for services rendered the State upon the first survey of the Illinois and Michigan Canal, for which no compensation has ever been made, and that they report, &c.

Which was,
On motion of Mr. Webb,
Referred to a committee of the Whole House, and made the order of the day for to-morrow.

Mr. Murphy, gave notice, that on Thursday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act to change the times of holding the Circuit Court, in the third Judicial Circuit, approved February 13th, 1835."

And then the House adjourned.

Tuesday, December 15, 1835.

House met pursuant to adjournment.

Mr. Carpenter of Sangamon, presented the petition of William Tilford, and sundry others, praying an act to divorce the said Tilford from the bunds of matrimony;

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Which was read; and,
On his motion,
Referred to the committee on Petitions.

Mr. Lincoln, from the Select Committee, to which was referred the petition of sundry citizens of Sangamon county, praying the re-location of a certain road therein named, reported a bill, entitled,
"An act to re-locate a part of the state road, leading from Springfield to Lewiston,"
Which was read the first time, and
Ordered to a second reading.

Mr. Vandevanter, from the select committee, to which was referred the bill, entitled,
"An act, concerning the counties of Pike and Adams,"
Reported the same without amendment and recommended the passage of the bill.

The bill was then ordered to be engrossed and read the third time.

Mr. Buckmaster, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill for
"An act supplementary to an act to incorporate the Springfield and Alton turnpike road Company;"
Which was read the first time; and
Ordered to a second reading.

On motion of Mr. Buckmaster,
The rule of the House was dispensed with, and said bill
Was now read the second time by its title.

Ordered, That the title of the bill be engrossed and read the third time.

Message from the Senate by Mr. White their secretary.

"MR. SPEAKER, — The Senate have adopted the following resolutions, in which they ask the concurrence of the House of Representatives.

Resolved by the Senate, (the House of Representatives concurring herein,) That our Senators in Congress be instructed, and our Representatives requested, to use their best exertions to procure competent Engineers of the United States Corps, to make a survey of the Kaskaskia river, and to ascertain the probable amount of money that would be required to remove the obstructions to the navigation of said river.

Resolved, That the Governor be requested to forward a copy of the foregoing resolutions to each of our Senators and Representatives in Congress."

And then he withdrew,

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Mr. Smith, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill for
"An act to incorporate the President and Trustees of the Mount Carmel Academy;"
Which was read the first time; and
Ordered to a second reading.

Mr. Vandevanter, in pursuance of notice heretofore given asked and obtained leave to introduce a bill for
"An act concerning the county of Schuyler."

Which was read the first time; and
Ordered to a second reading.

Mr. Moore, in pursuance of notice previously given, asked and obtained leave to introduce a bill for
"An act to locate state roads therein named;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Hughes,
Resolved, That the Auditor and Treasurer of the State be requested to make a report to this General Assembly, of the receipts and expenditures of the public money, in order that it may be published with the laws of the present session, agreeably to the 21st section of the 2d article of the constitution of this State.

Mr. Bowyer gave notice, that on Thursday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act, for the relief of Simon M. Hubbard."

The resolutions from the Senate in relation to the removal of the obstacles to the navigation of the Kaskaskia river, Were read; when,
On motion of Mr. Manly,
They were referred to a select committee.

Ordered, That Messrs. Manly, Outhouse and Blackwell be that committee.

Mr. Oliver, in pursuance of previous notice, asked and obtained leave to introduce a bill, entitled,
"An act to locate a State Road from Frankfort in Franklin county, via Vienna, in Johnson county, to Wilcox's Ferry on the Ohio river."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Oliver,
The rule of the House was dispensed with, and the bill
Was now read the second time by its title, and

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Ordered to be engrossed for a third reading.

Mr. Wyatt, in pursuance of previous notice, asked, and obtained leave to introduce a bill, entitled,
"An act to incorporate the Morgan County Mutual Fire Insurance Company;"
Which was read the first time; and,
Ordered to a second reading.

On motion of Mr. Gordon,
The rule of the House was dispensed with, and the bill read the second time by its title; and,
On the further motion of Mr. Gordon,
Referred to a select committee.

Ordered, That Messrs. Gordon, Dunn and Hunt, be that committee.

Mr. Pace gave notice, that on Thursday next, or some day thereafter, he should ask leave to introduce a bill, for
"An act to amend an act, concerning Justices of the Peace and Constables, approved February 3d, 1837."

Mr. Buckmaster gave notice that he should, on Thursday next, ask leave to introduce a bill
"To district the county of Madison;"
Also, A bill for
"An act, providing for the safety of stock against unprotected castor beans."

The Engrossed bill, entitled
"An act to incorporate the Beardstown and Sangamon Canal Company;"
Was read the third time; when,
On motion of Mr. Lincoln, Said bill was referred to a select committee.

Ordered that Messrs. Lincoln, Hunter and Craig be that committee.

The Engrossed bill, entitled
"An act to re-locate a part of the State road leading from Crow's in Morgan county, to Musick's Bridge in Sangamon county;"
Was read the 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.

The bill from the Senate, entitled
"An act for the benefit of the infant heirs of James Evans, Sen'r deceased;"

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Was read the third time and passed.

Ordered, That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof.

And then the House adjourned, until 2 o'clock P. M.

2 o'clock, P. M.

House met pursuant to adjournment.

The engrossed bill, entitled
"An act to locate a state road through Calhoun and Pike counties, to Rushville in Schuyler county;"
Was read the third time; when,
On motion of Mr. Vandevanter,
The blank in the 1st section of the bill was filled with the word "La Grange."

The bill was then passed.

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

The engrossed bill, entitled
"An act to amend an act entitled an act regulating the times of holding the Supreme and Circuit Courts, and fixing the salary of the circuit judges, approved Feb. 13, l835;"
Was read the third time and passed.

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

The bill, entitled
"An act to re-locate and establish a state road from Paris in Edgar county, to Grandview;"
Was read the second time; and
Ordered to be engrossed and read a third time.

The bill from the Senate, entitled
"An act to provide for the sale of the land that has been selected for the use of schools in lieu of the 16th section in fractional township 13 south, range 3 west, in Union county;"
Was read the second time; and Ordered to a third reading.

The bill, entitled

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"An act supplemental to an act entitled ah act for the relief of insolvent debtors, approved January 12, 1829;"
Was read the second time; and,
On motion of Mr. Manly,
Referred to the committee on the Judiciary.

The bill for "An act authorizing Samuel Witter to build a toll-bridge;"
Was read the second time; and
On motion of Mr. Clark,
Referred to a select committee.

Ordered, That Messrs. Clark, Frazer and Pace, be that committee.

The bill, entitled
"An act, concerning Estrays, approved 9th of Feb 1835;"
Was read the second time; and,
On motion of Mr. Hampton,
Referred to a select committee.

Ordered, That Messrs. Hampton, Hughes and Cunningham, be that committee.

The bill, entitled
"An act, declaring the road lying in Edgar county, between A. Forster's and H. G. Smith's a state road;"
Was read the second time; and
Ordered to be engrossed for a third reading.

On motion of Mr. Turney, The rule of the House was dispensed with, and the bill entitled,
"An act to incorporate the Danville Academy,"
Was now read the second time by its title; and
Ordered to be engrossed for a third reading.

The bill entitled
"An act to authorize William Seely to build a toll bridge across the Big Vermillion,"
Was read the second time; and
Ordered to be engrossed for a third reading.

The bill, entitled
"An act to incorporate the Chatham Manual Labor School;"
Was read the second time; and
On motion of Mr. Dawson,
Referred to a select committee.

Ordered, That Messrs. Dawson, Stuart and Moore, be that committee.

On motion of Mr. Dawson,

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The committee of the Whole House was discharged from the further consideration of the bill, entitled
"An act for the construction of the Illinois and Michigan Canal."

On the question,
Shall said bill be engrossed and read a third time?

It was decided in the negative. — Yeas 25. — Nays 29.

The yeas and nays being called for upon this question;
Those voting in the affirmative, are Messrs. Brown, Butler, Carpenter of Sangamon, Clark, Cloud, Dawson, Dunn, Elliott, Fithian, Gordon, Gregory, Hackelton, Hamlin, Harris, Henry, Hunt, Hunter, Lincoln, Moore, Owen, Ross, Stuart, Vandevanter, Wyatt and Mr. Speaker. — 25.

Those voting in the negative, are
Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Carpenter of Hamilton, Craig, Cunningham, Dubois, Frazer, Hampton, Harreld, Hughes, Manly, Murphy, Nunnally, Oliver, Outhouse, Pace, Porter, Smith, Thompson, Trower, Tunnel, Turney, Webb, Whiteside, Wood and Wren. — 29.

So the House refused to order said bill to be engrossed and read a third time.

On motion of Mr. Cloud,
The communication from the Secretary of State, transmiting the census, and the statement of the census enclosed, some days since laid upon the table,
Were taken up and referred to the same select committee appointed upon the subject of the census.

The engrossed bill, entitled
"An act to incorporate the Wabash and Mississippi Rail Road Company,"
Was read the third time; when,
On motion of Mr. Vandevanter,
Said bill was amended by adding in the third section, after the word "Meredosia," the wards "thence to Mount Sterling in Schuyler county;" and passed.

Ordered, That the title of the bill be as aforesaid, that the Clerk carry said bill to the Senate, and ask their concurrence therein.

Mr. Moore moved that the House now resolve itself into a committee of the Whole House, to take into consideration the resolution in relation to Rene Paul and others;
Which was not agreed to.

On motion of Mr. Smith,

70

Resolved, That a select committee of five be appointed to enquire, if any, and what amendments are necessary to be made to an act entitled
"An act for the construction of the Illinois and Michigan Canal," passed the 10th day of February 1835, to insure the Speedy commencement and efficient prosecution of the Canal contemplated to he constructed by the said act, and that they report by bill or otherwise.

Ordered, That Messrs. Smith, Turney, Buckmaster, Stuart and Wyatt, be that committee.

On motion of Mr. Moore,
The following preamble and resolutions were adopted, viz:
WHEREAS, By the authority of the several acts of Congress, a number of location of land warrants were made in the present State of Illinois, previous to the General survey of the lands of the General Government, and the lines of said surveys do not correspond with the lines of the public surveys;
AND WHEREAS, The said public surveys were connected with said locations, commonly called private surveys, by calculations, assuming as a data, the area represented in said surveys, which is found by admeasurement, to be incorrect, by which the fractions adjoining said surveys, do not contain the area represented on the plats in the Land Office, which fact has in some instances prevented the sale of said fractions; and in other instances, citizens purchasing said fractions have been disappointed in the quantity of land sold to them. — Therefore,
Resolved by the General Assembly of the State of Illinois, That our Senators be instructed, and our Representatives requested, to use their exertions to procure the passage of a law remedying the above named grievance.

Resolved, That the Governor be requested to transmit to each of our Senators and Representatives a copy of the foregoing.

Ordered, That the Clerk carry said preamble and resolutions to the Senate and ask their concurrence therein.

Mr. Stuart gave notice that on Friday next, or some day thereafter, he should ask leave to introduce a bill for
"An act to incorporate the Springfield Hotel Company."

And then the House adjourned.

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Wednesday, December 16, 1835.

House met pursuant to adjournment.

On motion of Mr. Dubois.

The vote taken on yesterday, on ordering the Bill entitled,
"An act for the construction of the Illinois and Michigan Canal," to be engrossed and read the third time, was re-considered.

The question was then put,
Shall the bill be engrossed and read the third time?

And decided in the affirmative. — Yeas 28. — Nays 25,
The Yeas having been called for by two members,
Those voting in the affirmative, are,
Messrs. Brown, Butler, Carpenter of Sangmon, Clark, Cloud, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon Hackelton, Hamlin, Hampton, Harris, Henry, Hunt, Hunter, Lincoln, Moore, Outhouse, Owen, Ross, Stuart, Vandevanter, Wyatt, and Mr. Speaker. — 28.

Those voting in the negative, are,
Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Carpenter of Hamilton, Craig, Cunningham, Harreld, Hughes, Manly, Murphy, Nunnally, Oliver, Pace, Porter, Smith, Thompson, Trower, Tunnel, Turney, Webb, Whiteside, Wood, and Wren. — 25.

Mr. Buckmaster, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill for
"An Act concerning Fees;" which
Was read the first time, and
Ordered to a second reading.

Mr. Buckmaster, also asked and obtained leave to introduce bill for
"An act to incorporate the Illinois Emigrant's Company."

Which was read the first time, and
On the question,
Shall the bill be read a second time?

It was decided in the negative.

Mr. Stuart from the committee on Petitions, to which was referred the petition of William Stadden, reported a bill for
"An act to amend an act, entitled,
"An act to authorise William Stadden to erect a Mill Dam across Fox River, approved February 12th, 1833.

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Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Stuart,
The vote just taken on ordering the bill entitled,
"An act to incorporate the Illinois Emigrant's Company."

To a second reading, was re-considered.

The bill was then ordered to a second reading.

Mr. Tunnel, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill, for
"An act to amend an act entitled, an act to amend an act, entitled, an act to provide for the application of the interest of the School Lands belonging to the several townships, in this State, approved February 7th, 1835.

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Moore,
The rule of the House was dispensed with, and
The bill read the second time by its title; and
On the further motion of Mr. Moore,
Referred to the committee on Education.

Mr. Harris, from the select committee, to which was referred the bill, entitled,
"An act to re-locate a part of the Road leading from Hillsboro' to the Honey-Point;"
Reported the same with an amendment, which was read and concurred in,
The bill was then ordered to be engrossed, and read the third time.

Mr. Ross, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill for
"An act concerning Marks and Brands."

Which was read the first time, and
Ordered to a second reading.

The bill from the Senate entitled;
"An act to provide for the sale of the land, that has been selected for the use of schools, in lieu of the l6th section, in Fractional Township 13 south, Range 3 West, in Union county."

Was read the third time and passed.

Ordered, that the title of the bill be as aforesaid, and That the clerk inform the Senate thereof.

The bill entitled,
"An act to re-locate a part of the State Road leading from Springfield to Lewiston."

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Was read the second time, and Ordered to be engrossed and read a third time.

On motion of Mr. Smith, the rule of the House was dispensed, and the bill entitled,
"An act to incorporate the President and Trustees of the Mount Carmel Academy;"
Was read the second time by its title, and
Ordered to be engrossed and read the third time.

The bill entitled,
"An act concerning Schuyler County;"
Was read the second time, and
On motion of Mr. Vandevanter,
Referred to a select committee.

Ordered, That Messrs. Vandevanter, Thompson and Oliver, be that Committee.

The Bill entitled,
"An act to locate State Roads therein named,"
Was read a second time; and
Ordered to be engrossed for a third reading.

The House now resolved itself into a committee of the Whole House, to take into consideration the bill entitled,
"An act supplemental to an act, to incorporate the Subscribers to the Bank of the State of Illinois.

And after some time spent therein,
Mr. SPEAKER resumed the chair, and
Mr. Dunn reported that the committee of the Whole House had, according to order, had said bill under consideration, had made some progress therein, and directed him to ask leave to sit again.

On the question, shall leave be given?

It was decided in the affirmative.

Mr. Lincoln, from the select committee, to which was referred the bill, entitled;
"An act to incorporate the Beardstown and Sangamon Canal Company."

Reported the same back to the House without amendment.

On the question,
Shall said bill now pass?

It was decided in the affirmative.

Ordered that the title of the bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

And then the House adjourned until 2 o'clock, P. M.

74

2 o'clock P. M.

House met pursuant to adjournment.

The House again resolved itself into a committee of the Whole House, upon the bill entitled,
"An act supplemental to an act to incorporate the Subscribers to the Bank of the State of Illinois, and after some time spent therein,
Mr. SPEAKER resumed the Chair; and Mr. Dunn reported that the committee of the whole House, had, according to order, had said bill under consideration, have amended the same by striking out the third section, in which amendment they ask the concurrence of the House.

On the question being put, will the House concur with the committee of the Whole House, in the amendment of their bill?

It was decided in the negative. — Yeas 20. Nays 28.

The Yeas and Nays being called for on this question;
Those voting in the affirmative, are,
Messrs. Blockburger, Bowyer, Buckmaster, Butler, Cloud, Craig, Dunn, Gordon, Harris, Henry, Hunter, Lincoln, Manly, Oliver, Porter, Stuart, Thompson, Trower, Tunnel, and Turney — 20.

Those voting in the negative, are,
Messrs. Able, Blackford, Brown, Carpenter of Hamilton, Clark, Dawson, Dubois, Elliott, Frazer, Gregory, Hackelton, Hamlin, Hampton, Harreld, Hughes, Hunt, Moore, Murphy, Nunnally, Outhouse, Owen, Pace, Smith, Vandevanter, Webb, Whiteside, Wood and Wyatt. — 28.

Messrs. Fithian, Ross, and Mr. Speaker were excused from voting on this question; and
On motion of Mr. Stuart,
Said bill was laid on the table.

Mr. Manly from the select committee, to which was referred the resolutions from the Senate, relative to the improvement of the Kaskaskia River, &c. reported the same back to the House without amendment,
Said resolutions were then read and concurred in.

Ordered that the clerk inform the Senate thereof.

On motion of Mr. Manly,
Resolved by the House of Representatives, (the Senate concurring herein,) that our Senators in Congress be instructed, and our Representatives be requested to use all proper exertion

75

to procure competent engineers of the United States corps, to make a survey of the Great Wabash river, and to ascertain the probable amount that will be necessary to remove the obstructions to the navigation of said river.

Resolved, That in our opinion, an appropriation by Congress for removing said obstructions, would be in accordance with the constitution.

Resolved, That our said Senators and Representatives, use exertions to obtain from Congress, an appropriation for the object herein stated, and that the Governor be requested to forward a copy hereof to each of our Senators and Representatives.

Ordered, that the clerk inform the Senate thereof, and ask their concurrence therein.

Mr. Henry, in pursuance of previous notice, asked and obtained leave to introduce a bill, entitled,
An act concerning the Public Square in the Town of Jacksonville."

Which was read the first time, and
Ordered to a second reading.

Mr. Butler gave notice, that on Friday next, or some day thereafter, he will ask leave to introduce a bill for
"An act concerning a State Road therein named."

Mr. Clark, from the select committee, to which was referred the bill entitled,
"An act authorising Samuel Witter to build a Toll Bridge." reported the same back to the House with sundry amendments, which were read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Manly gave notice, that on Saturday next, or someday thereafter, he will ask leave to introduce a bill for
"An act to change a part of the Vincennes and Chicago State Road."

Mr. Smith, from the select committee, to which was referred the petition of sundry citizens ot Wabash county, concerning the State Road from Mount Carmel, to Maysville, Reported a bill entitled;
"An act to locate a State Road between Mount Carmel in Wabash County, and Maysville, in Clay County."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Dubois,

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The rule of the House was dispensed with, and said bill was now read the second time by its title; and
On the further motion of Mr. Dubois,
Referred to a select Committee.

Ordered that Messrs. Dubois, Smith, and Frazer be that committtee.

Mr. Owen gave notice, that on Friday next, or some day thereafter, he will ask leave to introduce a bill for
"An act to establish a State Road from Quincy, in Adams County, to Macomb, in McDonough county."

Mr. Hackelton gave notice that on Friday next, or some day thereafter, he will ask leave to introduce a bill for
"An act to authorise the person therein named, to build a Toll Bridge across Green River."

And then the House adjourned.

Thursday, December 17, 1835.

House met pursuant to adjournment.

Mr. Fithian presented the petition and remonstrance of sundry citizens of Vermillion county, for and against an alteration of the Vincennes and Chicago Road,
And on his motion, the reading thereof was dispensed with, and the same referred to the committee on Petitions.

Mr. Dubois presented the petition of sundry citizens of township 3 north, range 11 west, in Lawrence county, praying the passage of a special act, authorizing the School Commissioner to appropriate funds in his hands, towards the erection of a School House in said Township, and on his motion, the reading thereof was dispensed with, and referred to the committee on Education.

Mr. Brown presented the petition of Nathan Dillon and others, praying power to make certain deeds therein named, and on his motion, the reading thereof was dispensed with, and the same was referred to the committee on Petitions.

Mr. Smith presented the remonstrance of sundry citizens of Wabash county, remonstrating against the passage of any

77

act to vacate the State Road from Graysville to Mount Carmel; and on his motion, he reading thereof was dispensed with and the same was refered to the committee on petitions.

Mr. Manly from the commitee on the judiciary, to which was refered the bill, entitled,
"An act supplemental to an act, entitled,
"An act, for the relief of Insolvent Debtors; approved January 12th, 1829."

Reported the same back to the House without amendment;
Ordered that said bill be engrossed, and
And read a third time;
Mr. Wyatt from the committee on the Militia,
Reported a bill, entitled
"An act for the organization and government of the Militia of this State, in force February 2d, 1833."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Thompson, the rule of the House was dispensed with, and said bill was now read a second time by its title; and
On motion of Mr. Hampton,
Referred to a select committee.

Ordered that Messrs. Hampton, Blockburger and Harris, be that committee.

A message from the Governor, by A. P. Field, Secretary of State.

Mr. SPEAKER, — I am directed by the Governor to lay before the House a communication in writing,

And then he withdrew.

Another message from the Governor, by A. P. Field, Secretary of State;

Mr. SPEAKER, — I am directed by the Governor to lay before the House a communication in writing;

And then he withdrew.

Mr. Owen, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill for
"An act to incorporate the Warsaw, Peoria, and Wabash Rail Road Company,"
Which was read the first time, and
Ordered to a second reading.

A communication received from the Governor this day was read, and is as follows:

78

EXECUTIVE DEPARTMENT,
Vandalia, December 16th, 1835.

To the Speaker of the House of Representatives.

SIR:
In compliance with a resolution of the House of Representatives of the 14th instant, calling on this department for information as to the expenditures on the Illinois and Michigan Canal, including the salaries of the several commissioners for the year l835; I have the honor to inform the House, that under the act authorizing the construction of the Canal, the executive believed the acting canal commissioners would have been entitled to pay from the date of his commission, or notice of his appointment, and as the loan was not obtained, it was thought most expedient not to issue commissions, consequently no salary has been paid to any of them. Governor Coles will, doubtless, make a claim for his expenses and time, while negotiating for the loan, but as he was in Philadelphia when he was selected, the amount must be very inconsiderable, no ther expenses have been incurred.

I have the honor to be, Sir, Your obedient Servant,
JOSEPH DUNCAN.

And then the House adjourned until 2 o'clock, P. M.

2 o'clock, P. M.

House met pursuant to adjournment.

Mr. Blockburger, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill for
"An act to distribute the revised laws of 1833."

Which was read the first time, and
Ordered to a second reading.

Mr. Dubois, from the select committee, to which was referred the bill for
"An act to locate a State Road, between Mount Carmel, in Wabash County, and Maysville, in Clay County.

Reported the same without amendment.

The bill was then ordered to be engrossed for a third reading.

Mr. Dawson, from the select committee, to which was referred the bill entitled;

79

"An act to in corporate the Chatham Manual Labor School." reported the same with sundry amendments, which were read and concurred in.

Mr. Gordon moved to amend said bill, by striking out the enacting clause, and inserting the words "Be it enacted by the People of the State of Illinois, represented in the General Asssembly;" which was agreed to.

The bill was then ordered to be engrossed for a third reading.

Mr. Blockburger proposed for adoption, the following resolutions:
Resolved, that the Senate be respectfully requested to return to this House, a resolution in relation to the improvement of the "navigation of the Wabash river, the same having passed the House, as we believe, inadvertantly, and against the opinion of a majority of the House.

On motion of Mr. Manly,
The resolution was laid on the table.

Mr, Vandevanter, from the select committee, to which was referred the bill entitled,
"An act concerning Schuyler County."

Reported the same without amendment:
Ordered that the bill be engrossed for a third reading.

Mr. Carpenter of Sangamon, from the select committee, to which was referred the resolution in relation to a rail road from Springfield to the southern termination of the Erie and Wabash Canal, reported a bill for
"An act to incorporate a company therein named."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Cloud,
The rule of the House was dispensed with, and the bill
Read the second time by its title; and
And on the further motion of Mr. Cloud,
Referred to a select committee.

Ordered, that Messrs. Cloud, Carpenter of Sangamon, and Harreld, be that committee.

On motion of Mr. Cloud,
The communication of the Governor, which was read this day, was laid upon the table.

The other communication received from the Governor this day was read and is as follows:

80

EXECUTIVE DEPARTMENT,
Vandalia, December 14, 1835.

To the Hon. the SPEAKER of the House of Representatives —
SIR, I beg leave to inform the House, that vacancies have occurred in the office of Judge of Probate, in the following counties, viz:

Johnson,
Clinton,
Macon,
Cook,
Effingham,
Madison,
Jasper,
Coles,

I have the honor to be sir,
Your obedient servant,
JOSEPH DUNCAN.

And on motion of Mr. Moore,
Laid upon the table.

On motion of Mr. Stuart, the House again resolved itself into a committee of the Whole House, upon the resolution in relation to the apportionment of the Representation of this State, &c.

And after some time spent therein,
Mr. Speaker resumed the chair, and Mr. Ross reported,
that the Committee of the Whole House, had, according to order, had said resolution under consideration, had amended the same, by striking out 4000 and 8000, and inserting 3000 and 7000, in which they ask the concurrence of the House?

A division was called for by Mr. Ross, The question was put, upon the striking out 4000, and inserting 3000.

And decided in the affirmative, Yeas, 33. Nays, 19.

The Yeas and Nays being called for on this question, Those voting in the affirmative, are Messrs. Able, Blackford, Blockburger, Bowyer, Carpenter of Hamilton, Clark, Craig, Cunningham, Dubois, Dunn, Frazer, Hackelton, Hampton, Harreld, Harris, Hunt, Hunter, Manly, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Ross, Smith, Thompson, Trower, Turney, Vandevaner, Webb and Wren. — 33.

Those voting in the negative, are Messrs. Brown, Buckmaster, Butler, Carpenter of Sangamon, Cloud, Dawson, Elliott, Fithian, Gordon, Gregory, Henry, Hughes, Lincoln, Moore, Stuart, Tunnell, Whiteside, Wyatt, and Mr. Speaker — 19.

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On motion of Mr. Buckmaster,
Resolved, That the Governor of this State be requested to furnish this House, with a copy of a deed, to a certain piece of ground, situated in the town of Alton, heretofore donated by Mr. William Russell, of Missouri, to this State, for Penitentiary purposes.

Mr. Gregory, in pursuance of previous notice given, asked and obtained leave to introduce a bill, entitled;
"An act to incorporate the Alton, Jacksonville and Galena Turnpike Road Company,"
Which was read the first time, and
Ordered to a second reading:
On motion of Mr. Manly,
The rule of the House was dispensed with, and said bill was now read a second time by its title: and
On motion of Mr. Gordon,
Referred to a select committee,
Ordered that Messrs. Gordon, Gregory, and Owen be that committee.

A message from the Senate by Mr. White, their secretary;

MR. SPEAKER — The Senate have concurred with the House of Representatives, in the adoption of the preamble and resolutions, instructing our Senators, and requesting our Representatives in Congress, to procure if possible, the passage of a law to remedy the grievances arising from the fact, that the lines of private surveys of locations of land warrants, made in this State, prior to the general survey of the lands of the General Government, do not correspond with the lines of the said public surveys; They have passed bills of the following titles, in the passage of which they ask the concurrence of the House of Representatives, viz,

"An act to incorporate the Stockholders of the Alton Exporting Company." and "an act to incorporate the Marseilles Manufacturing Company."

And then he withdrew.

On motion of Mr. Cloud,
The resolution of Mr. Gregory relative to apportioning the representation of this State, &c. some days since laid upon the table, was now taken up for consideration.

On motion of Mr. Stuart,
Said resolution was referred to a committee of the Whole Mouse, and the House now resolved itself into a committee

82

of the Whole House upon the same; and after some time spent therein,
Mr. SPEAKER resumed the chair, and Mr. Hackelton reported that the committee of the Whole House had, according to order, had said resolution under consideration, made some progress therein, and directed him to ask leave to sit again on said subject, which was granted, The question was then taken upon striking out 8000, and, inserting 7000, and decided in the negative. — Yeas, 24. — Nays, 28.

The Yeas and Nays were also called for, upon this question,
Those voting in the affirmative, are
Messrs. Able, Blackford, Blockburger, Bowyer, Carpenter of Hamilton, Clark, Craig, Cunningham, Dubois, Dunn, Frazer, Hampton, Harreld, Harris, Hunt, Hunter, Manly, Oliver, Owen, Pace, Smith, Vandevanter, Webb, and Wren. — 24.

Those voting in the negative, are
Messrs. Brown, Buckmaster, Butler, Carpenter of Sangamon, Cloud, Dawson, Elliott, Fithian, Gordon, Gregory, Hackelton, Henry, Hughes, Lincoln, Moore, Murphy, Nunnally, Outhouse, Porter, Ross, Stuart, Thompson, Trower, Tunnell, Turney, Whiteside, Wyatt, and Mr. Speaker. — 28.

Mr. Webb moved to strike out 8000, and insert 6000.

Mr. Moore called for a division of the question;
The question was then taken upon striking out,
And decided in the negative.

Mr. Webb moved that the House adjourn.

Which was not agreed to.

Mr. Dubois moved that the vote just taken, upon concurring with the committee of the Whole House in their amendment to said resolution, in striking out 4000, and inserting 3000, be re-considered,
When the House adjourned.

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Friday, December 18, 1835.

House met pursuant to adjournment.

A message from the Governor by A. P. Field, Esq. secretary of State;
I am directed by the Governor to lay before the House, a written communication, And he withdrew, Mr. Hamlin presented the petition of sundry citizens of of Cook, La Salle and Iroquois Counties, praying the formation of a new county; Which was read,
On his motion,
Referred to the committee on Petitions.

Mr. Manly presented the petition of sundry citizens of Clark county, praying a removal of the county seat of said county, And on his motion the reading thereof was dispensed with and referred to the same select committee, to which was referred other petitions and remonstrances upon the same subject.

Mr. Cloud from the committee on Enrolled Bills, reported as correctly enrolled.

The resolutions instructing our Senators, and requesting our Representatives in Congress, to procure competent engineers of the United States corps, to make a survey of the Illinois river; and also
The resolution requesting pensions to persons who fought against the Indians previous to the treaty of Greenville.

Also the resolution on the subject of Section No. 16.

Also the resolutions instructing the Senators from Illinois to vote to have expunged from the Journal of the Senate of the United States, the resolution passed 28th March, 1834, disapproving of the conduct of the President in relation to the public revenue.

"An act for the benefit of the infant heirs of James Evans, senior, deceased."

"An act to provide for the sale of the land that has been selected for the use of schools, in lieu of the 16th section, in fractional township 13 south, range 3 west, in Union county."

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"An act to amend an act entitled, an act to incorporate the Springfield and Alton Turnpike Road Company, approved March 1st, 1833."

Mr. Oliver presented the petition of Samuel Copeland, of Johnson county, praying remuneration for certain services, &c. and on his motion the reading thereof was dispensed with, and the same was referred to the committee on Propositions and Grievances.

Mr. Cunningham presented the petition of sundry citizens of Coles county, praying an alteration in the State Road leading from Charleston to Shelbyville,
And on his motion the reading thereof was dispensed with, and the same referred to a select committee.

Ordered, That Messrs. Cunningham, Porter and Trower be that committee.

Mr. Fithian from the committee on Salines, reported a bill entitled,
"An act appropriating the residuum of the Vermillion Saline lands,
Which was read the first time; and
Ordered to a second reading.

Mr. Gordon from the select committee, to which was referred the bill, entitled,
"An act to incorporate the Morgan County Mutual Fire Insurance Company."

Reported the same back without amendment.

Ordered to be engrossed for a third reading.

Mr. Buckmaster, in pursuance of notice, heretofore given, asked and obtained leave to introduce a bill entitled,
"An act to district the County of Madison."

Which was read the first time,
And ordered to a second reading.

On motion of Mr. Moore,
Resolved, by the House of Representatives, (the Senate concurring herein) that the two Houses will convene in the Hall of the House of Representatives, on Saturday the 19th, at 11 o'clock A. M. for the purpose of the election of Judges of Probate, in those counties in which vacancies have occurred,
Ordered, That the clerk inform the Senate thereof, and ask their concurrence therein.

Mr. Hampton from the select committee to which was referred the bill entitled,
"An act to amend an act, entitled an act concerning Estrays, approved 9th February, 1835."

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Reported the same with amendments, Which were read; and
On motion of Mr. Cloud,
The bill and proposed amendments were referred to a select committee of five.

Ordered That Messrs. Cloud, Turney, Manly, Cunningham, and Buckmaster be that committee.

Mr. Pace, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill for
"An act to amend an act entitled, an act concerning justices of the Peace and Constables, approved February 3rd, 1827"
Which was read; and,
Ordered to a second reading.

On motion of Mr. Manly, the rule of the House was dispensed with, and the bill
Read the second time by its title.

Mr. Manly moved to refer the bill to a select committee, Mr. Henry moved to amend the motion, so as to refer the bill to the Committee on the Judiciary.

Which was agreed to.

Mr. Gordon, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill, for
"An act to amend an act concerning Justices of the Peace and Constables."

Which was read the first time; and
Ordered to a second reading.

Mr. Nunnally gave notice, that on Saturday next, or some day hereafter, he should ask leave to introduce a bill, for
"An act relative to a certain road in Edgar County."

The communication from the Governor this day received, was read as follows, viz:

EXECUTIVE DEPARTMENT.
Vandalia, December 18th, 1835.

To the Speaker of the House of Representatives;

SIR: In compliance with the law, requiring the Secretary of State, to lay before the House of Representatives, the returns of the census, from the different counties of this State;

SIR: I have the honor herewith to submit to you the
original returns thereof, so far as they have been received. There has been no returns from the counties of Rock Island, Henry, Knox and Calhoun,

86

but as soon as they are received, the shall without delay, be laid before the House.

I have the honor to be,
Your ob'tservant,
A. P. FIELD, Secretary of State.

A STATEMENT,
Of the result of the Census in the different Counties in the
State of Illinois, for the Year 1835.

COUNTIES	POPULATION	REMARKS
Alexander	2050
Adams	7042
Bond	3580
Cook	9826
Clinton	2648
Champaign	1045
Clark	3413
Clay	1648
Calhoun	1091
Crawford	3540
Coles	5142
Edgar	6668
Edwards	2006
Effingham	1055
Franklin	5551
Fayette	3638
Fulton	5917
Gallatin	8660
Green	12274
Hancock	3249
Hamilton	2877
Henry	—	No return.
Iroquois	1164
Johnson	2166
Jefferson	3350
Jackson	2783
JoDaviess	4038
Jasper	415
Knox	—	No return.
Lawrence	4450
La Salle	4754
Madison	9016
Morgan	19214
Monroe	2760
Montgomery	3740
Marion	2844
Macon	3022
McLean	5311
McDonough	2883
Mercer	497
Macoupin	5555
Pope	3756
Pike	6037
Peoria	3220
Perry	2201
Putnam	4021
Randolph	5695
Rock Island	616
Sangamon	17573
St. Clair.	9055
Shelby	4848
Schuyler	6361
Tazewell	5850
Union	4156
Vermilion	8103
Wabash	3010
Warren	2623
White	6489
Washington	3292
Wayne	2939
Total	271.727

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Mr. Manly moved to refer said communication to the same select committee, to which was referred the resolution relative to the apportioning of the representation, &c. together with the accompanying documents,
Which was not agreed to.

On motion of Mr. Cloud,
Said communication was laid on the table.

On motion of Mr. Buckmaster,
The engrossed bill entitled,
"An act supplementary to an act to incorporate the Springfield and Alton Turnpike Road Company;
Which was read the third time; when
On motion of Mr. Stuart,
The bill was referred to a select committee.

Ordered, That Messrs. Stuart, Buckmaster, and Cloud, be that committee.

A message from the Governor was received by A. P. Field, Esq. Secretary of State, read, and is as folows:

EXECUTIVE DEPARTMENT,
Vandalia, December 18th, 1835.

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

SIR:
I beg leave to communicate to the House of Representatives, that a vacancy occurred in the office of Auditor of Public Accounts, by the resignation of J. T. B. Stapp, Esq. and the same was filled by the appointment of Levi Davis, Esq. on the 16th day of November last.

I have the honor to be,
Sir,
Your obedient Servant,
JOSEPH DUNCAN.

On motion of Mr. Moore,
Said communication was laid upon the table.

The Speaker laid before the House a communication of the Governor, which was read, and is as follows:

EXECUTIVE DEPARTMENT,
Vandalia, December 18th, 1835.

To the Hon. the Speaker of the House of Representatives.

SIR:
In compliance with a resolution of the House of Representatives of 17th instant, calling on this department for a copy of a deed from William Russel to the State of Illinois, I have

88

the honor herewith to transmit a copy of said deed to the House of Representatives.

I have the honor to be, Sir,
Your obedient Servant,
JOSEPH DUNCAN.

On motion of Mr. Buckmaster,
Said communication and deed were referred to the committee on the Judiciary.

The Speaker laid before the House another communication from the Governor, which was read, and is as follows:

EXECUTIVE DEPARTMENT,
Vandalia, December 18th, 1835.

To the Hon. the Speaker of the House of Representatives,

SIR:
In compliance with a resolution of the House of
Representatives of the 14th instant, calling for information relative to the School, College and Seminary Fund, I have the honor to enclose you all the information asked for in the said resolution.

I have the honor to be, Sir,
Your obedient Servant,
JOSEPH DUNCAN.

EXECUTIVE DEPARTMENT,
Vandalia, December 14th, 1835.

To the Hon. the Speaker of the Senate,

SIR:
In compliance with certain resolutions of the Senate, of the 10th instant, calling on this department for information relative to the School and Seminary Funds of this State, I have the honor herewith to transmit the enclosed statements, showing the whole amount of School, College, and Seminary Fund, loaned to the State, and the amount of interest accruing at the different periods, as shown by the statements above referred to.

In relation to the amount due from the General Government, on account of the three per cent fund, there is no data upon which I could predicate any correct calculation, the account has not been settled at the Treasury Department of the United States, since July 1833. But the large amount of the sales of the Public Lands in this State, since that period, will entitle the State to a much larger amount, than they have received for

89

the same time at any former period.

In regard to the lands that were granted to the State for Seminary purposes, I beg leave to submit a statement herewith enclosed, from the Auditor of Public Accounts.

I have the Honor to be, Sir, Your obedient Servant,
JOSEPH DUNCAN.

A.

AUDITOR'S OFFICE, ILLINOIS,
VANDALIA, December 12, 1835.

To His Excel'ly. JOS. DUNCAN,
I have the Honor herewith to submit to you the following statement relative to the Seminary Lands.

The whole amount of Seminary Lands have been selected by Commissioners appointed for that purpose; but there are 13 sections which have not yet been approved. The Department at Washington have been advised of those selections and have been repeatedly written to on the subject, but have not as yet informed me whether those selections have been approved of. Of the Seminary Lands which have been approved and patented to the State, there remains unsold five and a half sections.

I have the Honor to be,
Very Respectfully,
Your obedient servant, LEVI DAVIS, Auditor.

90

[DOCUMENT, NO. 1.]

A statement of the Amount due by the State of Illinois, to the School and College Funds, for Warrants purchased with said Funds.

1835
May 21	For amount of Auditor's Warrant?purchased,	16393 38
	Interest on same at 3 per cent. per annum, to 13th Feb 1831,	1881 79
Oct. 21	For amount of auditor's warrants purchased,	2400 00
	Interest on same at 2 per cent. per annum, to 15th Feb 1831,	256 45
1826
Jan. 18	For amount of auditor's warrants purchased	1410 00
	Interest on Same at 2 percent. per annum, to 15th Feb 1831	143 16
May 3	For amount of auditor's warrants purchased,	872 01
	Interest on same at 2 per cent. per annum, to 15th Feb 1831,	83 52
July 5	For amount of auditor's warrants purchased,	1111 00
	Interest on same at 2 per cent. per annum to 15th Feb 1831,	102 57
Oct. 9	For amount of auditor's warrants purchased,	3580 47
	Interest on same at 2 per cent. per annum, to 15th Feb 1831,	311 70
Feb. 16	For amount of auditor's warrants purchased,	2358 61
	Interest on same at 2 per cent. per annum, to Feb 15th 1831,	235 85
1829
Jan. 21	For amount of auditor's warrants purchased,	148 33
	Interest on same at 2 per cent. per annum, to 15th Feb 1831,	6 21
	Amount of principal and interest due on the 15th Feb 1831,	31304 96
	Interest on same at 6 per cent. per annum to 15th Feb 1832,	1878 29
			33183 25

91

[STATEMENT — CONTINUED.]

Amount due on the 15th February 1832	33183 25
Interest on same to 15th February 1833	1990 99	35174 24
Amount due on the 15th Feb 1833	35174 24
Interest on the same to 31st Dec. 1833,	1844 47	37018 71
Amount of principal and interest due on the 31st day of December 1833, and declared to be principal by the act of 7th Feb. 1835,	37018 71
Interest on the amount to 31st 1835; (compound.)	4575 50
TOTAL AMOUNT,	$41594 21

DOCUMENT, No. 2.

A statement of the amount of School, College and Seminary Funds loaned to the State of Illinois.

1829
Jan. 28	For amount of School and College Funds loaned to the State,	730 51
	Interest on same at 6 per cent. per annum, to 31st Dec 1833, (compound.)	242 81
1832
Dec. 8	For amount of school and college funds loaned to State,	3000 00
	Interest on same at 6 per cent. to 1833 31st December 1833.	192 02
1833
Feb. 6	For amount of school and college funds loaned to State.	30 00
	Interest on same at 6 per cent. to 31st December 1833.	1 61
Feb. 18	For amount of school and college funds loaned to State.	29207 81
	Interest on same at 6 per cent. to 31st December 1833.	1507 17	34911 93

92

[STATEMENT — CONTINUED.]

1829
June 30	For amount of Seminary fund loaned to State.	100 00
	Interest on same at 6 per cent. to 31st December 1833.	30 02
Aug. 31	For amount of seminary fund loaned to State.	608 68
	Interest on same at 6 per cent. to 31st December 1833.	175 11
Sept 30	For amount of seminary fund loaned to State.	7435 23
	Interest on same at 6 per cent. to 31st December, 1833.	2092 36
Oct. 31	For amount of seminary fund loaned to State.	1057404
	Interest on same at 6 per cent. to 31st December 1833.	2908 90
Nov. 30	For amount of Seminary fund loaned to State.	100 00
	Interest on same at 6 per cent. to 31st December 1833.	26 88
Dec. 31	For amount of Seminary fund loaned to State.	115 76
	Interest on same at 6 per cent. to 31st December 1833.	30 37
1830
Jan. 31	For amount of Seminary fund loaned to State.	349 81
	Interest on same at 6 per cent. to 31st December 1833.	89 66
Feb. 28	For amount of Seminary fund loaned to State.	353 41
	Interest on same at 6 per cent. to 31st December 1833.	88 65
Ap'l 30	For amount of Seminary fund loaned to State.	399 05
	Interest on same at 6 per cent. to 31st December 1833.	95 34
June 30	For amount of Seminary fund loaned to State.	148 13
	Interest on same at 6 percent, to 31st December 1833.	33 57

93

[STATEMENT — CONTINUED.]

Aug. 31	For amount of Seminary fund loaned to State.	200
	Interest on same at 6 per cent. to 31st December, 1833.	42 96
1830
Oct. 31	For amount of Seminary fund loaned to State.	149 11
	Interest on same at 6 per cent. to 31st December, 1833.	30 25
Nov 30	For amount of Seminary fund loaned to State.	223 45
	Interest on same at 6 per cent. to 31st December 1833.	44 02
1831
Aug. 31	For amount of Seminary fund loaned to State.	200 00
	Interest on same at 6 per cent. to 31st December, 1833.	29 21
1832
Jan. 31	For amount of Seminary fund loaned to State.	100 00
	Interest on same at 6 per cent. to 31st December, 1833.	11 81
Aug. 31	For amount of Seminary fund loaned to State.	100 00
	Interest on same at 6 per cent. to 31st December 1833.	8 12
1833
Oct. 31	For amount of Seminary fund loaned to State.	442 50
	Interest on same at 6 per cent. to 31st December 1833.	4 42
Dec. 31	For amount of Seminary fund loaned to State.	456 63	$1799 50
			62709 38
	Amount of principal and interest due on the 3Ist day of December 1833, for moneys loaned, and declared to be principal by the act of 7th February 1835.	62709 38
	Interest on this amount, to 31st December 1835, at 6 per cent, (compound.)	$7750 87

94

[STATEMENT — CONTINUED.]

	Amount of School, College and Seminary funds loaned to the State during the years 1834 & '35, with interest on same to 31st Dec 1835.	47076 16
	TOTAL AMOUNT,	$117536 41

[DOCUMENT, NO. 3.]

A statement of the amount in which the State is indebted to the School, College, and Seminary Funds separately; with the amount of interest to be apportioned under the act of 7th February, 1835.

Amount of principal and interest due the School Fund on 31st December, 1835.	$91793 16
Amount of interest due School Fund, and to be apportioned to the several counties, Jan 1836.	8655 78
Amount of principal and interest due the College Fund on 31st Dec 1835.	18356 32
Amount of interest due College Fund, and to be apportioned to the several Counties in January 1836.	1730 86
Amount of principal and interest due the Seminary Fund on the 31st December 1835.	48981 12
Amount of interest due Seminary Fund, and to be apportioned to the several counties in January. 1836.	4297 04
TOTAL AMOUNT due by the State to the School, College and Seminary Funds.	$159130 62

95

On motion of Mr. Whiteside,
The communications and accompanying documents were referred to the committee on Education.

And then the House adjourned until 2 o'clock P. M.

2 o'clock P. M.

House met pursuant to adjournment.

Mr. Owen, in pursuance of notice heretofore given, asked and obtain leave to introduce a bill for
"An act to locate a State Road from Quincy to Macomb," Which was read the first time, and
Ordered to a second reading,
Mr. Tunnel gave notice, that he should on Monday next, or some day thereafter, ask leave to introduce a bill, for
"An act to make the office of the Clerks of the County Commissioners' Court elective."

Mr. Bowyer in pursuance of previous notice, asked and obtained leave to introduce a bill, for
"An act for the benefit of Simon M. Hubbard."

Which was read the first time, and
Ordered to a second reading.

Mr. Stuart from the select committee, to which was referred the bill entitled,
"An act supplementary to an act to incorporate the Springfield and Alton Turnpike Road Company;"
Reported the same with an amendment, which was read and concurred in.

The bill then passed.

Ordered that the title of the bill be, as aforesaid, and that the clerk carry said bill to the Senate, and ask their concurrence therein.

The bill from the Senate entitled;
"An act to incorporate the Stockholders of the Alton Exporting Company."

Was, read the first time, and
Ordered to a second reading.

96

On motion of Mr. Whiteside,
The rule of the House was dispensed with, and
The bill read the second time by its title; and
On the further motion of Mr. Whiteside,
Referred to a select committee.

Ordered that Messrs. Whiteside, Buckmaster, and Murphy be that committee.

The bill from the Senate entitled,
"An act to incorporate the Marseilles Manufacturing Company", Was read the first time, and
Ordered to a second reading, and
On motion of Mr. Hamlin, the rule of the House was dispensed with, and said bill was now
Read the second time by its title; and
And on the further motion of Mr. Hamlin;
Referred to a select committee.

Ordered, that Messrs. Hamlin, Porter and Hunt be that committee.

Mr. Gordon from the select committee, to which was referred the bill entitled,
"An act to incorporate the Alton, Jacksonville and Galena Turnpike Road Company."

Reported the same back to the House with several amendments; Which were read and concurred in.

Ordered to be engrossed for a third reading.

Mr Cloud from the select committee, to which was referred the bill entitled,
"An act to incorporate a company therein named."

Reported the same back to the House with several amendments.

Which were read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Gregory in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act to amend an act, concerning Public Roads."

Which was read the first time, and
Ordered to a second reading.

Mr. SPEAKER laid before the House a communication from the Auditor of Public Accounts, exhibiting the total amount of receipts and expenditures at the Treasury, during the year ending the 30th November, 1835.

97

Which was read, and is as follows:

State of Illinois, AUDITOR'S office,
Vandalia, December 16th, 1835.

To the Hon. the Speaker of the House of Representatives,

Sir, In compliance with the resolution of the House of Representatives of the 15th inst. I have the honor to submit the enclosed statements marked "No. 1" and "No. 2" shewing the total amount of Receipts and Expenditures at the Treasury, daring the year ending with the 30th of November, 1835.

I have the honor to be,
Very Respectfully,
Your obedient servant,
LEVI DAVIS, Aud. Pub. Accts.

Total amount of Receipts and Expenditures at the Treasury, from the 30th November, 1834, to 30th November, 1835.

On what account received	Amount.	Amount.
Amount remaining in the Treasury 30th November, 1834,	$296,66
Amount received from non-residents,	3977,86
Amount received from sheriffs,	24033,91
Amount received from Vandalia lots,	284,18
Amount received from sales of seminary lands,	14570,52
Amount of State paper funded including interest on same	216,98
Amount received from the revenue clerks,	11617,23
Amount received from the Trustees of James Hall, late treasurer,	631,71
Amount received from debts due the State Bank and Branches,	2502,18
Amount received from sales of Vermilion Saline lands,	10574,21
Amount received from sales of Gallatin Saline lands,	454,79
Amount received of commissioners of school fund,	27832,20	96992,45
To this add the amount of redemption money received,		930,72
Total amount,		$97923,17

98

Amount of Auditor's Warrants paid at the Treasury from 30th Nov. 1834 to 30th Nov. 1835,	$69103,70
Amount of money re-funded,	187,42
Amount paid interest on the loan of $100,000 to 1st July, 1835,	3000,00
Amount of interest allowed on State paper received for taxes	102,86
Amount of interest allowed on State paper funded at the Treasury,	42,48
Amount of funded stock redeemed at the Treasury,	3391,26
Amount of State paper burned,	1085,50
Amount of taxes refunded on lands sold for taxes and redeemed,	341,66
Amount of interest allowed on State paper received on account of State Bank,	96,30
Amount of redemption money paid out,	1255,09	78606,27
Leaving a balance in the Treasury on the 30th Nov. 1835, of	$19316,90

REDEMPTION ACCOUNT.

Amount of redemption money remaining in the Treasury on the 1st of Dec. 1834,	$877,96
Amount of redemption money received from 30th Nov. 1834, to 30th Nov. 1835,	930,72	1808,68
From this sum deduct the amount of redemption money paid out during the same time		1255,09
Leaving a balance of redemption money in the Treasury on the 1st of December, 1835, of		$553,59

Amount of Auditor's Warrants drawn on the Treasury from the 30th Nov. 1834, to 30th Nov. 1835, for the current expenses of the State, and charged to the following accounts, viz.
The General Assembly session 1834 and

99

1835,	$23609,88
The Judiciary,	7117,46
The Governor,	873,28
The Secretary of State,	1075,00
The Auditor,	1831,02
The Treasurer,	1652,05
Circuit Attorneys,	906,06
The Attorney General,	349,73
Special Appropriations,	13561,95
Incidental expenses,	704,53
Contingent Fund,	878,11
Warden of the Penitentiary,	360,10
Penitentiary Inspectors,	200,00
Counties on the Military Tract,	4150,00
Postage,	363,34
Militia,	815,00
Contingent Fund for Penitentiary,	1250,00
Interest on funded stock,	293,11
Appropriations for Great Wabash,	6686,71
Appropriations for Penitentiary,	62,10	66739,43
Amount of outstanding Warrants against the Treasury, on the 1st Dec. 1835,	2190,01
To which add the amount of school fund Warrant,	28283,80
	30473,81
From this sum deduct the amount of money in the Treasury on the 30th of November, 1835,	19316,90
Leaving a balance against the Treasury on the 1st Dec. 1835, of	$11156,91
The following sums become due to the State in March and April, 1836:
From the Revenue Clerks,	$36357,25
From Sheriffs,	6722,08	43079,33

STATE OF ILLINOIS, AUDITOR'S OFFICE,
Vandalia, Dec. 16, 1835.
LEVI DAVIS, Aud. Pub. Acc'ts

100

NO. 2.

A statement of the amount drawn from the Treasury on account of the Contingent Fund, from 30th November, 1834, to 20th November, 1835.

1834.
Dec. 1.	To John S. Roberts for work done on State House,	5,00
	" Warrants to John D. Hughes for the apprehension of Hopkins and Johnson, fugitives from justice,	103,50
	" Warrants to Wm. Redmond for work done on State House,	38,75
	" Warrant to Bryant Whitfield for work done on State House,	27,00
6.	"Warrants to William D. Haynie for repairing State House and furnishing materials,	11,00
	"Warrants to R. Porter for materials furnished for plastering State
10.	" Warrants to Thomas A. Gatewood for work done on State House,	5,16
16.	"Warrants to S. & J. Francis for publishing Govr's Prociamation for the apprehension of N. Payne,	9,50
20.	" Warrants to D. Merrill for the apprehension of H. Shouse, a fugitive from justice,	100,00
22.	" Warrants to Abraham &Wm.Duncan for the apprehension of Hezekiah Garret,a fugitive from justice,	200,00
1835.
Jan. 21.	"Warrants to Francis Arenz for publishing Gov'rs Proclamation for the apprehension of N. Payne & E. Hankins, and holding Congressional election,	12,00
22.	"Warrants to J. G. Edwards for

101

	publishing Gov'rs Proclamation relative to the Penitentiary, for Congressional election, apprehension of Sullivan, Adj't Gen. notice, &,c.,	14,50
	"Warrants to Joseph Hocket for repairing State, House,	3,00
Feb. 3.	Warrants to brooks & Petit for special election in 3d Congressional District,	3,00
13.	"Warrants to J. T. Bradley and J. C. Sprigg for copying Rail Road and Canal bills,	13,00
14.	"Warrants to J.Demint for conveying School fund from St.Louis, and for services in depositing $3000 in Bank at St.Louis, and obtaining a check to pay interest on loan,	195,00
1834.
Dec. 1.	"W. D. Haynie for work done on State House, (omitted above,)	8,00
1835.
March 20.	"Warrants to John C. Sprigg for making out certified copies of certain laws for the use of the Executive,	25,50
June 4.	"Warrants to Gatewood and Oliver for publishing Governor's Proclamation relative to elections, &c.	7,50
15.	"W. E. Woodruff for advertising in the Arkansas Gazette the Gov'rs Proclamation for the apprehension of Hezekia Garrett,	5,00
20.	"R. W. Clarke for publishing Gov'rs Proclamation for the apprehension of N. Payne,	3,00
July 21.	"Warrants to J. Y. Sawyer for publishing Gov'rs Proclamation in relation to the Shawneetown

102

	Bank, and for election of Senator of Jo Daviess county,	11,80
Aug. 31.	"Warrants to J. S. Gordon for hair furnished for plastering State House,	3,50
	"Warrants to Wm. J. Hockett for repairing State House,	1,50
	"Warrants to William P. Milton for advertising H. Garrett, a fugitive from justice,	7,00
Oct. 10.	"Warrants to T.Condit for services and expenses in removing Public Records from Vandalia to Rushville,	44,00
31.	"Warrants to John V. Sawyer in full for publishing Gov'rs Proclamation, Legislature & Treasurer's notice; of what kinds of money would be received into the Treasury,	14,90	123,70
			$878,11

STATE OF ILLINOIS, AUDITOR'S OFFICE,
Vandalia, Dec. 16th, 1835.

LEVI DAVIS, Aud. Pub. Acc'ts.

On motion of Mr. Cloud,
Referred to the committee on Public Accounts and Expenditures.

He also laid before the House a communication from the Treasurer of the State, exhibiting the transactions at the Treasury, from the first day of December, 1834, to the 30th day of November, 1835, which was read and is as follows:

STATE OF ILLINOIS, TREASURER'S OFFICE,
Vandalia, December 16, 1835.

SIR: — In conformity to a resolution of the House of Representatives, requesting the Auditor and Treasurer to make a report to the present General Assembly, of the receipts and expenditures of the public money, I have the honor to submit the following statement of the transactions of this office, from the first day of December 1834, to the 30th day of November 1835, and payments,

103

and an account current, shewing on what account the receipts and disbursements were made, and the balance remaining in the Treasury on the last mentioned day; also an appended statement, shewing the balance in the Treasury on the present day.

All of which is respectfully submitted.

JOHN DEMENT, Treasurer
of the State of Illinois.

The Honorable,
The SPEAKER of the House of Representatives.

REPORT,
Of Receipts and Payments at the Treasury of the State of Illinois, from 1st December, 1834, to 30th. November, 1835, inclusive.

Receipts.
1834. December,	5,853 98
1835. January, 12	607 01
" February,	53,440 02
" March,	16,249 63
" April,	2,377 91
" May,	358 58
" June,	141 15
" July,	1,409 72
" August.	2,997 68
" September,	890 00
" October,	947 85
" November,	352 98
	97,626 51
To which add balance in Treasury, on 30th November 1834.	293 66
	97,923 17
	78,606 27
	$19,316 90

Payments.
1834. December,	4,034 33
1835. January,	13,210 44
" February,	28,577 94
" March,	4,583 66
" April,	3,849 60
" May,	4,285 17
" June,	3,362 99
" July,	4,789 93,
" August,	1,993 30
" September,	1,321 40
" October,	7,469 91
" November,	875 60
	$78,606 27

JOHN DEMENT, Treasurer.

104

JOHN DEMENT, STATE TREASURER IN ACCOUNT WITH THE STATE OF ILLINOIS.
Receipts.
To amount of balance in the Treasury on 30th November 1831.	296 66
To amount received from Sheriffs, (including $60 received on account of revised laws.) from 1st December 1834, to 30th November 1835, inclusive.	24,033 9
To amount of taxes paid into the Treasury during same time.	3,977 86
To amount of State paper funded, during same time.	216 98
To amount received from sale of Seminary lands, during same time.	14,570 52
To amount received from Trustees of James Hall, late Treasurer, during same time.	631 71
To amount received from County Commissioners Clerks, during same time	11,617 25
To amount received for debts due the State Bank and Branches, during same time.	2,502 18
To amount received from sale of Vermillion Saline lands, during same time.	10,574 21
To amount received of School fund, during same time.	27,832 20
To amount from sale of Gallatin Saline Lands during same time.	454 79
To amount received from sale of Vandalia lots during same time.	284 18
To amount of Redemption money received during same time.	930 72
	$97,923 17

105

Payments.
By amount paid (refund,) from 1st December 1834, to 30th November 1835, inclusive.	187 42
By amount of taxes refunded on lands redeemed, during same time.	341 66
By amount of Auditor's Warrants paid, during same time.	69,103 70
By amount of Interest on State paper, during same time.	102 86
By amount of do on do, when funded, during same time.	42 48
By amount of do. on ditto., paid into Treasury on account of State Bank, during same time.	96 30
By amount of State paper burned, during same time.	1,085 50
By amount of interest on Loan of $100,000, to 1st July 1835.)	3,000 00
By amount of Funded Stock redeemed, during same time.	3,391 26
By amount of Redemption money paid during same time.	1,255 09
	78,606 27
Balance in the Treasury 30th November 1835.	19,316 90
	$97,923 17

REDEMPTION ACCOUNT.
To amount of Redemption money remaining in the Treasury on 1st December, 1834	877 96
To amount of Redemption money received from 1st, 1834, to 30th Nov, 1835, inclusive.	930 72
	1,808 68
By amount of Redemption money paid from 1st December 1834, to 30th Nov, 1835, inclusive.	1,255 09
	$553 59

JOHN DEMENT, Treasurer.

106

APPENDED STATEMENT.
To balance in the Treasury on 30th Nov. 1835, as above stated.		19,316 90
To which add amount of receipts into the Treasury, from 1st to 16th December, 1835, inclusive.		587 59
By amount of payments during the same time;
To wit:
Paid Auditor's Warrants.	5,853 70
" Refund.	6 61
" Interest on loan of $100,000 being the instalment due 1st January 1836.	3,000 00
		8,860 31
Balance in the Treasury on 16th December, 1835.		$11,044 18

JOHN DEMENT, Treasurer.

On motion of Mr. Wyatt,
Referred to the same committee.

The question pending at the adjournment of the House on yesterday evening upon the motion of Mr. Dubois to re-consider the vote taken upon concurring with the committee of the Whole House, in their amendment to the resolution in relation to the apportionment of representation, &c. striking out 4000, and inserting 3000, was put, and decided in the negative.

Mr. Ross moved to amend the resolution by striking out 8000, which was agreed to.

Mr. Wyatt proposed to fill the blank with 7500.

Mr. Webb proposed 7000.

Mr. Vandevanter proposed 6000.

Mr. Hughes proposed 9000.

Mr. Henry moved to refer said resolution, and proposed amendments to a committee of the Whole House.

Which was not agreed to.

Mr. Dubois moved to lay the resolution and proposed amendments upon the table, until the 4th day of July next,
And decided in the negative. — Yeas; 12. — Nays 39.

107

The Yeas and Nays being called for upon this motion, Those voting in the affirmative, are,
Messrs. Brown, Buckmaster, Carpenter of Sangamon, Cloud, Dubois, Fithian, Gregory, Henry, Lincoln, Moore, Stuart, and Wyatt. — 12.

Those voting in the negative, are,
Messrs. Able, Blackford, Blackwell, Blockburger, Bowyer, Butler, Carpenter of Hamilton, Clark, Craig, Cunningham, Dunn, Elliott, Frazer, Gordon, Hackelton, Hamlin, Hampton, Harreld, Harris, Hughes, Hunt, Hunter, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Ross, Smith, Thompson, Tunnel, Turney, Vandevanter, Webb, Whiteside, Wren, and Mr. Speaker. — 39.

The question was then taken upon filling the blank with 9000, which was decided in the negative.

Mr. Lincoln then moved to fill the blank with 8500
Which was decided in the negative.

The question was then taken upon filling the blank with 7500, and decided in the negative.

The question was then taken upon filling the blank with 7000, and decided in the affirmative.

Mr. Cloud moved to amend said resolution, by striking out the words "The Senate concurring herein."

Which was not agreed to.

Mr. Whiteside moved to lay said resolution upon the table.

Which was not agreed to.

The question was then taken upon the adoption of said resolution, and decided in the affirmative — Yeas 32. — Nays 19.

The Yeas and Nays being called for on this question,
Those voting in the affirmative, are
Messrs. Able, Blackford, Blackwell, Blockburger, Bowyer, Butler, Carpenter of Hamilton, Clark, Craig, Cunningham, Dunn, Frazer, Hamlin, Hampton, Harreld, Harris, Hunt, Hunter, Murphy, Nunnally, Oliver, Owen, Pace, Porter, Ross, Smith, Thompson, Turney, Vandevanter, Webb, Whiteside, and Wren. — 32.

Those voting in the negative, are,
Messrs. Brown, Buckmaster, Carpenter of Sangamon, Cloud, Dubois, Elliott, Fithian, Gordon, Gregory, Hackelton, Henry, Hughes, Lincoln, Moore, Outhouse, Stuart, Tunnel, Wyatt, and Mr. Speaker. — 19.

Ordered that the clerk carry said resolution to the Senate, and ask their concurrence therein.

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Mr. Clark proposed for adoption the following resolution,
Resolved by the House of Representatives, (the Senate concurring therein) That no new business he introduced, into either branch of the General Assembly, after the 25th of this instant, which was,
On motion of Mr. Frazer,
Laid upon the table.

On motion of Mr. Stuart,
The bill entitled,
"An act supplemental to an act to incorporate the Subscribers to the Bank of the State of Illinois," some days since laid upon the table, was now taken up for consideration.

Mr. Moore moved to amend the 3d section of the bill, by adding at the end thereof, the words "reserving to the state the right to repeal this section, whenever the public interest may require the same,"
Which was agreed to.

Mr. Henry moved to strike out the word "15," in the 3d section, and insert the word "ten," which was not agreed to, The question was then put,
Shall the bill be engrossed and read the third time?

And decided in the affirmative, Yeas, 36. Nays, 12.

The Yeas and Nays being called for on this question;
Those voting in the affirmative, are, Messrs. Able, Blackford, Blackwell, Bowyer, Brown, Buckmaster, Butler, Carpenter of Hamilton, Clark, Craig, Dubois, Dunn, Elliott, Frazer, Gordon, Gregory, Hackelton Hamlin, Hampton, Harreld, Harris, Henry, Hughes, Hunt, Hunter, Moore, Murphy, Oliver, Owen, Pace, Smith, Thompson, Vandevanter, Whiteside, and Wyatt, — 36.

Those voting in the negative, are
Messrs. Blockburger, Carpenter of Sangamon, Cloud, Lincoln, Manly, Nunnally, Outhouse, Porter, Stuart, Tunnell, Turney, and Wren. — 12.

Messrs. Fithian, Ross, and Mr. Speaker, were excused
from voting upon this question.

Mr. Wren proposed for adoption the following resolution, viz.
Resolved, That no one County in this State shall be allowed more than two Senators.

Mr. Gregory moved to amend said resolution, by striking out all after the word "Resolved," and insert the following, "That the ratio for apportionment be so fixed that the number

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of Senators shall not exceed thirty-seven; and the number of representatives shall not exceed seventy-five."

When on motion of Mr. Stuart,
Said resolution and proposed amendment was laid upon the table.

And then the House adjourned.

Saturday, December 19, 1835.

House met pursuant to adjournment.

Message from the Senate by Mr. White their Secretary.

"MR. SPEAKER, — I am directed to inform the House of Representatives, that the Senate have adopted the following resolutions, in which they ask the concurrence of the House of Representatives.

Resolved by the General Assembly of the State of Illinois, That our Senators and Representatives in Congress, be requested to support the passage of a law granting pre-emption rights to settlers on the unsurveyed as well as the surveyed public lands, to take effect on the expiration of the law now in force on that subject; upon the same principles except the necessary alteration of time, that pre-emption rights are now granted, with a provision that where floating claims are granted, they shall in all cases be located in the same section the pre-emption right was granted in, or adjoining said preemption right in an adjoining section.

Resolved, That the Governor be requested to transmit to each of our Senators and Representatives a copy of the foregoing resolution.

Also, certain resolutions authorizing the Auditor of Public Accounts, to contract with H. Hatch, for — copies of a Map of the State of Illinois, compiled by N. Sanbourn, and about to be published by said Hatch.

Also, the Senate have passed bills of the following titles, viz:
"An act to amend an act entitled an act to incorporate the Colleges therein named."
"An act to amend an act concerning forcible entry and detainer approved February 2, 1827;" and,

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"An act for the relief of the Sheriffs therein named;" in which several bills they ask the concurrence of the House of Representatitives. Also, The Senate have concurred with the House of Representatives in the passage of the bill entitled
"An act, to incorporate the Beardstown and Sangamon Canal Company;" and
In the adoption of the resolution having for its object the convening of the two Houses in the Representative Hall, at 11 o'clock on the 19th inst., for the purpose of electing Judges of Probate, &c."

And he withdrew.

Mr. Manly presented the petition of sundry citizens of
Clark county, praying the change of a part of the State road from Vincennes to Chicago; and,
On his motion,
The reading thereof was dispensed with, and the same was Referred to a select committee.

Ordered, That Messrs. Manly, Dubois and Nunnally, be that committee.

Mr. Dunn presented the petition of, D. McKee, praying certain relief;
Which was read; and,
On motion of Mr. Dunn,
Referred to the committee on the Judiciary.

Mr. Blackwell presented the petition of sundry citizens of Fayette county, praying the location of a certain state road therein named; and,
On his motion,
The reading thereof was dispensed with, and the same was
Referred to a select committee.

Ordered, That Messrs. Blackwell, Blockburger and Wood, be that committee.

Mr. Blackford, in pursuance of previous notice, asked and obtained leave to introduce a bill, entitled,
"An act for the benefit of the inhabitants of fractional range eleven in White county,"
Which was read the first time; and
Ordered to a second reading.

Mr. Gregory from the committee on Education, reported a bill entitled
"An act, concerning the School Fund;"

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Which was read the first time; and
Ordered to a second reading.

On motion of Mr. Gregory,
The rule of the House was dispensed with, and the bill
now read the second time by its title;
Ordered to be engrossed for a third reading.

Mr. Webb, in pursuance of notice previously given, asked and obtained leave to introduce a bill for
"An act simplifying the mode of acknowledgment of Sheriff's deeds;" Which was read the first time; and,
Ordered to a second reading.

On motion of Mr. Webb,
The rule of the House was dispensed with, and said bill was now read the second time by its title; and
Ordered to be engrossed and read a third time.

And then the House adjourned for thirty minutes.

House met pursuant to adjournment
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 Judges of Probate in those counties in which vacancies have occurred, &c. by joint ballot: Messrs. Snyder of the Senate, and Nunnally of the House of Representatives, being appointed Tellers.

When the following persons were declared by the Speaker of the House of Representatives, duly elected, viz:
For the county of Johnson — SAMUEL COPELAND.

For the county of Macon — CHARLES EMERSON.

For the county of Effingham — WILLIAM J. HANKINS.

For the county of Jasper — JOHN BARNES.

For the county of Clinton — JOSHUA T. BRADLEY.

For the county of Cook — ISAAC HARMON.

For the county of Madison — JOSEPH GILLESPIE. And
For the county of Coles — WILLIAM COLLUM.

The Senate then withdrew.

And then the House adjourned until Monday morning 10 o'clock.

112

Monday, December 21, 1835.

House met pursuant to adjournment.

Mr. Buckmaster presented the petition of the inhabitants of Salu, praying that it may be added to the Town of Upper Alton by a special act which was read.

And on his motion referred to a select committee.

Ordered, That Messrs. Buckmaster, Trower and Outhouse be that Committee.

Mr. Ross presented the petition of Joseph S. King, of Pike County, praying the passage of an act to vacate the plan of the Town of Boonville, &c.

Which was ready and on his motion,
Referred to a select committee.

Ordered, that Messrs. Ross, Butler and Porter be that committee.

Mr. Blackwell presented the petition of sundry citizens of Fayette County, concerning a certain State Road therein named, and
On his motion the reading thereof was dispensed with, and the same was referred to the same select committee, to which was referred the petition on the same subject, presented on Saturday last.

Mr. Ross presented the petition of sundry citizens of Pike County, praying a change in the time of holding the Circuit Court in said County, and On his motion the reading thereof was dispensed with, and the same was referred to the committee on Petitions.

Mr. Owen presented the petition of sundry citizens of Hancock, McDonough and Warren Counties, praying the establishment of a State Road from the Head of Des Moines Rapids, by way of Franklin to Peoria, and
On his motion the reading thereof was dispensed with, ad the same referred to a select committee.

Ordered that Messrs. Owen, Hackelton and Butler, be that committee.

Mr. Stuart presented the petition of sundry citizens of Sangamon County, praying the incorporation of the Springfield Fire Insurance Company, which was read, and
On his motion, laid on the table.

A message from the Council of Revision, by Mr. Sprigg, their clerk.

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Mr. SPEAKER, — I am directed to inform the House of Representatives that the Council of Revision have approved bills of the following titles, viz.
"An act to amend an act entitled, an act to incorporate the the Springfield and Alton Turnpike Road Company, approved March 1st, 1833; and
"An act to provide for the sale of the land that has been selected in lieu of the 16th section, in fractional township 13 south, range3 west, in Union County,"

and he withdrew.

Mr. Brown presented the petition of sundry citizens of Tremont and Liberty, for a State Road between said places, and on his motion, the reading thereof was dispensed with, and same referred to the committee on Petitions.

Mr. Frazer gave notice that on Wednesday next, or some day thereafter, he will ask leave to introduce a bill for
"An act for the benefit of Samuel Witter."

Mr. Stuart from the committee of Petitions, to which was referred the Petition of Nathan Dillon and others, reported a bill entitled,
"An act to authorise certain persons therein named to make Deeds;
Which was read the first time, and
Ordered to a second reading.

Mr. Gordon gave notice, that on Wednesday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act to change the mode of assessing property in the several Counties in this State."

Mr. Hamlin, from the select committee, to which was referred the bill from the Senate entitled,
"An act to incorporate the Marseilles Manufacturing Company", Reported the same back to the House with several amendments; Which were read and concurred in.

Ordered to be read the third time as amended.

Mr. Buckmaster, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act for the protection of Stock against Castor Beans."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Moore, the rule of the House was dispensed with, and said bill was now read a second time by its title; and

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And on the further motion of Mr. Moore, Referred to a select committee.

Ordered that Messrs. Moore, Buckmaster and Harreld be that committee.

Mr. Hackelton gave notice, that on Wednesday next, or some day thereafter, he will ask leave to introduce a bill, for
"An act concerning certain School Lands iu the county of Fulton." Mr. Hughes gave notice, that on Wednesday next, or someday thereafter, he will ask leave to introduce a bill for
"An act to amend an act entitled, an act to provide for the establishment of Ferries, Toll Bridges, and Turnpike Roads, approved February 12th. 1827."

Mr. Craig gave notice, that on tomorrow or some day thereafter, he will ask leave to introduce a bill for
"An act to amend an act, declaring a Road therein named, a State Road, approved February 25th, 1833."

Mr. SPEAKER laid before the House a communication from the Commissioner of the Fund appropriated for the improvement of the Great Wabash River, which was read, and
On motion of Mr. Dubois,
Referred to the Committee on Internal Improvements.

Mr. Wood in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to enable the Proprietors of Real Estate under certificates to assign the same,"
Which wad read the first time; and
Ordered to a second reading.

On motion of Mr. Frazer,
The rule of the House was dispensed with, and
The said bill was now read the second time by its title;
And on the further motion of Mr. Frazer,
Referred to the committee on the Judiciary.

Mr. Carpenter of Hamilton gave notice; that on
tomorrow or some day thereafter, he will ask leave to introduce a bill for
"An act to incorporate the Shawneetown and Alton Rail Road Company."

The engrossed Bills entitled,
"An act for the incorporation of the Mississippi, Springfield and Jacksonville Rail Road Company."
"An Act concerning the counties of Pike and Adams."
"An act to relocate and establish State Road from Paris in Edgar County, to Grandview.

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"An act declaring the Road lying in Edgar County, between A. Forster's and A. G. Smith, a State Road, and
"An act to authorise William Seely to build a Toll Bridge across the Big Vermillion;"
Were severally read the third time and passed.

Ordered, that the titles of the bills be severally, as aforesaid, that the clerk inform the Senate thereof, and ask their concurrence therein.

A message from the Senate by Mr. White their secretary,

Mr. SPEAKER, — The Senate have concurred with the House of Representatives in the passage of the bill entitled,
"An act supplemental to an act, to incorporate the Springfield and Alton Turnpike Road Company."

And he withdrew.

The engrossed bill entitled,
"An act for the construction of the Illinois and Michigan Canal," was read the third time,
Mr. Turney moved to amend said bill by striking Out the "seventh" and "eighth" sections, and inserting the following viz.
Sec. 7. That there shall be elected at the present Session of the General Assembly, by joint vote of the Legislature, three practical and skilful citizens of the State, to constitute a Board, to be known by the style and description of the Board of Commissioners of the Illinois and Michigan Canal, one of whom shall be President, one Treasurer, and one to be acting Commissioner, who shall be severally designated in the joint vote given for each respective office, to which he may be elected; whenever any vacancy may occur in the said Board of Commissioners, by death, resignation, or from any other cause, the Governor of this State shall fill such vacancy during the recess of the Legislature.

Sec. 8. The Board of Commissioners to be elected as aforesaid, shall hold their office until the first Monday of January, l837, and until their successors shall be elected, and thereafter the said Board of Commissioners shall be biennially chosen in such manner, as is herein provided in the first section of this act.

Mr. Ross moved the previous question.

Mr. Speaker should be first taken upon the amendment proposed by Mr. Turney, it being first moved.

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From this decision of the Speaker, Mr. Gregory took an Appeal to the House.

The question was then put,
Shall the decision of the Chair be the judgment of the House?

And decided in the affirmative, — Yeas 50. — Nays 4.

The Yeas and Nays were called for on this question.

Those voting in the affirmative are
Messrs. Able, Blackford, Blackwell, Blockburger, Bowyer, Brown, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Craig, Cunningham, Dubois, Dunn, Elliott, Frazer, Gordon, Hackelton, Hampton, Harreld, Harris, Henry, Hughes, Hunt, Hunter, Lincoln, Manly, Moore, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Ross, Stuart, Smith, Thompson, Trower, Tunnell,Turney, Vandevanter, Webb, Whiteside, Wood, Wren and Wyatt — 50.

Those voting in the negative are Messrs. Dawson, Fithian, Gregory, and Hamlin, — 4.

A message from the Senate by Mr. White their Secretary

Mr. SPEAKER, — The Senate have passed bills of the following titles, viz.
"An act to establish a State Road from Maysville to Shelbyville,"
"An act to locate a State Road from the termination of the Indiana State Road to Ottowa,"
"An act to lay out a State Road therein named.

In which they ask the concurrence of the House of Representatives, They have concurred with the House of Representatives in the passage of the bill entitled,
"An act to re-locate a part of the State Road leading from Crow's, in Morgan County; to Musick's Bridge, in Sangamon County."

And he withdrew.

Mr. Ross withdrew his call for the previous question.

The question was then taken upon the proposed amendment of Mr. Turney, and decided in the affirmative, — Yeas 28. Nays 27.

The Yeas and Nays being called for on this question;
Those voting in the affirmative, are
Messrs. Able, Blockburger, Bowyer, Buckmaster, Carpenter of Sangamon, Clark, Cloud, Craig, Cunningham, Hampton, Harris, Hughes, Hunter, Manly, Murphy, Nunnally, Oliver, Outhouse, Pace, Porter, Thompson, Trower, Tunnell,

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Turney, Whiteside, Wren, Wyatt, and Mr. Speaker, — 28.

Those voting in the negative, are
Messrs. Blackford, Blackwell, Brown, Butler, Carpenter of Hamilton, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hackelton, Hamlin, Harreld, Henry, Hunt, Lincoln, Moore, Owen, Ross, Stuart, Smith, Vandevanter, Webb, and Wood. — 27.

Mr. Turney moved to amend the 36th section of the bill by inserting after the word "section," and before the word All the following, namely:
"This General Assembly shall appoint three disinterested persons, who have not at this time, and who shall not during their continuance in office, have or possess any lands on the line of the canal, or within ten miles thereof, and who shall take an oath, fairly to appraise such lots as shall be selected by the canal commissioners, and they shall receive for their services three dollars per day for the time so employed," also add after the word "thereof" in the second line, the words "by the appraisers aforesaid."

Which was agreed to.

Yeas 42. — Nays 13.

The Yeas and Nays being called for upon this motion;
Those voting in the affimative, are Messrs. Able, Blackwell, Blockburger, Bowyer, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Craig, Cunningham, Frazer, Gordon, Hackelton, Hampton, Harreld, Harris, Henry, Hughes, Hunt, Hunter, Lincoln, Manly, Moore, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Stuart, Smith, Thompson, Trower, Tunnell, Turney, Vandevanter, Whiteside, Wren, Wyatt, and Mr. Speaker. — 42.

Those voting in the negative, are Messrs. BIackford, Brown, Buckmaster, Dawson, Dubois, Dunn, Elliott, Fithian, Gregory, Hamlin, Ross, Webb, and Wood. — 13.

Mr. Buckmaster moved to amend the 36th section by striking out the word "cash" and insert the following:
"One third cash, one third in six months, and one third intwelve months,"Which was agreed to.

On motion of Mr. Turney,
The bill was further amended by adding the following section

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"That if any occupant or occupants of said canal lots shall fail to purchase the lot or lots by him or them occupied in the said town of Chicago, he or they shall be allowed to remove any buildings or improvements by him or them made upon such lot or lots, off the same, within sixty days after such lot or lots shall have been sold by such canal commissioners.

On motion of Mr. Gregory,
The 36th section of the bill was further amended by adding after the word "months" the following words "the purchaser giving bond with approved security for the payment of the purchase money."

Mr. Buckmaster moved to refer the bill to the same select committee to which was referred the resolution some days since adopted on the subject of the canal.

Mr. Webb moved to amend said motion, so as to instruct said committee "to strike out all parts of the bill, pledging the faith of the state for any loan."

And then the House adjourned until 2 o'clock, P. M.

2 o'clock P. M.

House met pursuant to adjournment.

The question pending at the adjournment of the House upon the motion of Mr. Webb to amend the motion of reference Was put, and decided in the negative. — Yeas 18, — Nays 34 The Yeas and Nays were also called for, upon this question,
Those voting in the affirmative, are Messrs. Able, Blackford, Blackwell, Carpenter of Hamilton, Craig, Cunningham, Dubois, Frazer, Harreld, Hughes, Nunnally, Oliver, Pace, Porter, Smith, Thompson, Trower, and Webb. — 18.

Those voting in the negative are Messrs. Blockburger, Brown, Buckmaster, Butler, Carpenter of Sangamon, Clark, Cloud, Dawson, Dunn, Elliott, Fithian, Gordon, Gregory, Hackelton, Hamlin, Hampton, Harris, Henry, Hunt, Hunter, Lincoln, Manly, Moore, Outhouse, Owen, Ross, Stuart, Tunnell, Turney, Vandevanter, Whiteside, Wood, Wyatt, and Mr. Speaker. — 34.

The question was then taken upon the question of reference, and decided in the negative.

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Mr. Webb moved to amend the bill by adding the following additional section, viz.
"Sec. 1. That the Governor of this state be, and he is herebv authorised and empowered to negotiate a loan on the faith and credit of this state, of fifty thousand dollars for the purpose of improving the navigation of the Little Wabash River, which shall be required to be paid at such times by instalments as the same may be needed in the progress of the said work, as near as the same can be estimated.

Which was not agreed to. — Yeas. 25. — Nays 30.

The Yeas and Nays being called for upon this motion,
Those voting in the affirmative, are Messrs. Able, Blackford, Blackwell, Blockburger, Bowyer, Carpenter of Hamilton, Clark, Cunningham, Dubois, Frazer, Hampton, Hughes, Hunt, Manly, Murphy, Oliver, Pace, Porter, Stuart, Smith, Thompson, Trower, Webb, Wood and Wren. — 25.

Those voting in the negative, are Messrs. Brown, Buckmaster, Butler, Carpenter of Sangamon, Cloud. Craig, Dawson, Dunn, Elliott, Fithian, Gordon, Gregory, Hackelton, Hamlin, Harreld, Harris, Henry, Hunter, Lincoln, Moore, Nunnally, Outhouse, Owen, Ross, Tunnell, Turney, Vandevanter, Whiteside, Wyatt, and Mr. Speaker. — 30.

Mr. Lincoln moved to amend the 8th section of the bill, by adding at the end thereof, the following, viz.
"The Governor, during the recess of the General Assembly, for any good cause, shall have power to remove any or all of the said commissioners from office, and to supply vacancies occasioned by such removals, which appointments shall continue until other appointments are made by the General Assembly."

Which was not agreed to.

The question was then put,
Shall the bill now pass?

And decided in the negative. — Yeas 26. — Nays, 38.

Those voting in the affirmative, are Messrs. Blockburger, Butler, Carpenter of Sangamon, Clark, Cloud, Dawson, Dunn, Gordon,Gregory, Hackelton, Hamlin, Hampton, Harris, Henry, Hunt, Hunter, Lincoln, Moore, Owen, Ross, Stuart, Tunnell, Turney, Vandevanter, Wyatt and Mr. Speaker. — 26.

Those voting in the negative, are

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Messrs. Able, Blackford, Blackwell, Bowyer, Brown; Buckmaster, Carpenter of Hamilton, Craig Cunningham, Dubois, Elliott, Fithian, Frazer, Harreld, Hughes, Manly, Murphy, Nunnally, Oliver, Outhouse, Pace, Porter, Smith, Thompson, Trower, Webb, Whiteside, and Wren. — 28.

The engrossed bill entitled,
"An act to locate a part of the road leading from Hillsboro', to the Honey Point,"
Was read the third time.

Mr. Blockburger moved to amend said bill by adding the following, viz.
"The act to authorise the County Commissioners of Montgomery County, to change a certain State Road therein named, approved February 6th, 1835, be and the same is hereby repealed."

Which was agreed to.

The bill then passed.

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

And then the House adjourned.

Tuesday, December 22, 1835.

House met pursuant to adjournment.

Mr. Nunnally presented the petition of Fanny Ann Shaw, of Edgar County, praying a divorce from the banns of matrimony with Joshua S. Shaw,
Which was read, and
On his motion referred to a select committee.

Ordered, that Messrs. Nunnally, Porter and Hunter, be that committee.

Mr. Brown presented the petition of sundry citizens of Tazewell county, praying a certain State Road therein named.

And on his motion, the reading thereof was dispensed with, and the same referred to the committee on Petitions.

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Mr. Cloud from the committee on Enrolled Bills reported that they had laid before the Council of Revision bills of the of the following titles, viz.
"An act to amend an act entitled, an act to incorporate the Springfield and Alton Turnpike Road Company, approved March 1st, 1833."
"An act to provide for the sale of the land that has been selected in lieu of the 16th Section, in fractional Township 13 South, Range 3 West, in Union county."
Mr. Buckmaster from the select committee, to which was referred the petition of sundry citizens of Salu, relative to a change of the name of said town, reported a bill for
"An act to change the name of Salu,"
Which was read the first time, and
Ordered to a second reading,

Mr. Ross from the select committee, to which was referred the petition of Joseph S. King of Pike county, in relation to to the town plat of Boonville, reported a bill for
"An act concerning the Town of Boonville in the county of Pike."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Ross,
The rule of the House was dispensed with, and the bill read the second time by its title.

On the further motion of Mr. Ross,
The bill was referred to the committee on the Judiciary.

On motion of Mr. Moore,
Resolved, that the Committee on Public Accounts and Expenditures be required to examine and report the probable amount necessary for defraying the expenses of the State for the succeeding year, taking into consideration the probable increase of the expenses of the Legislature according to the resolution relative to the ratio of the same.

Mr. Wyatt gave notice that he should on to-morrow or some day thereafter ask leave to introduce a bill for
"An act for the benefit of Morgan county."

Mr. Craig gave notice that he should on some day after tomorrow ask leave to introduce a bill for
"An act for a State Road from the Mississippi River, near the Mouth of Muddy River, in Union County, to intersect the Brownsville and Jonesboro' Road, at or near James Harrelds, in Jackson County."

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Mr. Cunningham from the select committee, to which was referred the petition of sundry citizens of Coles county, praying for a certain thing therein named, Reported a bill for
"An act to re-locate apart of the State Road in Coles county," Which was read the first time, and
Ordered to a second reading.

Mr. Smith gave notice that he should on some day after tomorrow, ask leave to introduce a bill for
"An act to incorporate a company to construct a Rail Road or Turnpike Road from Mount Carmel on the Great Wabash River, to Alton on the Mississippi River.

Mr. Bowyer gave notice that he should on Thursday next, or some day thereafter, ask leave to introduce a bill for
"An act to incorporate the Franklin Institute.

Mr. Buckmaster gave notice that he will on Wednesday next or some day thereafter, ask leave to introduce a bill for
"An act to incorporate the Alton Shot and Lead Manufacturing Company."

The engrossed bills entitled,
"An act to relocate a part of the State Road leading from Springfield to Lewiston."
"An act to incorporate the President and Trustees of the Mount Carmel Academy."
"An act to locate a State road therein named."
"An act to authorise Samuel Witter to build a Toll Bridge."
"An act to locate a State Road from Frankfort via Vienna to Wilcock's Ferry in Johnson County."
"An act supplemental to an act entitled, an act for the relief of Insolvent debtors, approved January 12th, 1829."
"An act to incorporate the Chatham Manual Labor School."
And "an act concerning Schuyler County."

Were severally read the third time, and passed
Ordered, That the titles of the bill be as aforesaid, and that the clerk carry said bills to the Senate, and ask their concurrence therein.

The engrossed bill entitled,
"An act to locate a State Road between Mount Carmel in Wabash County and Maysville in Clay County."

Was read the third time; and
On motion of Mr. Frazer, Referred to a select committee.

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Ordered, That Messrs. Frazer, Hunt and Smith be that committe.

A message from the Senate by Mr. White their secretary,

"Mr. SPEAKER, — The Senate have concurred with the House of Representatives, in the adoption of the resolution, fixing the ratio of representation in the General Assembly of this State, according to the last State Census.

And then he withdrew.

The engrossed bill entitled,
"An act to incorporate the Morgan County Mutual Fire Insurance Company."

Was read the third time.

On motion of Mr. Cloud,
The 13th section of the bill was amended by filling up the blank with the name of "Bazaleel,"
On the question,
Shall said bill now pass?

It was decided in the affirmative. — Yeas 45. — Nays 7.

The Yeas and Nays being called for on the passage of this bill.

Those voting in the affirmative, are, Messrs. Able, Blackwell, Blockburger, Brown, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Dawson, Duboia, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hackelton, Hamlin, Harris, Henry, Hunt, Hunter, Lincoln, Manly, Moore, Murphy, Outhouse, Owen, Pace, Porter, Ross, Stuart, Smith, Trower, Tunnell, Turney, Vandevanter, Webb, Whiteside, Wood, Wren, Wyatt, and Mr. Speaker. — 45.

Those voting in the negative, are Messrs. Blackford, Bowyer, Craig, Cunningham, Nunnally, Oliver, and Thompson, — 7.

Ordered, That the title of the bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

A Message from the Senate by Mr. White their Secretary.

Mr. SPEAKER, I am directed to inform the House of Representatives, that the Senate have adopted the following resolution, in which they ask the concurrence of the House of Representatives, viz.
Resolved by the Senate and House of Representatives, that the Secretary of State be, and he is hereby authorised to send a messenger forthwith to Clay county, for the original returns

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of the Commissioner of the enumeration of the inhabitants of said county.

And then he withdrew.

On motion of Mr. Moore,
The rule of the House was dispensed with, and
The engrossed bill entitled,
"An act to incorporate the Alton, Jacksonville and Galena Turnpike Road Company;
Was read a third time by its title and passed.

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

On motion of Mr. Gregory,
The rule of the House was dispensed with, and the engrossed bill entitled,
"An act to incorporate a Company therein named."

Was read the third time by its title and passed.

On motion of Mr. Lincoln,
The title of the bill was now amended so as to read,
"An act to incorporate the Sangamon Fire Insurance Company."

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

The engrossed bill entitled,
"An act supplemental to an act to incorporate the Subscribers to the Bank of the State of Illinois,"
Was read the third time.

Mr. Lincoln moved to amend the bill by striking out the reservation in the 3rd Section, and adding the following as an additional Section, viz.
Sec. 5. The said corporation shall at the next Session of the General Assembly, and at each subsequent General Session during the existence of its charter, report to the same the amount of debts due from said corporation, the amount of debts due to the same; the amount of specie in its vaults and and an account of all lands then owned by the same, and the amount for which such lands have been taken; and moreover, if said corporation shall at any time neglect or refuse to submit its books, papers, and all and every thing necessary to a

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full and fair examination of its affairs, to any person or persons appointed by the General Assembly, for the purpose of making such examination, the said corporation shall forfeit its charter.

Mr. Moore called for a division of the question;
When the House adjourned until 2 o'clock P. M.

2 o'clock P. M.

House met pursuant to adjournment.

Mr. Craig moved that the House adjourn.

Which was not agreed to.

The question pending at the adjournment of the House, to to strike out and insert, was first put upon striking out, And was decided in the negative.

Mr. Smith moved to amend the amendment by striking out all after the word "Taken"
Which was not agreed to.

The question was then taken upon the amendment and not agreed to. — Yeas 15. — Nays 34.

The Yeas and Nays being called for,
Those voting in in the affirmative, are
Messrs. Cloud, Dunn Gordon, Hackelton, Henry, Lincoln, Murphy, Nunnally, Oliver, Porter, Stuart, Thompson, Tunnell, Turney, and Vandevanter, — 15.

Those voting in the negative, are, Messrs. Able, Blackford, Blackwell, Bowyer, Brown, Buckmaster, Butler, Carpenter of Hamilton, Clark, Craig, Cunningham, Dawson, Dubois, Elliott, Frazer, Gregory, Hamin, Hampton, Harreld, Harris, Hughes, Hunt, Hunter, Manly, Moore, Outhouse, Owen, Pace, Smith, Trower, Webb, Whiteside, Wood and Wren. — 34.

Mr. Buckmaster moved to amend the 3rd Section by adding at the end thereof the following, viz.
"Provided, when such extension shall be required by said bank, then and in that case the bank shall pay 20 per cent damages, for the benefit of the person or persons presenting the notes or demands for redemption,"

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Which was decided in the negative. — Yeas 11. — Nays 39.

The Yeas and Nays being called for
Those voting in the affirmative, are,
Messrs. Blockburger, Buckmaster, Cloud, Craig, Hughes, Hunter, Nunnally, Porter, Tunnell, Turney, and Wren. —11.

Those voting in the negative, are,
Messrs. Able, Blackford, Blackwell, Bowyer, Brown, Butler, Carpenter of Hamilton, Clark, Cunningham, Dawson, Dubois, Dunn, Elliott, Frazer, Gordon, Gregory, Hackelton, Hamlin, Hampton, Harreid, Harris, Henry, Hunt, Lincoln, Manly, Moore, Murphy, Oliver, Outhouse, Owen, Pace, Stuart, Smith, Thompson, Trower, Vandevanter, Webb, Whiteside, and Wood. — 39.

The bill then passed.

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

The resolution from the Senate relative to the census of Clay county, was read; when Mr. Moore moved to amend the resolution by adding the following, viz.
"And that the expenses of said messenger be paid by the censor of said county," Which was not agreed to.

The resolution was then concurred in.

Ordered, That the clerk inform the Senate thereof.

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

Mr. SPEAKER:
The Senate have concurred with the House of Representtives in the passage of the bill entitled.

"An act to locate a State Road through Calhoun and Pike Counties, to Rushville in Schuyler County; and have amended the title of said bill so as to make it an act to locate a State Road from Gilead in Calhoun County, to Rushville in Schuyler County;" in which amendment they ask the concurrence of the House of Representatives.

And then he withdrew.

The engrossed bills entitled,
"An act concerning the School Fund;" and
"An act to incorporate the Danville Academy."

Were severally read a third time and passed.

Ordered, That the titles of said bills be as aforesaid, that the clerk carry said bills to the Senate, and ask their concurrence therein.

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The bill from the Senate as amended entitled;
"An act to incorporate the Marseilles Manufacturing Company."

Was read a third time and passed.

The Yeas and Nays being required upon the passage of this bill,
Those voting in the affirmative, are
Messrs. Able, Blackwell, Block burger, Brown, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Dawson, Dubois, Dunn, Fithian, Frazer, Gordon, Gregory, Hamlin, Harreld, Harris, Hunt, Lincoln, Outhouse, Owen, Pace, Porter, Ross, Stuart, Smith, Trower, Webb, Whiteside, and Mr. Speaker. — 32.

Those who voted in the negative, are Messrs. Blackford, Bowyer, Cloud, Craig, Cunningham, Elliott, Hackelton, Hamlin, Henry, Hughes, Hunter, Moore, Murphy, Nunnally, Oliver, Thompson, Tunnell, Vandevanter and Wood. — 19.

Mr. Vandevanter moved that the House adjourn,
Which was not agreed to.

The engrossed bill entitled,
"An act simplifying the mode of acknowledgment of Sheriffs' Deeds."

Was read the third time, when
On motion of Mr. Stuart,
The bill was amended by adding the following,
"Sec. 4. That where, a Sheriff or other Officer has heretofore executed a deed for lands or tenements sold by him by virtue of any execution, and has failed or neglected to acknowledge the same as provided by law; the due execution of such deed may be proved before the Clerk of the Circuit Court for the county of which he was such Sheriff or other Officer, by the testimony of any subscribing witness to such deed, or if there be no subscribing witness, then by proof of the hand writing of such Sheriff or other officer, and the Clerk's certificate of such proof shall be deemed prima facie evidence of the execution of such deed."

The bill was then passed
Ordered, That the title of the bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

A message from the Senate by Mr. White their secretary;

Mr. SPEAKER, I am directed, to inform the House of Representatives,

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that the Senate have concurred with the House of Representatives in the adoption of the resolutions having for their object the improvement of the navigation of the Great Wabash River as amended by them, in which amendment they ask the concurrence of the House of Representatives.

Amended by striking out the second resolution, and the following words out of the 3rd resolution, viz.
"That our said Senators and Representatives use exertions to obtain from Congress an appropriation for the object herein stated."

And by adding the following as a second resolution, viz.
Resolved, that our said Senators be instructed and our Representatives be requested to procure a donation of land for the object herein stated; and
On motion of Mr. Webb, The rule of the House was dispensed with, and The bill entitled,

"An act concerning Marks and Brands."

Was read the second time by its title; and
And on the further motion of Mr. Webb,
Referred to a select committee.

Ordered, That Messrs. Webb, Moore and Wood be that committee.

The bill entitled,
"An act concerning Fees."

Was read the second time, and
On motion of Mr. Gordon,
Referred to a select committee.

Ordered, That Messrs. Gordon, Buckmaster and Clark be that committee.

The bill entitled,
"An act to incorporate the Illinois Emigrant's Company."

Was read the second time.

On the question,
Shall said bill be engrossed and read the third time?

It was decided in the negative, — Yeas, 16. — Nays, 25.

The Yeas and Nays being called for on this question,
Those voting in the affirmative, are Messrs. Blackford, Blockburger, Bowyer, Buckmaster, Dunn, Elliott, Frazer, Hamlin, Harreld, Harris, Murphy, Outhouse, Owen, Smith, Vandevanter and Whiteside. — 16.

Those voting in the negative, are

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Messrs. Brown, Butler, Carpenter of Sangamon, Clark, Craig, Cloud, Dubois, Fithian, Gordon, Gregory, Hackelton, Hampton, Henry, Hunt, Hunter, Lincoln, Moore, Oliver Pace, Porter, Stuart, Trower, Wood, Wren and Mr. Speaker. — 25.

Mr. Moore moved that the House adjourn.

Which was not agreed to.

The bills entitled,
"An act concerning the Public Square in the Town of Jacksonville."
"An act to district the County of Madison."
"An act to locate a State Road from Quincy to Macomb."
And "an act for the benefit of the inhabitants of fractional range eleven in White county."

Were severally read the second time, and
Ordered to be engrossed and read a third time.

The bills entitled,
"An act to amend an act entitled an act to authorise William Stadden to erect a Mill Dam across Fox River;" approved February, 12, 1833."

Was read the second time, and
On motion of Mr. Hamlin,
Referred to a select committee.

Ordered that Messrs. Hamlin, Hughes, and Buckmaster, be that committee.

Mr. Vandevanter moved that the House adjourn.

Which was not agreed to.

On motion of Mr. Hackelton, the rule of the House was was dispensed which, and the bill entitled
"An act to incorporate the Warsaw, Peoria and Wabash Rail Road Company, was read a second time by its title; And on the further motion of Mr. Hackelton.

Referred to a select committee.

Ordered, That Messrs. Hackelton, Brown and Elliott be that committee.

The bill, entitled;
"An act to distribute the Revised Laws of 1833."

Was read the second time, and
On motion of Mr. Cloud,
Referred to a select committee.

Ordered, That Messrs. Cloud, Blockburger and Smith be that committee.

The bill entitled,

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"An act apportioning the residuum of the Vermillion Saline Lands," Was read the second time, and On motion of Mr. Gregory,
Referred to a select committee.

Ordered, That Messrs. Gregory, Harris, and Murphy be that committee.

The bill entitled,
"An act to amend an act, concerning Justices of the Peace and Constables."

Was read the second time.

On motion of Mr. Manly, said bill was laid on the table, until the fourth day of July next.

Mr. Dubois moved that the House adjourn:
Which was not agreed to.

The bill entitled,
"An act for the benefit of Simon M. Hubbard,"
Which was read the second time, and On motion of Mr. Bowyer.

Referred to a select committee.

Ordered, That Messrs Bowyer, Wren and Craig, be that committee,
The bill entitled,
"An act to amend an act concerning Public Roads,"
Was read the second time, and
On motion of Mr. Gregory,
Referred to a select committee.

Ordered, That Messrs. Gregory, Smith and Owen, be that committee.

On motion of Mr. Moore.

The rule of the House was dispensed with, and the bill entitled,
"An act to authorise certain persons therein named to make Deeds."

Was read the second time by its title; and
On motion of Mr. Murphy, Referred to a select committee.

Ordered, That Messrs. Murphy, Webb and Stuart be that committee.

Mr. Cloud, from the select committee, to which was referred the resolution in relation to the apportionment of the representation of this State, reported a bill for

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"An act to apportion the representation of the several counties of this State,"
And then the House adjourned.

Wednesday, December 23, 1835.

House met pursuant to adjournment.

Mr. Murphy presented the petition of sundry citizens of Perry county, praying a change in certain State Roads therein named; and On his motion the reading thereof was dispensed with, and the same was referred to a select committee.

Ordered, That Messrs. Murphy, Wren and Craig, be that committee.

Mr. Gregory from the Committee on Education to which was referred the bill entitled,
"An act to provide for the application of the Interest of the fund arising from the sale of the school lands belonging to the several townships in this State, approved February 7, 1835." Reported "That your committee are satisfied, that in many townships the citizens would be better and more satisfactorily accommodated, by having and controlling the township fund.

They are also satisfied, that a general law, giving to each township its funds, to be managed and controlled in the several townships throughout the State, would be making a great multiplicity of officers, who would have to serve with little or no remuneration, or very much diminish the avails of the school fund.

Your committee are also of opinion, that although some townships might manage the funds judiciously, there would probably be many where the funds would not be frugally and properly managed; and that the fund parcelled out to the several townships, cannot be as safely guarded as in the hands of county school commissioners, who are under the supervision and control of the county commissioners of the counties.

Your committee, have therefore, with this view of the subject

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directed me to report unfavorably to the passage of the bill."

On motion of Mr. Smith,
The bill was amended by adding the following section, viz.
"Sec. 5. That the provisions of this act shall be construed to extend to all fractional townships in this State," On the question,
Shall said bill be engrossed as amended, and read a third time?

It was decided in the affirmative, — Yeas 31. — Nays 20.

The Yeas and Nays being called for
Those voting in the affirmative, are
Messrs. Able, Blackford, Blackwell, Bowyer, Brown, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Dawson, Fithian, Hackelton, Hampton, Harreld, Harris, Hughes, Hunter, Manly, Moore, Nunnally, Oliver, Outhouse, Smith, Trowcr, Tunnell, Turney, Vandevanter, Whiteside, Wyatt, and Mr. Speaker. — 31.

Those voting in the negative, are
Messrs. Butler, Craig, Dubois, Dunn, Elliott, Frazer, Gordon, Gregory, Hamlin, Henry, Hunt, Lincoln, Murphy, Owen, Pace, Porter, Ross, Stuart, Thompson and Wood. — 20.

Mr. Stuart from the committee of Petitions, to which was referred the Petition of sundry citizens of Pike county, praying a change in the times of holding the circuit court of said county, reported a bill entitled,
"An act to change the times of holding the Circuit Court, in the County of Pike," Which was read the first time, and
Ordered to a second reading.

Mr. Dunn from the committee on the Judiciary, to which was referred the bill entitled,
"An act to re-locate the Penitentiary."

Reported the game back to the House with several amendments, which were read, and
On motion of Mr. Stuart,
The bill and report of the committee on the Judiciary were referred to a committee of the Whole House, and made the order of the day for tomorrow.

Mr. Dunn from the committee on the Judiciary, to which was referred the petition of David McKee, praying certain relief, Reported a bill entitled,

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"An act for the benefit of David McKee."

Which was read the first time, and
Ordered to a second reading.

Mr. Dunn, from the committee on the Judiciary, to which was referred the bill entitled,
"An act to enable proprietors of real estate, under certificates, to assign the same:" reported the same without amendment and recommended the passage of the bill.

The bill was then ordered to be engrossed for a third reading. Mr. Dunn from the committee on the Judiciary, reported a bill entitled.

"An act to appoint Commissioners out of the State,"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Dunn,
The rule of the House was dispensed with, and said bill
Was now read the second time by its title, and
On the further motion of Mr. Dunn, Referred to a committee of the whole House, and made the order of the day for tomorrow.

Mr. Dunn from the committee on the Judiciary, to which was referred a resolution relative to depositing the School Fund and the State Revenue in the Branch of the Bank of Illinois, at Vandalia; reported, that in their opinion it is, at this time, inexpedient to provide by law for making such deposite.

Mr. Manly from the select committee, to which was referred the petitions and remonstrances of sundry citizens of Clark county, for and against the removal of the county seat of said county, Reported a bill entitled,
"An act to re-locate the Seat of Justice for Clark county," Which was read the first time; and
Ordered to a second reading.

On motion of Mr. Manly,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
Ordered be engrossed and read a third time.

Mr. Moore from the select committee, to which was referred the bill entitled,
"An act for the protection of Stock against Castor Beans."

Reported back to the House a substitute,

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Which was read.

Mr. Buckmmaster moved to amend said substitute by striking out "50" and inserting "25" which was agreed to.

The substitute as amended was then concurred in.

Ordered to be engrossed and read a third time.

Mr. Frazer from the select committee, to which was referred the bill entitled,
"An act to locate a State Road between Mount Carmel in Wabash county, and Maysville in Clay county," reported the same back to the House with amendments, Which were read and concurred in.

The bill then passed.

Ordered that the title of the bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein, Mr. Owen from the select committee, to which was referred the petition of sundry citizens of Hancock county, praying a certain State Road therein named, reported a bill entitled,
"An act to locate a State Road from Commerce, in Hancock County, to Peoria,"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Hackelton,
The rule of the House was dispensed with, and said bill was now read a second time by its title, and
On the further motion of Mr. Hackelton, Referred to a select commitee.

Ordered, That Messrs. Hackelton, Owen and Hamlin be that committee.

Mr. Gordon in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act to change the mode of listing taxable property in this State," Which was now read the first time, and
Ordered to a second reading.

On motion of Mr. Manly,
The rule of the House was dispensed with, and said bill was now read a second time by its title, And on the further motion of Mr. Manly, Referred to a select Committee of five.

Ordered, That Messrs. Manly, Gordon, Tunnell, Clark, and Bowyer be that committtee.

The bill entitled,
"An act to apportion the representation of the several counties

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in this State," reported on yesterday evening by Mr. Cloud from the select committee, appointed on that subject, Was read the first time, and
Ordered to a second reading.

On motion of Mr. Ross,
The rule of the House was dispensed with, and said bill was now read a second time by its title, and
On the further motion of Mr. Ross, The said bill was now laid upon the table, and 100 copies thereof ordered to be printed; and also 100 copies of the abstract of the returns of the census of this State.

On motion of Mr. Hughes,
Resolved by the House of Representatives, (the Senate concurring herein) That both Houses will meet in the Hall of the House of Representatives on the 24th of this instant, at the hour of two o'clock, and proceed to the election of an Auditor of Public Accounts.

Ordered, That the clerk inform the Senate thereof, and ask their concurrence therein.

Mr. Nunnally, in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to improve a certain Road in Edgar County."

Which was read the first time, and
Ordered to a second reading.

Mr. Butler in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to locate a State Road from Monmouth in Warren County, to Carthage in Hancock County,"
Which was read the first time, and
Ordered to a second reading.

Mr. Wyatt gave notice, that on this day he will ask leave to introduce a bill for
"An act concerning the Gallatin County Saline Lands."

Mr. Carpenter of Hamilton, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act to incorporate the Shawneetown and Alton Rail Road Company." Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Moore.

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

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On the further motion of Mr. Moore,
Referred to a select Committee of five.

Ordered, That Messrs. Moore, Carpenter of Hamilton, Outhouse, Pace and Buckmaster be that committee.

A message from the Senate by Mr. White their Secretary

Mr. SPEAKER, — The Senate have passed a bill entitled:
"An act making Partial Appropriations,"
In which they ask the concurrence of the House of Representatives.

And he withdrew.

Mr. Trower gave notice, that on Friday next, or some day thereafter, he will ask leave to introduce a bill entitled,
"An Act concerning the 16th Section, Township 16 North, Range 2 East of the third principal meridian in the County of Macon;" and also,
"An act to establish a State Road from Carthage in Hancock County, to the Mississippi River, opposite Madison in Wisconsin Territory."

And then the House adjourned until 2 o'clock, P. M.

2 o'clock P. M.

House met pursuant to adjournment.

Mr. Wyatt, in pursuance of previous notice given, asked and obtained leave to introduce a bill entitled,
"An act relating to the Gallatin County Saline Lands,
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Webb,
The rule of the House was dispensed with, and said bill was now read a second time by its title; and
On the further motion of Mr. Webb,
Referred to the committee on Salines.

Mr. SPEAKER laid before the House a communication from the Secretary of State, which was read as follows, viz.

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STATE DEPARTMENT,
Vandalia, December 21, 1835.

To the Honorable,
The Speaker of the House of Representatives;

SIR, I have the honor herewith to transmit to the House of Representatives the returns of the Census, from the counties of Calhoun and Rock-Island, being complete returns of those that I have transmitted heretofore from all the counties in the State, except the county of Knox.

I have the honor to be, Sir,
Your obedient Servant,
A. P. FIELD, Secretary of State.

And on motion of Mr. Dubois,
Laid upon the table.

Mr. Whiteside from the select committee, to which was referred the bill from the Senate entitled,
"An act to incorporate the Stockholders of the Alton Exporting Company."

Reported the same back to the House with several amendments; Which were read and concurred in,
Ordered to a third reading as amended.

The bill from the Senate entitled,
"An act making partial appropriations,"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Frazer,
The rule of the House was dispensed with, and said bill was now read the second time by its title.

Mr. Gordon moved to lay said bill upon the table until the 4th day of July next.

Which was not agreed to — Yeas 23. — Nays, 26.

The Yeas and Nays being called for upon this motion;
those voting in the affimative, are Messrs. Brown, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Dubois, Fithian, Gordon, Hamlin, Harris, Huges, Moore, Owen, Pace, Ross, Smith, Thompson, Webb, Whiteside, Wyatt, and Mr. Speaker — 23.

Those voting in the negative, are Messrs.Able, Blackford, Blackwell, Craig, Dawson, Dunn, Elliot, Frazer, Gregory, Hackelton, Hampton, Harreld, Henry, Hunt, Hunter, Manly, Murphy, Nunnally, Oliver,

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Outhouse, Porter, Stuart, Trower, Vandevanter, Wood and Wren. — 26.

Mr. Carpenter of Hamilton moved to amend said bill by striking out the word "100" and inserting the word "50" Which was not agreed to.

Ordered to a third reading.

Mr. Murphy from the select committee, to which was referred the bill entitled;
"An act to authorise certain persons therein named to make Deeds,"
Reported the same back to the House without amendment.

Ordered to be engrossed and read a third time.

Mr. Tunnell gave notice, that he should on Monday next, or some day thereafter, ask leave to introduce a bill, for
"An act relating to a road therein named."

The amendments of the Senate to the resolutions from the House of Representatives in relation to the improvement of the Great Wabash River, were read,
On the question, Will the House concur with the Senate in their amendments to said resolutions.

It was now decided in the affirmative. — Yeas 80, — Nays 32. The Yeas and Nays were called for on this question.

Those voting in the affirmative are Messrs. Able, Blackford, Bowyer, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Craig, Dawson, Frazer, Hackelton, Hampton, Harreld, Harris, Henry, Hughes, Murphy, Nunnally, Oliver, Outhouse, Owen, Porter, Ross, Tunnell, Vandevanter, Whiteside, Wyatt, and Mr. Speaker. — 30.

Those voting in the negative, are Messrs. Blackwell, Brown, Dubois, Dunn, Elliott, Fithian, Gordon, Gregory, Hamlin, Hunt, Hunter, Lincoln, Manly, Moore, Pace, Stuart, Smith, Thompson, Trower, Webb, Wood and Wren. — 22.

Ordered, That the clerk inform the Senate thereof.

The resolution from the Senate in relation to the right of preemption on the unsurveyed as well as surveyed public lands, Was read and concurred in.

Ordered, That the clerk inform the Senate thereof.

The resolution from the Senate in relation to the Auditor contracting with H. Hatch for copies of a map of the State of Illinois, compiled by N. Sanburn.

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Was read and concurred in.

Ordered, That the clerk inform the Senate thereof, The bill from the Senate as entitled;
"An act concerning Forcible Entry and Detainer," approved Feb. 2, 1827.

"An act to amend an act entitled an act to incorporate the Colleges therein named."

"An act for the relief of the Sheriffs therein named."

"An act to lay out a State Road therein named."

"An act to establish a State Road from Maysville to Shelbyville," and
"An act to locate a State Road from the termination of the Indiana State Road to Ottowa." Were severally read the first time, and passed.

Ordered to a second reading.

Mr. Dunn, from the committee on the Judiciary, to which was referred the bill entitled,
"An act concerning the Town of Boonville, in the County of Pike."

Reported the same without amendment, and recommended the passage of the bill.

The bill was then; ordered to be engrossed for a third reading.

The bill from the Senate entitled,
"An act making compensation to the person therein named" Was read the first time, and
Ordered to a second reading,
On motion of Mr. Webb,
The rule of the House was dispensed with, and
The bill read the second time by its title;
On motion of Mr. Craig,
The bill was referred to a select committee.

Ordered, That Messrs. Craig, Carpenter of Hamilton, and and Thompson be that committee.

The amendment of the Senate to the title of the bill entitled
"An act to locate a State Road through Calhoun and Pike Counties, to Rushville in Schuyler county."

Was read and concurred in.

Ordered, That the clerk inform the Senate thereof
The engrossed bills entitled,
"An act concerning the Public Square in the Town of Jacksonville," and
"An act for the benefit of the inhabitants of fractional range eleven, in White county."

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Were severally read the third time and passed.

Ordered, That the title of the bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

The engrossed bills entiled,
"An act to district the County of Madison," Was read the third time; and On motion of Mr. Buckmaster,
Referred to a select committee.

Ordered, That Messrs. Buckmaster, Hughes and Whiteside be that committee.

The engrossed bill entitled,
"An act to locate a State Road from Quincy to Macomb," Was read the third time, when On motion of Mr. Owen,The bill was amended by filling the blank with the word"Kane."

The bill was then passed
Ordered, That the titles of the bill be as aforesaid, and that the clerk inform the Senate thereof, and ask their concurrence therein.

The bills entitled,
"An act to change the name of Salu."
"An act to relocate apart of the State Road in Cole
county," Were severally read the second time, and
Ordered to be engrossed for a third reading.

The House then resolved itself into a committee of the Whole House, on the resolution in relation to the claim of Rene Paul and others, and after some time spent therein, Mr. Speaker resumed the Chair, and Mr. Wyatt reported that the Committee of the Whole House had, according to order, had said resolution under consideration, and had amended the same by striking out all after the words "instructed to" and insert the following: "bring in a bill compensating Rene Paul and others for services rendered this State, in surveying the route of the Illinois and Michigan Canal," In which amendment he was directed to ask the concurrence of the House.

On the question, will the House concur in the report of the committee of the Whole House?

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It was decided in the affirmative.

The resolution as amended was then adopted.

On motion of Mr. Smith,
The vote taken on Monday last on the passage of the bill entitled,
"An act for the construction of the Illinois and Michigan Canal," was reconsidered.

And then the House adjourned.

Thursday, December 24, 1835.

House met pursuant to adjournment.

A message from the Senate by Mr. White their secretary:

Mr. SPEAKER, The Senate have passed bills of the following titles, viz.
"An act to authorize John Boles and James L. Kirkpatrick to build a bridge across Fever river;"
"An act to amend an act entitled an act to provide for the distribution and application of the interest on the School, College and Seminary Funds."
"An act to incorporate McDonough College," and
"An act to incorporate the Bellville and Mississippi Rail Road Company;" In which they ask the concurrence of the House of Representatives.

They have concurred with the House of Representatives in the passage of a bill entitled:
"An act to locate a Road from Quincy in Adams, to Pittsfield in Pike county."

And have amended the title of said bill by, inserting the word "county" after the word "Adams" in which amendment they ask the concurrence of the House of Representatives.

They have also adopted the following Preamble and Resolutions.

"Whereas there was granted to the People of the State of Illinois, by the Congress of the United States, upon their admission

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into the Union, five per cent of the nett proceeds of all the Public Lands sold within the State; two-fifths of which was to be laid out by Congress in making public roads to this State. And whereas there is now in progress through this State, a continuation of the Great Cumberland or National Road, which proceeds but tardily, in consequence it is believed, of the low price offered for labor on said road; and whereas also the Government of the United States has authorised the the offering of much higher prices for labor on the Great Red River Raft, than is offered on the aforesaid Road. Therefore
Resolved, That our Senators and Representatives in Congress be requested to use their exertions to procure such pay for labor on said road, as will insure a vigorous prosecution and speedy completion of the road through the State to Alton, as contemplated.

Resolved, That it is, in our opinion, an act of injustice to the State of Illinois, to afford greater facilities to other portions of the Union, of public works than has been offered to this State, in the instance of the road above alluded to.

Resolved, That an increase of pay for labor on the National Road is necessary, in order to procure that labor, and make the work in any reasonable time.

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

And he withdrew.

Mr. Cloud from the committee on enrolled bills, reported as correctly enrolled, bills of the following titles, viz.
"An act to incorporate the Beardstown and Sangamon Canal Company."
"An act to re-locate a part of the State Road leading from Crow's, in Morgan County, to Musick's Bridge, in Sangamon County."
"An act supplemental to an act to incorporate the Springfield and Alton Turnpike Road Company."
"A resolution on the subject of improving the navigation of the Kaskaskia River."
A resolution on the subject of surveys of private land claims."

Mr. Hamlin presented the petition of Joseph Laframbois, praying the right to sell certain land, Which was read, and
The same was referred to a select committee.

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Ordered, That Messrs. Hamlin, Turney and Webb be that committee.

Mr. Hamlin also presented the petition of William Kirkpatrick, praying a certain State Road, the reading whereof was on his motion, dispensed with, and the same was referred to the committee on Petitions.

Mr. Stuart from the committee on Petitions, to which was referred the petitions and remonstrances of sundry citizens of Vermillion county, for and against an alteration of the Vincennes and Chicago State Road, recommended a rejection of the prayer of said petitioners.

Which was agreed to.

Mr. Frazer presented the petition of sundry citizens of
Marion connty, praying the passage of
"An act to authorise Samuel Witter to build a Toll Bridge." And on his motion the reading thereof was dispensed with, and the same was laid on the table.

Mr. Nunnally from the select committee, to which was referred the petition of Fanny Ann Shaw, praying a divorce, &c reported a bill entitled,
"An act to divorce and change the name of persons therein named."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Manly, The rule of the Mouse was dispensed with, and the bill read the second time by its title.

On the further motion of Mr. Manly,
Referred to the committee of the Whole House, and made the order of the day for tomorrow.

Mr. Craig from the select committee, to which was referred the bill from the Senate entitled,
"An act making compensation to the person therein named." Reported the same back to the House without amendment, and recommend its passage.

Ordered to a third reading.

Mr. Hamlin from the select committee, to which was referred the bill entitled,
"An act to amend an act entitled, an act to authorise Willam Stradden to erect a Mill Dam across Fox River; approved Feb. 12, 1833."

Reported the same back to the House without amendment.

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Ordered to be engrossed for a third reading.

Mr. Blockburger in pursuance of previous notice asked and obtained leave to introduce a bill entitled,
"An act to incorporate the Alton, "Wabash and Erie Canal Rail Road company."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Buckmaster,
The rule of the House was dispensed with, and said bill was now read the second time by its title, and
On the further motion of Mr. Buckmaster, Referred to a select committee.

Ordered, That Messsrs. Buckmaster, Blockburger and Cunningham be that committee.

Mr. Hackelton from the select committee, to which was referred the bill entitled,
"An act to locate a State road from Commerce in Hancock county to Peoria."

Reported the same back to the House with an amendment.

Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Gregory from the select committee to which was referred the bill entitled,
"An act to amend an act concerning Public Roads."

Reported the same back to the House with an amendment, Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Stuart from the committee on Petitions, to which was referred the petition of sundry citizens of Tazewell county, praying a certain State Road, reported a bill entitled,
"An act to locate a State Road from Liberty to Tremont."

Which was read the first time, and
Ordered to a second reading.

Mr. Murphy gave notice that on Friday next or some day thereafter, he will ask leave to introduce a bill for
"An act authorising and requiring the Guardian of Mary, Sarah and Samuel B. Murphy, infant heirs of Robert B. Murphy, deceased, to make a deed for certain lands."

Mr. Tunnell in pursuance of previous notice, asked and obtained leave to introduce a bill entitled
"An act making Clerks of County Commissioners' Court elective."

Which was read the first time.

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Mr.Craig moved to lay said bill upon the table until the 4th day of July next.

Which was not agreed to.

Ordered to a second reading.

Mr. Manly moved, That rule of the House be dispensed with, and said bill be now read a second time by its title, and Which was not agreed to.

On motion of Mr. Murphy
Resolved by the house of Representatives (the Senate concurring herein!) That a joint committee of five be appointed, three on the part of the House of Representatives, an, twoon the part of the Senate, to inquire into the expediency of changing the times of holding the circuit courts in the third judicial circuit, and that they report by bill or otherwise.

Ordered, That Messrs. Murphy, Dunn and Frazer be the committee on the part of the House.

Ordered, That the clerk inform the Senate thereof, and ask their concurrence therein.

Mr. Wyatt proposed for adoption the following preamble and Resolution, viz.
Whereas the members of the present General Assembly were convened by proclamation of the Executive of this State, and as has been generally believed, for specific legislative action, viz. on the subject of the Michigan and Illinois Canal, and the Apportionment of Representation: and whereas the people of this State have good grounds to believe and expect the present Session to be a short one; therefore
Resolved by this General Assembly, that no new business will be received by either branch after the 25th instant, and that this General Assembly will adjourn sine die, on the 6th day of January 1836.

Mr. Moore moved to lay said preamble and resolution upon the table.

Which was agreed to — Yeas 28. — Nays 25.

The Yeas and Nays being called for

Those voting in the affirmative, are Messrs. Blackwell, Blockburger, Brown, Buckmaster, Butler, Carpenter of Sangamon, Craig, Dawson, Frazer, Gordron, Gregory, Hackelton, Hunt, Hunter, Lincoln, Manly, Moore, Murphy, Nunnally, Oliver, Outhouse, Owen, Trower, Vandevanter, Webb, Wood, Wren and Mr. Speaker — 28.

Those voting in the negative, are

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Messrs. Able, Blackford, Bowyer, Clark, Cloud, Cunningham, Dubois, Dunn, Elliott, Fithian, Hampton, Harreld, Hamlin, Harris, Henry, Hughes, Pace, Porter, Ross, Stuart, Smith, Thompson, Tunnell, Turney and Wyatt. — 25.

The bill from the Senate entitled,
"An act to locate a State Road from Quincy in Adams, to Pittsfield in Pike County."

Was now read the first time, and
Ordered to a second reading.

On motion of Mr. Ross,
The rule of the House was dispensed with, and said bill, was now read the second time by its title, and
On the further motion of Mr. Ross,
Referred to a select committee.

Ordered, That Messrs. Ross, Nunnally and Able be that committee.

The bill from the Senate entitled;
"An act to incorporate the Bellville and Mississippi Rail Road Company,"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Moore,
The rule of the House was dispensed with, and said bill was, now read a second time by its title,
On the further motion of Mr. Moore,
Referred to a select Committee of five.

Ordered, That Messrs. Moore, Hughes and Pace be that, committtee.

The bill from the Senate entitled,
"An act to incorporate the McDonough College,"
Was read the first time; and
Ordered to a second reading.

On motion of Mr. Butler,
The rule of the House was dispensed with, and said bill was now read a second time by its title; and
On motion of Mr. Butler, Referred to a select committee.

Ordered, That Messrs. Butler, Owen, and Hackelton be that committee.

The bill from the Senate entitled,
"An act to amend an act entitled an act to provide for the distribution and application of the Interest on the School, College and Seminary Funds."

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Was read the first time, and
Ordered to a second reading.

The bills from the Senate entitled,
"An act to authorise John Boles and James Kirkpatrick to build a Bridge across Fox River," Was read the first time, and
Ordered to a second reading.

The preamble and resolutions from the Senate relative to the price of labor on and the continuation of the Cumberland Road, &c.
Were read and concurred in.

Ordered that the clerk inform the Senate thereof.

And then the House adjourned until 2 o'clock, P. M.

2 o'clock P. M.

House met pursuant to adjournment.

Mr. Moore from the select committee, to which was referred the bill from the Senate entitled,
"An act to incorporate the Bellville and Mississippi Rail Road Company".

Reported the same back to the House without amendment,
Ordered to a third reading.

On motion of Mr. Moore,
The rule of the House was dispensed with, and said bill was now read the third time by its title, and passed.

Ordered, That the title of the bill be as aforesaid, that the clerk inform the Senate thereof.

Mr. Hackelton from the select committee, to which was referred a bill entitled,
"An act to incorporate the Warsaw, Peoria and Wabash Rail Road Company,"
Reported the same back to the House without amendment.

Ordered to be engrossed for a third reading.

Mr. Owen gave notice that he should on to-morrow or some day thereafter ask leave to introduce a bill for
"An act to locate a State Road from Rushville to Commerce,"

148

Mr. Stuart from the committee of Petitions, to which was referred the Petition of sundry citizens of Cook county, praying the formation of a new County out of the County of Cook, &c. made a report, as follows, to wit: "
They have directed me to report the facts connected with the petition for the consideration of this House. They find that the number of petitioners, who have prayed for the division aforesaid, does not amount to a majority of the voters of the counties sought to be divided, although the petition is large and respectable, they find that the requisite notice has been given, and the law approved December 26th, 1826. entitled, an act requiring persons who petition the General Assembly, to give certain notices before such petitions are finally acted upon;" has been complied with in every particular, excepting in having a majority of the qualified voters of the counties sought to be divided.

The committee in their former action upon similar petitions have ever held that the law referred to should be strictly complied with.

They believe its provisions wise and salutary, but they doubt not that this Legislature can repeal said law, or dispensed with its provisions, in any particular case, should that case present facts, that call urgently for such a course.

In the present instance, from the number of the petitioner the peculiar hardships of their situation, this committee have thought proper to direct me, to report a bill and submit the same to such action as this House may think proper to adopt.

I am directed further to say, that this committee do not by so reporting wish themselves understood as committed to support the bill upon its final passage.

And also reported a bill entitled,
"An act to establish the County of Will."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Hamlin,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
On the further motion of Mr. Hamlin, Referred to a select committee of five.

Ordered, That Messrs. Hamlin, Hackelton, Fithian, Butler and Boss be that committee.

Mr. Cunnigham gave notice, that on to-morrow or some day thereafter, he will ask leave to introduce a bill for

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"An act to authorise John Gordon of Coles County to make a Deed to a certain tract of land therein named."

The engrossed bill entitled,
"An act for the construction of the Illinois and Michigan Canal," Coming up for consideration.

Mr. Sturat moved to amend the bill by striking out the 7th and 8th Sections, and insert the following viz.,
Sec. 7. The Governor of the State, by and with the advice of the Senate, shall appoint three practical and skilful persons to constitute a board, to be known under the style and description of the "Board of Commissioners of the Illinois and Michigan Canal," and he shall designate one of such Commissioners to be President thereof, one to be Treasurer, and one to be Acting Commissioner; and the Governor shall fill such vacancies as may occur in the Board during the recess of the Legislature. And said Commissioners when thus appointed shall hold their offices for one year, and until their successors are appointed, and shall be elected or appointed biennially thereafter, as the next Legislature may decide,
Sec. 7. The Governor shall have power to remove from office any Canal Commissioner, at his discretion, and shall assign his reasons therefor, in a report to the next legislature thereafter.

Mr. Turney called for a division of the question,
The question was then taken upon striking out,
And was decided in the negative. — Yeas 24. — Nays 31.

The Yeas and Nays being called for upon this question.

Those voting in the affirmative, are Messrs. Blackford, Blackwell, Brown, Butler, Carpenter of Hamilton, Dawson, Dubois, Elliott, Fithian, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Moore, Outhouse, Owen, Ross, Stuart, Smith, Webb and Wood. — 34.

Those voting in the negative, are, Messrs. Able, Blockburger, Bowyer, Buckmaster, Carpenter of Sangamon, Clark, Cloud, Craig, Cunningham, Dunn, Frazer, Hackelton, Hampton, Harris, Hughes, Hunter, Manly,Murphy, Nunnally, Oliver, Pace, Porter, Thompson, Trower, Tunnell, Turney, Vandevanter, Whiteside, Wren, Wyatt, and Mr. Speaker. — 31

On motion of Mr. Smith, The bill was amended by striking out the 34th Section, and inserting the following,

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"That the Canal Commissioners be authorised and required to proceed to sell from time to time such portions of the town lots in the towns of Chicago and Ottowa, as in the opinion of the Governor and of the Board of Canal Commissioners, will conduce to the best interests of the Canal Fund; the said lots to be previously valued and appraised in the manner directed by the provisions of this act."

On the question,
Shall said bill now pass as amended?

It was decided in the affirmative, — Yeas 29. — Nays 26.

The Yeas and Nays being called for on the passage of the bill,
Those voting in the affirmative, are Messrs. Blockburger, Brown, Butler, Carpenter of Sangamon, Clark, Cloud, Dawson, Dunn, Gordon, Gregory, Hackelton, Hamlin, Hampton, Harris, Henry, Hunt, Hunter, Lincoln, Moore, Owen, Ross, Stuart, Smith, Tunnell, Turney, Vandevanter, Wood, Wyatt and Mr. Speaker. — 29.

Those voting in the negative are, Messrs. Able, Blackford, Blackwell, Bowyer, Buckmaster, Carpenter of Hamilton, Craig, Cunningham, Dubois, Elliott, Fithian, Frazer, Harreld, Hughes, Manly, Murphy, Nunnally, Oliver, Outhouse, Pace, Porter, Thompson, Trower, Webb, Whiteside, and Wren. — 26.

Ordered that the title of the bill be as aforesaid, that the clerk inform the Senate thereof, and ask their concurrence therein, Mr. Carpenter of Sangamon moved that the House adjourn until Saturday morning 10 o'clock A. M.

Which was not agreed to. — Yeas. 29. — Nays 26.

The Yeas and Nays being called for upon tills motion,
Those voting in the affirmative, are Messrs. Able, Blackwell Blockburger, Buckmaster, Carpenter of Sangamon, Clark, Cloud, Cunningham, Dawson, Dunn, Frazer, Harreld, Harris, Henry, Hughes, Hunt, Hunter, Manly, Moore, Nunnally, Oliver, Thompson, Trower, Tunnell, Turney, Vandevanter, Wood, Wyatt, and Mr.Speaker. — 29.

Those voting in the negative, are Messrs. Blackford, Bowyer, Brown, Butler, Carpenter of Hamilton, Craig, Dubois, Elliott, Fithian, Gordon, Gregory, Hackelton, Hamlin, Hampton, Lincoln, Murphy, Outhouse, Owen, Pace, Porter, Ross, Stuart, Smith, Webb, Whiteside and Wren. — 26.

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So the House adjourned until Saturday morning 10 o'clock, A. M.

Saturday, December 26, 1835.

House met pursuant to adjournment.

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

Mr. SPEAKER: I am directed by the Senate to inform the House of Representatives, that the Senate have concurred with them in the passage of a bill entitled,
"An act to amend an act entitled, an act regulating the times of holding the Supreme and Circuit Courts, and fixing the Salary of the Circuit Judges; approved Feb. 13, 1835, as amended by them, in which amendments to said bill, they ask the concurrence of the House of Representatives."

And then he withdrew.

Mr. Turney presented the petition of Gilbert Douglass, and Thomas M. Hamilton, administrators of Silas Hamilton, deceased praying the passage of an act to authorise them to execute certain deeds to certain lands, and on his motion the reading thereof was dispensed with, and the same was Referred to a select committee.

Ordered, That Messrs. Turney, Cunningham, and Wood be that committee. Mr. Gregory from the Committee on Education to which, was referred the petition of sundry citizens of Township 3 North, Range 11 West, in Lawrence County, relative to the erection of a School House in said Township, Made a report as follows, viz.
That in the opinion of your committee, the prayer of the petitioners ought not to be granted.

The committee beg leave to assign the following reasons:
1st. The committee are inclined to the opinion, that the Legislature have no power to make the appropriation prayed for by the contract between the state and General Government, as set forth in the ordinance: the sixteenth is granted to the inhabitants of each Township for the use of common schools. Your committee are inclined to the opinion that the

152

building of a school house does no come within the intention of the framers of that instrument, but that those funds should be confined exclusively to conveying instruction by hiring teachers, &c.

2. That the precedent that would be set, by granting the prayer of the petition, would be a bad one. That taking into consideration the smallness of the school fund, when compared with the number of children to be taught, every inducement should be held out to the inhabitants of the townships to build school houses with their own means, and reserve the funds granted by the General Government for what your committee believe to be their legitimate destination, the hiring of teachers, &c.

3. Granting that the Legislature have the right to exercise legislative control over these funds in the manner contemplated in the petition: Your committee think this control can only be taken when every citizen of the township gives his consent thereto, by signing the petition or otherwise. Every citizen of the township has a vested right to his proportion of those funds. Of that vested right he cannot be deprived by Legislative enactment, without his own consent being given. Admitting this principle to be true, the prayer of the petition should not be granted, where signed by a bare majority of the citizens of the township, because the remainder of the citizens would be thus deprived of a vested right without their consent. In the instance now before the committee, they are satisfied that at best, but a small majority of the citizens of the township, have signed the petition.

For these and other reasons your committee beg to be discharged from the further consideration of the petition."

On the question,
Shall said committee be discharged from the further consideration of said petition?

It was decided in the affirmative.

Mr. Stuart from the committee on Petitions, to which was referred the petition of William Kirkpatrick, praying the right to build a toll bridge, &c. reported a bill entitled,
"An act to lay out a certain road therein named, and to authorize William Kirkpatrick to build a toll bridge across Winnebago Swamp;" Which was read the first time; and,
Ordered to a second reading.

On motion of Mr. Stuart,

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The rule of the House was dispensed with, and said bill
Was now read the second time by its title, and
On motion of Mr. Hamlin, Referred to a select Committee.

Ordered, That Messrs. Hamlin, Butler and, Owen, be that committee.

Mr. Butler from the select committee, to which was referred the bill from the Senate, entitled,
"An act to incorporate the McDonough College,"
Reported the same back to the House without amendment, and recommended its passage.

Ordered to a third reading.

Mr. Dubois gave notice that he should, on Monday next, or some day thereafter, ask leave to introduce a bill for
"An act to change an appropriation heretofore made to the county of Lawrence."

Mr. Cloud, from the select committee, to which was referred the bill entitled,
"An act to distribute the Revised Laws of 1833."

Reported the same back to the House with an amendment, which was read and concurred in.

On motion of Mr. Buckmaster,
The bill was amended by striking out the words "Montgomery and Pope," and inserting in lieu thereof, the words "the Sheriffs of the several counties in this State."

Ordered to be engrossed as amended and read a third time.

Mr. Manly from the select committee, to which was referred the petition on that subject, reported a bill entitled,
"An act to lay out a state road from the Wabash river, to the National Road;" Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Manly,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title
Ordered to be engrossed and read a third time.

Mr. Bowyer from the select committee to which was referred the bill entitled,
"An act for the benefit of Simon M. Hubbard," Reported the same back to the house with sundry amendments; Which were read and concurred in.

Ordered to be engrossed for a third reading.

154

Mr. Buckmaster, from the select committee to which was referred the engrossed bill entitled,
"An act to district the County of Madison."

Reported the same back to the House with an amendment; which was read and concurred in.

The bill then passed.

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

Mr. Dawson from the committee on Internal Improvements reported a bill entitled,
"An act, supplemental to an act, to incorporate the Wabash Navigation Company, approved January 13, 1825;" Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Nunnally,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and, On the further motion of Mr. Nunnally,
Referred to a select committee of five.

Ordered, That Messrs. Nunnally, Blackford, Manly, Smith and Porter, be that committee.

Mr. Moore from the select committee to which was referred the bill entitled,
"An act to incorporate the Shawneetown and Alton Rail Road Company."

Reported the same back to the House with an amendment; Which was read.

Mr. Moore moved to amend the report of the select committee, by inserting in the 18th line of the 15th section, after the word "county," the words "Lebanon in St. Clair county;" Which was not agreed to.

On the question, Will the House concur with the select committee in their amendment to the bill?

It was decided in the negative.

On motion of Mr. Carpenter of Hamilton, the bill was amended by striking out all of the 15th section after the word "between," and inserting the words "Shawneetown and Alton."

The bill was then ordered to be engrossed as amended for a third reading.

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Mr. Smith, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act, to incorporate the Mount Carmel and Alton Rail Road Company;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Clark,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and,
On motion of Mr. Frazer,
Referred to a select committee.

Ordered, That Messrs. Frazer, Smith and Clark, be that committee.

Mr. Hamlin, from the select committee, to which was referred the bill entitled,
"An act to establish the county of Will,"
Reported the same back to the House without amendment.

Ordered to be engrossed for a third reading.

Mr. Gregory, from the committee on Education,Reported a bill entitled,
"An act in relation to the title of school lands;"
Which was read the first time, and
Ordered to a second reading.

Mr. Manly, in pursuance of previous notice given, asked and obtained leave to introduce a bill entitled,
"An act to change a part of the Vincennes and Chicago state road;" Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Manly,
The rule of the House was dispensed with, and
Said bill was now read the second time by its, title; and
Ordered to be engrossed for a third reading.

Mr. Bowyer in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to incorporate the Franklin Institute."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Bowyer,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
Ordered to be engrossed for a third reading.

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Mr. Frazer, in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act for the benefit of Samuel Witter;"
Which was read the first time; and,
Ordered to a second reading.

Mr. Hackelton, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act to authorize the person therein named, to build a toll bridge across Green river;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Stuart,
The bill entitled,
"An act to apportion the representation of the several counties of this State," Some days since laid upon the table; was now taken up for consideration; and,
On the further motion of Mr. Stuart, Said bill was referred to a committee of the Whole House, and made the special order of the clay for this evening.

Mr. Cloud from the committee on Enrolled bills, reported that they have this day laid before the Council of Revision, bills of the following titles, viz:
"An act to incorporate the Beardstown and Sangamon Canal Company."
"An act to re-locate a part of the state road leading from Crow's in Morgan county, to Musick's Bridge in Sangamon county."
"An act, supplemental to an act, to incorporate the Springfield and Alton Turnpike Road Company."

The resolution on the subject of the improvement of the navigation of the Kaskaskia river." Also,
The resolution on the subject of the survey of private land claims,"
Mr. Murphy in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to authorize William C. Murphy, guardian of the infant heirs of Robert B. Murphy deceased, to convey certain lands."

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

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2 o'clock P. M.

House met pursuant to adjournment.

The House then resolved itself into a committee of the Whole House,the bill entitled,
"An act to apportion the representation of the several counties in this state;" And after some time spent therein,
Mr. Speaker resumed the Chair,and
Mr. Frazer reported, that the Committee of the Whole House had, according to order, had said bill under consideration and made an amendment thereto;
In which amendment he was directed to ask the concurrence of the House.

On motion of Mr. Stuart,
Said bill and report were referred to the same select committee that reported the bill.

And on motion of Mr. Dubois,
One additional member from each Judicial Circuit, was added to said committee.

Ordered, That Messsrs. Dubois, Elliott, Able, Blackwell, Harris and Vandevanter, be that committee.

The bill introduced this forenoon by
Mr. Murphy, and which was not read,
Was now read the first time, and
Ordered to a second reading.

On motion of Mr. Murphy,
The rule of the House was dispensed with, and said bill was now read the second time by its title, and
The bill was then
Ordered to be engrossed and read a third time.

Mr. Hughes, in pursuance of previous notice asked and obtained leave to introduce a bill entitled,
"An act to amend an act, entitled an act, to provide for the establishment of Ferries, toll bridges and turnpike roads, approved Feb. 12th, 1827;"
Which was read the first time, and
Ordered to a second reading.

Mr. Manly from the select committee to which was referred the bill entitled,
"An act to change the mode of listing taxable property in this state;"

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Reported the same back to the House without amendment; when, On motion of Mr. Turney,
Said bill was referred to the committee on the Judiciary.

Mr. Oliver gave notice that on Monday next or some day thereafter, he will ask leave to introduce a bill for
"An act, to authorize Mary Hitchcock to make a deed to certain lands therein named."

Mr. Carpenter of Hamilton, from the committee on Propositions and Grievances, to which was referred the petition of Samuel Copeland, praying for relief,
Reported a bill for
"An act for the benefit of Samuel Copeland;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Oliver,
The rule of the House was dispensed with, and the bill read the second time by its title.

On the further motion of Mr. Oliver,
The bill was referred to the committee on the Judiciary.

Mr. Hughes gave notice, that he should on Monday next, or some day thereafter, ask leave to introduce a bill, for
"An act concerning the Auditor of Public Accounts."

Mr. Frazer gave notice that he should on Monday next,
or some day thereafter, ask leave to introduce a bill for
"An act, declaring the Little Wabash river navigable up to where the northern boundary line of Clay county crosses the same."

Mr. Cunningham, in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to authorize John Gordon to convey certain tands;"
Which was read the first time, and
Ordered to a second reading,
On motion of Mr. Turney, The rule of the House was dispensed with, and
The bill read the second time by its title;
On the further motion of Mr. Turney,
Referred to a select committee.

Ordered, That Messrs. Turney, Cunningham and Wood, be that committee.

On motion of Mr. Lincoln,
Resolved, That the committee on Public Accounts and Expenditures, be instructed to enquire into the expediency of

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authorizing the publishing of the State laws, of a general nature in the public newspapers, and that they report by bill or otherwise."

Mr. Cunningham gave notice that on Monday next, or some day thereafter, he should ask leave to introduce a bill, for
"An act to establish a state road therein named."

Mr. Owen in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to locate a state road from Rushville in Schuyler county, to Commerce in Hancock county;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Vandevanter,
The rule of the House was dispensed with, and said bill was now read the second time by its title; and,
On the further motion of Mr. Vandevanter, Referred to a select committee.

Ordered, That Messrs. Vandevanter, Henry and Oliver, be that committee.

Mr. Hamlin presented the petition of John F. Wight,concerning certain lands, And on his motion, The reading thereof was dispensed with, and the same was Referred to the committee on Petitions.

Mr. Pace proposed for adoption the following resolution,viz:
Resolved by the General Assembly. That no new business will be received after the first day of January next, and that they will adjourn sine die on the ninth; when,
On motion of Mr. Manly,
The House adjourned until Monday morning 10 o'clock.

Yeas 29. — Nays 24.

The Yeas and Nays were called for on this question.

Those voting in the affirmative are
Messrs. Blackford,Blackwell, Blockburger, Bowyer,Brown, Buckmaster, Butler, Craig, Dawson, Dunn, Elliott, Frazer, Gordon, Hampton, Harris, Hunt, Hunter, Manly, Moore, Webb, Nunnally, Oliver, Owen, Ross, Trower, Tunnell, Webb, Wood and Wren — 29.

Those voting in the negative, are Messrs. Able, Carpenter of Hamilton, Carpenter of Sangamon

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Cloud, Cunningham, Dubois, Fithian, Hackelton, Hamlin,Harreld, Henry, Hughes, Lincoln, Outhouse, Face, Porter Stuart, Smith, Thompson, Turney, Vandevanter, Whiteside Wyatt, and Mr. Speaker. — 24.

Monday, December 28, 1835.

House met pursuant to adjournment.

A message from the Senate by Mr. White their secretary:

"Mr. SPEAKER, — I am directed by the Senate to inform the House of Representatives, that the Senate have adopted a preamble and resolutions in relation to the public printing.

And a preamble and resolutions in relation to making Chicago a port of entry; in which they ask the concurrence of the House of Representatives."

And he withdrew.

On motion of Mr. Pace,
The resolution offered by him last Saturday in relation to the adjournment of the present General Assembly, sine die,
Was laid upon the table.

Mr. Hunter presented the petition of William Armstrong, praying the Legislature to pass an act authorizing him to vend merchandize in this State,without a license;
The reading of which was,
On his motion,
Dispensed with, and the same
Referred to a select committee.

Ordered, That Messrs. Hunter, Blockburger and Outhouse, be that committee.

On motion of Mr. Murphy,
Resolved, That as a testimony of respect to the memory of the Hon. E. K. Kane, who departed this life on the 12th instant, the House will adjourn until tomorrow morning 10 o'clock.

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Tuesday, December 29, 1835.

House met pursuant to adjournment.

A message from the Governor, by A. P. Field, Esq. Secretary of state.

Mr. SPEAKER, — I am directed by the Governor, to lay before the House of Representatives, a communication in writing."

And be withdrew.

Mr. Turney presented the petition of sundry citizens of Greene county, praying a new election precinct in said county; and On his motion, The reading thereof was dispensed with, and the same was Referred to a select committee.

Ordered, That Messrs. Turney, Tunnell and Gregory, be that committee.

Mr. Butler presented the petition of sundry citizens of Warren county, praying a change in the state road from Macomb to Monmouth; and, On his motion,
The reading thereof was dispensed with, and the same was Referred to the committee on Petitions.

Mr. Turney from the select committee, to which was referred the bill entitled,
"An act to authorize John Gordon to convey certain lands," Reported the same back to the House with an amendment; Which was read and concurred in.

Ordered to he engrossed for a third reading.

Mr. Blackwell from the select committee, to which was referred the petition of sundry citizens of Fayette county, concerning a certain state, road &c. reported a bill entitled,
"An act for the permanent establishment of so much of the road from Vandalia to Hillsboro' as lies between Vandalia and Daniel Browning's, and for other purposes;" Which was read the first time, and
Ordered to a second reading.

A message from the Council of Revision, by Mr. Sprigg, their Clerk.

"MR. SPEAKER, — I am directed to inform the House of Representatives, that the Council of Revision, have approved bills of the following titles, viz:

162

"An act to relocate a part of the State Road leading from Crow's, in Morgan County, to Musick's Bridge, in Sangamon County."
"An act to incorporate the Beardstown and Sangamon Canal Company."
"An act supplemental to an act to incorporate the Spring field and Alton Turnpike Road Company." And,
"An act to incorporate the Bellville and Mississippi Rail Road Company."

And he withdrew.

Mr. Cloud, from the select committee, to which was referred the bill entitled,
"An act to apportion the representation of the several counties in this state, together with the report of the committee of the Whole House, Reported the same back to the House with several amendments;
Which were read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Frazer from the select committee, to which was referred the bill entitled,
"An act to incorporate the Mount Carmel and Alton Rail Road Company;" Reported the same back to the House with sundry amendments, Which were read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Dubois, in pursuance of previous notice, asked and obtained leave to introduce a bill, entitled
"An act changing an appropriation heretofore made to Lawrence county,"Which was read the first time; and,
Ordered to a second reading.

Mr. Gordon from the select committee, to which was referred the bill entitled,
"An act concerning fees." Reported back to the House a substitute;
Which was read and not concurred in.

On motion of Mr. Turney,
Referred to the committee on the Judiciary.

Mr. Hamlin from the select committee, to which was
referred the bill entitled,
"An act to lay out a certain road therein named, and to authorize

163

William Kirkpatrick to build a toll bridge across Winnebago Swamp;"
Reported the same back to the House with several amendments;Which were read and concurred in.

Ordered be engrossed for a third reading.

Mr. Buckmaster in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to incorporate the Alton Shot, and lead manufacturing company;"
Which was read the first time, and
Ordered to a second reading.

Mr. Cunningham, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act to locate and establish a state road from the Wabash river, in Crawford county, to Shelbyville in Shelby county " Which was read the first time, and
Ordered to a second reading.

Mr. Vandevanter from the select committee to which was referred the bill entitled,
"An act to locate a State Road from Rushville in Schuyler county, to Commerce in Hancock county;"
Reported the same back to the House with an amendment; Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Hamlin from the select committee to winch was referred the petition of Joseph Laframbois, of Cook county, praying the passage of an act, authorizing him to sell a certain section of land, belonging to his children, and to apply the proceeds of the sale to their maintenance and education, reported: That they are of opinion that the prayer of the petitioner ought not to be granted, for the following reasons:
1st. It is the opinion of your committee, that the sale of the land under an act of the Legislature, would not divest the children of title.

2nd. If the petitioner believes that the interest of his children will be promoted by the sale of the land, or if their situation is such as to make it necessary to sell the land for their maintenance and education, the object desired can be effected by the appointment of a guardian, and an application to the court.

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The committee therefore ask to be discharged from the further consideration of said petition;
Which was agreed to.

Mr. Ross from the select committee, to which was referred the bill from the Senate entitled,
"An act to locate a State Road from Quincy in Adams, to Pittsfield in Pike County."

Reported the same back to the House with an amendment; Which was read and concurred in.

Ordered to be engrossed for a third reading.

The communication of the Governor, this day received, was read as follows, viz:

STATE DEPARTMENT,
Vandalia, December 28, 1835.

To the Honorable,
The Speaker of the House of Representatives;

SIR:— The enclosed letter from Gen'l. Robinson, communicates the melancholy account of the death of the Hon. Elias K. Kane, a Senator in Congress from this State. It will therefore be necessary to make an election to fill the vacancy, during the present session of the General Assembly.

I have the honor to be sir,
Your obedient servant,
JOSEPH DUNCAN.

The enclosed letter from the Hon. John M. Robinson, is as follows viz:

WASHINGTON CITY,
December 12, 1835.

DEAR SIR, — It is with most sincere regret and deep pain I inform you of the death of my colleague, the Hon. Elias Kent Kane. He died this morning half after one o'clock; his disease was on him when he reached the city, and was a relapse of congestive fever, with which he was afflicted last fall. Was in his place in the Senate on Monday, remained but a short time, returned to his room at his father's house where he had the most tender and unremitted attention, aided by the most able medical assistance, but all to no purpose.

Very respectfully,
Your ob't servant,
JOHN M. ROBINSON,
His Excellency, JOSEPH DUNCAN.

And on motion of Mr. Moore,
Laid upon the table.

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Mr. Ross proposed for adoption the following resolution,viz:
Resolved by the House of Representatives, (the Senate concurring herein.) That both branches of his General Assembly, will convene in the Representative Hall, to day at 2 o' clock P. M. for the purpose of electing one Senator to the Congress of the United States to fill the vacancy occasioned by the death of the Hon. E. K. Kane.

Mr. Turney moved to lay said resolution upon the table.

Which was not agreed to. — Yeas 13. — Nays 40.

The Yeas and Nays being called for
Those voting in the affirmative, are Messrs. Blackford, Blockburger, Buckmaster, Carpenter of Sangamon, Cloud, Harris, Hughes, Hunter, Oliver, Turney, Tunnell, Vandevanter, and Wyatt. — 13.

Those voting in the negative, are Messrs. Able, Blackwell, Bowyer, Brown, Butler, Carpenter of Hamilton, Craig, Cunningham, Dubois, Dunn, Dawson, Elliott, Fithian, Frazer, Gordon, Hackelton, Hamlin, Hampton, Harreld, Henry, Hunt, Lincoln, Manly, Moore, Murphy, Nunnally, Outhouse, Owen, Pace, Porter, Ross, Stuart, Smith, Thompson, Trower, Webb, Wood,Whiteside, Wren and Mr. Speaker. — 40.

On motion of Mr. Stuart.

Said resolution was laid upon the table until the 4th day of July next. A message from the Senate by Mr. White their Secretary:

"Mr. SPEAKER:— I am directed by the Senate to inform the House of Representatives, that the Senate have adopted the following resolution:
Resolved by the Senate and house of Representatives, That both branches of this General Assembly meet in the Hall of the House of Representatives at 2 o'clock, P.M. to-day, for the purpose of electing a Senator to Congress, to fill the vacancy occasioned by the death of the Hon. Elias K. Kane; in the adoption of which they ask the concurrence of the House of Representatives."

And then he withdrew.

Said resolution was then read and concurred in.

Ordered, That the clerk inform the Senate thereof.

Mr. Buckmaster from the select committee, to which was referred a bill entitled,

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"An act to incorporate the Alton, Wabash and Erie Canal Rail Road company."

Reported the same back to the House with sundry amendments;
Which were read and concurred in.

On motion of Mr. Blockburger,
The bill was amended by adding the name of "Nathaniel Buckmaster," to the number of commissioners in said bill.

Ordered to be engrossed for a third reading.

Mr. Ross moved that the House adjourn until 2 o'clock P. M;
Which was not agreed to.

Mr. Blackwell moved that the House adjourn until 2 o'clock P. M.

Which was not agreed to. — Yeas. 26. — Nays 27.

The Yeas and Nays being called for upon this motion,
Those voting in the affirmative, are Messrs. Able, Blackwell, Blockburger, Brown, Carpenter of Sangamon, Cloud, Craig, Dubois, Dunn, Elliott, Frazer, Hampton, Hunter, Lincoln, Murphy, Nunnally, Oliver, Outhouse Ross, Thompson, Trower, Tunnell, Turney, Vandevanter, Wood, and Wyatt. — 26.

Those voting in the negative, are Messrs. Blackford, Bewyer, Buckmaster, Butler, Carpenter of Hamilton, Cunningham, Dawson, Fithian, Gordon, Gregory, Hackelton, Hamlin, Harreld, Harris, Henry, Hughes, Hunt, Man!y, Moore, Owen, Pace, Porter, Stuart, Smith, Webb, Whiteside and Mr. Speaker. — 27.

The engrossed bill entitled,
"An act to enable proprietors of real estate, under certificates to assign the same,"
Was read the third time; and,
On motion of Mr. Stuart,
Referred to a select committee.

Ordered, That Messrs. Stuart, Wood, and Thompson, be that committee.

And then the House adjourned until 2 o'clock, P. M.

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2 o'clock P. M.

House met pursuant to adjournment.

The Senate, preceded by the Hon. Adam W. Snyder, Speaker, pro tempore appeared in the Hall of the House of Representatives, in pursuance of a joint resolution of the two Houses, for the purpose of electing a Senator to Congress, to to fill the vacancy occasioned by the death of the Hon. Elias Kent Kane.

Upon the vote being taken, it appeared that
JAMES SEMPLE had twenty-five votes;
RICHARD M. YOUNG had nineteen;
WILLIAM LEE D. EWING had eighteen;
ALEYANDER M. JENKINS had fifteen; and
MATTHEW STACY, had one vote for that office.

Those who voted
For MR. SEMPLE, are, Messrs. Bond, Craig, Mitchell, McGahey, Noel, and Weatherford of the Senate; and Messrs. Blackford, Blockburger, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Harris, Hughes, Hunter, Nunnally, Pace, Porter, Smith, Thompson, Tunnell, Turney, Vandevanter, Whiteside, and Wyatt of the House of Representatives — 25.

Those who voted
For R. M. YOUNS, are, Messrs. Hacker, Maxwell, Strode, Thomas, and Williams of the Senate; and Messrs. Brown, Butler, Dawson, Gordon, Gregory, Hackelton, Hamlin, Harreld, Hunt, Lincoln, Moore, Owen, Ross, and Stuart of the House of Representatives — 19.

Those who voted
For MR. EWING, are, Messrs. Davidson, Fletcher, Gatewood, Herndon, Mills, Vance, Whiteside, and Williamson of the Senate; and Messrs. Blackwell, Cunninghan, Dubois, Dunn, Elliott, Fithian, Frazer, Manly, Webb, and Wood of the House of Representatives — 18.

Those who voted
For MR. JENKINS, are, Messrs. Edwards, Lane, Parrish, Servant, and Sayder of the Senate; and Messrs. Able, Bowyer, Clark, Craig, Hampton, Murphy, Oliver, Outhouse, Trower, and Wren of the House of Representatives — 15.

MR. Henry of the House of Representatives, voted for Mr. Stacy.

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No person having received a majority of all the votes given, the two Houses proceeded to take a second vote; when it appeared that
JAMES SEMPLE had twenty six votes;
RICHARD M. YOUNG had 20;
WILLIAM LEE D. EWING had 18; and
ALEXANDER M. JENKINS had 15 votes.

Those who voted
For MR. SEMPLE, are Messrs. Bond, Craig, Mitchell, McGahey, Noel, Rattan, and Weatherford of the Senate ; and Messrs. Blackford, Blockburger, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Harris, Hughes, Hunter, Nunnally, Pace, Porter, Smith, Thompson, Tunnell, Turney, Vandevanter, Whiteside, and Wyatt of the House of Representatives — 26.

Those who voted
For MR. YOUNG, are, Messrs. Hacker, Maxwell, Strode, Thomas, and Williams of the Senate; and Messrs. Brown, Butler, Dawson, Gordon, Gregory, Hackelton, Hamlin, Harreld, Henry, Hunt, Lincoln, Moore, Owen, Ross, and Stuart of the House of Representatives — 20.

Those who voted
For MR. EWING, are, Messrs. Davidson, Fletcher, Gatewood, Herndon, Mills, Vance, Whiteside, and Williamson of the Senate; and Messrs. Blackwell, Cunningham, Dubois, Dunn, Elliott, Fithian, Frazer, Manly, Webb, and Wood of the House of Representatives — 18.

Those who voted
For MR. JENKINS, are, Messrs. Edwards, Lane, Parrish, Servant, and Snyder of the Senate; and Messrs. Able, Bowyer, Clark, Craig, Hampton, Murphy, Oliver, Outhouse, Trower, and Wren of the House of Representatives — 15.

No person having received a majority of all the votes given, the two houses proceeded to take another vote, when it appeared that
JAMES SEMPLE had 35 votes;
WILLIAM LEE D. EWING had 19;
RICHARD M. YOUNG had 19; and
ALEXANDER M. JENKINS had 16 votes.

Those who voted
For MR. SEMPLE, are, Messrs. Bond, Craig, Mitchell, McGahey, Noel, Rattan, and Weatherford of the Senate; and Messrs. Blackford, Blockburger, Buckmaster, Carpenter of Sangamon,

169

Cloud, Harris, Hughes, Hunter, Nunnally, Pace, Porter, Smith, Thompson, Tunnell, Turney, Vandevanter, Whiteside, and Wyatt of the House of representatives — 25.

Those who voted
For MR. EWING, are, Messrs. Davidson, Fletcher, Gatewood, Herndon, Mills, Thomas, Vance, Whiteside, and Williamson of the Senate; and Messrs. Blackwell, Cunningham, Dubois, Dunn, Elliott, Fithian, Frazer, Manly, Webb, and Wood of the House of Representatives — 19.

Those who voted
For Mr. YOUNG, are, Messrs. Hacker, Maxwell, Strode, and Williams of the Senate; and Messrs. Brown, Butler, Dawson, Gordon, Gregory, Hackelton, Hamlin, Harreld, Henry, Hunt, Lincoln, Moore, Owen, Ross, and Stuart of the House of Representatives — 19.

Those who voted
For Mr. JENKINS, are, Messrs. Edwards, Lane, Parrish, rish, Servant, and Snyder of the Senate; and Messrs. Able, Bowyer, Carpenter of Hamilton, Clark, Craig, Hampton, Murphy, Oliver, Outhouse, Trower, and Wren of the House of Representatives — 16.

No person having received a majority of all the votes given, the two houses proceeded to take another vote, when it appeared that
MR. SEMPLE had 26; MR. EWING 21; MR. YOUNG 16; and MR. JENKINS 16 votes.

Those who voted
For Mr .SEMPLE, are, Messrs. Bond,Craig, Mitchell, McGahey, Noel, Rattan and Weatherford of the Senate; and Messrs. Blackford, Blockburger, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Harris, Hughes, Hunter, Nunnally, Pace Porter, Smith, Thompson, Tunnell Turney Vandevanter,Whiteside, and Wyatt of the House of Representatives — 26.

Those who voted
For MR. EWING, are, Messrs. Davidson, Fletcher, Gatewood, Herndon, Mills, Thomas, Vance, Whiteside, and Williamson of the Senate; and Messrs. Blackwell, Cunningham, Dubois, Dunn, Elliott, Fithian, Frazer, Gregory,Hunt, Manly, Webb, and Wood of the House of Representatives — 21.

Those who voted
For Mr. YOUNG, are, Messrs. Hacker, Maxwell, Strode,

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and Williams of the Senate; and Messrs. Brown, Butler, Dawson, Gordon, Hackelton, Hamlin, Harreld, Lincoln, Moore Owen, Ross, and Stuart of the House of Representatives — 16.

Those who voted
For MR. JENKINS, are, Messrs. Edwards, Lane, Parrish, Servant, and Snyder of the Senate; and Messrs. Able, Bowyer, Clark, Craig, Hampton, Henry, Murphy, Oliver, Outhouse, Trower, and Wren of the House of Representatives — 16

No person having received a majority of all the votes given, the two houses proceeded to take another vote; when it appeared that MR. SEMPLE had 27; MR. EWING had 21; MR. JENKINS had 17; and MR. YOUNG had 14 votes.

Those who voted
For MR. SEMPLE, are Messrs. Bond, Craig, Mitchell, McGahey, Noel, Rattan, and Weatherford of the Senate; and Messrs. Blackford, Blockburger, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Harris, Hughes, Hunter, Nunnally, Pace, Porter, Smith, Thompson, Tunnell, Turney, Vandevanter, Whiteside, and Wyatt of the House of Representatives — 27.

Those who voted
For MR. EWING, are, Messrs. Davidson, Herndon, Mills Thomas, Vance, Whiteside, and Williamson of the Senate; and Messrs. Blackwell, Cunningham, Dubois, Dunn, EIliott, Fithian, Frazer, Gordon, Gregory, Hunt, Manly, Trowel, Webb, and Wood of the House of Representatives — 21.

Those who voted
For MR. JENKINS, are, Messrs. Fletcher, Gatewood, Lane, Parrish, Servant, and Snyder of the Senate; and Messrs. Able, Bowyer, Craig, Hampton, Henry, Lincoln, Moore, Murphy, Oliver, Outhouse, and Wren of the House of Representatives — 17.

Those who voted
For MR. YOUNG, are, Messrs. Edwards, Hacker, Maxwell, Strode, and Williams of the Senate; and Messrs. Brown, Butler, Dawson, Hackelton, Hamlin, Harreld, Owen, Ross, and Stuart of the House of Representatives — 14.

No person having received a majority of all the votes given, the two Houses proceeded to take another vote; when it appeared that

171

MR. SEMPLE had 27; MR. EWING 26; MR. JENKINS 19; and MR. YOUNG 7 votes.

Those who voted
For MR.SEMPLE, are Messrs. Bond, Craig, Mitchell, McGahey, Noel, Rattan, and Weatherford of the Senate; and Messrs. Blackford, Blockburger, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Harris, Hughes, Hunter Nunnally, Pace, Porter, Smith, Thompson, Tunnell, Turney, Vandevanter, Whiteside, and Wyatt of the House of Representatives — 27.

Those who voted
For MR. EWING, are, Messrs. Davidson, Fletcher, Hacker, Herndon, Mills, Strode, Thomas, Vance, Whiteside, and Williamson of the Senate; and Messrs. Blackwell, Cunningham, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hamlin, Hunt, Manly, Trower, Webb, and Wood of the House of Representatives — 26.

Those who voted
For MR. JENKINS, are, Messrs. Edwards, Gatewood, Lane, Parrish, Servant, and Snyder of the Senate; and Messrs. Able, Bowyer, Brown, Craig, Hampton, Harreld, Henry, Lincoln, Moore, Murphy, Oliver, Outhouse, and Wren of the House of Representatives — 19.

Those who voted
For MR. YOUNG, are, Messrs. Maxwell, and Williams of the Senate; and Messrs. Butler, Hackelton, Owen, Ross, and Stuart of the House of representatives — 7.

No person having received a majority of all the votes given, another vote was taken; when,
JAMES SEMPLE received 30 votes;
WILLIAM LEE D. EWING 26 votes;
ALEXANDER M. JENKINS 22 votes; and,
RICHARD M. YOUNG 1 vote.

Those who voted
For MR. SEMPLE, are Messrs. Bond, Craig, Maxwell, Mitchell, McGahey, Noel, Rattan, and Weatherford of the Senate; and Messrs. Blackford, Blockburger, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Hackelton, Harris, Hughes, Hunter, Nunnally, Owen, Pace, Porter, Smith,Thompson, Tunnell, Turney, Vandevanter, Whiteside, and Wyatt of the House of Representatives — 30.

Those who voted
For MR. EWING, are, Messrs. Davidson, Fletcher, Mills,

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Strode, Thomas, Vance, Whiteside, Williams, and Williamson of the Senate; and Messrs. Blackwell, Cunningham, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hamlin, Henry, Hunt, Manly, Trower, Webb, and Wood of the House of Representatives — 26.

Those who voted
For MR. JENKINS, are, Messrs. Edwards, Gatewood, Hacker, Herndon, Lane, Parrish, Servant, and Snyder of the Senate; and Messrs. Able, Bowyer, Brown, Butler, Craig, Hampton, Harreld, Lincoln, Moore, Murphy, Oliver, Outhouse, Stuart, and Wren of the House of Representatives — 22.

For MR. YOUNG, Mr. Ross of the House of Representatives — 1.

No person having yet received a majority of all the vote given, another vote was taken; when,
JAMES SEMPLE received 32 votes;
WILLIAM LEE D. EWING 29 votes;
ALEXANDER M. JENKINS 18 votes.

Those who voted
For MR. SEMPLE, are Messrs. Bond, Craig, Maxwell, Mitchell, McGahey, Noel, Rattan, Snyder, and Weatherford of the Senate; and Messrs. Blackford, Blockburger, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Hackelton, Harris, Hughes, Hunter, Nunnally, Owen, Pace, Porter, Ross, Smith, Thompson, Tunnell, Turney, Vandevanter, Whiteside, and Wyatt of the House of Representatives — 32.

Those who voted
For MR. EWING, are, Messrs. Davidson, Fletcher, Herndon, Mills, Servant, Strode, Thomas, Vance, Whiteside Williams, and Williamson of the Senate; and Messrs. Blackwell, Cunningham, Dawson, Dubois, Dunn, Elliott, Fithian Frazer, Gordon, Gregory, Hamlin, Henry, Hunt, Lincoln, Manly, Trower, Webb, and Wood of the House of Representatives — 29.

Those who voted
For MR. JENKINS, are, Messrs. Edwards, Gatewood, Hacker, Lane, and Parrish of the Senate; and Messrs. Able, Bowyer, Brown, Butler, Craig, Hampton, Harreld, Moore, Murphy, Oliver, Outhouse, Stuart, and Wren of the House of Representatives — 18.

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No person having yet received a majority of all the votes given, another vote was taken; when,
JAMES SEMPLE received 34 votes;
WILLIAM LEE D. EWING 34 votes; and
ALEXANDER M. JENKINS 11 votes.

Those who voted
For MR. SEMPLE, are Messrs. Bond, Craig, Maxwell, Mitchell, McGahey, Noel, Rattan, Snyder, and Weatherford of the Senate; and Messrs. Blackford, Blockburger, Buckmaster, Carpenter of H, Carpenter of S. Clark, Cloud, Hackelton, Hampton, Harris, Hughes, Hunter, Nunnally, Owen, Pace, Porter, Ross, Smith, Thompson, Tunnell, Turney, Vandevanter, Whiteside, Wren, and Wyatt of the House of Representatives — 34.

Those who voted
For MR. EWING, are, Messrs. Davidson, Fletcher, Gatewood, Hacker, Herndon, Mills, Servant, Strode, Thomas, Vance, Whiteside, Williams, and Williamson of the Senate; and Messrs. Blackwell, Brown, Butler, Cunningham, Dawson, Dubois, Dunn, Elliiott, Fithian, Frazer, Gordon, Gregory, Hamlin, Henry, Hunt, Lincoln, Manly, Stuart, Trower, Webb, and Wood of the House of Representatives — 34.

Those who voted
For MR. JENKINS, are, Messrs. Edwards, Lane, and Parrish of the Senate; and Messrs. Able, Bowser, Craig, Harreld, Moore, Murphy, Oliver, and Outhouse of the House of Representatives — 11.

No person having received a majority of all the votes given, the two Houses proceeded to take another vote, when it appeared that MR. EWING had 38 votes. MR. SEMPLE had 38 votes. MR. SNYDER had 2 votes; and MR. JENKINS had one vote.

Those who voted
For MR. EWING, are, Messrs. Davidson, Edwards, Fletcher, Gatewood, Hacker, Herndon, Lane, Mills, Servant, Strode, Thomas, Vance, Whiteside, Williams, and Williamson of the Senate; and Messrs. Blackwell, Brown, Butler, Craig, Cunningham, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Manly, Stuart, Trower, Webb, and Wood of the House of Representatives — 38

Those who voted
For MR. SEMPLE,are Messrs. Bond, Craig, Maxwell, Mitchell, McGahey, Noel, Parrish, Rattan, Snyder, and Weatherford

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of the Senate; and Messrs. Able, Blackford, Blockbuster, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Hackelton, Hampton, Harris, Hughes, Hunter, Murphy, Nunnally, Outhouse, Owen, Pace, Porter, Ross, Smith, Thompson, Tunnell, Turney, Vandevanter, Whiteside, Wren, and Wyatt of the House — 38.

Messrs. Bowyer and Moore of the House of Representatives, voted for Mr. Snyder.

Mr. Oliver of the House of Representatives, voted for Mr. Jenkins.

No person having received a majority of all the votes given, the two Houses proceeded to take another vote; when it appeared that MR. EWING had 39. MR. SEMPLE had 38. MR. SNYDER had one; and MR. JENKINS had one vote.

Those who voted
For MR. EWING, are, Messrs. Davidson, Edwards, Fletcher, Gatewood, Hacker, Herndon, Lane, Mills, Servant, Strode, Thomas, Vance, Whiteside, Williams, and Williamson of the Senate; and Messrs. Blackwell, Brown, Butler, Craig, Cunningham, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Manly, Stuart, Smith, Trower, Webb, and Wood of the House of Representatives — 39.

Those who voted
For MR. SEMPLE, are Messrs. Bond, Craig, Maxwell,Mitchell, McGahey, Noel, Parrish, Rattan Snyder, and Weatherford of the Senate; Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Hackelton, Hampton, Harris, Hughes, Hunter, Murphy, Nunnally, Outhouse, Owen, Pace, Porter, Ross, Thompson, Tunnell, Turney, Vandevanter, Whiteside, Wren, and Wyatt of the House of Representatives — 38.

Mr. Moore of the House of Representatives, voted for Mr. Snyder.

Mr. Oliver of the House of Representatives, voted for Mr. Jenkins.

No person having yet received a majority of all the votes given, another vote was taken; when,
MR. EWING had 40. MR. SEMPLE had 37; and MR. JENKINS had one vote,
Those who voted For MR, EWING, are, Messrs. Davidson, Edwards, Fletcher,

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Gatewood, Hacker, Herndon, Lane, Maxwell, Mills, Servant, Strode, Thomas, Vance, Whiteside, Williams, and Williamson of the Senate; and Messrs. Blackwell, Brown, Butler, Craig, Cunningham, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Manly, Stuart, Smith, Trower, Webb, and Wood of the House of Representatives — 40.

Those who voted
For MR. SEMPLE, are Messrs. Bond, Craig, Mitchell, McGahey, Noel, Parrish, Rattan, Snyder, and Weatherford of the Senate; and Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Hackelton, Hampton, Harris, Hughes, Hunter, Murphy, Nunnally, Outhouse, Owen, Pace, Porter, Ross, Thompson, Tunnell, Turney, Vandevanter, Whiteside, Wren, and Wyatt of the House of Representatives — 37.

Mr. Oliver of the House of Representatives, voted for Mr. Jenkins.

Mr. Cloud, who was appointed, and called to the Chair as Speaker pro tempore, declared
WILLIAM LEE D. EWING, who received a majority of all the votes given, duly elected Senator to the Congress of the United States, to fill the vacancy occasioned by the death of the Honorable Elias Kent Kane.

The Senate withdrew. And,
Then the House adjourned.

Wednesday, December 30, 1835.

House met pursuant to adjournment.

Mr. Cloud from the committee on enrolled bills, reported as correctly enrolled the bill entitled,
"An act to incorporate the Bellville and Mississippi Rail Road Company".

And that he has laid the same before the Council of Revision.

176

Mr. Blockburger presented the petition of Joseph Wheat, and other citizens of Montgomery county, praying that said Joseph may be divorced from Elizabeth his wife; and, On his motion,The reading thereof was dispensed with, and the same was Referred to the committee on Petitions.

Mr. Hamlin presented the petition of sundry citizens of Peoria county, praying a change in the state road leading from Peoria to Galena;
And on his motion,
The reading thereof was dispensed with, and the same was Referred to a select committee.

Ordered, That Messrs. Hamlin, Hackelton and Ross, be that committee.

Mr. Stuart presented the petition of sundry citizens of Sangamon county, praying a change in a certain state road therein named;
The reading of which was,
On his motion,
Dispensed with, and the same
Referred to the committee on Petitions.

Mr. Owen presented the petition of sundry citizens of Hancock county, praying for a state road therein named; and
On his motion,
The reading thereof was dispensed with and the same was
Referred to a select committee.

Ordered, That Messrs. Owen, Butler and Hackelton, be that committee.

Mr. Dunn, from the committee on the Judiciary, to which was referred the bill entitled,
"An act for the relief of Samuel Copeland;"
Reported the same back to the House with sundry amendments;
Which were read and concurred in.

The bill was then
Ordered to be engrossed and read a third time.

Mr. Stuart from the select committee to which was referred the engrossed bill entitled,
"An act to enable proprietors of real estate, under certificates to assign the same;
Reported the same back to the House with an amendment, which was read and concurred in.

The bill then passed.

177

Ordered, That the title of the bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

Mr. Hackelton, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act relative to the town of Utica in the county of Fulton;"
Which was read the first time; and,
Ordered to a second reading.

The amendments of the Senate, to the bill from the House entitled,
"An act to amend an act entitled, an act regulating the times of holding the Supreme and Circuit Courts, and fixing the salary of the Circuit Judges, approved February 13th, 1835;"

Were read and not concurred in.

Ordered, That the clerk inform the Senate thereof.

Mr. Tunnell, in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act declaring a road therein named, to be a state road;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Tunnell,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
The bill was then
Ordered to be engrossed for a third reading.

The engrossed bill entitled,
"An act to relocate the seat of Justice of Clark county,"
Was read the third time. When,
On motion of Mr. Manly,
The 4th section of the bill was amended by striking out "70" and inserting "50."

The bill then passed.

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

The engrossed bills entitled,
"An act concerning the Town of Boonville, in the County of Pike."
"An act to change the name of Salu,"
"An act to relocate a part of the state road in Coles county,"

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"An act to amend an act entitled, an act to authorise William Stradden to erect a Mill Dam across Fox River; approved Feb. 12, 1833." and,
"An act to locate a state road from Commerce in Hancock county, to Peoria,"
Were severally read the third time and passed.

Ordered, That the titles of the bills be as aforesaid, that the clerk inform the Senate thereof, and ask their concurrence therein.

The engrossed bill entitled,
"An act for the protection of stock against Castor Beans,"
Was read the third time; when,
On motion of Mr. Smith,
Said bill was referred to a select Committee.

Ordered, That Messrs. Smith, Buckmaster, and Clark, be that committee.

The bill from the Senate as amended, entitled;
"An act to incorporate the Stockholders of the Alton Exporting Company,"
Was read the third time; and,
On motion of Mr. Turney,
Referred to a select committee of five.

Ordered, That Messrs. Turney, Outhouse, Carpenter of Hamilton, Buckmaster and Blackford, be that committee.

The engrossed bill entitled,
"An act to authorize certain persons therein named, to make deeds,"
Was read the third time; when,
On motion of Mr. Dunn,
Said bill was referred to the committee on the Judiciary.

The bill from the Senate entitled,
"An act making partial appropriations."

Was read the third time and passed.

The Yeas and Nays being required upon the passage of this bill:
Those voting in the affirmative, are
Messrs. Able, Blackford, Bowyer, Butler, Cloud, Craig, Cunningham, Dunn, Elliott, Frazer, Gregory, Hackelton, Hampton, Harreld, Henry, Hunter, Manly, Oliver, Outhouse, Owen, Stuart, Smith, Trower, Tunnell, Turney, Vandevanter, Wood and Wren. — 38.

Those voting in the negative, are
Messrs. Blackwell, Brown, Buckmaster, Carpenter of Hamilton,

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Carpenter of Sangamon, Dawson, Dubois, Fithian, Hamlin, Harris, Hughes, Moore, Murphy, Nunnally, Pace, Porter, Ross, Thompson, Webb, Whiteside, and Mr. Speaker. — 21.

Ordered, That the title of the bill be as aforesaid, and that Clerk inform the Senate thereof.

A message from the Senate by Mr. White their 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 General Assembly of the State of Illinois, That no new business will be received in either branch of the General Assembly after Saturday next, in the adoption of which they ask the concurrence of the House of Representatives."

And he withdrew.

The engrossed bill entitled,
"An act entitled an act to amend an act entitled an act to provide for the application of the interest of the fund arising from the sale of the school lands belonging to the several townships in this State, approved Feb. 7, 1835;"

Was read the third time; and,
On motion of Mr. Henry,
Referred to a select committee.

Ordered, That Messrs. Henry, Turney, and Cloud, be that committee.

The bill from the Senate as amended, entitled,
"An act making compensation to the person therein named,"
Was read the third time; and,
On motion of Mr. Stuart.

Laid upon the table.

The engrossed bill entitled,
"An act to amend an act concerning Public Roads."

Was read the third time, and
On motion of Mr. Fithian,
Referred to a select committee.

Ordered, That Messrs. Fithian, Ross and Able, be that committee.

The engrossed bill entitled,
"An act to incorporate the Warsaw, Peoria and Wabash Rail Road Company,"
Was read the third time and passed.

The Yeas and Nays being called for on the passage of this bill.

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Those voting in the affirmative, are
Messrs. Able, Blackford, Blackwell, Bowyer, Brown, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Dawson, Dunn, Elliott, Fithian, Gregory, Hackelton, Hamlin, Harreld, Harris, Henry, Hughes, Hunt, Hunter, Manly, Moore, Outhouse, Owen, Pace, Porter, Ross, Stuart, Smith, Thompson, Trower, Turney, Vandevanter, Wood, and Wren. — 39.

Those voting in the negative, are
Messrs. Dubois, Nunnally, Oliver, Tunnell and Mr. Speaker. — 5.

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

And then the House adjourned until 2 o'clock, P. M.

2 o'clock P. M.

House met pursuant to adjournment.

Mr. Ross gave notice that he should on tomorrow, or some day thereafter, ask leave to introduce a bill for
"An act to locate a state road from Pittsfield in Pike county via Augusta to Lynnville in Morgan county."

Also:
A bill for
"An act, concerning the revenue of the counties of Pike and Adams."

On motion of Mr. Stuart,
The bill laid upon the table this day entitled,
"An act making compensation to the person therein named,"
Was taken up; and,
On motion of Mr. Frazer,
Referred to the committee on Public Accounts and Expenditures.

On motion of Mr. Turney,
The rule of the House was dispensed with, and

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The bill from the Senate entitled;
"An act to incorporate McDonough College,"
Was read the 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.

The engrossed bill entitled,
"An act to incorporate the Shawneetown and Alton Rail Road Company."

Was read the third time; when,
On motion of Mr. Pace,
The bill was amended by striking out the name of "Downing Baugh," wherever it occurred in the bill, and inserting the name of "Samuel Cummins;" and,
On motion of Mr. Bowyer,
Referred to a select committee.

Ordered, That Messrs. Bowyer, Carpenter of Hamilton and Pace, be that committee.

The engrossed bill entitled,
"An act to apportion the representation of the several counties in this state;"
Was read the third time; when,
Mr. Thompson moved to amend the bill by striking out "one Representative," the number given to Randolph county, and insert "two Representatives;"
Which was not agreed to.

Mr. Blockburger moved to amend the bill by striking out the words, "the counties of Fayette and Effingham together, two Representatives; the county of Clay one Representative," in the 45th 46th and 47th lines of the 2d section, and inserting the words "The county of Fayette, one Representative; and the counties of Effingham and Clay together, one Representative; and the counties of Montgomery, Bond and Fayette together, one Representative;" Which was not agreed to.

The bill then passed.

Ordered, That the title of said bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

The engrossed bills entitled,
"An act to distribute the Revised Laws of 1833."
"An act, to lay out a state road from the Wabash river to the National Road."

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"An act for the benefit of Simon M. Hubbard,"
"An act to establish the county of Will,"
"An act to change a part of the Vincennes and Chicago state road;"
"An act to incorporate the Franklin Institute."
"An act to authorize William C. Murphy, guardian of the infant heirs of Robert B. Murphy deceased, to convey certain lands."
"An act to locate a State Road from Rushville in Schuyler county, to Commerce in Hancock county;"
"An act to lay out a certain road therein named, and to authorize William Kirkpatrick to build a toll bridge across Winnebago Swamp;" and,
"An act, to incorporate the Mount Carmel Rail Company,"
Were severally read the third time, and passed.

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

The engrossed bill entitled,
"An act to authorize John Gordon to convey certain lands,"
Was read the third time and passed.

On motion of Mr. Turney,
The title of the bill was amended so as to read
"An act to authorize certain persons therein named to convey certain lands."

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

The bills entitled,
"An act to change the times of holding circuit courts in the county of Pike."
"An act, for the benefit of David McKee;" and,
"An act, to improve a certain road in Edgar county;"
Were severally read the second time; and
Ordered to be engrossed for a third reading.

The bill entitled,
"An act to locate a state road from Monmouth in Warren county, to Carthage in Hancock county;"
Was read the second time, and
On motion of Mr. Owen,
Referred to a select committee.

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Ordered, That Messrs. Owen, Butler and Vandevanter, be that committee.

The bill from the Senate entitled,
"An act to amend an act, concerning Forcible Entry and Detainer, approved Feb. 2, 1827."

Was read the second time; and,
On motion of Mr. Henry,
Referred to the committee on the Judiciary.

The bill from the Senate entitled,
"An act to amend an act entitled an act, to incorporate the Colleges therein named,"
Was read the second time; and,
Ordered to a third reading.

The bill from the Senate entitled,
"An act for the relief of the Sheriffs therein named."

Was read the second time; and
On motion of Mr. Buckmaster,
Referred to a select committee of five.

Ordered, That Messrs. Buckmaster, Vandevanter, Bowyer, Black ford and Clark, be that committee.

The bill from the Senate entitled,
"An act to lay out a State Road therein named."

Was read the second time; and
Ordered to a third reading.

The bill from the Senate entitled,
"An act to establish a State Road from Maysville to Shelbyville,"
Was read the second time; and,
On motion of Mr. Frazer,
The bill was referred to a select committee.

Ordered, That Messrs. Frazer, Trower and Porter, be that committee.

The bill from the Senate entitled,
"An act to locate a State Road from the termination of the Indiana State Road to Ottowa."

Was read the second time; and
On motion of Mr. Hamlin,
Referred to a select committee.

Ordered, That Messrs. Hamlin, Brown, and Nunnally, be that committee.

The bill entitled,
"An act to locate a state road from Liberty to Tremont,"
Was read the second time; and

184

On motion of Mr. Frazer,
Referred to a select committee.

Ordered, That Messrs. Frazer, Brown and Hamlin, be that committee.

The bill entitled,
"An act making Clerks of County Commissioners' Courts elective."

Was read the second time; and,
On motion of Mr. Manly, Referred to the committee on the Judiciary.

The bill from the Senate entitled,
"An act to amend an act entitled an act to provide for the distribution and application of the interest on the School, College and Seminary Funds."

Was read the second time; and
On motion of Mr. Stuart,
Referred to the committee on Education.

And then the House adjourned.

Thursday, December 31, 1835.

House met pursuant to adjournment.

Mr. Blackwell presented the petition of Mary Evans, widow of Simeon Evans deceased;
Which was read; and
On his motion,
Referred to the committee on the Judiciary.

Mr. Fithian presented the petition of sundry citizens of Vermillion county, and other counties, concerning a state road; and,
On his motion,
The reading thereof was dispensed with, and the same was Referred to a select committee.

Ordered, That Messrs. Fithian, Hamlin, and Brown, be that committee.

Mr. Stuart from the committee on Petitions, to which was referred the Petitions and remonstrances of sundry citizens of

185

Wabash county, for and against vacating the state road from Graysville to Mount Carmel &c. reported:
That on an examination of the said petitions and remonstrances, they find a large majority against granting the prayer of the petitioners, and therefore deem it inexpedient to legislate on the subject; and ask to be discharged from the further consideration of said petitions.

The committee were then discharged from the further consideration of said petitions.

Mr. Stuart from the select committee to which was referred the petition on the subject,
Reported a bill entitled,
"An act to amend an act for the benefit of the infant heirs of James Mason deceased;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Buckmaster,
The rule of the House was dispensed with, and said bill was now read a second time by its title, and,
On the further motion of Mr. Buckmaster,
Referred to a select committee.

Ordered, That Messrs. Buckmaster, Turney and Carpenter of Sangamon, be that committee.

Mr. Dawson from the committee on Internal Improvements, introduced a bill entitled,
"An act to incorporate the Galena and Chicago Union Rail Road Company;"
Which was read the first time, and
Ordered to a second reading,
On motion of Mr. Manly,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
Ordered to be engrossed for a third reading.

Mr. Cloud gave notice that on Saturday next or some day thereafter, he will ask leave to introduce a bill for
"An act to incorporate the Waverly and Grand Prairie Rail Road Company."

Also, a bill for
"An act to authorize the county commissioners courts of the several counties in this State, to appoint inspectors in their respective counties."

Mr. Dawson, from the committee on Internal Improvements, reported a bill entitled,

186

"An act to incorporate the Tremont and Pekin Rail Road Company;"
Which was read the first time; and,
Ordered to a second reading.

On motion of Mr. Frazer,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
On the further motion of Mr. Frazer,
Referred to a select committee.

Ordered, That Messrs. Frazer, Dawson and Wyatt, be that committee.

Mr. Hughes from the committee on Public Accounts and Expenditures, to which was referred the resolution relative to printing the laws of a general nature, in the newspapers, reported: That it is inexpedient to make such a provision at this time, and were discharged from the further consideration of the subject.

Mr. Hamlin from the select committee, to which was referred the petition of sundry citizens of Peoria county, for a change in part of the road from Peoria to Galena, reported a bill entitled,
"An act to change a part of the state road from Peoria to Galena;"
Which was read the first time, and
Ordered to a second reading.

Mr. Frazer from the select committee, to which was referred the bill from the Senate entitled,
"An act to establish a State Road from Maysville to Shelbyville;"
Reported the same back to the House with an amendment:
Which was read and concurred in.

Ordered to a third reading as amended.

Mr. Hunter from the select committee, to which was referred the petition of William Armstrong, and other citizens of Bond county, praying that said Armstrong may be permitted to sell goods &c. without license, reported a bill entitled,
"An act for the benefit of William Armstrong;"
Which was read the first time, and
Ordered to a second reading.

Mr. Buckmaster from the committee on the Judiciary,
reported a bill entitled,
"An act to extend the powers of the Trustees of Alton;"
Which was read the first time, and
Ordered to a second reading.

187

On motion of Mr. Buckmaster,
The rule of the House was dispensed with, and Said bill was now read the second time by its title; and, On the further motion of Mr. Buckmaster, Referred to the committee on the Judiciary.

Mr. Frazer from the select committee, to which was referred the bill entitled,
"An act to locate a state road from Liberty to Tremont;"
Reported the same back to the House with sundry amendments, Which were read and concurred in.

Ordered to be engrossed as amended, for a third reading.

Mr. Smith from the select committee to which was referred the bill entitled,
"An act, for the protection of stock against Castor Beans;" Reported the same back to the House with an amendment;
Which was read and concurred in.

The bill then passed.

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

Mr. Hamlin gave notice, that he should on Friday next, or some day thereafter, ask leave to introduce a bill, for
"An act to authorize the county commissioners of Cook county, to lay out additional Justices Districts."

Also, a bill for "An act to lay out a state road from Chicago to Peoria."

Mr. Bowyer, from the select committee to which was referred the engrossed bill entitled,
"An act to incorporate the Shawneetown and Alton Rail Road Company;"
Reported the same back to the House with several amendments;
Which were read and concurred in.

The bill then passed.

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

Mr. Cunningham gave notice, that on to-morrow or some day thereafter, he will ask leave to introduce a bill for
"An act to change the times of holding circuit courts in Coles county."

188

The resolution from the Senate in relation to the introduction of new business &c;
Was read.

Mr. Blackford moved to amend the resolution, by adding thereto, "That both Houses of this General Assembly, will adjourn sine die, on the 9th day of January, 1836."

Mr. Cunningham moved to amend the proposed amendment by striking out the word "9th," and inserting the word "11th."

Mr. Manly moved that said resolution and proposed amendments, be laid upon the table;
Which was not agreed to. — Yeas. 6. — Nays 44.

The Yeas and Nays being called for upon this motion,
Those voting in the affirmative, are
Messrs. Dunn, Hackelton, Manly, Oliver, Trower, and Wood. — 6.

Those voting in the negative, are
Messrs. Able, Blackford, Blackwell, Blockburger, Bowyer, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Cunningham, Dawson, Dubois, Elliott, Fithian, Frazer, Gordon, Gregory, Hampton, Hamlin, Harreld, Harris, Henry, Hughes, Hunt, Hunter, Moore, Murphy, Nunnally, Outhouse, Owen, Pace, Porter, Ross, Stuart, Smith, Turney, Vandevanter, Webb, Whiteside, Wren and Mr.Speaker. — 44.

Mr. Henry called for a division of the question upon the amendment to the amendment.

The question was then taken upon striking out "9," and inserting "11,"
And decided in the negative. — Yeas 19. — Nays 31.

The Yeas and Nays being called for,
Those voting in the affirmative, are
Messrs. Able, Blackwell, Blockburger, Brown, Butler, Carpenter of Sangamon, Craig, Cunningham, Dubois, Dunn, Harreld, Murphy, Nunnally, Oliver, Owen, Turney, Vandevanter, Wood and Wren. — 19.

Those voting in the negative, are
Messrs. Blackford, Bowyer, Buckmaster, Carpenter of Hamilton, Cloud, Dawson, Elliott, Fithian, Frazer, Gordon, Gregory, Hackelton, Hamlin, Hampton, Harris, Henry, Hughes, Hunt, Hunter, Manly, Moore, Outhouse, Pace, Porter, Ross, Stuart, Smith, Trower, Webb, Whiteside, and Mr. Speaker. — 31.

189

The question was then taken upon the amendment proposed by Mr. Blackford,
And decided in the negative. — Yeas 20. —Nays 30.

The yeas and nays being called for:
Those voting in the affirmative, are
Messrs. Able, Blackford, Carpenter of Hamilton, Carpenter of Sangamon, Cunningham, Dubois, Elliott, Fithian, Gordon, Gregory, Harreld, Hughes, Hunt, Manly, Murphy, Pace, Porter, Ross, Turney, Webb and Mr. Speaker. — 20.

Those voting in the negative, are
Messrs. Blackwell, Blockburger, Bowyer, Brown, Buckmaster Butler, Carpenter of Sangamon, Cloud, Craig, Dawson, Dunn, Frazer, Hackelton, Hamlin, Hampton, Harris, Henry, Hunter, Moore, Nunnally, Oliver, Outhouse, Owen, Stuart, Smith, Trower, Vandevanter, Whiteside, Wood and Wren — 30.

Mr. Webb moved the previous question:
On the question,
Shall the previous question be now put?

It was decided in the affirmative.

The question was then put,
Will the House concur with the Senate in the adoption of said resolution?

It was decided in the affirmative. — Yeas 48. Nays 1.

The yeas and nays being called for:
Those voting in the affirmative, are
Messrs. Able, Blackford, Blockburger, Blackwell, Bowyer, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Cunningham, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hackelton, Hamlin, Hampton, Harreld, Harris, Henry, Hughes, Hunt, Hunter, Manly, Moore, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Ross, Stuart, Smith, Trower, Turney, Tunnell, Vandevanter, Webb, Whiteside, Wren and Mr. Speaker. — 48.

In the negative, Mr. Wood. — 1.

Ordered That the clerk inform the Senate thereof.

Mr. Gregory, from the committee on Education, introduced a bill entitled,
"An act for Internal Improvements;"
Which was read the first time, and
Ordered to a second reading.

190

Mr. Hughes in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act concerning the Auditor of Public Accounts."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr.Manly,
The rule of the House was dispensed with, and said bill was now read the second time by its title, and
On the further motion of Mr. Manly,
The bill was referred to the committee on the Judiciary.

Mr. Manly gave notice that on tomorrow, or some day thereafter, he should ask leave to introduce a bill for
"An act supplemental to an act, to incorporate the Chicago and Vincennes Rail Road Company, approved Jan. 17, 1835."

And then the House adjourned until 2 o'clock, P. M.

2 o'clock P. M.

House met pursuant to adjournment.

Mr. Ross, in pursuance of previous notice, asked and obtained leave to introduce a bill, entitled
"An act concerning the counties of Pike and Adams;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Hackelton,
The rule of the House was dispensed with, and said bill
Was now read the second time by its title, and
On the further motion of Mr. Hackelton,
Referred to the committee on Finance.

Mr. Turney from the select committee, to which was referred the petition of the citizens of Greene county, for a new justices district, reported a bill entitled,
"An act to create an additional justices district in the county of Greene;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Ross,

191

The rule of the House was dispensed with, and the bill read the second time by its title; and,
Ordered to be engrossed for a third reading.

Mr. Fithian from the select committee to which was referred the engrossed bill, entitled
"An act to amend an act concerning Public Roads."
Reported the same back to the House with an amendment;
Which was read and concurred in.

The bill then passed as amended.

Ordered, That the title of said bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

Mr. Trower gave notice that on tomorrow, or some day thereafter, he should ask leave to introduce a bill, for
"An act supplemental to an act entitled, an act to extend the jurisdiction of Justices of the Peace in certain cases therein named."

And also a bill, for
"An act to relocate and review the state road from Shelbyville to Hillsboro'."

Mr. Hamlin, from the select committee, to which was referred the bill from the Senate entitled,
"An act to locate a State Road from the termination of the Indiana State Road to Ottowa."

Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to a third reading as amended.

Mr. Hackelton, in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act relative to certain school lands in the county of Fulton;"
Which was read the first time, and
Ordered to a second reading.

Mr. Whiteside presented the petition of sundry citizens of Monroe county, residing in Township 3 south, range 8 west, praying for the sale of the 16th section in said township: and,
On his motion,
The reading thereof was dispensed with, and said petition was
Referred to the committee on Education.

Mr. Trower, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,

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"An act, concerning the sixteenth section in township sixteen north, range two east, in Macon county;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Trower,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
On the further motion of Mr. Trower,
Referred to the committee on Education.

Mr. Oliver, in pursuance of previous notice asked and obtained leave to introduce a bill entitled,
"An act, for the benefit of Mary Hitchcock."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Oliver,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and,
On the further motion of Mr. Oliver,
Referred to the committee on the Judiciary.

The engrossed bill entitled,
"An act to incorporate the Alton, Wabash and Erie Canal Rail Road company."

Was read the third time.

Mr. Henry moved to refer said bill to the committee on Internal Improvements.

Mr. Blockburger moved to refer said bill to a select committee.

The question on referring said bill to the committee on Internal Improvements, was first put and agreed to.

The engrossed bills entitled,
"An act for the relief of Samuel Copeland;"
"An act declaring a road therein named, to be a state road;"
"An act to change the times of holding circuit courts in the county of Pike."
"An act, for the benefit of David McKee;" and,
"An act, to improve a certain road in Edgar county;"

The bills from the Senate entitled,
"An act to lay out a State Road therein named."
"An act to amend an act entitled an act, to incorporate the Colleges therein named," and,
"An act to locate a State Road from Quincy in Adams County, to Pittsfield in Pike County."

Were severally read the third time, and passed.

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Ordered, That the titles of the bills be severally as aforesaid, that the Clerk carry said five first mentioned bills to the Senate and ask their concurrence therein; and inform them of the concurrence of the House in the passage of the three last.

The bill from the Senate entitled,
"An act to authorize John Boles and James L. Kirkpatrick to build a bridge across Fever river;"
Was read the second time; and,
Ordered to a third reading.

The bills entitled,
"An act in relation to the title of school lands;"
"An act for the benefit of Samuel Witter;"
"An act to authorize the person therein named, to build a toll bridge across Green river;"
"An act, changing an appropriation heretofore made to Lawrence county," and,
"An act relative to the town of Utica in the county of Fulton;"
Were severally read the second time; and
Ordered to be engrossed for a third reading.

The bill entitled,
"An act to amend an act, entitled an act, to provide for the establishment of Ferries, toll-bridges and turnpike roads, approved Feb. 12th, 1827;"
Was read the second time; and, On motion of Mr. Moore, Referred to the committee on the Judiciary.

The bill entitled,
"An act for the permanent establishment of so much of the road from Vandalia to Hillsboro' as lies between Vandalia and Daniel Browning's, and for other purposes;"
Was read the second time; and On motion of Mr. Blockburger, Referred to a select committee.

Ordered, That Messrs. Blockburger, Blackwell and Craig, be that committee.

The bill entitled,
"An act to incorporate the Alton Shot and Lead Manufacturing Company."

Was read the second time; and On motion of Mr. Buckmaster, Referred to the committee on the Judiciary.

The bill entitled

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"An act to locate and establish a state road from the Wabash river, in Crawford county, to ShelbyVille in Shelby county;"
Was read the second time; and,
On motion of Mr. Trower,
The bill was referred to a select committee.

Ordered, That Messrs. Trower, Porter, and Cunningham, be that committee.

On motion of Mr. Buckmaster,
The committee of the Whole House was discharged from the further consideration of the bill entitled,
"An act to relocate the Penitentiary;" and
The bill was then
Ordered to be engrossed and read a third time.

Mr. Manly moved to discharge the committee of the Whole House from the further consideration of the bill entitled,
"An act to divorce and change the names of the persons therein mentioned."

When,
The House adjourned.

Friday, January 1, 1836.

House met pursuant to adjournment.

A message from the Governor, by A. P. Field, Esq. Secretary of State.

"Mr. Speaker, — I am directed by the Governor, to lay before the House of Representatives, a communication in writing."

And he withdrew.

A message from the Senate by Mr. White their Secretary.

"Mr. SPEAKER:— I am directed by the Senate to inform the House of Representatives, that the Senate have concurred with them in the adoption of the resolution, having for its object the appointment of a joint select committee of five — three on the part of the House of Representatives, and two on the

195

part of the Senate, to enquire into the expediency of changing the times of holding Circuit Courts in the 3d Judicial Circuit, as amended by them; and have appointed Messrs. Bond and Gatewood the committee on their part.

The Senate amend by adding the words "second and," after the word "the," in the 6th line of the resolution; in which amendment they ask the concurrence of the House of Representatives.

They have concurred with the House of Representatives, in the passage of the bill from the House of Representatives entitled,
"An act to relocate the seat of Justice of Clark county."

And he withdrew.

Mr. Dunn, from the committee on the Judiciary, to which was referred the bill entitled,
"An act to change the mode of listing taxable property in this State;"
Reported the same back to the House with sundry amendments;
Which were read; and, On motion of Mr. Whiteside, Laid upon the table together with the bill.

Mr. Dawson from the committee on Internal Improvements, to which was referred the engrossed bill entitled,
"An act to incorporate the Alton, Wabash, and Erie Canal Rail Road Company;"
Reported the same back to the House with an amendment, which was read and concurred in.

The bill then passed.

On motion of Mr.Buckmaster,
The title of the bill was amended, by striking out the word "Canal."

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

Mr. Stuart from the committee on Petitions, to which was referred the petition of sundry citizens of Sangamon county, to change a certain state road,
Reported a bill entitled,
"An act to vacate part of the State road leading from Springsfield to Jacksonville;"
Which was read the first time; and,
Ordered to a second reading.

196

On motion of Mr. Stuart,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and,
Ordered to be engrossed for a third reading.

Mr. Gregory from the committee on Education, to which was referred the bill from the Senate entitled,
"An act to amend an act entitled an act to provide for the distribution and application of the interest on the School, College and Seminary Funds."

Reported the same back to the House with an amendment;
Which was read and concurred in. Ordered to a third reading, as amended.

Mr. Blockburger from the select committee to which was referred the bill entitled,
"An act for the permanent establishment of so much of the road from Vandalia to Hillsboro', as lies between Vandalia and Daniel Browning's; and for other purposes;"
Reported the same back to the House without amendment.

Ordered to be engrossed for a third reading.

Mr. Dunn, from the committee on the Judiciary, to which was referred the bill entitled,
"An act concerning fees."

Reported the same back to the House with an amendment,
Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Frazer, from the select committee, to which was referred the bill entitled,
"An act to incorporate the Tremont and Pekin Rail Road Company;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Gregory from the committee on Education, to which was referred the bill entitled,
"An act concerning the sixteenth section, in township sixteen north, in range 2 east in Macon county;"
Reported the same back to the House without amendment;
Ordered to be engrossed and read a third time.

On motion of Mr. Moore,
The vote taken on yesterday on ordering the bill entitled,
"An act to relocate the Penitentiary," to be engrossed for a third reading; was reconsidered. And,

197

On motion of Mr. Moore, Referred to a select committee.

Ordered, That Messrs. Moore, Buckmaster, and Harris, be that committee.

Mr. Ross, in pursuance of previous notice given, asked and obtained leave to introduce a bill entitled,
"An act to locate a state road therein named."

Which was now read the first time, and
Ordered to a second reading.

On motion of Mr. Gordon,
The rule of the House was dispensed with, and said bill was now read the second time by its title; and,
Ordered to be engrossed for a third reading.

Mr. Craig, in pursuance of previous notice, asked, and obtained leave to introduce a bill entitled,
"An act to lay out a state road leading from Freeman's ferry on the Mississippi River, to James Harreld's in Jackson county,"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Craig,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
On the further motion of Mr. Craig,
Referred to a select committee.

Ordered, That Messrs. Craig, Harreld and Wren, be that committee.

Mr. Frazer, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act, declaring the Little Wabash river, a navigable stream;"
Which was read the first time, and
Ordered to a second reading.

Mr. Fithian from the select committee, to which was referred the petition of sundry citizens of Vermillion county, for a state road, reported a bill entitled,
"An act to establish a state road from Danville to Ottowa;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Fithian,
The rule of the House was dispensed with, and said bill was now read the second time by its title, and
Ordered to be engrossed and read a third time.

198

Mr. Wood gave notice that he should, on to-morrow, or some day thereafter, ask leave to introduce a bill.

On motion of Mr. Smith,
Resolved, That the committee on the Judiciary be requested to enquire into the expediency of prohibiting by law, the circulation of notes of foreign Banks, under the denomination of five dollars; and that they have leave to report by bill or otherwise.

Mr. Speaker laid before the House the communication this day received from the Governor; which was read as follows, viz:
Executive department,

Vandalia, January 1st, 1836.

To the Honorable,
The Speaker of the House of Representatives;

SIR:— I beg leave to inform the House of Representatives, that a vacancy has occurred in the office of Judge of Probate, in the county of Clay, by the resignation of Caleb Ridgway, Esq.

I have the honor to be,
Sir, your obedient servant,
JOSEPH DUNCAN.

And,
On motion of Mr. Moore,
Laid upon the table.

Mr. Wren in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to change a part of the State road leading from Shawneetown to Kaskaskia;"
Which was read the first time; and
Ordered to a second reading.

On motion of Mr. Wren,
The rule of the House was dispensed with, and
Said bill was read the second time by its title; and,
On motion of Mr. Murphy,
Referred to a select committee.

Ordered, That Messrs. Murphy, Hampton and Thompson, be that committee.

Mr. Buckmaster gave notice that he should, on Saturday next, or some day thereafter, ask leave to introduce a bill entitled,

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"An act to provide for recording certain property therein named."

Also:
A bill for
"An act to change the powers of certain courts;"

On motion of Mr. Frazer,
Resolved, That both Houses of the General Assembly meet in the Hall of the House of Representatives, on to-morrow at 2 o'clock P. M., for the purpose of electing a Judge of Probate for Clay county.

Ordered, That the clerk inform the Senate thereof, and ask their concurrence therein.

Mr. Hackelton gave notice that on Saturday next, or some day thereafter, he should ask leave to introduce a bill for
"An act to locate a, state road from Knoxville to Galena;"
Also, a bill for
"An act to change a part of the state road from Havana to McComb."

Mr. Craig, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act to repeal a law making a state road from Jonesboro' to Littleton's Ferry;"
Which was read the first time; and
Ordered to a second reading.

On motion of Mr. Craig,
The rule of the House was dispensed with, and the bill read the second time by its title, and
Ordered to be engrossed for a third reading.

Mr. Webb, from the select committee, to which was referred the bill entitled,
"An act to amend an act, concerning marks and Brands;"
Reported back to the House a substitute;
Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Buckmaster gave notice that on Saturday next, or some day thereafter, he should ask leave to introduce a bill for
"An act to extend certain state roads therein named,"
Mr. Trower in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to review and re-locate the State Road from Shelbyville to Hillsboro';"
Which was read the first time; and
Ordered to a second reading

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On motion of Mr. Trower,
The rule of the House was dispensed with, and said bill read the second time by its title;
Ordered to be engrossed for a third reading.

Mr. Buckmaster from the select committee, to which was referred the bill from the Senate, entitled,
"An act for the relief of the Sheriffs therein named."

Reported the same back to the House with an amendment; Which was read; and,
On motion of Mr. Henry,
Said bill and proposed amendments were Laid upon the table.

Mr. Hughes gave notice that he should, on Saturday next, ask leave to introduce a bill for
"An act to amend an act entitled, an act regulating elections."

The bill from the Senate entitled,
"An act to establish a State Road from Maysville to Shelbyville,"
Was read the third time.

Mr. Blackwell proposed to amend the first section by striking out the name of "William H. Hawkins," and inserting the name of "William J. Hankins;"
Which was agreed to.

The bill then passed as amended.

Ordered, That the title of the bill be as aforesaid, that the Clerk inform the Senate thereof, and ask their concurrence to the amendment of the House to said bill.

The engrossed bill entitled,
"An act to locate a state road from Liberty to Tremont,"
Was read the third time and passed.

Ordered, That the title of the bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

And then the House adjourned until 2 o'clock, P. M.

2 o'clock P. M.

House met pursuant to adjournment.

The bills from the Senate entitled,
"An act to locate a State road from the termination of the Indiana State road to Ottowa;" and

201

"An act to authorise John Boles and James L. Kirkpatrick to build a Bridge across Fever River,"
Were severally read the third time and passed.

Ordered, That the titles of the bills be as aforesaid, that the clerk inform the Senate thereof, and ask their concurrence in the amendment of the House to the former bill.

The engrossed bills entitled,
"An act, in relation to the title of School Lands."
"An act to authorize the person therein named to build a toll bridge across Green river."
"An act changing an appropriation heretofore made to Lawrence county," and,
"An act relative to the town of Utica in the county of Fulton;"
Were severally read the third time, and passed.

Ordered, That the titles of said bills be as aforesaid, that the clerk carry said bills to the Senate, and ask their concurrence therein.

The engrossed bill entitled,
"An act for the benefit of Samuel Witter,"
Was read the third time; and,
On motion of Mr. Frazer,
The bill was amended by inserting the words "Town one north."

The bill then passed as amended.

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

The question pending at the adjournment of the House on yesterday evening, upon the motion of
Mr. Manly, to discharge the committee of the Whole House from the further consideration of the bill entitled,
"An act to divorce and change the names of the persons therein mentioned;"
Was put, and decided in the negative.

The House then resolved itself into a committee of the Whole House, to take said bill into consideration;
And after some time spent therein, Mr. SPEAKER resumed the Chair; and,
Mr.Turney reported, That the committee of the Whole House have, according to order, had said bill under consideration

202

have made sundry amendments thereto, in which they ask the concurrence of the House.

Which were read and not concurred in.

Mr. Webb moved to lay said bill, upon the table until the 4th day of July next;
Which was decided in the affirmative, — Yeas 31. Nays 17.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blackwell, Brown, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dawson, Dubois, Dunn, Elliott, Fithian, Gordon, Hackelton, Hampton, Harreld, Harris, Hunt, Hunter, Manly, Moore, Oliver, Owen, Pace, Porter, Stuart, Trower, Webb, Wood, and Mr. Speaker. — 31.

Those voting in the negative, are
Messrs. Blockburger, Bowyer, Buckmaster, Craig, Cunningham, Frazer, Gregory, Hamlin, Henry, Hughes, Murphy, Outhouse, Ross, Smith, Turney, Vandevanter, and Whiteside. — 17.

The House resolved itself into a committee of the Whole House, to take into consideration the bill entitled,
"An act to appoint commissioners out of this State."

And after some time spent therein,
Mr. Speaker resumed the Chair; and,
Mr. Whiteside reported, That the committee of the Whole have, according to order, had said bill under consideration, and had amended the same by striking out all after the enacting clause; in which amendment they ask the concurrence of the House.

Which was agreed to.

On motion of Mr. Stuart,
Said bill was referred to a select committee.

Ordered, That Messrs. Stuart, Hunter and Blockburger be that committee.

The bills entitled,
"An act to change a part of the state road from Peoria to Galena,"
"An act for the benefit of William Armstrong,"
"An act relative to certain school lands in the county of Fulton,"
Were severally read the second time; and
Ordered to be engrossed for a third reading.

The bill entitled

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"An act for Internal Improvements,"
Was read the second time.

Mr. Dawson moved to refer said bill to a select committee.

Mr. Carpenter of Sangamon moved to lay said bill upon the table until the 4th day of July next.

The question was put,
Upon the motion to refer said bill to a select committee, and decided in the negative.

The question was then put to lay said bill upon the table until the 4th day of July next,
And decided in the negative.

On motion of Mr. Gregory,
Referred to the committee on Education.

The engrossed bill entitled,
"An act to incorporate the Galena and Chicago Union Rail Road Company;"
Was read the third time and passed.

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

The engrossed bill entitled,
"An act to create an additional justices district in the county of Greene,"
Was read the third time; and
On motion of Mr. Turney,
Laid upon the table.

Mr. Frazer gave notice that on to-morrow, or some day thereafter, he should ask leave to introduce a bill for
"An act to change a part of the State Road leading from Golconda to Vandalia, and for other purposes, approved Feb. 12, 1835."

Mr. Gregory, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act to establish a State Road from Alton to Point Pleasant;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Cloud,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and,
On the further motion of Mr. Cloud,
Referred to a select committee.

204

Ordered, That Messrs. Cloud, Gregory, and Vandevanter, be that committee.

Mr. Dunn from the committee on the Judiciary, to which was referred the bill entitled,
"An act to authorize certain persons therein named, to make deeds,"
Reported the same back to the House without amendment;
The bill then passed.

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

Mr. Murphy, in pursuance of previous notice asked and obtained leave to introduce a bill entitled,
"An act to locate a State Road therein named."

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Murphy,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
On motion of Mr. Bowyer,
Referred to a select committee.

Ordered, That Messrs. Bowyer, Murphy and Dunn, be that committee.

Mr. Blockburger presented the petition of Anna Shepherd, praying the passage of an act to authorize her to sell certain lands, and,
On his motion,
The reading thereof was dispensed with and said petition was
Referred to a select committee.

Ordered, That Messrs. Blockburger, Hunter and Harris be that committee.

Mr. Dunn from the committee on the Judiciary, reported a bill entitled,
"An act fixing the times of holding the Circuit Courts in the several counties therein named;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Cunningham, The rule of the House was dispensed with, and said bill
Was now read the second time by its title, and Ordered to be engrossed far a third reading.

205

Mr. Trower from the select committee, to which was referred the bill entitled,
"An act to locate and establish a state road from the Wabash river in Crawford county, to Shelbyville in Shelby county;"
Reported the same back to the House with several amendments;
Which were read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Buckmaster gave notice that on Saturday next, or some day thereafter, he should ask leave to introduce a bill entitled,
"An act supplemental to an act to incorporate the Alton Hotel Company."

And then the House adjourned.

Saturday, January 2, 1836.

House met pursuant to adjournment.

Mr. Cloud from the committee on enrolled bills, reported as correctly enrolled the bill entitled,
"An act making partial appropriations."

Mr. Dunn from the committee on the Judiciary, to which was referred the bill entitled,
"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 with sundry amendments,
Which were read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Buckmaster presented the petition of Seth T. Sawyer, praying compensation for certain legal services.

Which was read; and,
On motion of Mr. Stuart,
Laid upon the table.

Mr. Gregory, from the committee on Education, to which

206

was referred the petition of the inhabitants of Township 3 south, range 8 west, praying the sale of the 16th section in said township;
Reported a bill entitled,
"An act, providing for the sale of Section sixteen in Township three south of range eight west;"
Which was read the first time, and
Ordered to a second reading.

Mr. Dunn from the committee on the Judiciary, to which was referred the bill entitled,
"An act to incorporate the Alton Shot, and lead manufacturing company;"
Reported the same back to the House with sundry amendments;
Which were read and concurred in.

Ordered to be engrossed for a third reading.

"Mr. Dunn from the committee on the Judiciary, to which was referred the bill entitled,
"An act making Clerks of County Commissioners' Courts elective."

Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Fithian from the committee on Salines, to which was referred the bill entitled,
"An act, relating to the Gallatin county Saline;"
Reported the same back to the House without amendment; and recommended a rejection of said bill.

The bill was read; and,
On motion of Mr. Stuart,
Laid upon the the table.

Mr. Whiteside from the committee on Finance, to which was referred the bill entitled,
"An act, concerning the counties of Pike and Adams;"
Reported the same back to the House without amendment
Ordered to be engrossed for a third reading.

Mr. Hughes from the committee on Public Accounts and Expenditures, to which was referred the reports of the Auditor and Treasurer of the State, made a report and asked to be discharged from the further consideration of the subject; and were accordingly discharged.

Mr. Hughes from the same committee, to which was referred the resolution requiring said committee to enquire into

207

the probable amount of the expenses of the Government for the next year, made the following Report viz:
That the probable amount of money necessary for defraying the expenses of the State for the succeeding year, will be:
For

Contingent Fund,	$4,000
Penitentiary,	750
Interest on Wiggins Loan,	6,000
Governor's Salary,	1,000
Auditor's do	1,600
Treasurer's do	1,600
Secretary of State's	1,100
Supreme Judges,	4,000
Circuit, do	4,500
Attorneys,	1,850
Agent of Ohio Salines,	200
Warden of Penitentiary,	400
Public Printer,	2000
Counties on the Bounty Tract,	4,150
Special appropriations and incidental expenses,	6000
General Assembly for Session of 1836-7,	37,000
To which add the expenses of the present session of the General Assembly,	13,000
TOTAL,	$89,150

Mr. Hughes from the same committee, to which was referred the bill from the Senate entitled,
"An act making compensation to the person therein named,"
Reported the same back to the House without amendment.

Mr. Hughes from the same committee, reported a bill entitled,
"An act supplemental to an act, making appropriations for the years 1835 and 1839, approved 13th February 1835,"
Which was read the first time, and
Ordered to a second reading.

Mr. Turney from the select committee, to which was referred the bill from the Senate entitled,
"An act to incorporate the Stockholders of the Alton Exporting Company,"
Reported the same back to the House with sundry amendments;
Which were read.

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Mr. Buckmaster moved to amend said report by striking out the word "one," as the number of acres, and inserting the word "three."

Mr. Henry moved to lay said bill upon the table until the 4th day of July next.

Which was decided in the negative. — Yeas 19. — Nays 28.

The Yeas and Nays being called for,
Those voting in the affirmative, are
Messrs. Blackford, Bowyer, Butler, Carpenter of Sangamon, Cunningham, Dawson, Dubois, Hackelton, Hampton, Henry, Lincoln, Nunnally, Oliver, Pace, Porter, Tunnell, Turney, Vandevanter, and Webb. — 19.

Those voting in the negative, are
Messrs. Able, Blackwell, Brown, Buckmaster, Cloud, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hamlin, Harreld, Harris, Hughes, Hunt, Manly, Moore, Murphy, Outhouse, Owen, Ross, Stuart, Smith, Trower, Whiteside, Wood and Mr. Speaker. — 28.

The question was then taken upon the motion to amend the report of the select committee, and decided in the affirmative.

Mr. Webb then called for a division of the question upon the amendments proposed by the select committee.

The question was then taken upon the first amendment, And agreed to as amended.

The question was then taken upon the second amendment,
And not agreed to.

The question was then put upon the the third amendment,
And was decided in the affirmative. — Yeas 28. Nays 21.

The yeas and nays being called for:
Those voting in the affirmative, are
Messrs. Blackford, Blackwell, Bowyer, Brown, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Cunningham, Dawson, Dubois, Dunn, Elliott, Gordon, Hackelton, Hampton, Harris, Henry, Hughes, Lincoln, Moore, Nunnally, Oliver, Pace, Porter, Trower, Tunnell, Turney, and Wren. — 28.

Those voting in the negative, are
Messrs. Able, Buckmaster, Craig, Fithian, Frazer, Gregory, Hamlin, Harreld, Hunt, Manly, Murphy, Outhouse, Owen, Ross, Stuart, Smith, Vandevanter, Webb, Whiteside, Wood and Mr. Speaker. — 21.

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Mr. Nunnally moved to amend the bill further, by adding at the end of section 11, the following proviso, viz:
"Provided, That the provisions of this act shall in no case extend to the counties of Edgar, Greene and St. Clair;"
Which was agreed to. — Yeas 27. — Nays 20.

The yeas and nays being called for:
Those voting in the affirmative, are
Messrs. Able, Bowyer, Brown, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Cunningham, Elliot, Hackelton, Harreld, Harris, Henry, Hughes, Manly, Nunnally, Oliver, Outhouse, Stuart, Smith, Trower, Tunnell, Turney, Vandevanter, Whiteside, Wood, Wren and Mr. Speaker. — 27.

Those voting in the negaative, are
Messrs. Blackford, Blackwell, Craig, Dawson, Dubois, Dunn, Fithian, Frazer, Gordon, Gregory, Hamlin, Hampton, Hunt, Lincoln, Murphy, Owen, Pace, Porter, Ross, and Webb. — 20.

On motion of Mr. Buckmaster,
The bill was laid upon the table.

Mr. Cloud from the select committee to which was referred the bill entitled,
"An act to establish a state road from Alton to Point Pleasant;"
Reported the same back to the House with sundry amendments;
Which were read and concurred in.

The bill was then
Ordered to be engrossed for a third reading.

Mr. Moore, from the select committee, to which was referred the bill entitled,
"An act to re-locate the Penitentiary;"
Reported the same back to the House with an amendment,
Which was read; when,
On motion of Mr. Whiteside,
The report was amended by inserting "some three persons."

The report as amended, was then concurred in.

Ordered to be engrossed for a third reading.

Mr. Owen from the select committee, to which was referred the petition of sundry citizens of Hancack county, for a certain state road therein named; reported a bill entitled,
"An act a locate a state road from Warsaw inHancock county, to McComb in McDonough county;"
which was read the first time, and
ordered to a second reading.

210

Mr. Dubois moved that the House adjourn. Which was not agreed to.

Mr. Blackwell from the committee on Finance,
Reported a bill entitled,
"An act for the benefit of Thomas G. B. S. Kirkman, infant son of Thomas C. Kirkman,"
Which was read the first time, and
Ordered, to a second reading.

On motion of Mr. Ross,
The rule of the House was dispensed with, and said bill was now read the second time by its title, and
On the further motion of Mr. Koss,
Referred to a select committee.

Ordered, That Messrs. Ross, Blackwell and Carpenter of Hamilton, be that committee.

Mr. Dunn, from the committee on the Judiciary, to which was referred the bill entitled,
"An act concerning the Auditor of public Accounts."

Reported the same back to the House with an amendment,
Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Owen, from the select committee, to which was referred the bill entitled,
"An act to locate a state road from Monmouth in Warren county, to Carthage in Hancock county;"
Reported the same back to the House with an amendment, which was read and concurred in.

Ordered to be engrossed for a third reading.

And then the House adjourned until 2 o'clock, P.M.

2 o'clock P. M.

House met pursuant to adjournment.

Mr. Cloud, in pursuance of notice heretofore given, asked and obtained leave to introduce a bill entitled,
"An act to incorporate the Waverly and Grand Prairie Rail Road Company."

211

Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Cloud,
The rule of the House was dispensed with, and said bill was now read the second time by its title, and On the further motion of Mr. Cloud, Referred to a select committee.

Ordered, That Messrs. Cloud, Harris and Wyatt, be that committee.

Mr. Tunnell proposed for adoption the following Preamble and Resolutions, viz:
WHEREAS, During the late War with England in 1812; and during the great political struggles of 1798 — 1812 — 1824 and 1828, the people of New York, Pennsylvania, Virginia, and the Southern and Western States, a great majority of whom are now supporting the election of Martin Van Buren, and Richard M. Johnson, and opposed to the election of Hugh L. White, were of the Democratic Party, and as the Federalists of the New England States, who are now supporting Webster for President; and opposed Madison the War President, and Democratic candidate in 1814; when the success of the war depended upon the democratic party, and opposed General Jackson in 1824, and voted against him in Congress in 1825 — the People's candidate — opposed to Executive Patronage; and as the State of South Carolina, now supporting Hugh L. White, has taken the lead in the odious measures of Nullification:
Therefore:—
Resolved by the General Assembly of the State of Illinois, That we deprecate as grossly unjust, the false and arrogant claims of the Webster, White, and Harrison party, to the exclusive use of the ancient and honorable name of Whig.

Resolved, That we have the most perfect confidence in the patriotism, integrity, and Democratic Republican principles of Martin Van Buren of New York, and Richard M. Johnson of Kentucky.

Resolved, That we approve of their nomination by the Democratic Convention held at Baltimore, on the 20th of May last, and that we earnestly recommend them to our fellow citizens, as proper persons to fill the offices of President and vice President of the United States.

212

Resolved, That as every man, who is eligible to the office of President, has an undoubted right to become a candidate, there is the greater necessity for the people to meet together, and agree who they will support, in order to prevent an election by Congress; and that we deprecate as cruel and unjust the attempts which have been made, and are now making by the Webster, White, and Harrison party, to cast opprobrium on the name of General Jackson.

Resolved, That we approve of the Democratic doctrine, as laid down by Mr. Jefferson in 1801, and by Jackson in 1829, and that we disapprove of the duplicity of those, who have been for the last ten years, engaged in abusing General Jackson, now resolving that they approve of his measures in 1829.

Resolved, That we view the continued efforts of the opposition party, to divide the Jackson democratic party, and thus bring the election into the House of Representatives, as evidence that they have no hope of success by fair means, and their want of respect for the good sense and independence of the people.

Which were read; and, On motion of Mr. Turney, Laid upon the table.

Mr. Murphy from the select committee, to which was referred the petition of sundry citizens of Perry county for a certain state road therein named, Reported a bill entitled,
"An act to locate the State Roads therein named,"
Which was read the first time, and
Ordered to a second reading.

Mr. Frazer, in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to revive an act, changing a part of the State road from Vandalia to Golconda, approved February 12, 1835;"
Which was read the first time; and
Ordered to a second reading.

On motion of Mr. Trower,
The rule of the House was dispensed with, and
Said bill was read the second time by its title; and,
On the further motion of Mr. Trower,
The bill was referred to a select committee.

Ordered, That Messrs. Trower, Frazer, and Dunn, be that committee.

213

Mr. Hamlin in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to lay out a state road from Chicago to Peoria."

Which was read the first time, and
Ordered to a second reading.

Mr. Blockburger from the select committee, to which was referred the petition of Anna Shepherd for power to sell certain land;
Reported a bill entitled,
"An act for the benefit of the widow and heirs of Pleasant Shepherd deceased;"
Which was read the first time, and
Ordered to a second reading.

Mr. Cloud from the committee on Enrolled bills, reported that they have this day laid before the Council of Revision, a bill entitled,
"An act making partial appropriations."

Mr. Hughes, in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to amend an act entitled, an act regulating elections, approved January 10th, 1829;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Moore,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and,
On the further motion of Mr. Moore,
Referred to a select committee of five.

Ordered, That Messrs. Moore, Hughes, Turney, Oliver and Pace, be that committee.

Mr. Manly, in pursuance of previous notice, asked and obtained leave to introduce a bill, entitled
"An act to amend an act, to incorporate the Chicago and Vincennes Rail Road Company, approved Jan 17, 1835."

Which was read the first time; and
Ordered to a second reading.

On motion of Mr. Dubois,
The rule of the House was dispensed with, and said bill was now read the second time by its title; and,
On the further motion of Mr. Dubois,
Referred to a select committee of five.

Ordered, That Messrs. Dubois, Manly, Nunnally, Elliott, and Porter, be that committee.

214

Mr. Trower in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act supplemental to an act entitled, in net to extend the jurisdiction of Justices of the Peace in certain cases therein named."

Which was read the first time; and,
Ordered to a second reading.

Mr. Smith from the committee on Public Accounts and Expenditures,
Reported a bill entitled,
"An act, concerning the distribution of the Laws and Journals of the General Assembly;"
Which was read the first time, and
Ordered to a second rending,
Mr. Buckmaster from the committee on the Judiciary, Reported a bill entitled,
"An act supplemental to the several acts relating to the Circuit Courts in this State;"
Which was read the first time, and
Ordered to a second reading.

Mr. Gregory from the select committee to which was referred the bill entitled,
"An act, appropriating the residium of the Vermillion Saline Lands;"
Reported the same back to the House with sundry amendments; which were read.

Mr. Vandevanter moved to amend the proposed amendments, by inserting after the word "Fulton," the word "Schuyler."

Mr. Gregory moved to refer the bill and proposed amendments to a committee of the Whole House, and make it the order of the day for this day.

Mr. Hughes moved to amend the motion, so as to make it the order of the day for Monday next;
Which was agreed to.

The motion as amended was then agreed to.

Mr. Trower, in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to establish a slate road from Carthage in Hancock county, to the Mississippi river, opposite Madison in Wisconsin Territory;"
Which was read the first time, and
Ordered to a second reading.

215

On motion of Mr. Owen,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
Ordered to be engrossed for a third reading.

Mr. Hunt, in pursuance of previous notice given, asked and obtained leave to introduce a bill entitled,
"An act to improve the state road from Mount Carmel to Salem in Marion county;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Hunt,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
On the further motion of Mr. Hunt,
Referred to a select committee.

Ordered, That Messrs. Hunt, Frazer and Smith, be that committee.

Mr. Buckmaster in pursuance of previous notice, asked and obtained leave to introduce a bill entitled,
"An act to record certain property therein named,"
Which was read the first time.

Mr. Buckmaster moved to lay said bill upon the table.

Which was not agreed to.

Ordered to a second reading.

On motion of Mr. Buckmaster,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and,
On the further motion of Mr. Buckmaster,
Referred to a select committee.

Ordered, That Messrs. Buckmaster, Turney and Tunnell be that committee.

Mr. Stuart moved that the House adjourn until Monday morning;
Which was not agreed to.

Mr. Craig gave notice that on to-morrow, or some day thereafter, he should ask leave to introduce a bill, for
"An act to authorize certain persons therein named to convey real estate."

Mr. Trower from the committee on Education, Reported a bill entitled,
"An act for the purposes therein named;"
Which was read the first time.

On the question,

216

Shall said bill be read a second time?

It was decided in the affirmative. — Yeas 37. — Nays 11.

The Yeas and Nays being called for:
Those voting in the affirmative, are
Messrs. Able, Blackwell, Blockburger, Bowyer, Brown, Buckmaster, Butler, Cloud, Cunningham, Dunn, Elliott, Frazer, Gregory, Hackelton, Hampton, Harreld, Harris, Henry, Hunt, Lincoln, Manly, Moore, Murphy, Oliver, Outhouse, Owen, Pace, Porter, Ross, Stuart, Smith, Trower, Turney, Vandevanter, Webb, Whiteside and Mr. Speaker. — 37.

Those voting in the negative, are
Messrs. Blackford, Carpenter of Hamilton, Carpenter of Sangamon, Craig, Dubois, Fithian, Hamlin, Hughes, Nunnally, Tunnell and Wood. — 11.

And then the House adjourned until Monday morning 10 o'clock, A. M.

Monday, January 4, 1836.

House met pursuant to adjournment.

A message from the Senate by Mr. White their Secretary.

"Mr. SPEAKER:— I am directed to inform the House of Representatives, that the Senate have passed bills of the following titles, viz:
"An act to amend an act entitled an act to incorporate the Jacksonville and Meredosia Rail Road Company."
"An act to incorporate the Female Institute."
"An act to simplify proceedings in the action of Ejectment."
And,
"An act to incorporate the Trustees of the Bloomington Female Seminary of Learning;"
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 the bill from the House of Representatives, entitled,

217

"An act to incorporate the Sangamon Fire Insurance Company."

And then he withdrew.

Mr. Webb from the committee on Finance, to which was referred the resolution in relation to Rene Paul and others;
Reported a bill entitled,
"An act for the relief of Rene Paul and others,"
Which was read the first time, and
Ordered to a second reading.

A message from the Council of Revision, by Mr. Sprigg, their Secretary.

"Mr. SPEAKER, — The Council of Revision have approved the bill entitled,
"An act making partial appropriations."

And he withdrew.

Mr. Dawson from the committee on Internal Improvements, to which was referred the report of the Commissioner for the Improvement of the Great Wabash River, reported,
That the committee have come to the conclusion that it is unnecessary to legislate on said subject at the present; inasmuch as no further appropriation is asked for, and your committee believe it not politic to order said Commissioner to make any other disposition of the balance of said appropriation now remaining unexpended in his hands — only such as was contemplated by law. To order the balance on hand to be put to interest as suggested by some, will in some degree endanger the fund, and to some extent lessen the effect of the bond executed by the Commissioner now on file in the office of the Secretary of State. Therefore your committee ask to be discharged from the further consideration of the subject.

The committee were then discharged from the further consideration of the subject.

Mr. Dunn from the committee on the Judiciary, to which was referred the petition of Mary Evans widow of Simeon Evans,
Reported a bill entitled,
"An act for the relief of the infant heirs of Simeon Evans deceased;"
Which was read the first time; and
Ordered to a second reading.

218

Mr. Buckmaster from the select committee, to which was referred the bill entitled,
"An act to amend an act for the benefit of the infant heirs of James Mason deceased,"
Reported the same back to the House without amendment.

Mr. Buckmaster moved to refer said bill to the committee on the Judiciary;
Which was not agreed to.

Ordered to be engrossed and, read a third time.

On motion of Mr. Gordon,
The bill entitled,
"An act to change the mode of listing taxable property in this State;"
Some days since laid upon the table,
Was now taken up for consideration.

Mr. Turney moved to amend the amendment of the committee on the Judiciary, by striking out all after the word "same," in the sixteenth line of the 7th section, to the word "provided," in the 18th line.

Mr. Stuart moved to refer said bill and proposed amendments to a committee of the Whole House, and make it the order of the day for to-morrow.

Mr. Webb moved to lay said bill and the proposed amendments on the table until the 4th day of July next.

The question was then taken upon referring said bill to a committee of the Whole House, and making it the order of the day for tomorrow;
And agreed to.

On motion of Mr. Moore,
The bill from the Senate entitled,
"An act for the relief of the Sheriffs therein named;"
Some days since laid upon the table;
Was now taken up for consideration; and,
On motion of Mr. Hughes,
Referred to a select committee.

Ordered, That Messrs. Hughes, Ross and Harris, be that committee.

The amendment of the Senate, to the resolution of the House of Representatives, having for its object the appointment of a joint select committee to enquire into the expediency of altering the time of holding Circuit Courts in the 3d Judicial Circuit;
Was read and concurred in.

219

Ordered, That the clerk inform the Senate thereof.

The preamble and resolutions of the Senate, relative to the printing the laws and journals of last session,
Were read and concurred in.

Ordered, That the clerk inform the Senate thereof.

The preamble and resolutions from the Senate, relative to making Chicago a Port of Entry;
Were read and concurred in.

Ordered, That the clerk inform the Senate thereof.

The bill from the Senate entitled,
"An act to incorporate the Jacksonville and Meredosia Rail Road Company;"
Was read the first time; and,
On motion of Mr. Henry,
Laid upon the table.

On motion of Mr. Henry,
The vote just taken on the preamble and resolutions of the Senate, relative to the printing of the laws and journals of last session;
Was reconsidered.

On the further motion of Mr. Henry,
Said preamble and resolutions were referred to a committee of the Whole House, and made the order of the day for today.

The bill from the Senate entitled,
"An act to incorporate the Trustees of the Bloomington Female Seminary of Learning;"
Was read the first time; and
Ordered to a second reading.

On motion of Mr. Stuart,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
Ordered to a third reading.

The bill from the Senate entitled,
"An act to incorporate the Alton Female Institute;"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Smith,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
Ordered to a third reading.

The bill from the Senate entitled,

220

"An act to simplify proceedings in the action of Ejectment;"
Was read the first time; and
Ordered to a second reading.

The engrossed bills entitled,
"An act to vacate a part of the State road leading from Springfield to Jacksonville;"
"An act for the permanent establishment of so much of the road from Vandalia to Hillsboro as lies between Vandalia and Daniel Browning's, and for other purposes;"
"An act to incorporate the Tremont and Pekin Rail Road, Company;"
"An act concerning the sixteenth section, in township sixteen north, in range 2 east in Macon county;"
"An act to locate a state road therein named."
"An act to establish a state road from Danville to Ottowa;"
"An act to repeal a law making a state road from Jonesboro' to Littleton's Ferry;"
"An act, concerning marks and brands;" and,
"An act to relocate and review the state road from Shelbyville to Hillsboro;"
Were severally read the third time, and passed.

Ordered, That the titles of said bills be as aforesaid, that the clerk carry said bills to the Senate, and ask their concurrence therein.

The bill from the Senate entitled,
"An act to amend an act entitled an act to provide for the distribution and application of the interest on the School, College and Seminary Funds."

Was read the third time and passed as amended.

Ordered, That the title of the bill be as aforesaid, that the clerk inform the Senate thereof and ask their concurrence in the amendments made by the House.

Mr. Nunnally moved that the House adjourn until 2 o'clock P. M.

Which was not agreed to.

The engrossed bill entitled,:
"An act concerning fees."

Was read the third time.

On the question,
Shall said bill now pass?

It was decided in the negative.

And then the House adjourned until 2 o'clock, P. M.

221

2 o'clock P. M.

House met pursuant to adjournment.

The engrossed bill entitled,
"An act to change a part of the state road from Peoria to Galena;"
Was read the third time; and
On motion of Mr. Hackelton,
Referred to a select committee.

Ordered, That Messrs. Hackelton, Hamlin and Porter, be that committee.

The engrossed bill entitled,
"An act for the benefit of William Armstrong,"
Was read the third time; and,
On motion of Mr. Trower,
Said bill was referred to a select committee.

Ordered, That Messrs. Trower, Hunter and Blackford, be that committee.

The engrossed bills entitled,
"An act relative to certain school lands in the county of Fulton;"
"An act fixing the times of holding the Circuit Courts in the several counties therein named;"
"An act to locate and establish a state road from the Wabash river, in Crawford county, to Shelby villa in Shelby county,"
"An act to incorporate the Alton Shot, and lead manufacturing company;"
"An act, concerning the counties of Pike and Adams;"
"An act to establish a State Road from Alton to Point Pleasant;"
"An act, concerning the Auditor of Public Accounts:"
And,
"An act to establish a state road from Carthage in Hancock county, to the Mississippi river, opposite Madison in Wisconsin Territory;
Were severally read the third time and passed.

Ordered, That the titles of the bills be as aforesaid, that the clerk inform the Senate thereof, and ask their concurrence therein.

The engrossed bill entitled,

222

"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.

On the question,
Shall said bill now pass?

It was decided in the negative. — Yeas 21. — Nays 24.

The Yeas and Nays being called for,
Those voting in the affirmative, are
Messrs. Blackford, Blackwell, Brown, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Dunn, Fithian, Frazer, Harreld, Henry, Oliver, Owen, Pace, Ross, Trower, Tunnell, Turney, Wood, Wyatt and Mr. Speaker. — 21.

Those voting in the negative, are
Messrs. Able, Blockburger, Bowyer, Cloud, Craig, Dawson, Dubois, Elliott, Hackelton, Hamlin, Hampton, Hunter, Lincoln, Manly, Moore, Nunnally, Outhouse, Porter, Stuart, Smith, Vandevanter, and Webb. — 24.

The bill entitled,
"An act making Clerks of County Commissioners' Courts elective."

Was read the third time.

On the question
Shall said bill now pass?

It was decided in the affirmative. — Yeas 34. Nays 14.

The yeas and nays being called for:
Those voting in the affirmative, are
Messrs. Able, Blackford, Blackwell, Blockburger, Bowyer, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Frazer, Hackelton, Hampton, Harreld, Henry, Hughes, Hunt, Hunter, Manly, Moore, Nunnally, Outhouse, Owen, Porter, Ross, Stuart, Smith, Tunnell, Turney, Vandevanter, Wood, Wyatt and Mr. Speaker. — '34.

Those voting in the negative, are
Messrs. Brown, Dawson, Dubois, Dunn, Elliott, Fithian, Gregory, Hamlin, Lincoln, Oliver, Pace, Trower, Webb, and Wren. — 14.

On motion of Mr. Turney, The title of the bill was amended, so as to read,
"An act relative to the appointment of Clerks of County Commissioners' Courts."

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

223

The bill from the Senate entitled, "an act making compensation to the person therein named,"
Was read the third time.

On the question,
Shall said bill now pass?

It was decided in the affirmative. — Yeas 27. — Nays 20.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackwell, Blockburger, Brown, Buckmaster, Craig, Dubois, Dunn, Elliott, Gregory, Hackelton, Hampton, Henry, Hunter, Lincoln, Manly, Owen, Porter, Ross, Stuart, Smith, Turney, Vandevanter, Webb, Wood,Wren, and Wyatt. — 27.

Those voting in the negative, are,
Messrs. Blackford, Bowyer, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dawson, Fithian, Frazer, Hamlin, Harreld, Hughes, Hunt, Moore, Nunnally, Outhouse, Pace, Trower, Tunnell, and Mr. Speaker. — 20.

Ordered, That the title of the bill be as aforesaid, and that Clerk inform the Senate thereof. The engrossed bill entitled,
"An act to relocate the Penitentiary;"
Was read the third time.

Mr. Stuart moved to amend the bill, by inserting after the word "Governor," in the sixth line of the 5th section, the words "upon payment into the State Treasury of the sum of $30,000 by said contractor, and producing to the Governor the Treasurer's receipt therefore;

On motion of Mr. Stuart, Said bill and proposed amendment was
Referred to a select committee.

Ordered, That Messrs. Stuart, Buckmaster and Tunnell, be that committee. The engrossed bill entitled,
"An act to locate a state road from Monmouth in Warren county, to Carthage in Hancock county," Was read the third time; and, On motion of Mr. Hackelton, Referred to a select committee.

Ordered, That Messrs. Hackelton, Butler, and Owen, be that committee.

The House now resolved itself into a committee of the Whole House, to take into consideration the bill entitled,

224

"An act appropriating the residium of the Vermillion Saline Lands;"
And after some time spent therein,
Mr. Speaker resumed the Chair; and,
Mr. Blackwell reported, That the committee of the Whole have, according to order, had said bill under consideration, and have made sundry amendments thereto; in which they ask the concurrence of the House.

Mr. Hamlin moved to amend the amendment, by adding the following, to wit:
"To the counties of Peoria, Putnam, La Salle, Cook, Jo Daviess, and Rock Island, each, one half section of said land, or the proceeds thereof, to be appropriated to such works of Internal Improvement as the County Commissioners Courts of the several counties shall direct in their respective counties;"
Which was not agreed to.

Mr. Nunnally moved to refer said bill and proposed amendments to a select committee of five.

Mr. Craig moved that the House adjourn;
Which was not agreed to.

The question on reference was put,
And decided in the negative. — Yeas 20. — Nays 27.

The Yeas and Nays being called for:
Those voting in the affirmative,
Messrs. Blackford, Blackwell, Blockburger, Brown, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Hackelton, Hamlin, Hampton, Hughes, Manly, Moore, Nunnally, Porter, Smith, Tunnell, Turney, Wyatt and Mr. Speaker. — 20.

Those voting in the negative, are,
Messrs. Able, Bowyer, Cloud, Craig, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Harreld, Henry, Hunt, Hunter, Lincoln, Murphy, Oliver, Outhouse, Owen, Pace, Ross, Trower, Vandevanter, Webb, Wood and Wren. — 27.

Mr. Manly moved to amend the amendment by adding the following, to wit;
"To the counties of Edgar and Clark, one half section each, or the proceeds thereof, to be expended in Internal Improvements in said counties, under the directions of the county Commissioners' Courts;"
Which was not agreed to — Yeas 20. — Nays 26.

The Yeas and Nays being called for:

225

Those voting in the affirmative, are
Messrs. Blackford, Blackwell, Blockburger, Brown, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Hackelton, Hamlin, Hampton, Hughes, Manly, Nunnally, Outhouse, Pace, Porter, Tunnell, Turney, Wren and Mr. Speaker. — 20.

Those voting in the negative, are
Messrs. Able, Bowyer, Cloud, Craig, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Harreld, Henry, Hunt, Hunter, Lincoln, Moore, Murphy, Oliver, Owen, Ross, Smith, Trower, Vandevanter, Webb, and Wood. — 26.

Mr. Pace moved to amend the amendment, by adding the following, to wit:
"One half section shall be appropriated to the county of Jefferson, to be expended under the inspection of the county commissioners' of said county;"
Which was not agreed to.

Mr. Hamlin moved to amend the amendment, by adding the following, to wit:
"To the county of Jo Daviess, one half section of said land, or the proceeds thereof, to be appropriated to the improvement of the State Road leading from Peoria to Galena, where said road crosses the Winnebago Swamp, under the direction of the County Commissioners' Court of said county."

Mr. Hamlin moved to refer said bill and the proposed amendments to a select committee of five.

Mr. Dubois moved the previous question.

Mr. Henry moved that the House adjourn.

Which was not agreed to.

The question was then taken upon the amendment proposed by Mr. Hamlin, to the amendments;
And not agreed to.

The question was then taken upon the amendment as amended;
And agreed to.

The question was then put,
Shall the previous question be now put? And decided in the affirmative.

The question was then put,
Shall the bill be engrossed and read a third time?

226

And decided in the affirmative. — Yeas 31. — Nays 14.

The Yeas and Nays being called for:
Those voting in the affirmative, are
Messrs. Able, Bowyer, Butler, Cloud, Craig, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Harreld, Henry, Hughes, Hunt, Hunter, Lincoln, Moore, Murphy, Oliver, Owen, Rosa, Smith, Trower, Tunnell, Turney, Vandevanter, Webb, Wood, and Wren. — 31.

Those voting in the negative, are
Messrs. Blackford, Blackwell, Blockburger, Carpenter of Hamilton, Carpenter of Sangamon, Hackelton, Hamlin, Hampton, Manly, Nunnally, Outhouse, Pace, Porter, and Mr. Speaker. — 14.

And then the House adjourned.

Tuesday, January 5, 1836.

House met pursuant to adjournment.

A message from the Senate by Mr. White their Secretary.

"Mr. SPEAKER:— I am directed to inform the House of Representatives, that the Senate have passed bills of the following titles, viz:
"An act to locate a state road from Frankfort in Franklin county, in this State, to New Nashville in Washington county."
"An act for the benefit of Mary Myott, infant daughter of Catharine Myott."
"An act, concerning appeals from judgements of Justices of the Peace."
"An act to authorize and require the county commissioners court of Sangamon county, to build a bridge over the Sangamon river;"
"An act to incorporate the Wabash and Mississippi Turnpike Company;"
"An act concerning deeds executed without this State."

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"An act authorizing the sale of the real estate of D. L. W. Jones deceased, and for other purposes."
"An act to amend the several acts in relation to the Penitentiary."
"An act for the relief of the person therein named."
"An act to incorporate the Pekin, Bloomington, and Wabash Rail Road Company."
"An act concerning the public revenue."
"An act concerning the publication of laws and journals."
"An act to confirm the survey and plat of the town of Clayton."
"An act supplementary to an act for the relief of Thomas Redmond, approved February 7th 1835."
"An act to incorporate the Chicago Marine and Fire Insurance Company."
"An act, supplemental to an act entitled, an act concerning public records, approved February 9th, 1831."
"An act relating to practice;" and,
"An act to authorize the Commissioners of the Illinois and Michigan Canal, to sell stone off the Canal lands."

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, viz:
"An act to re-locate a part of the road leading from Hillsboro' to the Honey Point."

"An act to locate a State Road between Mount Carmel in Wabash county, and Maysville in Clay county;" and,
"An act to incorporate the Chatham Manual Labor School."

And he withdrew.

On motion of Mr. Vandevanter, The vote taken yesterday upon the bill entitled,
"An act to amend an act concerning Justices of the Peace and Constables, approved Feb. 3, 1827;"
Was reconsidered.

On motion of Mr. Bowyer, Referred to a select committee.

Ordered, That Messrs. Bowyer, Vandevanter and Gordon, be that committee.

Mr. Gordon from the committee on Education, to which was referred the bill entitled,
"An act for Internal Improvements;"

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Reported the same back to the House with an amendment;
Which was read and concurred in.

On motion of Mr. Manly, Referred to a select committee of five.

Ordered, That Messrs. Manly, Gordon, Henry, Gregory and Stuart, be that committee.

"Mr. Dunn from the committee on the Judiciary, to which was referred the bill entitled,
"An act for the relief of Mary Hitchcock;"
Reported the same back to the House with an amendment, which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Ross, from the select committee to which was referred the bill entitled,
"An act for the benefit of Thomas G. B. S. Kirkman, infant son of Thomas C. Kirkman,"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Craig from the select committee to which was referred the bill entitled,
"An act to lay out a state road leading from Freeman's ferry on the Mississippi River, to James Harreld's in Jackson county;"
Reported the same back to the House without amendment, and recommended its passage.

Ordered to be engrossed for a third reading.

On motion of Mr. Henry,
The bill from the Senate entitled,
"An act to amend an act entitled an act to incorporate the Jacksonville and Meredosia Rail Road Company,"
Laid on the table yesterday,
Was now taken up; and,
Ordered to a second reading.

On motion of Mr. Gordon,
The rule of the House was dispensed with, and said bill was now read the second time by its title, and
On the further motion of Mr. Gordon,
Referred to a select committee.

Ordered, That Messrs. Gordon, Cloud and Henry, be that committee.

The engrossed bill entitled,
"An act for the benefit of the infant heirs of James Mason deceased,"

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Was read the third time and passed.

Ordered, That the title of the bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

The bills from the Senate entitled,
"An act to incorporate the Trustees of the Bloomington Female Seminary of Learning," and,
"An act to incorporate the Alton Female Institute."

Were severally read the third time and passed.

Ordered, That the titles of the bills be as aforesaid, and that the Clerk inform the Senate thereof.

The bills entitled,
"An act, concerning the distribution of the Laws and Journals of the General Assembly;"
"An act supplemental to an act entitled, an act to extend the jurisdiction of Justices of the Peace in certain cases therein named."
"An act for the benefit of the widow and heirs of Pleasant Shepherd deceased;"
"An act to lay out a state road from Chicago to Peoria."
"An act to locate a state road from Warsaw in Hancock county, to Macomb in McDonough county;" and
"An act, declaring the Little Wabash river, a navigable stream;"
Were severally read the second time; and
Ordered to be engrossed for a third reading.

The bill entitled,
"An act supplemental to the several acts relating to the Circuit Courts in this State;"
Was read the second time; and
On motion of Mr. Murphy,
Referred to a select committee of five.

Ordered, That Messrs. Murphy, Hampton, Buckmaster, Pace and Blockburger, be that committee.

The bill entitled,
"An act to locate the State Roads therein named,"
Was read the second time; and, On motion of Mr. Buckmaster, The bill was referred to a select committee.

Ordered, That Messrs. Buckmaster, Wren and Murphy, be that committee.

The bill entitled,
"An act supplemental to an act, making appropriations for

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the years 1835 and 1836, approved 13th February 1835;"
Was read the second time.

Mr. Moore moved to refer said bill to the committee of the Whole House and make it the order of the day for tomorrow.

Mr. Hughes moved to refer said bill to the committee on Finance.

The question was taken on the motion to refer said bill to a committee of the Whole House, and make it the order of the day for tomorrow;
And decided in the negative.

The question was then taken upon referring said bill to the committee on Finance;
Which was agreed to.

The bill entitled,
"An act, providing for the sale of Section sixteen in Township three south of range eight west;"
Was read the second time; and,
On motion of Mr. Gregory,
Referred to the committee on Education.

The bill entitled,
"An act for the purposes therein named;"
Was read the second time; and,
On motion of Mr. Trower, Referred to a select committee.

Ordered, That Messrs. Trower, Oliver and Hampton, be that committee.

And then the House adjourned until 2 o'clock, P. M.

2 o'clock P. M.

House met pursuant to adjournment.

The engrossed bill entitled,
"An act, appropriating the residium of the Vermillion Saline Lands;"
Was read the third time.

Mr. Blockburger moved to amend the bill by adding the word "Bond" and "Montgomery;"

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Which was not agreed to.

On motion of Mr. Vandevanter,
The bill was amended by striking out the word "sixteen," in the 20th line of the first section, and insert "one." Strike out the word "equally," in the same section and line; and the words "divided and" in the 21st line same section.

On motion of Mr. Bowyer,
The bill was further amended by striking out all between the words "the" at the end of the 50th line, and the word "Muddy" in the 53d line, and insert in lieu thereof "under the direction and control of the Trustees of the Franklin Institute, to be applied to the use of said Institute and for no other purpose."

Mr. Ross moved to amend the bill by adding the word "Adams" after the word "Pike;"
Which was not agreed to.

Mr. Fithian moved to further amend the first section of the bill by striking out in the 30th line, the word "Iroquois," and inserting "Clark," and strike out all after the word "County" in the 32d line, to the word "to" in the 34th line.

Mr. Outhouse moved to refer said bill and proposed amendments to a select committee;
Which was not agreed to.

The question was then taken upon the amendment;
Which was decided in the affirmative. — Yeas 36. — Nays 14.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blackwell, Blockburger, Bowyer, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Craig, Dubois, Dunn, Fithian, Gregory, Hackelton, Hampton, Harreld, Harris, Henry, Hughes, Hunter, Manly, Murphy, Nunnally, Oliver, Outhouse, Pace, Stuart, Smith, Trower, Tunnell, Turney, Vandevanter, Webb, Wood, Wren, and Mr. Speaker. — 36.

Those voting in the negative, are,
Messrs. Brown, Butler, Cloud, Dawson, Elliott, Frazer, Gordon, Hamlin, Lincoln, Moore, Owen, Porter, Ross, and Wyatt. — 14.

Mr. Carpenter of Hamilton then moved to further amend the bill by inserting the word "Hamilton," after the word "Fulton;"
Which was not agreed to.

On the question,

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Shall said bill now pass?

It was decided in the affirmative. — Yeas 38. Nays 12.

The yeas and nays being called for:
Those voting in the affirmative, are
Messrs. Able, Bowyer, Brown, Butler, Carpenter of Hamilton, Cloud, Craig, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hampton, Harreld, Harris, Henry, Hughes, Hunter, Lincoln, Manly, Moore, Murphy, Oliver, Owen, Pace, Ross, Stuart, Smith, Trower, Tunnell, Turney, Vandevanter, Wood, Wren and Wyatt. — 38.

Those voting in the negative, are
Messrs. Blackford, Blackwell, blockburger, Buckmaster, Carpenter of Sangamon, Hackelton, Hamlin, Nunnally, Outhouse, Porter, Webb, and Mr. Speaker. — 12.

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

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

"Mr. SPEAKER, — I am directed to inform the House of Representatives, that the Senate have passed bilk of the following titles, viz:
"An act to relocate part of the State road from Vincennes to Chicago."
"An act concerning the public revenue, and for other purposes," and,
"An act locate a state road therein named."

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

And he withdrew.

The bill entitled,
"An act for the relief of Rene Paul and others;"
Was read the second time.

On motion of Mr. Dawson,
Said bill was referred to a select committee of five.

Ordered, That Messrs. Dawson, Buckmaster, Pace, Webb and Turney, be that committee.

The bill entitled,
"An act for the relief of the infant heirs of Simeon Evans deceased;"
Was read a second time.

On motion of Mr. Blackwell,
Referred to a select committee.

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Ordered, That Messrs. Blackwell, Harreld and Able, be that committee.

The bill from the Senate entitled,
"An act to simplify proceedings in the action of Ejectment;"
Was read the second time;
Ordered, That said bill be read a third time.

The House then resolved itself into a committee of the Whole House, on the Preamble and Resolutions from the Senate, relating to the printing of the laws and journals of the last session of the General Assembly;
And after some time spent therein,
Mr. Speaker resumed the Chair; and,
Mr. Wren reported, That the committee of the Whole House have, according to order, had said preamble and resolutions under consideration, and directed him to report the same back to the House without amendment.

On motion of Mr. Manly, Said preamble and resolutions were Referred to the committee on the Judiciary.

On motion of Mr. Blackford, The Preamble and Resolutions, Some days since laid upon the table;
"Relative to the President;"
Were now taken up for consideration; Yeas 31. Nays 20.

The Yeas and Nays being called for,
Those voting in the affirmative, are
Messrs. Able Blackford, Blockburger, Bowyer, Buckmaster, Carpenter of S, Cloud, Craig, Dunn, Frazer, Hackelton, Hampton, Harris, Hughes, Hunter, Manly, Murphy, Nunnally, Oliver, Outhouse,Owen, Pace,Porter, Smith, Tunnell, Turney, Vandevanter, Wood, Wren, Wyatt and Mr. Speaker. — 31.

Those voting in the negative, are
Messrs. Blackwell, Brown, Butler, Carpenter of Hamilton, Dawson, Dubois, Elliott, Fithian, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Moore, Ross, Stuart, Trower, and Webb. — 20.

Mr. Dawson moved to amend the preamble and resolutions, by adding the following:
Resolved by the House of Representatives, That we believe the above preamble and resolutions, to be foreign to the duties of

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the Representatives of a free people — not calculated to harmonise legislation, but to destroy its usefulness to the people whom we represent."

Mr. Stuart moved that the preamble and resolutions together with the proposed amendments, be referred to a committee of the Whole House, and made the order of the day for tomorrow.

Which was not agreed to.

Mr. Henry moved to amend the amendment by adding the following, to wit:
"Resolved, That we regard the practice of holding conventions for the nomination of all elective officers with the most anxious solicitude, and believe it to be destructive of the freedom of the elective franchise, and in its tendency calculated to take from the PEOPLE the privilege of making an unbiassed choice for office from among their fellow citizens — opposed to Republican Institutions, and dangerous to the liberties of the People.

2d. Resolved, That every man who is eligible to an office within the gift of the people, has an undeniable right to become a candidate for the same, and that the people have a right to support him, without the sanction of a caucus or convention.

3d. Resolved, That the convention system ought not to receive encouragement and approbation from Legislative bodies.

4th. Resolved, That we believe with General Jackson, that public officers should not attempt to influence elections, because they hold the power and influence, and the People's money, by which they are enabled to establish Presses, support conventions and organize secret parties even against the interest of the people, and the democratic principles of this Government."

Mr. Frazer moved that the preamble and resolutions, together with the proposed amendments be referred to a committee of the Whole House and make them the order of the day for this day;
Which was not agreed to.

Mr. Carpenter of Hamilton, called for a division of the question upon the amendment to the amendment.

The question was then taken upon the 1st resolution of the amendment to the amendment;

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And decided in the negative. — Yeas 19. — Nays 32.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blackwell, Brown, Butler, Craig, Dawson, Dubois, Elliott, Fithian, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Moore, Ross, Stuart and Webb. — 19.

Those voting in the negative, are,
Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dunn, Frazer, Hackelton, Hampton, Harris, Hughes, Hunter, Manly, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Smith, Trower, Tunnell, Turney, Vandevanter, Wood, Wren, Wyatt, and Mr. Speaker. — 32.

The question was then taken upon the second resolution of the amendment to the amendment;
And decided in the affirmative. — Yeas 47. — Nays 4.

The Yeas and Nays being called for:
Those voting in the affirmative, are
Messrs. Blackford, Blackwell, Blockburger, Bowyer, Brown, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hackelton, Hamlin, Hampton, Harris, Henry, Hughes, Hunt, Hunter, Lincoln, Manly, Moore, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Ross, Stuart, Smith, Trower, Turney, Vandevanter, Webb, Wood, Wren, Wyatt, and Mr. Speaker. — 47.

Those voting in the negative, are,
Messrs. Able, Buckmaster, Porter and Tunnell. — 4.

Mr. Carpenter of Hamilton, withdrew his call for a division of the question.

Mr. Hackelton renewed the call.

The question being then taken upon the third resolution of the amendment to the amendment;
And decided in the negative. — Yeas 25. — Nays 26.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blackwell, Bowyer, Brown, Butler, Carpenter of Hamilton, Dawson, Dubois, Dunn, Elliott, Fithian, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Manly, Moore, Murphy, Ross, Stuart, Smith, Trower and Webb. — 25.

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Those voting in the negative, are, Messrs. Able, Blackford, Blockburger, Buckmaster, Carpenter of Sangamon, Cloud, Craig, Frazer, Hackelton, Hamp, ton, Harris, Hughes, Hunter, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Tunnell, Turney, Vandevanter, Wood, Wren, Wyatt and Mr. Speaker — 26.

The question was then taken on the 4th resolution of the amendment to the amendment;
And decided in the affirmative. — Yeas 44. — Nays 7.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blackford, Blackwell, Bowyer, Brown, Buckmaster, Butler, Carpenter of Hamilton, Cloud, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hackelton, Hamlin, Hampton, Harreld, Harris, Henry, Hughes, Hunt, Hunter, Lincoln, Manly, Moore, Murphy, Nunnally, Outhouse, Owen, Pace, Porter, Ross, Stuart, Smith, Trower, Turney, Vandevanter, Webb, Wood, Wren and Wyatt. — 44.

Those voting in the negative, are,
Messrs. Able, Blockburger, Carpenter of Sangamon, Craig, Oliver, Tunnell and Mr. Speaker. — 7.

Mr. Webb moved further to amend the amendment, by adding the following, viz:
"Resolved, That the price of the public lands ought to be reduced.

Resolved, That all white male citizens of the age of 21 years and upwards, are entitled to the privilege of voting whether they hold real estate or not.

Resolved, That the elective franchise should be kept pure from contamination by the admission of colored votes.

Resolved, That we approve of the granting of preemption rights to settlers on the public lands."

Mr. Hughes moved the previous question.

The question was then taken on the amendment of Mr. Webb to the amendment;
And decided in the affirmative. — Yeas 35. — Nays 16.

The yeas and nays being called for:
Those voting in the affirmative, are,
Messrs. Blackwell Brown, Buckmaster, Butler, Carpenter of Hamilton, Cloud, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hamlin, Harreld, Hampton, Harris, Henry, Hunt, Lincoln, Manly, Moore, Murphy,

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Nunnally, Owen, Pace, Ross, Stuart, Smith, Trower, Webb, Wren, Vandevanter and Wood. — 35.

Those voting in the negative, are,
Messrs. Able, Blackford, Blockburger, Bowser, Carpenter of Sangamon, Craig, Hackelton, Hughes, Hunter, Oliver, Outhouse, Porter, Tunnell, Turney, Wyatt and Mr. Speaker. — 16.

Mr. Webb called for a division of the question upon the proposed amendment to the preamble and resolutions as amended.

Mr. Craig moved that the House adjourn;
Which was not agreed to.

Mr. Speaker decided that the, question was not susceptible of division.

From which decision of the Chair,
Messrs. Webb and Stuart, appealed to the House; and,
On the question,
Shall the decision of the Chair stand as the judgment of the of the House?

It was decided in the affirmative. — Yeas 37. Nays 13.

Those voting in the affirmative, are,
Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Butler, Carpenter of Hamliton, Carpenter of Sangamon, Cloud, Craig, Dunn, Elliott, Frazer, Gregory, Hackelton, Hampton, Harreld, Harris, Henry, Hughes, Hunter, Manly, Moore, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Smith, Tunnell, Turney, Vandevanter, Wood, Wren, and Wyatt. — 37.

Those voting in the negative, are,
Messrs. Blackwell, Brown, Dawson, Dubois, Fithian, Gordon, Hamlin, Hunt, Lincoln, Ross, Stuart, Trower and Webb. — 13.

Mr. Bowyer moved that the House adjourn;
Which was not agreed to. Yeas 14. Nays 37.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blackwell, Bowyer, Brown, Butler, Craig, Dubois, Elliott, Gordon, Gregory, Harreld, Hunt, Oliver, Trower, and Webb. — 14.

Those voting in the negative, are,
Messrs. Able, Blackford, Blockburger, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dawson, Dunn, Fithian, Frazer, Hackelton, Hamlin, Hampton, Harris,

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Henry, Hughes, Hunter, Lincoln, Manly, Moore, Murphy, Nunnally, Outhouse, Owen, Pace, Porter, Ross, Stuart, Smith, Tunnell, Turney, Vandevanter, Wood, Wren, Wyatt and Mr. Speaker. — 37.

The question was then taken upon the adoption of the amendment as amended;
And decided in the negative. — Yeas 19. Nays 32.

The yeas and nays being called for:
Those voting in the affirmative, are
Messrs. Blackwell, Brown, Butler, Dawson, Dubois, Elliott, Fithian, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Moore, Ross, Stuart, Trower, and Webb. — 19.

Those voting in the negative, are
Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Dunn, Frazer, Hackelton, Hampton, Harris, Hughes, Hunter, Manly, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Smith, Tunnell, Turney, Vandevanter, Wood, Wren, Wyatt and Mr. Speaker. — 32.

On the question,
Shall the previous question be now put?

It was decided in the affirmative.

The question then recurring upon the adoption of the preamble and resolutions:
Mr. Lincoln called for a division of the question.

The question was then taken upon the Preamble;
And decided in the affirmative. — Yeas 30. — Nays 20.

The Yeas and Nays being called for:
Those voting in the affirmative, are
Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dunn, Frazer, Hackelton, Hampton, Harris, Hughes, Hunter, Manly, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Tunnell, Turney, Vandevanter, Wood, Wren, Wyatt and Mr. Speaker. — 30.

Those voting in the negative, are
Messrs. Blackwell, Brown, Butler, Dawson, Dubois, Elliott, Fithian, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Moore, Ross, Stuart, Smith, Trower and Webb — 20.

The question was then taken on the first Resolution;
And decided in the affirmative. — Yeas 32. — Nays 18.

The Yeas and Nays being called for:

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Those voting in the affirmative, are
Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dunn, Frazer, Hackelton, Hampton, Harris, Hughes, Hunter, Manly, Murphy, Nunnaly, Oliver, Outhouse, Owen, Pace, Porter, Trower, Tunnell, Turney, Vandevanter, Wood, Wren, Wyatt and Mr. Speaker. — 32.

Those voting in the negative, are
Messrs. Blackwell, Brown, Dawson, Dubois, Elliott, Fithian, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Moore, Ross, Stuart, Smith, and Webb. — 18.

The question was then taken upon the second resolution;
And decided in the affirmative. Yeas 34. Nays 17.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Dunn, Frazer, Hackelton, Hampton, Harris, Hughes, Hunter, Manly, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Smith, Trower, Tunnell, Turney, Vandevanter, Wood, Wren, Wyatt and Mr. Speaker. — 34.

Those voting in the negative, are,
Messrs. Blackwell, Brown, Dawson, Dubois, Elliott, Fithian, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Moore, Ross, Stuart and Webb. — 17.

The question was then taken upon the third resolution;
And decided in the affirmative. Yeas 32. Nays 19.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Dunn, Frazer, Hackelton, Hampton, Harris, Hughes, Hunter, Manly, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Trower, Tunnell, Turney, Vandevanter, Wood, Wren, Wyatt and Mr. Speaker. — 32.

Those voting in the negative, are,
Messrs. Blackwell, Brown, Butler, Dawson, Dubois, Elliott, Fithian, Gordon, Gregory, Hamlin, Harreld, Henry, Hunt, Lincoln, Moore, Ross, Stuart, Smith and Webb. — 19.

Mr. Lincoln then withdrew his call for a division of the question.

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The question was then taken upon the 4th, 5th, and 6th resolutions;
And decided in the affirmative. Yeas 33. Nays 19.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blockburger, Bowyer, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Dunn, Frazer, Hackelton, Hampton, Harris, Hughes, Hunter, Manly, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Trower, Tunnell, Turney, Vandevanter, Wood, Wren, Wyatt and Mr. Speaker. — 32.

Those voting in the negative, are,
Messrs. Blackwell, Brown, Butler, Dawson, Dubois, EIliott, Fithian, Gordon, Hamlin, Henry, Hunt, Lincoln, Moore, Ross, Stuart, Smith, and Webb. — 18.

Ordered That the Clerk carry said Preamble and Resolutions to the Senate, and ask their concurrence therein.

And then the House adjourned.

Wednesday, January 6, 1836.

House met pursuant to adjournment.

A message from the Senate by Mr. White their Secretary.

"Mr. SPEAKER:— I am directed to inform the House of Representatives, that the Senate have passed a bill of the following title, viz:
"An act for the relief of Eli Hooper and Pleasant Dodson of Shelby county."

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

And he withdrew.

Mr. Dunn, from the committee on the Judiciary, to which was referred the bill from the Senate, entitled,
"An act to extend the powers of the Trustees of Alton,"
Reported the same back to the House with an amendment; Which was read and concurred in.

Ordered, That said bill be read a third time.

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Mr. Dunn from the committee on the Judiciary, to which was referred the bill from the Senate, entitled,
"An act to amend an act, concerning Forcible Entry and Detainer, approved February 2d, 1827;"
Reported the same back to the House without amendment.

On the question,
Shall said bill be read a third time?

It was decided in the negative. Yeas 20. Nays 24.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Brown, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dawson, Fithian, Gordon, Hackelton, Hamlin, Harreld, Hughes, Hunter, Lincoln, Moore, Ross, Stuart, Smith, Trower and Webb. — 20.

Those voting in the negative, are,
Messrs. Able, Blackford, Blackwell, Bowyer, Buckmaster, Craig, Dubois, Dunn, Elliott, Frazer, Hampton, Henry, Manly, Murphy, Nunnally, Oliver, Owen, Pace, Porter, Turney, Vandevanter, Wood, Wren Mr. Speaker. — 34.

Ordered, That the clerk inform the Senate thereof.

Mr. Cloud from the committee on Enrolled bills, reported as correctly enrolled, bills of the following titles, to wit:
"An act to locate a state road from Gilead in Calhoun county, to Rushville in Schuyler county."
"An act to relocate the seat of justice of Clark county."
"An act to incorporate the Sangamon Fire Insurance Company."
"An act to incorporate the Marseilles' Manufacturing Company."

And also,
As correctly enrolled, the Resolution on the subject of the navigation of the Wabash river.

Mr. Murphy from the select committee, to which was referred the bill entitled,
"An act to change a part of the State read leading from Shawneetown to Kaskaskia;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Henry from the select committee to which was referred the bill for an act entitled,
"An act entitled an act to amend an act entitled an act to

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provide for the application of the interest of the fund arising from the sale of the school lands belonging to the several townships in this State, approved Feb. 7, 1835;"
Reported the same back to the House with an amendment;
Which was read.

Mr. Henry moved to amend the amendment of the select committee, by striking out all of the original bill and the amendment, and insert the following, viz:
"SEC. 1. That the Trustees of section number sixteen, in any township or fractional township in this State, when dividing said section, may lay off the same into town lots, out lots, streets, alleys and public grounds in any manner that to them shall seem best for the interest of the inhabitants of said township Provided, That if any town shall be laid out upon any sixteenth section, the same shall be acknowledged and recorded as other town plats, as now provided by law.

SEC. 2. That when the inhabitants of any township or fractional township, shall petition for a sale of the sixteenth section, as now provided by law, it shall be the duty of the School Commissioner, to whom said petition may be presented, to proceed to sell said land at some public place in the township where said sixteenth section may be situated, giving the same notice of the time and place as now required by law."

On motion of Mr. Dunn,
Said bill and proposed amendment was
Referred to a select committee of five.

Ordered, That Messrs. Dunn, Henry, Turney, Carpenter of Sangamon, and Blackford, be that committee.

Mr. Hackelton from the select committee, to which was referred the bill entitled,
"An act to change a part of the state road from Peoria to Galena,"
Reported the same back to the House with an amendment;
Which was read and concurred in,
On the question,
Shall said bill now pass?

It was decided in the affirmative.

On motion of Mr. Hackelton,
The title of the bill was amended, so as to read,
"An act to change a part of the State Roads between Peoria and Galena, and Havana and Macomb."

243

Mr. Hackelton, from the select committee, to which was referred the bill entitled,
"An act to locate a state road from Monmouth in Warren county, to Carthage in Hancock county;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

The bill then passed as amended.

On motion of Mr. Hackelton,
The title of the bill was amended so as to read
"An act to locate state roads from Monmouth in Warren county, to Fairfield in Adams county, and from Knoxville to Galena."

Mr. Manly from the select committee, to which was referred the bill entitled,
"An act for Internal Improvements;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Hughes from the select committee, to which was referred the bill from the Senate entitled,
"An act for the relief of the Sheriffs therein named;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to a third reading.

Mr. Bowyer from the select committee to which was referred the bill entitled,
"An act to locate a State Road therein named."

Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Blackwell from the select committee to which was referred the bill entitled,
"An act for the relief of the infant heirs of Simeon Evans deceased,"
Reported the same back to the House without amendment;
and recommended its passage.

Ordered to be engrossed for a third reading.

Mr. Trower from the select committee to which was referred the bill entitled,
"An act to revive an act, changing a part of the State road from Vandalia to Golconda, approved February 12, 1835;"

244

Reported the same back to the House with an amendment which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Wood moved that the House adjourn;
Which was not agreed to.

Mr. Trower from the select committee to which was referred the bill entitled,
"An act for the benefit of William Armstrong;"
Reported the same back to the House with sundry amendments;
Which were read.

And then the House adjourned until 2 o'clock, P. M.

2 o'clock P. M.

House met pursuant to adjournment.

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

"Mr. SPEAKER — I am directed to inform the House of Representatives, that the Senate have passed a bill of the following title, viz:
"An act for the relief of Timothy Guard and others."

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

And he withdrew.

The bill from the Senate entitled,
"An act to incorporate the Pekin, Bloomington, and Wabash Rail Road Company."

Was read the first time, and
Ordered to a second reading.

On motion of Mr. Hamlin,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
On the further motion of Mr. Hamlin,
Referred to a select committee of five.

245

Ordered, That Messrs. Hamlin, Brown, Fithian, Nunnally, and Frazer, be that committee.

The bill from the Senate entitled,
"An act for the relief of the persons therein named."

Was read the first time.

On the question,
Shall the bill be read a second time?

It was decided in the affirmative. — Yeas 37. Nays 7.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Bowyer, Brown, Buckmaster, Butler, Carpenter of Sangamon, Craig, Dawson, Dunn, Elliott, Frazer, Gordon, Hackelton, Hamlin, Hampton, Harreld, Henry, Hughes, Hunter, Lincoln, Manly, Moore, Murphy, Nunnally, Oliver, Owen, Pace, Ross, Stuart, Smith, Trower, Tunnell, Turney, Vandevanter, Wood, Wyatt and Mr. Speaker. — 37.

Those voting in the negative, are,
Messrs. Blackford, Carpenter of Hamilton, Cloud, Dubois, Fithian, Porter and Webb. — 7.

On motion of Mr. Manly,
The rule of the House was dispensed with, and said bill now read the second time by its title.

Mr. Webb moved that the bill be referred to a committee of the Whole House and made the order of the day for today.

Which was not agreed to.

On motion of Mr. Nunnally,
Said bill was referred to a select committee of five.

Ordered, That Messrs. Nunnally, Hamlin, Hughes, Wren Wyatt, be that committee.

The bill from the Senate entitled,
"An act authorizing the sale of the real estate of D. L. W. Jones deceased, and for other purposes;"
Was read the first time; and
Ordered to a second reading.

The bill from the Senate entitled,
"An act concerning deeds executed without this State,"
Was read the first time; and,
Ordered to a second reading.

The bill from the Senate entitled,
"An act to authorize and require the county commissioners'

246

court of Sangamon county, to build a bridge over the Sangamon river;"
Was read the first time; and
Ordered to a second reading.

On motion of Mr. Stuart,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
On the further motion of Mr. Stuart,
Referred to a select committee.

Ordered, That Messrs. Stuart, Dawson and Carpenter of Sangamon, be that committee.

The bill from the Senate entitled,
"An act to incorporate the Wabash and Mississippi Turnpike Company;"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Dubois,
The rule of the House was dispensed with, and said bill was now read the second time by its title; and,
On motion of Mr. Moore,
Referred to a select committee.

Ordered, That Messrs. Moore, Dubois and Outhouse, be that committee.

The bill from the Senate entitled,
"An act to locate a state road from Frankfort in Franklin county, in this State, to New Nashville in Washington county."

Was read the first time; and
Ordered to a second reading.

On motion of Mr. Bowyer,
The rule of the House was dispensed with, and
Said bill was read the second time by its title; and,
On motion of Mr. Murphy,
Referred to a select committee.

Ordered, That Messrs. Murphy, Bowyer and Wren, be that committee.

The bill from the Senate entitled,
"An act, concerning appeals from judgments of Justices of the Peace."

Was read the first time; and,
Ordered to a second reading.

On motion of Mr. Dunn,
The rule of the House was dispensed with, and

247

Said bill was now read the second time by its title, and On the further motion of Mr. Dunn,
The bill was referred to a select committee.

Ordered, That Messrs. Dunn, Pace and Tunnell, be that committee.

The bill from the Senate entitled,
"An act to amend the several acts in relation to the Penitentiary."

Was read the first time; and,
Ordered to a second reading.

The bill from the Senate, entitled,
"An act to establish a state road from Equality to McLeansboro', and for other purposes;"
Was read the first time, and
Ordered to a second reading.

The bill from the Senate, entitled,
"An act to incorporate the Chicago Marine and Fire Insurance Company."

Was read the first time; and,
Ordered to a second reading.

On motion of Mr. Stuart,
The rule of the House was dispensed with, and said bill
Was now read the second time by its title, and
On the further motion of Mr. Stuart,
Referred to a select committee.

Ordered, That Messrs. Stuart, Hamlin and Hughes, be that committee.

The bill from the Senate, entitled,
"An act to confirm the survey and plat of the town of Clayton."

Was read the first time; and,
Ordered to a second reading.

And then the House adjourned.

248

Thursday, January 7, 1836.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled Bills, reported, That they had laid before the Council of Revision, bills of the following titles, to wit:
"An act to locate a state road from Gilead in Calhoun county, to Rushville in Schuyler county."
"An act to relocate the seat of Justice of Clark county."
"An act to incorporate the Sangamon Fire Insurance Company."
"An act to incorporate the Marseilles Manufacturing Company."

And also,
A resolution on the subject of the navigation of the Wabash River, was handed over to the Governor.

On the question pending when the House adjourned yesterday, at 12 M., on the amendments proposed by the select committee to which was referred the bill entitled,
"An act for the benefit of William Armstrong;"
Was taken, and said amendments concurred in.

On motion of Mr. Carpenter of Hamilton,
The bill was amended by adding the words "William Henson."

On motion of Mr. Moore,
The bill was further amended by adding the name of "Benjamin Chesney."

On the question,
Shall said bill now pass?

It was decided in the affirmative.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Bowyer, Brown, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Cunningham, Dawson, Elliott, Fithian, Frazer, Gordon, Hackelton, Hamlin, Hampton, Harreld, Henry, Hughes, Hunter, Manly, Moore, Murphy, Nunnally, Owen, Pace, Porter, Stuart, Smith, Thompson, Trower, Tunnell, Turney, Vandevanter, Webb, Wren and Wyatt. — 38.

Those voting in the negative, are,
Messrs. Blackford, Oliver, Wood and Mr. Speaker. — 4.

249

On motion of Mr. Moore,
The title of the bill was amended, by adding the words, "and others."

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

Mr. Hamlin from the select committee, to which was referred the bill entitled,
"An act to incorporate the Pekin, Bloomington and Wabash Rail Road Company,"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Mr. Frazer moved further to amend the bill by striking out of the 1st section, 26th line, all after the word "from," to the word "Tremont," in the 28th line, and insert after the word "Tremont" the following:
"In Tazewell county, Illinois."

Mr. Turney moved to lay said bill and proposed amendments on the table;
Which was not agreed to.

The question then recurring on the, amendments of Mr. Frazer:
It was decided in the negative.

On motion of Mr. Stuart,
The bill was further amended by adding after the word "shares" in the second line of the second section, the words "not exceeding one hundred dollars each."

Ordered to be engrossed for a third reading.

A message from the Senate by Mr. White their Secretary.

"MR. SPEAKER, — The Senate have concurred with the House of Representatives in the passage, of the bill entitled,
"An act for the construction of the Illinois and Michigan Canal;"
As amended by them, and ask the concurrence of the House of Representatives in their amendments to said bill."

And then he withdrew.

Mr. Fithian moved to dispense with the rule of the House, and read a third time now by its title,
The bill from the Senate, entitled,
"An act to incorporate the Pekin, Bloomington and Wabash Rail Road Company,"
Which was not agreed to.

250

Mr. Stuart from the select committee, to which was referred the bill entitled,
"An act to relocate the Penitentiary;"
Reported the same back to the House without amendment;
On motion of Mr. Buckmaster,
Referred to a select committee.

Ordered, That Messrs. Buckmaster, Hunter and Porter, be that committee.

Mr. Dawson, from the select committee, to which was referred the bill entitled,
"An act for the relief of Rene Paul and others;"
Reported the same back to the House without amendment.

Mr. Dawson moved to amend said bill by striking out "Canal Fund," wherever it occurs, and insert "State Treasury."

Which was not agreed to.

Ordered to be engrossed for a third reading.

Mr. Nunnally, from the select committee to which was referred the bill from the Senate entitled,
"An act for the relief of the persons therein named;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

On motion of Mr. Webb,
Said bill was further amended by adding the words, "George Flower and Jane his wife," after the word "wife," in the amendment of the select committee.

Ordered, That said bill be read a third time as amended.

Mr. Stuart from the select committee to which was referred the bill from the Senate, entitled,
"An act to incorporate the Chicago Marine and Fire Insurance Company;"
Reported the same back to the House without amendment, and recommended its passage.

Ordered, That said bill be read a third time.

Mr. Cloud, from the select committee to which was referred the bill entitled,
"An act to amend an act concerning Estrays, approved 9th of February 1835;"
Reported the same back to the House with an amendment,
Which was read and concurred in.

Ordered to be engrossed for a third reading.

On motion of Mr. Frazer,

251

The amendments of the Senate to the bill from the House of Representatives, entitled,
"An act for the construction of the Illinois and Michigan Canal;"
Were taken up and read.

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

Two o'clock, P. M.

House met pursuant to adjournment.

The question pending at the adjournment of the House, upon concurring with the Senate in their amendment to the bill from the House of Representatives entitled,
"An act for the construction of the Illinois and Michigan Canal;"
Again coming up for consideration;
Mr. Frazer called for a division of the question upon the amendments of the Senate to said bill.

Mr. Turney moved to lay said bill and proposed amendments upon the table;
Which was not agreed to. Yeas 10. Nays 42.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Bowyer, Carpenter of Hamilton, Craig, Nunnally, Oliver, Porter, Thompson, Tunnell, Turney, and Mr. Speaker. — 10.

Those voting in the negative, are,
Messrs. Able, Blackford, Blackwell, Brown, Buckmaster, Butler, Carpenter of Sangamon, Cloud, Cunningham, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hackelton, Hamlin, Hampton, Harreld, Harris, Henry, Hughes, Hunt, Hunter, Lincoln, Manly, Moore, Murphy, Outhouse, Owen, Pace, Ross, Stuart, Smith, Trower, Vandevanter, Webb, Wood, Wren, and Wyatt. — 42.

The question upon a division being put:

252

It was decided in the negative. — Yeas 16. Nays 36.

The yeas and nays being called for:
Those voting in the affirmative, are
Messrs. Bowyer, Buckmaster, Craig, Cunningham, Frazer, Harris, Hunter, Nunnally, Oliver, Pace, Porter, Tunnell, Turney, Wren, Wyatt and Mr. Speaker. — 16.

Those voting in the negative, are
Messrs. Able, Blackford, Blackwell, Brown, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dawson, Dubois, Dunn, Elliott, Fithian, Gordon, Gregory, Hackelton, Hamlin, Hampton, Harreld, Henry, Hughes, Hunt, Lincoln, Manly, Moore, Murphy, Outhouse, Owen, Ross, Stuart, Smith, Thompson, Trower, Vandevanter, Webb, and Wood. — 36.

Upon the question,
Will the House concur with the Senate in their amendments to said bill?

It was decided in the affirmative — Yeas 38. — Nays 14.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackwell, Bowyer, Brown, Butler, Carpenter, of Sangamon, Cloud, Dawson, Dubois, Dunn, Elliott, Fithian, Gordon, Gregory, Hackelton, Hamlin, Hampton, Harreld, Harris, Henry, Hughes, Hunt, Lincoln, Manly, Moore, Murphy, Outhouse, Owen, Pace, Ross, Stuart, Smith, Trower, Tunnell, Turney, Vandevanter, Wood, and Wyatt. — 38.

Those voting in the negative, are,
Messrs. Blackford, Buckmaster, Carpenter of Hamilton, Craig, Cunningham, Frazer, Hunter, Nunnally, Oliver, Porter, Thompson, Webb, Wren and Mr. Speaker. — 14.

Ordered, That the clerk inform the Senate thereof.

Mr. Stuart from the select committee to which was referred the bill from the Senate entitled,
"An act to authorise and require the County Commissioners' Court of Sangamon county, to build a bridge over the Sangamon river;"
Reported the same back to the House without amendment.

Ordered to a third reading.

Mr. Buckmaster from the select committee to which was referred the bill entitled,
"An act to relocate the Penitentiary,"
Reported the same back to the House with an amendment;
Which was read and concurred in.

253

On the question,
Shall said bill now pass?

It was decided in the negative. — Yeas 18. Nays 24.

The Yeas and Nays being called for:
Those voting in the affirmative, are
Messrs. Able, Blackford, Bowyer, Buckmaster, Carpenter of Hamilton, Dunn, Harreld, Hughes, Hunter, Manly, Murphy, Smith, Thompson, Trower, Tunnell, Turney, Wren, and Mr. Speaker. — 18.

Those voting in the negative, are
Messrs. Butler, Carpenter of Sangamon, Cloud, Craig, Cunningham, Dawson, Elliott, Fithian, Hackelton, Hamlin, Hampton, Harris, Henry, Hunt, Lincoln, Nunnally, Oliver, Owen, Pace, Porter, Stuart, Vandevanter, Wood and Wyatt. — 24.

And then the House adjourned.

Friday, January 8, 1836.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled Bills, reported as correctly enrolled, bills of the following titles, viz:
"An act to incorporate the Chatham Manual Labor School."
"An act to locate a State Road between Mount Carmel in Wabash county, and Maysville in Clay county;"
"An act to relocate a part of the road leading from Hillsboro' to the Honey Point."
"An act making compensation to the person therein named."
"An act to incorporate the Alton Female Institute."
"An act to incorporate the Trustees of the Bloomington Female Seminary of Learning."

A message from the Governor, by A. P. Field, Esq. Secretary of State.

"MR. SPEAKER, — I am directed by the Governor, to lay before the House of Representatives, a communication in writing."

And then he withdrew.

254

Mr. Stuart from the committee on Petitions, to which Wag referred the petitions of sundry citizens of Warren county;
Reported a bill entitled,
"An act to re-locate so much of the State road leading from Rushville to Monmouth, as lies between Monmouth and Macomb;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Butler,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
On motion of Mr. Turney, Referred to a select committee.

Ordered, That Messrs. Turney, Butler, and Vandevanter, be that committee.

Mr. Cloud from the select committee to which was referred the bill entitled,
"An act to incorporate the Waverlyand Grand Prairie Rail Road Company."

Reported the same back to the House with sundry amendments;
Which were read and concurred in.

Ordered to be engrossed and read a third time.

Mr. Moore from the select committee to which was referred the bill entitled,
"An act to amend an act entitled an act regulating elections, approved January 10, 1839;"
Reported the same back to the House without amendment.

On the question,
Shall the bill be engrossed and read the third time?

It was decided in the negative. Yeas 12. — Nays 33.

The Yeas and Nays being called for:
Those voting in the affirmative, are
Messrs. Buckmaster, Dubois, Elliott, Frazer, Gordon, Hughes, Hunter, Moore, Murphy, Nunnally, Smith, and Turney. — 12.

Those voting in the negative, are
Messrs. Able, Blackford, Blackwell, Bowyer, Brown, Butler, Carpenter of Hamilton, carpenter of Sangamon, Cloud, Craig, Cunningham, Dawson, Dunn, Fithian, Hackelton, Hamlin, Hampton, Harreld, Henry, Lincoln, Manly, Oliver, Outhouse, Pace, Porter, Stuart, Thompson, Trower, Tunnell, Vandevanter, Webb, Wood and Mr. Speaker. — 33.

255

Mr. Manly from the select committee to which was referred the resolution on the subject of the navigation of the Wabash river;
Reported a bill entitled,
"An act to incorporate the Central Branch Wabash Rail Road Company,"
Which was read the first time, and
Ordered to a second reading.

Mr. Moore from the select committee to which was referred the bill from the Senate entitled,
"An act to incorporate the Wabash and Mississippi Turnpike Company;"
Reported the same back to the House with sundry amendments:
Which were read and concurred in.

Ordered, That said bill be read a third time.

On motion of Mr. Moore,
The rule of the House was dispensed with, and
Said bill was now read the third time by its title; and passed.

Ordered, That the title of the bill be as aforesaid, that the Clerk inform the Senate thereof, and ask their concurrence in the amendments of the House to said bill.

Mr. Pace from the select committee to which was referred the bill entitled,
"An act to record certain property therein named,"
Reported the same back to the House with sundry amendments;
Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Hughes moved that the House adjourn;
Which was not agreed to.

On motion of Mr. Nunnally,
The following resolution was adopted. — Yeas 32. — Nays 3.

Resolved by the House of Representatives, (the Senate concurring herein,) That this General Assembly will adjourn on Thursday the 14th inst. sine die.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackwell, Bowyer, Buckmaster, Butler Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Cunningham, Dawson, Dubois, Elliott, Fithian, Frazer, Gordon,

256

Hampton, Harreld, Henry, Hughes, Hunter, Lincoln, Manly, Moore, Murphy, Nunnally, Outhouse, Pace, Porter, Smith, Thompson, Tunnell, and Mr. Speaker. — 32.

Those voting in the negative, are,
Messrs. Brown, Craig and Oliver. — 3.

Ordered, That the clerk inform the Senate thereof, and ask their concurrence therein.

Mr. Webb moved that the Mouse adjourn.

Which was not agreed to. — Yeas 15. Nays 26.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blackwell, Brown, Buckmaster, Craig, Dunn, Hackelton, Henry, Murphy, Oliver, Stuart, Thompson, Vandevanter, and Webb. — 15.

Those voting in the negative, are,
Messrs. Bowyer, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Cunningham, Dawson, Dubois, Elliott, Fithian, Frazer, Gordon, Hampton, Harreld, Hughes, Hunter, Lincoln, Manly, Moore, Nunnally, Outhouse, Pace, Porter, Smith, Tunnell and Mr. Speaker. — 26.

Mr. Manly moved to dispense with the rule of the House, and read the bill entitled,
"An act to incorporate the Central Branch Wabash Rail Road Company;"
A second time by its title.

Mr. Dunn moved that the House adjourn until tomorrow morning 9 o'clock;
Which was not agreed to.

The motion of Mr. Manly to dispense with the rule and read the bill a second time, Was agreed to.

Ordered to be engrossed for a third reading.

Mr. Nunnally moved that the vote taken yesterday upon the bill entitled,
"An act to relocate the Penitentiary;"
Be reconsidered.

Mr. Tunnell moved that the House adjourn until 2 o'clock P. M.

Mr. Stuart moved to amend the motion by striking out 2 P. M., and inserting 10 tomorrow.

Which was not agreed to. — Yeas 15. Nays 26.

257

The Yeas and Nays being called for;
Those voting in the affirmative, are,
Messrs. Able, Blackford, Brown, Craig, Dunn, Frazer, Hackelton, Henry, Hunter, Murphy, Oliver, Stuart, Thompson, Vandevanter and Webb. — 15.

Those voting in the negative, are,
Messrs. Bowyer, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Cunningham, Dawson, Dubois, Elliott, Fithian, Gordon, Hampton, Harreld, Hughes, Lincoln, Manly, Moore, Nunnally, Outhouse, Pace, Porter, Smith, Tunnell, Wyatt and Mr. Speaker. — 26.

The question was then taken on the motion to adjourn until 2 o'clock, P. M.;
And decided in the negative.

Mr. Dawson moved that the House adjourn;
Which was not agreed to.

Mr. Gordon moved that the House adjourn until 2 o'clock, P. M
Which was not agreed to.

Mr. Dunn moved a call of the House;
Which was not agreed to.

On motion of Mr. Vandevanter,
The House then adjourned. — Yeas 26. Nays 14.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Bowyer, Brown, Buckmaster, Carpenter of Sangamon, Cloud, Craig, Dawson Dunn, Frazer, Gordon, Hackelton, Hampton, Henry, Hughes, Hunter, Moore, Nunnally, Oliver, Outhouse, Stuart, Thompson, Vandevanter, Webb and Wyatt. — 26.

Those voting in the negative, are,
Messrs. Butler, Carpenter of Hamilton, Cunningham, Dubois, Elliott, Fithian, Harreld, Lincoln, Manly, Pace, Porter Smith, Trower, and Mr. Speaker. — 14.

258

Saturday, January 9, 1836.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled Bills, reported, That they had laid before the Council of Revision, bills of the following titles, viz:
"An act to incorporate the Chatham Manual Labor School."
"An act to locate a state road between Mount Carmel in Wabash county, and Maysville in Clay county."
"An act to relocate a part of the road leading from Hillsboro' to the Honey Point."
"An act making compensation to the person therein named,"
"An act to incorporate the Alton Female Institute,"
"An act to incorporate the Trustees of the Bloomington Female Seminary of Learning;"

A message from the Senate by Mr. White their Secretary.

"Mr. SPEAKER:— I am directed to inform the House of Representatives, that the Senate have passed a bill of the following title, viz:
"An act to amend an act to change the corporate powers of the town of Chicago;"
In the passage of which, they ask the concurrence of the House of Representatives.

They have adopted the following resolution, and ask the concurrence of the House of Representatives therein, viz:
Resolved by the Senate and House of Representatives, That the Secretary of State be required to make out a schedule in tabular form, from the returns of the Census of 1835, showing the aggregate of the different classes of persons in each county separately, with the total, and the number of militia, together with a descriptive list of the manufactories, mills, machinery and distilleries, with the various mechanical trades, so far as they are returned from each county, and that the same be printed in the Journals.

They have concurred with the House of Representatives in the passage of the bill entitled,
"An act declaring the road lying in Edgar county, between A. Forster's and H. G. Smith's a state road."

They have concurred with the House of Representatives in the passage of the bill entitled,
"An act to apportion the representation of the several counties in this State."

259

As amended by them, and ask the concurrence of the Home of Representatives in their amendments to said bill."

And he withdrew.

A message from the Senate by Mr. White, their Secretary.

"MR. SPEAKER, — I am directed to inform the House of Representatives that the Senate have passed bills of the following titles, to wit:
"An act to re-locate a state road therein named."
"An act to regulate elections in incorporated towns."
"An act declaratory of the law in relation to the road tax."
"An act to incorporate the Shawneetown Insurance Company."
"An act for the relief James H. Reed of Cook county."
"An act to incorporate the Quincy Insurance Company."
"An act to authorize the administrators of James M. Wells to convey certain town lots."
"An act to incorporate the Wabash and Mississippi Union Rail Road Company."
"An act to locate a state road from Rushville to Warsaw."
"An act to incorporate the stockholders of the Randolph Manufacturing Company."
"An act relating to the Gallatin Saline and the lands belonging to the same."
"An act relative to the records of Clinton county."
"An act for the benefit of the officers therein named;"
And,
"An act to establish certain counties."

In the passage of which several bills, they ask the concurrence of the House of Representatives.

Also,
That the Senate have concurred with the House of Representatives in the passage of the bill entitled,
"An act to authorize William Seely to build a toll bridge across the Big Vermillion."

And the passage of bills of the following titles, viz:
"An act to re-locate and establish a state road from Paris in Edgar county, to Grandview;" and,
"An act concerning the School Fund;"
As amended by them in which amendments to said several bills, they ask the concurrence of the House of Representatives."

They have also amended the title of said last mentioned bill, so as to make it,

260

"An act concerning the redemption, of lands sold for taxes. And ask the concurrence of the House of Representatives therein."

And he withdrew.

The question pending at the adjournment of the House yesterday, upon the motion of
Mr. Nunnally, to reconsider the vote taken upon the passage of the bill entitled,
"An act to re-locate the Penitentiary;"
Was put; and decided in the affirmative.

On motion of Mr. Henry,
Said bill was referred to the committee on the Judiciary.

Mr. Brown from the select committee to which was referred the petition of sundry citizens of Tazewell county, for a certain state road,
Reported a bill for
"An act for a state road from Peoria to Peoria to Pekin, thence to intersect the road leading from Peoria to Springfield, and for other purposes;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Frazer,
The rule of the House was dispensed with, and said bill was now read the second time by its title, and
Ordered to be engrossed for a third reading.

A message from the Council of Revision, by Mr. Sprigg, their Secretary.

"MR. SPEAKER, — The Council of Revision have approved bills of the following titles, to wit:
"An act to incorporate the Marseilles Manufacturing Company."
"An act to incorporate the Sangamon Fire Insurance Company."
"An act to locate a state road from Gilead in Calhoun county, to Rushville in Schuyler county."
"An act to re-locate the seat of Justice of Clark county."

And he withdrew.

Mr. Speaker laid before the House the communication from the Governor received yesterday;
Which was read as follows, to wit;

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EXECUTIVE DEPARTMENT, Vandalia, January 8th, 1836.

To the Honorable,
The Speaker of the House of Representatives;

SIR:— I have the honor to inform the House of Representatives, that a vacancy has occurred in the office of Attorney General of the State of Illinois, by the resignation of Jesse B. Thomas, Jr., Esq.

Your ob't servant,
JOSEPH DUNCAN.

On motion of Mr. Moore,
Said communication was
Laid upon the table.

On motion of Mr. Dubois,
The amendments of the Senate to the bill from the House of Representatives, entitled,
"An act to apportion the representation of the several counties in this State,"
Were read; and,
On the question,
Will the House concur with the Senate in their amendments to said bill?

It was decided in the negative.

Ordered, That the clerk inform the Senate thereof.

The engrossed bills entitled,
"An act for the relief of Mary Hitchcock;"
"An act for the benefit of Thomas G. B. S. Kirkman, infant son of Thomas C. Kirkman."
"An act to lay out a state road leading from Freeman's ferry on the Mississippi river, to James Harreld's in Jackson county."
"An act, concerning the distribution of the Laws and Journals of the General Assembly,"
"An act supplemental to an act entitled, an act to extend the jurisdiction of Justices of the Peace in certain cases therein named."
"An act for the benefit of the widow and heirs of Pleasant Shepherd deceased;"
"An act to lay out a state road from Chicago to Peoria."
"An act to locate a state road from Warsaw in Hancock county, to Macomb in McDonough county;" and

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"An act, declaring the Little Wabash river, a navigable stream;
"An act to extend the powers of the Trustees of Alton;"
"An act to change a part of the State road leading from Shawneetown to Kaskaskia;"
"An act to locate a State Road therein named;" and,
"An act for the relief of the infant heirs of Simeon Evans deceased;"
Were severally read the third time and passed.

Ordered, That the titles of the bills be as aforesaid, that the clerk inform the Senate thereof, and ask their concurrence therein.

The bill from the Senate entitled,
"An act to simplify proceedings in the action of Ejectment;"
Was read the third time and passed.

Ordered, That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof.

The engrossed bill entitled,
"An act for Internal Improvements,"
Was read the third time, and passed.

On motion of Mr. Gordon, The title of the bill was amended, so as to read,
"An act to incorporate the Winchester, Lynnville and Jacksonville Rail Road Company;"
Ordered, That the title of the bill be as amended, that the clerk carry said bill to the Senate, and ask their concurrence therein.

The bill from the Senate entitled,
"An act for the relief of the Sheriffs therein named;"
Was read the third time and passed.

On motion of Mr. Moore,
The title of the bill was amended so as to read
"An act supplementary to an act to amend an act to provide for raising a revenue, approved February 19, 1837." Ordered, That the title of the bill be as amended, that the Clerk inform the Senate thereof, and ask the concurrence of the Senate to the several amendments therein.

The engrossed bill entitled,
"An act to revive an act, changing a part of the State road from Vandalia to Golconda, approved February 12, 1835;"
Was read a third time and passed.

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On motion of Mr. Frazer,
The title of said bill was amended, so as to read
"An act to revive an act changing a part of the State Road from Vandalia to Golconda, approved Feb. 12, 1835, and for other purposes."

Ordered, That the title of the bill be as amended, that the clerk inform the Senate thereof, and ask their concurrence therein.

The bill from the Senate entitled,
"An act to incorporate the Pekin, Bloomington, and Wabash Rail Road Company."

Was read the third time.

On motion of Mr. Frazer,
The bill was amended, by striking out "Pekin," in the 26th line of the 1st section, and inserting in lieu thereof the word "Tremont." Strike out the words "on the Illinois River," in the 27th line same section, and the word "Tremont," in the 28th line same section; and by adding the following proviso at the end of said section, viz:
Provided, That in case the Pekin and Tremont Rail Road Company, incorporated at the present session of the General Assembly, shall not commence the Rail Road therein authorized to be made within one year from the passage of this act, and vigorously prosecute the same to its final completion, according to the provision of their charter, the incorporation hereby created, shall have the right to continue and extend the Rail Road herein provided for, from the said town of Tremont, to the said town of Pekin on the Illinois River, under the same regulations as herein provided for other parts of the said road.

The bill then passed as amended.

Ordered, That the title of the bill be as aforesaid, that the clerk inform the Senate thereof and ask their concurrence to their amendments to said bill.

The engrossed bill entitled,
"An act for the relief of Rene Paul and others;"
Was read the third time.

On motion of Mr. Whiteside,
Said bill was amended by adding after the word "dollars," in the 7th line of the first section, the words "with six per cent. interest thereon from the time the same became due until paid."

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Mr. Cunningham moved to amend said bill, by striking out the words "and such other persons."

Mr. Manly moved that the House adjourn,
Which was not agreed to.

On motion of Mr. Whiteside,
The amendment was amended, by adding and inserting "John Waddle."

The amendment as amended, was then agreed to.

On the question,
Shall the bill pass?

It was decided in the affirmative. — Yeas 33. — Ways 12.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blackwell, Bowyer, Brown, Buckmaster, Craig, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Hackelton, Hamlin, Hampton, Harreld, Henry, Lincoln, Moore, Murphy, Porter, Stuart, Smith, Thompson, Trower, Tunnell, Webb, Whiteside, Wood, Wren, Wyatt and Mr. Speaker. — 33.

Those voting in the negative, are,
Messrs. Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Cunningham, Dawson, Hunter, Manly, Nunnally, Oliver, Pace and Vandevanter. — 12.

Ordered, That the title of said bill be as aforesaid, that the clerk carry said bills to the Senate, and ask their concurrence therein.

And then the House adjourned until 2 o'clock, P. M.

2o'clock P.M.

House met pursuant to adjournment.

The bill from the Senate entitled,
"An act for the relief of the persons therein named."

Was read a third time.

On the question,
Shall said bill pass?

265

It was decided in the affirmative. — Yeas 33. — Nays 11.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackwell, Bowyer, Brown, Buckmaster, Craig, Cunningham, Dawson, Elliott, Frazer, Gregory, Hackelton, Hamlin, Hampton, Harreld, Henry, Hunter, Lincoln, Manly, Murphy, Nunnally, Outhouse, Pace, Porter, Stuart, Smith, Thompson, Trower, Tunnell, Vandevanter, Whiteside, Wood and Wren. — 33.

Those voting in the negative, are,
Messrs. Blackford, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dubois, Fithian, Hughes, Moore, Oliver and Mr. Speaker. — 11.

Ordered, That the title of the bill be as aforesaid, that the Clerk inform the Senate thereof, and ask their concurrence to the bill as amended by them.

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

"Mr. SPEAKER, — I am directed to inform the House of Representatives, that the Senate have passed a bill of the following title, viz:
"An act to incorporate the Illinois Central Rail Road Company."

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

And he withdrew.

Another message from the Senate, by Mr. White their Secretary,

"MR. SPEAKER, — The Senate have concurred with the House of Representatives in their amendment to the bill entitled,
"An act to incorporate the Wabash and Mississippi Turnpike Company;"

And he withdrew.

The bill from the Senate, entitled,
"An act to incorporate the Chicago Marine and Fire Insurance Company."

Was read the third time and passed.

Ordered, That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof.

On motion of Mr. Murphy,
The orders of the day were postponed until Monday.

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Mr. Cloud from the committee on Enrolled Bills, reported, as correctly enrolled, the bill for
"An act for the construction of the Illinois and Michigan Canal."

On motion of Mr. Moore,
The bill entitled,
"An act to incorporate the Central Rail Road Company;"
Was now taken, up for consideration;
And read the first time, and
Ordered, to a second reading.

On motion of Mr. Murphy,
The rule of the House was dispensed, with, and said bill was now read the second time by its title; and,
Mr. Stuart moved that said bill be referred to a select committee of five.

Mr. Blackwell moved to lay said bill on the table, and that 100 copies be printed.

On the question,
Shall said bill be referred to a select committee of five?

It was decided in the negative.

On the question,
Shall said bill be laid on the table and 100 copies printed?

It was decided in the affirmative.

Mr. Gregory from the committee on Education, to which was referred the bill entitled,
"An act providing for the sale of section sixteen, in township 3, south of range 8 west,"
Reported the same back to the House without amendment;
Ordered to be engrossed for a third reading.

Mr. Butler from the select committee to which was referred the bill entitled,
"An act to re-locate so much of the State Road leading Rushville to Monmouth, as lies between Monmouth and Macomb,"
Reported the same back to the House with an amendment which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Dubois moved for adoption, the following resolution, viz:
Resolved by the House of Representatives, (the Senate concurring herein,) That both branches of the General Assembly, will meet in the Hall of the House of Representatives, this

267

evening at 6 o'clock P. M. to elect by joint vote, an Attorney General, to fill the vacancy occasioned by the resignation of Jesse B. Thomas Jr. Esq.

Mr. Frazer moved to amend said resolution by adding the words "and one Judge of Probate for Clay county."

Mr. Pace moved to amend the amendment by adding "an Auditor of Public Accounts,"
Which was not agreed to.

The question was then taken on the amendment as proposed by Mr. Frazer;
And agreed to.

On motion of Mr. BIackwell,
The words "this evening" were stricken out and the words "on Monday evening" were inserted.

The question was then taken upon the resolution as amended;
And agreed to.

Ordered, That the clerk carry said resolution to the Senate and ask their concurrence therein.

Mr. Gordon from the select committee, to which was referred the bill from the Senate entitled,
"An act to amend an act entitled an act to incorporate the Jacksonville and Meredosia Rail Road Company,"
Reported the same back to the House with an amendment;
Which was read and not concurred in.

Yeas 6. — Nays 34.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Dubois, Gordon, Henry, Hunter, Lincoln, and
Whiteside. — 6.

Those voting in the negative, are,
Messrs. Able, Blackford, BIackwell, Bowyer, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Cunningham, Dawson, Elliott, Fithian, Frazer, Gregory, Hackelton, Harreld, Hughes, Manly, Moore, Murphy, Nunnally, Oliver, Outhouse, Pace, Porter, Smith, Thompson, Trower, Tunnell, Vandevanter, Wood, Wyatt and Mr. Speaker. — 34.

Ordered, That said bill be read a third time.

Mr. Murphy from the joint select committee to which was referred the resolution on the subject of changing the times of holding the circuit courts in the 2d and 3d judicial circuits,
Reported a bill entitled,

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"An act supplemental to the several acts regulating the Circuit Courts in this State,"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Murphy,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
On motion of Mr. Gregory,
Referred to a select committee.

Ordered, That Messrs. Gregory, Blockburger and Murphy, be that committee.

The bill from the Senate, entitled,
"An act concerning the publication of the Laws and Journals."

Was read the first time, and
Ordered to a second reading.

On motion of Mr. Blackwell,
The rule of the House was dispensed with, and said bill
Was now read the second time by its title, and
On the further motion of Mr. Blackwell,
Referred to a select committee.

Ordered, That Messrs. Blackwell, Moore and Smith, be that committee.

The bill from the Senate entitled,
"An act supplementary to an act for the relief of Thomas Redmond, approved February 7th, 1835."

Was read the first time; and
On the question,
Shall the bill be read the second time?

It was decided in the negative.

The bill from the Senate entitled,
"An act for the benefit of Mary Myott, infant daughter of Catharine Myott."

Was read the first time; and
Ordered to a second reading.

On motion of Mr. Stuart,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
On the further motion of Mr. Stuart,
Referred to the committee on the Judiciary.

The bill from the Senate entitled,
"An act concerning the public revenue,"

269

Was read the first time, and
Ordered to a second reading.

On motion of Mr. Butler,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
On motion of Mr. Hackelton,
Referred to a select committee.

Ordered, That Messrs. Hackelton, Ross and Vandevanter, be that committee.

The bill from the Senate entitled,
"An act, supplemental to an act entitled, an act concerning public records, approved February 9th, 1835."

Was read the first time; and
Ordered to a second reading.

On motion of Mr. Vandevanter,
The rule of the House was dispensed with, and
Said bill was read the second time by its title;
Mr. Bowyer moved that said bill be referred to the committee on Finance;
Which was not agreed to.

The bill was then
Ordered to a third reading.

The bill from the Senate entitled,
"An act to authorize the Commissioners of the Illinois and Michigan Canal, to sell stone off the Canal lands."

Was read the first time; and
Ordered to a second reading.

On motion of Mr. Nunnally,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title.

On motion of Mr. Gregory,
Said bill was referred to a select committee.

Ordered, That Messrs. Gregory, Carpenter of Hamilton, and Carpenter of Sangamon, be that committee.

The bill from the Senate, entitled,
"An act relating to Practice;"
Was read the first time; and,
Ordered to a second reading.

On motion of Mr. Dubois,
The rule of the House was dispensed with, and said bill now read the second time by its title.

Ordered, That said bill be read a third time,

The bill from the Senate entitled,

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"An act to locate a state road therein named."

Was read the first time; and,
Ordered to a second reading.

On motion of Mr. Smith,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
On the further motion of Mr. Smith,
Said bill was amended by striking out the letter "G," in the third line of the 1st section, and inserting the letter "F."

Ordered, That said bill be read a third time.

The bill from the Senate, entitled,
"An act to re-locate a part of the State Road from Vincennes to Chicago,"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Porter,
The rule of the Mouse was dispensed with, and
Said bill was now read the second time by its title.

Ordered, That said bill be read a third time.

A message from the Senate by Mr. White their Secretary.

"Mr. SPEAKER, — The Senate have passed bills of the following titles, viz:
"An act to lay out a state road from the county of McDonough to Hennepin in the county of Putnam;" and,
"An act to change a part of the State Road leading from Springfield to Beardstown."

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 the bill entitled,
"An act to establish the County of Will."

They have receded from their amendments to the bill from the House of Representatives, entitled,
"An act to amend an act entitled, an act regulating the times of holding the Supreme and Circuit Courts, and fixing the salary of the Circuit Judges, approved February 13th, 1835;"

And then he withdrew.

The bill from the Senate entitled,
"An act concerning the payment of the Revenue, and for other purposes;"
Was read the first time; and,
Ordered to a second reading.

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On motion of Mr. Manly,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title;
On motion of Mr. Hackelton, The bill was referred to a select committee.

Ordered, That Messrs. Hackelton, Porter and Blackford, be that committee.

The bill from the Senate entitled,
"An act for the relief of Eli Hooper and Pleasant Dodson of Shelby county."
Was read the first time; and,
Ordered to a second reading.

On motion of Mr. Manly,
The rule of the House was dispensed with, and Said bill was now read the second time by its title.

On motion of Mr. Trower,
The said bill was Referred to the committee on the Judiciary.

And then the House adjourned.

Monday, January 11, 1836.

House met pursuant to adjournment.

MR. WEBB rose and offered the following remarks:

"MR. SPEAKER, — It is my melancholy duty to announce to this House the decease of one of its members — the Hon. BENJAMIN A. CLARK, of the county of Wayne.

Having scarcely reached the prime of his life, he has been called to the world of spirits after a short illness, afar from the friends of his youth, and the wife and children of his home.

In his last moments he was deprived of the sympathy and tears of those who leaned upon him for support in his days of health, and upon whom it would have been a melancholy satisfaction for him to have bestowed his last look as well as his last wish.

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He died after the adjournment on Saturday evening and on yesterday the members of the legislature, by a spontaneous movement, met, appointed a committee of arrangements and attended the deposite of his remains in their last home, with all the honors and respect in their power to bestow.

During his intercourse with the House, Maj. Clark, by his straight forward and liberal course, had won many friends, and as a small tribute to his worth, I offer for adoption the following resolutions:

Resolved, That this House deeply lament the death of the Hon. Benjamin A. Clark, of Wayne County.

Resolved, That this House approve of the proceedings of their members on yesterday, and that as a further testimony of respect to the memory of their deceased fellow member, they will go into mourning by wearing crape on their left arm for the space of thirty days."

On motion of Mr. Whiteside,
The said resolutions were amended, by adding the following:
Resolved, That as a testimony of the deep sympathy which as individuals we feel for the irreparable loss sustained by the widow and infant children of the Hon. Benjamin A. Clark, each member will devote this days pay to their use.

The resolutions were then adopted as amended, unanimously.

Mr. Hackelton, from the select committee, to which was referred the bill from the Senate entitled,
"An act concerning the public revenue;"
Reported the same back to the House without amendment,
Ordered to a third reading.

On motion of Mr. Butler,
The rule of the House was dispensed with, and
The bill was now read a third time.

The bill then passed.

Ordered, That the title of the bill be as aforesaid, and that the clerk inform the Senate thereof.

A message from the Governor, by A. P. Field, Esq. Secretary of State.

"MR. SPEAKER, — I am directed by the Governor, to lay before the House of Representatives, a communication in writing."

And then he withdrew.

273

Mr. Cloud from the committee on Enrolled Bills, reported That they had laid before the Council, of Revision, a bill of the following title, to wit:
"An act for the construction of the Illinois and Michigan Canal."

Mr. Wyatt from the select committee, to which was referred the petition of sundry citizens of Morgan county;
Reported a bill entitled,
"An act to lay out certain state roads in Morgan county;"
Which was read the first time, and
Ordered to a second reading.

On motion of Mr. Wyatt,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title.

Ordered to be engrossed for a third reading.

The communication from the Governor laid before the House this day;
Was read as follows, to wit:

EXECUTIVE DEPARTMENT,
Vandalia, January 11th, 1836.

To the Honorable,
The Speaker of the House of Representatives;

SIR:— I have the honor to inform the House of Representatives, that a vacancy has occurred in the office of Judge of Probate for the county of Knox.

I have the honor to be sir,
Your ob't servant,
JOSEPH DUNCAN.

On motion of Mr. Hackelton,
Said communication was
Laid upon the table.

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

"MR. SPEAKER, — The Senate have concurred with the House of Representatives in the passage of a bill entitled,
"An act to incorporate the Pekin and Tremont Rail Road Company;"
As amended by them, in which amendments they ask the concurrence of the House of Representatives."

And he withdrew.

The engrossed bill entitled,
"An act to amend an act entitled an act concerning Estrays, approved 9th of February 1835;"
Was read a third time.

274

On motion of Mr. Stuart,
Said bill was laid upon the table.

Mr. Frazer moved to postpone the orders of the day, and take up the message from the Senate just received;
Which was not agreed to.

On motion of Mr. Dawson,
The bill from the Senate entitled,
"An act to authorize and require the county commissioners' court of Sangamon county, to build a bridge over the Sangamon river,"
Was read a third time by its title.

On motion of Mr. Lincoln,
Said bill was amended, by adding the following at the end of the 1st section:
"And another across the same stream, at such point as they shall deem proper within township 18, north of range 7, west of the third principal meridian."

The 2d, 3d and 4th sections, so as to make the word "bridge," read "bridges," wherever it occurs.

The bill then passed as amended.

On motion of Mr. Webb,
The title of said bill was amended by striking out the words "a bridge," and inserting "bridges."

Ordered, That the title of the bill be as amended, that the Clerk inform the Senate thereof and ask their concurrence to said amendments.

On motion of Mr. Cloud,
The engrossed bill entitled,
"An act to incorporate the Waverlyand Grand Prairie Rail Road Company."

Was read a third time by its title.

The bill then passed.

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

Mr. Pace moved that the engrossed bill entitled,
"An act to record certain property therein named,"
Be read a third time by its title;
Which was not agreed to.

The bill was then read a third time and passed.

On motion of Mr. Pace,
The title was amended, so as to read

275

"An act to incorporate the Trustees of the town of Mount Vernon."

Ordered, That that the title of the bill be as amended, that the clerk carry the same to the Senate and ask their concurrence therein.

The engrossed bill entitled,
"An act to incorporate the Central Branch Wabash Rail Road Company,"
Was read a third time.

On motion of Mr. Manly,
Said bill was amended by inserting the following names in the 3d line of the 1st section, after the word "That," viz:
"Sidney Breese, William F. Thornton, John Tillson, Charles S. Morton, and Simeon Pool."

On motion of Mr. Manly,
Said bill was referred to a select committee.

Ordered, That Messrs. Manly, Porter and Smith, be that committee.

Mr. Frazer moved that the engrossed bill entitled,
"An act to locate a state road from Peoria to Pekin, thence to intersect the road leading from Peoria to Springfield, and for other purposes;"
Be read a third time by its title;
Which was not agreed to.

The bill was then read a third time and passed.

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

The engrossed bill entitled,
"An act providing for the sale of section sixteen, in township three south of range eight west;"
Was read a third time and passed.

Ordered, That the title of the bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

The engrossed bill entitled,
"An act to relocate so much of the State Road leading from Rushville to Monmouth, as lies between Monmouth and Macomb;"
Was read the third time, and passed.

On motion of Mr. Gregory,
The title of the bill was amended, by adding the words

276

"And to establish a part of a State Road in Greene county."

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

On motion of Mr. Cloud,
The bill from the Senate entitled,
An act to amend an act to incorporate the Jacksonville and Meredosia Rail Road Company."

Was read the third time by its title.

On motion of Mr. Henry,
Said bill was referred to a select committee.

Ordered, That Messrs. Henry, Wyatt and Gordon, be that committee.

The bill from the Senate entitled,
"An act relating to practice,"
Was read a third time; and
On motion of Mr. Stuart,
Referred to a select committee.

Ordered, That Messrs. Stuart, Turney and Dunn, be that committee.

The bills from the Senate entitled,
"An act to locate a state road therein named," and,
"An act to relocate a part of the State Road from Vincennes to Chicago;"
Were severally read the third time and passed.

Ordered, That the titles of the bills be as aforesaid, and that the clerk inform the Senate thereof.

The bill from the Senate entitled,
"An act supplemental to an act entitled an act concerning public records, approved February 9, 1835;"
Was read the third time.

On motion of Mr. Hughes,
Said bill was referred to a select committee.

Ordered, That Messrs. Hughes, Buckmaster, and Hackelton, be that committee.

The bill from the Senate, entitled,
"An act authorizing the sale of the real estate of D. L. W Jones deceased, and for other purposes;"
Was read the second time; and,
On motion of Mr. Gregory,
Said bill was referred to the committee on the Judiciary.

The bill from the Senate entitled,

277

"An act concerning deeds executed without this State."

Was read the second time; and,
On motion of Mr. Henry,
Referred to the committee on the Judiciary.

The bill from the Senate entitled,
"An act to amend the several acts in relation to the Penitentiary;"
Was read the second time; and,
Ordered to a third reading.

The bill from the Senate entitled,
"An act to establish a state road from Equality to McLeansboro', and for other purposes;"
Was read the second time; and,
Ordered to a third reading.

On motion of Mr. Carpenter of Hamilton,
The rule of the House was dispensed with, and said bill was now read the third time by its title.

The bill then passed.

Ordered, That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof.

The bill from the Senate entitled,
"An act to confirm the survey add plat of the town of Clayton;"
Was read the second time; and
Ordered to a third reading.

On motion of Mr. Vandevanter,
The rule of the House was dispensed with, and
Said bill was read a third time by its title.

The bill then passed.

Ordered, That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof.

The House then resolved itself into a committee of the Whole House, to take into consideration the bill entitled,
"An act to change the mode of listing taxable property in this State."

Mr. Vandevanter in the Chair;
And after some time spent therein,
Mr. Speaker resumed the Chair; and,
Mr. Vandevanter reported, That the committee of the Whole House have, according to order, had said bill under consideration, and directed him to report the same back to the

278

House with an amendment, by striking out all after the enacting clause, and ask the concurrence of the House therein.

On the question, Will the House concur with the committee of the Whole in their amendment?

It was decided in the affirmative. — Yeas 28. — Nays 16.

The Yeas and Nays being called for;
Those voting in the affirmative, are, Messrs. Able, Blackford, Butler, Carpenter of Sangamon, Craig, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gregory, Hackelton, Harris, Hughes, Hunt, Manly, Moore, Murphy, Oliver, Outhouse, Pace, Smith, Thompson, Trower, Webb, Whiteside, Wood, and Mr. Speaker. — 38.

Those voting in the negative, are,
Messrs. Bowyer, Brown, Carpenter of Hamilton, Cloud, Dunn, Gordon, Hampton, Harreld, Henry, Hunter, Lincoln, Porter, Stuart, Turney, Vandevanter and Wyatt — 16.

On motion of Mr. Frazer,
Said bill was referred to a select committee.

Ordered, That Messrs. Cloud, Turney and Frazer, be that committee

On motion of Mr. Stuart,
The engrossed bill entitled,
"An act entitled an act to amend an act entitled an act concerning Estrays, approved 9th Feb. 1835,"
This day laid upon the table,
Was now taken up for consideration.

The bill then passed.

Ordered, That the title of said bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

On motion of Mr. Hughes, The House then adjourned until 2 o'clock, P. M.

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2 o'clock P. M.

House met pursuant to adjournment.

The bill from the Senate entitled,
"An act to lay out a state road from the county of McDonough to Hennepin, in the county of Putnam;
Was read the first time; and
Ordered to a second reading.

On motion of Mr. Hackelton,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title.

On motion of Mr. Hackelton,
Said bill was referred to a select committee.

Ordered, That Messrs. Hackelton, Butler and Ross, be that committee.

The bill from the Senate entitled,
"An act to change a part of the state road leading from Springfield to Beardstown;"
Was read the first time; and
Ordered to a second reading.

On motion of Mr. Gordon, The rule of the House was dispensed with, and
Said bill was read the second time by its title.

Ordered, That said bill be read a third time.

The bill from the Senate entitled,
"An act for the relief of Timothy Guard and others,"
Was read the first time, and
Ordered to a second reading.

The bill from the Senate entitled,
"An act to amend an act entitled an act to change the corporate powers of the town of Chicago,"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Webb,
The rule of the House was dispensed with, and Said bill was read the second time by its title.

On motion of Mr. Henry,
Said bill was referred to the committee on the Judiciary.

The resolution from the Senate requiring the Secretary of State to make a Tabular statement of the Census &c."

Was read and concurred in.

Ordered, That the clerk inform the Senate thereof.

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The amendments of the Senate to the bill from the House entitled,
"An act to incorporate the Pekin and Tremont Rail Road Company;"
"An act to relocate and establish a state road from Paris in Edgar county, to Grandview;" and,
"An act concerning the School Fund;"
Were severally read and concurred in.

The amendment to the title of the last mentioned bill
Was also read and concurred in.

Ordered, That the clerk inform the Senate thereof.

The bill from the Senate entitled,
"An act to re-locate a State Road therein named."

Was read the first time, and
Ordered to a second reading.

On motion of Mr. Moore,
The rule of the House was dispensed with, and
Said bill was read a second time by its title.

Ordered, That said bill be read a third time.

The bill from the Senate entitled,
"An act to regulate elections in incorporated towns."

Was read the first time, and
Ordered to a second reading.

On motion of Mr. Buckmaster,
The rule of the House was dispensed with, and
Said bill was read the second time by its title.

On motion of Mr. Buckmaster,
Said bill was referred to a select committee.

Ordered, That Messrs. Buckmaster, Carpenter of Sangamon, and Wyatt, be that committee.

The bill from the Senate entitled,
"An act declaratory of the law in relation to the road tax."

Was read the first time, and
Ordered to a second reading.

On motion of Mr. Ross,
The rule of the House was dispensed with, and
Said bill was read the second time by its title.

On the further motion of Mr. Ross,
Said bill was referred to the committee on the Judiciary.

The bill from the Senate entitled,
"An act to incorporate the Shawneetown Insurance Company."

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Was read the first time, and
Ordered to a second reading.

On motion of Mr. Hampton,
The rule of the House was dispensed with, and
Said bill was read the second time by its title.

Ordered to a third reading.

On motion of Mr. Webb,
The rule of the House was dispensed with, and
Said bill was read a third time by its title.

The bill then passed.

Ordered, That the title of the bill be as aforesaid, and that the clerk inform the Senate thereof.

A message from the Senate by Mr. White, their Secretary.

"MR. SPEAKER, — I am directed to inform the House of Representatives that the Senate have refused to recede from their amendments to the bill entitled,
"An act to apportion the representation of the several counties in this State;"
And ask a committee of conference thereon, and have appointed Messrs. Servant and Davidson, on their part."

And he withdrew.

The bill from the Senate entitled,
"An act for the relief of James H. Reed of Cook county."

Was read the first time, and
Ordered to a second reading.

On motion of Mr. Stuart,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title, and
On the further motion of Mr. Stuart,
Referred to the committee on Finance.

The bill from the Senate entitled,
"An act to incorporate the Quincy Insurance Company."

Was read the first time; and
Ordered to a second reading.

On motion of Mr. Ross,
The rule of the House was dispensed with, and
Said bill was read the second time by its title;
The bill was then
Ordered to a third reading.

The bill from the Senate, entitled,

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"An act to authorize the administrators of James M. Wells to convey certain town lots."

Was read the first time; and,
Ordered to a second reading.

On motion of Mr. Ross,
The rule of the House was dispensed with, and said bill now read the second time by its title.

Ordered, That said bill be read a third time.

A message from the Council of Revision, by Mr. Sprigg, their Secretary.

"MR. SPEAKER, — The Council of Revision have approved bills of the following titles, to wit:
"An act to locate a state road between Mount Carmel in Wabash county, and Maysville in Clay county."
"An act to relocate a part of the road leading from Hillsboro' to the Honey Point."
"An act making compensation to the person therein named,"
"An act to incorporate the Alton Female Institute,"
"An act to incorporate the Chatham Manual Labor School."
"An act to incorporate the Trustees of the Bloomington Female Seminary of Learning;"
"An act for the construction of the Illinois and Michigan Canal;"

And he withdrew.

The bill from the Senate entitled,
"An act to incorporate the Wabash and Mississippi Union Rail Road Company."

Was read the second time; and
Ordered to a third reading.

On motion of Mr. Whiteside,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title;
On motion of Mr. Whiteside,
The bill was referred to a select committee.

Ordered, That Messrs. Whiteside, Trower and Elliott, be that committee.

The bill from the Senate entitled,
"An act to locate a state road from Rushville to Warsaw."

Was read the first time; and
Ordered to a second reading.

On motion of Mr. Vandevanter,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title.

On the further motion of Mr. Vandevanter,
Said bill was referred to a select committee,

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Ordered, That Messrs. Vandevanter, Owen and Ross, be that committee.

The bill from the Senate entitled,
"An act to incorporate the stockholders of the Randolph Manufacturing Company."

Was read the first time; and,
Ordered to a second reading.

On motion of Mr. Thompson,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title.

On the further motion of Mr. Thompson,
Referred to a select committee.

Ordered, That Messrs. Thompson, Murphy and Harreld, be that committee.

The bill from the Senate, entitled,
"An act relating to the Gallatin Saline and the lands belonging to the same."

Was read the first time, and
Ordered to a second reading.

On motion of Mr. Whiteside,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title.

Mr. Stuart moved that said bill be referred to a select committee of five.

Mr. Whiteside moved that said bill be referred to the committee on Finance.

Mr. Manly moved that said bill be laid on the table.

On the question,
Shall said bill be referred to a select committee of five?

It was decided in the affirmative.

Ordered, That Messrs. Stuart, Hampton, Whiteside, Nunnally and Tunnell, be that committee.

The bill from the Senate, entitled,
"An act relating to the records of Clinton county."

Was read the first time, and
Ordered to a second reading.

On motion of Mr. Outhouse,
The rule of the House was dispensed with, and said bill
Was now read the second time by its title, and
On the further motion of Mr. Outhouse,
Referred to a select committee.

Ordered, That Messrs. Outhouse, Hunter and Wren, be that committee.

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The bill from the Senate entitled,
"An act for the benefit of the officers therein named;"
Was read the first time; and,
Ordered to a second reading.

On motion of Mr. Outhouse,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
On the further motion of Mr. Outhouse,
Referred to a select committee.

Ordered, That Messrs. Outhouse, Able and Porter, be that committee.

The bill from the Senate entitled,
"An act to establish certain counties."

Was read the first time; and
Ordered to a second reading.

On motion of Mr. Vandevanter,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
On motion of Mr. Whiteside,
Referred to a select committee.

Ordered, That Messrs. Whiteside, Able and Hackelton, be that committee.

The question was put,
Will the House order a committee of conference on the disagreeing vote of the two Houses upon the amendments of the Senate to the bill from the House of Representatives, entitled
"An act to apportion the representation of the several counties in this State,"
And decided in the affirmative.

Ordered, That Messrs. Thompson, Blackwell and Cloud, be that committee on the part of the House of Representatives.

Ordered, That the clerk inform the Senate thereof.

Mr. Murphy from the select committee, to which was referred the bill entitled,
"An act supplemental to the several acts regulating the Circuit Courts of this State,"
Reported the same back to the House without amendment.

Ordered to be engrossed for a third reading.

Mr. Stuart from the committee on Petitions, to which was referred the petition of John F. Wright, asked that the comittee

285

be discharged from the further consideration of said petition.

Which was granted.

On motion of Mr. Stuart,
Said petition was referred to the committee on the Judiciary.

And then the House adjourned.

Tuesday, January 12, 1836.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled bills, reported as correctly enrolled, bills of the following titles, to wit:
"An act declaring the road lying in Edgar county, between A. Forster's and H. G. Smith's a state road."
"An act to authorize William Seely to build a toll bridge across the Big Vermillion."
"An act to establish the County of Will."
"An act to amend an act entitled, an act regulating the times of holding the Supreme and Circuit Courts, and fixing the salary of the Circuit Judges, approved February 13th, 1835;"
"An act to amend an act to incorporate the Colleges therein named."
"An act to authorize John Boles and James L. Kirkpatrick to build a toll bridge across Fever river;" and
"An act to incorporate McDonough College."

A message from the Senate by Mr. Thomas their Assistant Secretary.

"Mr. SPEAKER:— I am directed to inform the House of Representatives that the Senate have concurred with them in the passage of bills of the following titles, viz:
"An act to re-locate a part of the state road leading from Springfield to Lewiston;"
"An act to locate a state road therein named."
"An act for the benefit of the inhabitants of fractional range 11 in White county;" and

286

"An act concerning the Public Square in the town of Jacksonville."

They have also concurred with the House of Representatives, in the passage of the bill entitled,
"An act to incorporate the Wabash and Mississippi Rail Road Company,"
As amended by them, and ask the concurrence of the House of Representatives in their amendments to said last mentioned bill.

The Senate also concur in the report of the committee of Conference appointed on the disagreeing vote of the two Houses, on the amendments of the Senate to the bill from the House of Representatives, entitled,
"An act to apportion the representation of the several counties in this State,"
And refuse to concur in the amendments of the House of Representatives, to the bill from the Senate, entitled,
"An act to authorise and require the County Commissioners' Court of Sangamon county, to build a bridge over the Sangamon river."

And he withdrew.

Mr. Dunn from the committee on the Judiciary, to which was referred the Preamble and Resolutions and report of a committee of the Senate relative to the printing the Laws and Journals of the last session, made the following REPORT:
The committee on the Judiciary, to whom were referred the resolutions of the House, directing an enquiry into the causes which produced the delay with the Public Printer, in publishing the Laws and Journals of the last session of this General Assembly, and also the report and resolutions of the Senate on the same subject, Report:

That after due consideration of the matters referred to their examination, they are impressed with the belief that the public interest has not been materially prejudiced by the failure of the Public Printer to publish, in exact time, the School Laws and the Journal of the Senate. The omission to publish a part of the Journal of the House, seems to have arisen between the Clerk of the House and the Public Printer, without presenting or furnishing facts that satisfactorily indicate on whom the fault rests. The committee are

287

fully satisfied, however, that no intentional dereliction of duty can be justly ascribed to either; but they are constrained, from a sense of duty to say, that a stricter fulfilment of public services, is and ought to be expected at the hands of public functionaries.

The distressing sickness with which our country was visited during the last summer and fall, engrossed time and energy for the relief of the afflicted; and your committee think that the most stern exacter of justice could not require a literal compliance with specific promises where there was an evident lack of physical power to comply. Your committee are fully satisfied of the truth of the premises laid down; the deduction will not be denied.

From the circumstances obvious to every one, without the aid of legal investigation, your committee believe that the Public Printer might successfully defend himself in a suit upon his bond. Therefore they cannot recommend as an act of policy to the State, or justice to the individual, that suit should be brought as advised in the first resolution appended to the preamble or report of the Senate.

They consider that the reasons offered by the Secretary for not withholding the six per cent., from the Public Printer for his default in not publishing the School Laws and Journal, are founded upon correct supposed views, and the true spirit and meaning of our legislation upon the subject; they recommend a non-concurrence in that part of the report of the Senate.

The question being put,
Will the House concur with the Senate in the adoption of their first resolution? viz:
Resolved by the General Assembly of the State of Illinois, That the Executive of the State, cause suit to be instituted upon the bond of the public printer, to recover the penalties provided by law, for a failure on the part of the public printer, to print the Journal of the Senate of the first session of the present General Assembly; and for a failure to print the Digest of the Laws in relation to Schools and School Lands &c., prepared by a joint committee of the General Assembly, within the time required by law;
It was decided in the affirmative. — Yeas 31. — Nays 19.

The Yeas and Nays being called for:
Those voting in the affirmative, are,

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Messrs. Blackford, Bowyer, Brown, Butler, Dawson, Duboig Elliott, Fithian, Gordon, Gregory, Hampton, Harreld, Harris Henry, Hunt, Lincoln, Moore, Murphy, Oliver, Outhouse, Pace, Porter, Ross, Stuart, Thompson, Trower, Webb, Whiteside, Wood, Wren and Mr. Speaker. — 31.

Those voting in the negative, are,
Messrs. Able, Blackwell, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Dunn, Frazer, Hackelton, Hughes, Hunter, Manly, Nunnally, Smith, Tunnell, Turney, Vandevanter, and Wyatt. — 19.

The question was then put,
Will the House concur with the Senate in the adoption of the second resolution? viz:
Resolved, That the Clerk of the House of Representatives furnish the Public Printer with a copy of that part of the Journal of the House, during the first session of the present general assembly, which was omitted in the printing of said Journal, & that the same be printed with the Journal of the House of the present session; that the Clerk in furnishing the copy shall make a note of reference, referring to the page and date of the printed Journal where the omission occurred.

It was decided in the affirmative.

Ordered, That the Clerk inform the Senate thereof.

Mr. Dunn from the committee on the Judiciary, to which was referred the bill from the Senate, entitled,
"An act to amend an act to change the corporate powers of the town of Chicago;"
Reported the same back to the House without amendment, and recommended its passage.

Ordered, That said bill be read a third time.

On motion of Mr. Henry,
The rule of the House was dispensed with, and
The bill was now read a third time by its title.

The bill then passed.

Ordered, That the title of the bill be as aforesaid, and that the clerk inform the Senate thereof.

Mr. Cloud from the committee of conference on the disagreeing vote of the two Houses on the bill from the House of Representatives, entitled,
"An act to apportion the representation of the several counties of this State,"
Reported that they had met and agreed to reccommend to

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the Senate to recede from their second amendment, and that the House concur with the Senate in their first amendment to said bill;"
Which was read and concurred in.

Ordered, That the Clerk inform the Senate thereof.

Mr. Dunn, from the committee, on the Judiciary, to which was referred the bill from the Senate entitled,
"An act for the benefit of Mary Myott, infant daughter of Catharine Myott."

Reported the same back to the House without amendment;
On motion of Mr. Stuart,
Said bill was referred to a select committee.

Ordered, That Messrs. Stuart, Dunn and Hackelton, be that committee.

Mr. Blackwell from the select committee to which was referred the bill from the Senate entitled,
"An act concerning the publication of the Laws and Journals."

Reported the same back to the House without amendment.

Ordered to a third reading.

Mr. Stuart from the select committee to which was referred the bill entitled,
"An act to appoint commissioners out of the State."

Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Stuart from the select committee to which was referred the bill from the Senate entitled,
"An act relating to Practice,"
Reported the same back to the House without amendment;
and recommended its rejection.

Mr. Manly moved to refer said bill to a select committee;
Which was not agreed to.

On the question,
Shall said bill be read a third time?

It was decided in the negative.

Ordered, That the Clerk inform the Senate thereof.

Mr. Outhouse from the select committee, to which was referred the bill from the Senate entitled,
"An act relative to the records of Clinton County,"
Reported the same back to the House without Amendment;
Ordered, That said bill be read a third time.

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Mr. Stuart from the select Committee, to which was referred the bill from the Senate entitled, "An act relating to the Gallatin Saline and the lands belonging to the same,"
Reported the same back to the House without amendment;
Mr. Whiteside moved to commit said bill to a select committee of five;
Which was not agreed to. — Yeas 23. — Nays 26.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blackwell, Buckmaster, Carpenter of Sangamon, Craig, Frazer, Harris, Hughes, Hunter, Manly, Moore, Murphy, Oliver, Outhouse, Porter, Thompson, Trower, Tunnell, Webb, Whiteside, Wren and Mr. Speaker. — 23.

Those voting in the negative, are,
Messrs. Bowyer, Brown, Butler, Carpenter of Hamilton, Cloud, Dawson, Dubois, Dunn, Elliott, Fithian, Gordon, Gregory, Hackelton, Hampton, Harreld, Henry, Hunt, Lincoln, Nunnally, Pace, Ross, Stuart, Smith, Vandevanter, Wood, and Wyatt. — 26.

Mr. Buckmaster moved that said bill be referred to a committee of the Whole House and that the House now go into committee of the Whole House upon said bill;
Which was not agreed to. — Yeas 19. — Nays 30.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blackwell, Buckmaster, Carpenter of Sangamon, Dubois, Frazer, Hackelton, Harris, Hughes, Hunter, Manly Moore, Outhouse, Porter, Ross, Trower, Tunnell, Vandevanter, Whiteside and Mr. Speaker. — 19.

Those voting in the negative, are,
Messrs. Able, Blackford, Bowyer, Brown, Butler, Carpenter of Hamilton, Cloud, Craig, Dawson, Dunn, Elliott, Fithian Gordon, Gregory, Hampton, Harreld, Henry, Hunt, Lincoln, Murphy, Nunnally, Oliver, Pace, Stuart, Smith, Thompson, Webb, Wood, Wren and Wyatt — 30.

On motion of Mr. Henry,
Said bill was amended by inserting after the word "Creek," at the end of "section 6," the following, viz:

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"And also the sum of six hundred dollars to the county of Edwards, to be expended by the Commissioners in works of Internal improvements in said county of Edwards."

Mr. Frazer moved to amend said bill by inserting after the amendment just adopted, the following, viz:
"Five hundred dollars to the county of Clay for the improvement of the Little Wabash bottom, to be applied under the supervision of the Commissioners' Court of said county, and that the several appropriations contemplated in this act, shall be paid pro rata."

Mr. Blackford moved to amend the amendment, by adding the following, viz:
"And the sum of one thousand dollars is further appropriated to be expended in the county of White, under the direction of the county commissioner's court for the purposes of Internal Improvements;"
Which was not agreed to.

Mr. Outhouse moved to amend the amendment, by adding the following:
"To the county of Clinton, five hundred dollarrs;
Which was not agreed to.

Mr. Wyatt moved the previous question.

The question was then taken on the amendment;
And it was not agreed to.

On the question,
Shall the main question be now put?

It was decided in the negative. — Yeas 21. Nays 28.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Bowyer, Brown, Butler, Carpenter of Hamilton, Cloud, Dawson Dunn, Elliott, Fithian, Gordon, Gregory, Hampton, Harreld, Hunt, Lincoln, ross, Stuart, Tunnell, Wood and Wyatt. — 21.

Those voting in the negative, are,
Messrs. Blackford, Blackwell, Buckmaster, Carpenter of Sangamon, Craig, Dubois, Frazer, Harris, Henry, Hughes, Hunter, Manly, Moore, Murphy, Nunnally, Oliver, Outhouse, Pace, Porter, Smith, Thompson, Trower, Turney, Vandevanter, Webb, Whiteside, Wren and Mr. Speaker. — 28.

Mr. Nunnally moved to amend said bill by adding the following, after the words "St. Louis road" in the 7th section, viz:

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"To the county of Edgar three hundred dollars, to be expended under the direction of the County Commissioners" Court of said county, for the improvement of the public roads therein."

On motion of Mr. Pace,
The amendment was amended by adding the following, viz:
"To the county of Jefferson, the sum of four hundred dollars to be expended under the direction of the County Commissioners of said county,"
Yeas 34. Nays 14.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Bowyer, Buckmaster, Butler, Carpenter of Hamilton, Cloud, Dunn, Fithian, Frazer, Gordon, Hampton, Harreld, Hughes, Hunt, Lincoln, Manly, Moore, Nunnally, Oliver, Outhouse, Pace, Porter, Ross, Stuart, Smith, Thompson, Turney, Vandevanter, Whiteside, Wood, Wren, Wyatt and Mr. Speaker. — 34.

Those voting in the negative, are,
Messrs. Blackford, Blackwell, Brown, Carpenter of Sangamon, Craig, Dubois, Elliott, Gregory, Harris, Henry, Hunter, Trower, Tunnell and Webb. — 14.

Mr. Frazer moved to amend the amendment, by adding the following, viz:
"And to the county of Clay, three hundred dollars, to be applied to the improvement of the Little Wabash Bottom."

Mr. Stuart moved the previous question.

The question was then taken upon the amendment to the amendment;
And decided in the affirmative.

The question was then taken upon the amendment as amended;
And decided in the affirmative.

Mr. Manly moved that the House adjourn;
Which was not agreed to.

On the question,
Shall the main question be now put?

It was decided in the affirmative. — Yeas 25. — Nays 24.

The Yeas and Nays being called for:
Those voting in the affirmative, are,

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Messrs. Able, Bowyer, Brown, Butler, Carpenter of Hamilton, Cloud, Craig, Dawson, Dunn, Frazer, Gordon, Gregory, Hampton, Harreld, Hunt, Lincoln, Murphy, Nunnally, Pace, Ross, Stuart, Turney, Vandevanter, Wood, and Wyatt. — 25.

Those voting in the negative, are,
Messrs. Blackford, Blackwell, Buckmaster, Carpenter of Sangamon, Dubois, Elliott, Fithian, Harris, Henry, Hughes, Hunter, Manly, Moore, Oliver, Outhouse, Porter, Smith, Thompson, Trower, Tunnell, Webb, Whiteside, Wren and Mr. Speaker. —24.

On the question,
Shall said bill be read a third time as amended?

It was decided in the affirmative. — Yeas 31. — Nays 18.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Bowyer, Brown, Butler, Carpenter of Hamilton, Cloud, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hampton, Harreld, Henry, Hughes, Hunt, Lincoln, Murphy, Nunnally, Pace, Ross, Stuart, Thompson, Turney, Vandevanter, Wood, Wren and Wyatt. — 31.

Those voting in the negative, are,
Messrs. Blackford, Blackwell, Buckmaster, Carpenter of Sangamon, Craig, Harris, Hunter, Manly, Moore, Oliver, Outhouse, Porter, Smith, Trower, Tunnell, Webb, Whiteside, and Mr. Speaker. — 18.

A message from the Senate by Mr. Thomas their Assistant Secretary.

"MR. SPEAKER, — The Senate have adopted the following resolution, and ask the concurrence of the House of Representatives therein, viz:
Resolved by the General Assembly, That our Senators in Congress be instructed and our Representatives requested to use their exertions to procure an appropriation having for its object the establishment of a Hospital at the mouth of the Ohio River."

They have concurred, with the House of Representatives in the passage of the bill from the House of Representatives, entitled,
"An act to incorporate the Danville Academy," and
Have passed a bill entitled,
"An act to improve the breed of Cattle;"

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

And then he withdrew.

On motion of Mr. Nunnally,
Leave of absence was given to Mr. Cunningham, for the remainder of the session.

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

Two o'clock, P. M.

House met pursuant to adjournment.

Mr. Henry from the select committee to which was referred the bill from the Senate entitled,
"An act to amend an act to incorporate the Jacksonville Meredosia Rail Road Company,"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to a third reading.

Mr. Vandevanter, from the select committee, to which was referred the bill from the Senate entitled,
"An act to locate a state road from Rushville to Warsaw;"
Reported the same back to the House without amendment.

Ordered to a third reading.

Mr. Bowyer from the select committee to which was referred the engrossed bill entitled,
"An act to amend an act concerning Justices of the Peace and Constables, approved Feb. 3, 1827;
Reported the same back to the House with an amendment;
Which was read and not concurred in.

On the question,
Shall said bill pass?

It was decided in the negative. — Yeas 21. — Nays 28.

The Yeas and Nays being called for:
Those voting in the affirmative, are,

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Messrs. Blackwell, Buckmaster, Carpenter of Sangamon, Cloud, Dunn, Frazer, Gregory, Harris, Hughes, Murphy, Oliver, Owen, Pace, Ross, Tunnell, Turney, Vandevanter, Wood, Wren, Wyatt and Mr. Speaker. — 21.

Those voting in the negative, are,
Messrs. Able, Blackford, Bowyer, Brown, Butler, Carpenter of Hamilton, Craig, Dawson, Dubois, Elliott, Fithian, Gordon, Hackelton, Hampton, Harreld, Henry, Hunt, Hunter, Lincoln, Manly, Moore, Nunnally, Outhouse, Porter, Stuart, Smith, Webb, and Whiteside. — 28.

Mr. Outhouse from the select committee to which, was referred the bill from the Senate entitled,
"An act for the benefit of the officers therein named;"
Reported the same back to the House without amendment;
Ordered to a third reading,

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

"MR. SPEAKER, — The Senate have concurred with the House of Representatives in the passage of a bill from the House of Representatives entitled,
"An act for the incorporation of the Mississippi, Springfield and Jacksonville Rail Road Company,"

As amended by them.

They have also amended the title of the bill by striking out the word "Jacksonville," and inserting the word "Carrollton," in lieu thereof.

And ask the concurrence of the House of Representatives in said amendments.

They have also concurred with the House of Representatives in the passage of the bill entitled,
"An act authorizing Samuel Witter to build a toll-bridge."

And have passed a bill entitled,
"An act to incorporate the Carlyle Bridge Company;"
In the passage of which bills they ask the concurrence of the House of Representatives."

And he withdrew.

On motion of Mr. Murphy,
The bill from the Senate entitled,
"An act to incorporate the Illinois Central Rail Road Company."

Some days since laid upon the table;
Was now taken up for consideration;

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Mr. Hughes moved to refer said bill to a committee of the Whole House, and make it the order of the day for this evening;
Which was not agreed to. — Yeas 19. — Nays 32.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Hackelton, Harris, Hughes, Hunt, Hunter, Moore, Smith, Thompson, Tunnell, Turney, Vandevanter, Whiteside, Wood, Wren, and Mr. Speaker. — 19.

Those voting in the negative, are,
Messrs. Able, Blackford, Blackwell, Bowyer, Brown, Buckmaster, Craig, Dawson,Dubois, Dunn, Elliott,Fithian, Frazer, Gordon, Gregory, Hampton, Harreld, Henry, Lincoln, Manly, Murphy, Nunnally, Oliver, Outhouse, Owen, Pace, Porter, Ross, Stuart, Trower, Webb, and Wyatt. — 32.

On motion of Mr. Stuart,
Said bill was amended by striking out all after the word "act," in the 5th line, to the word "lands" in the seventh line, 19th section, and insert in lieu thereof, the following viz:
"And also to make available in some deposite Bank of the revenue of the United States, the amount of the scrip in this act authorized to be issued by the Governor of the State, for the payment of the land authorized to be entered and purchased by said Company; in payment of which land, when selected, the Treasurer of the State shall give his check or draft on such deposite Bank, to the Receiver of the public moneys of the several Land Offices to whom payment is to be made for such land."

On the further motion of Mr. Stuart,
Said bill was further amended by adding the following additional section, viz:
SEC. 25. It shall be the duty of said Company, to reserve of said Capital Stock, to the amount of five hundred thousand dollars, to be disposed of in this State; which Stock so reserved, the President and Directors of said Company, shall, within four months after the said Company shall have been organized, offer for sale, by causing books to be opened at the several places hereinafter named, and under the direction of the following Commissioners, namely: At Ottowa, under the

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direction of Lovell Kimball; at Bloomington, under the direction of M. L. Covill; at Springfield, under the direction of William Carpenter; at Jacksonville, under the direction of John Henry; at Decatur, under the direction of Isaac Pugh; at Shelbyville, under the direction of Joseph Oliver; at Hillsboro', under the direction of Christian B. Blockburger; at Vandalia, under the direction of James Black; at Greenville, under the direction of James Bradford; at Carlyle, under the direction of Joshua T. Bradley; at Salem, under the direction of Mark Tully; at Mount Vernon, under the direction of Harvey T. Pace; at McLeansboro', under the direction of Milton Carpenter; at New Nashville, under the direction of John D. Wood; at Frankfort, under the direction of Johnson Wren; at Equality, under the direction of Daniel Wood; at Darwin, under the direction of Uri Manly; at Alton, under the direction of J. A. Townsend; and at Belleville, under the direction of John D. Hughes; and the said Commissioners at the places above named, shall receive subscriptions for said stock, which books shall be kept open for the space of at least sixty days, or until the whole of said stock, so offered for sale, is taken; and whenever, and as soon as twenty five thousand dollars thereof shall have been subscribed, at any one of therefore mentioned places, the books at such place, shall thereupon be closed. One dollar on each share so subscribed, shall be paid by the subscriber at the time of subscribing; and no person shall, during the first thirty days after the opening of the books as aforesaid, be allowed to subscribe for more than five shares in his or her own name; and any and so much of said stock so offered for sale at said places as aforesaid, as shall remain unsubscribed after sixty days from the time of opening said books may be disposed of in such manner and at such time as the said President and Directors of the Company shall deem proper. Public notice of the time and place, when and where said books shall be opened for the purpose aforesaid, shall be given in three or more newspapers of general circulation, published in this State: and all vacancies occasioned by death or refusal to serve of the above named Commissioners, shall be filled by the President and Directors of said Company.

On motion of Mr. Gregory,
Said bill was amended by striking out "13th," in the 19th section, and inserting "12th."

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On motion of Mr. Thompson,
Said bill was amended, by inserting after the words "A. G. Henry," in the first section, the words "James Thompson, Gabriel Jones, William Adair."

On motion of Mr. Nunnally,
Said bill was amended by adding, the following as an additional section, viz:
SEC. 26. That in case the lands upon which a loan is by this act created in favor of this State, should at any time be forfeited to the State, the Governor is hereby authorized and required to proceed to sell such lands at public sale, having first given six weeks notice of the time and place of such sale, by advertisement published in one of the newspapers of this State, and one in the State of New York. The Auditor and Treasurer of this State, shall act as Receiver and Register, and shall be governed by the same rules and regulations as are the several Receivers and Registers of the public lands in this State, except that they shall receive the highest and best bid made for any tract offered for sale without limit as to price per acre or tract. After all the lands above referred to shall be disposed of as provided for by this act, should not the proceeds arising from the sale thereof be sufficient to reimburse the State for any and all liabilities incurred by reason of, or on account of said Company, then and in that case it is hereby provided that the persons named in the first section of this act, together with all such persons as shall, at the time of such forfeiture happening, be stockholders in said Company, be jointly and severally liable to the full amount of such sum as will reimburse the State.

Mr. Blackwell moved to amend said bill by inserting after the name of "William Adair," in the 1st section, the words "R. K. McLaughlin, Henry Smith, William Linn."

On motion of Mr. Carpenter of Hamilton,
The amendment was amended by adding the words "Jesse C. Lockwood, Abraham Irvin, Daniel Marshall."

The amendment as amended, was then agreed to.

Mr. Dawson moved to amend the 6th section, by adding the following, viz:
"And said Commissioners are hereby required to commence said work at either end of the proposed route, as they may

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deem most conducive to the interest and prosperity of said road, any part of this act to the contrary notwithstanding."

Which was not agreed to.

Mr. Bowyer moved to amend the 19th section of said bill, by striking out the word "4" and inserting "7."
Which was not agreed to.

The question was then put,
Shall said bill be read a third time as amended?
And decided in the affirmative. — Yeas 31. — Nays 20.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackwell, Bowyer, Brown, Buckmaster, Carpenter of Hamilton, Craig, Dubois, Dunn, Fithian, Frazer, Gordon, Hackelton, Hampton, Harreld, Henry, Hunter, Lincoln, Manly, Murphy, Oliver, Outhouse, Owen, Pace, Stuart, Smith, Thompson, Trower, Whiteside, Wood and Wren. — 31.

Those voting in the negative, are,
Messrs. Blackford, Butler, Carpenter of Sangamon, Cloud, Dawson, Elliott, Gregory, Harris, Hughes, Hunt, Moore, Nunnally, Porter, Ross, Tunnell, Turney, Vandevanter, Webb, Wyatt and Mr. Speaker. — 20.

The Speaker laid before the House the following communication, viz:

VANDALIA, Jan. 10, 1836.

Sir:— In consequence of ill health, I hereby resign my seat as Representative from the counties of Peoria, Putnam, La Salle, Cook, Jo Daviess, and Rock Island.

Very respectfully,
Your ob't servant,
JOHN HAMLIN.

HON. JAMES SEMPLE
Speaker of the House of Representatives.

On motion of Mr. Hackelton,
Said communication was
Laid upon the table.

The Speaker laid before the House a communication from J. B. Thomas, Jr., Esq., late Attorney General, Which was read, and
On motion of Mr. Stuart,

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Referred to the committee on Public Accounts and Expenditures.

On motion of Mr. Stuart,
The petition of Seth T. Sawyer, Esq.,
Some days since laid upon the table,
Was now taken up, and
Referred to the same select committee.

Mr. Wyatt moved to reconsider the vote some days since taken, upon
The bill from the Senate entitled,
"An act supplementary to an act for the relief of Thomas Redmond, approved Feb. 7, 1835."

Which was not agreed to. — Yeas 21. Nays 29.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blackwell, Buckmaster, Carpenter of Hamilton, Craig, Hackelton, Hampton, Harris, Henry, Hunter, Lincoln, Nunnally, Oliver, Porter, Stuart, Smith, Thompson, Tunnell, Turney, Vandevanter, Wood and Wyatt. — 21.

Those voting in the negative, are,
Messrs. Able, Blackford, Bowyer, Brown, Butler, Carpenter of Sangamon, Cloud, Dawson, Dubois, Dunn, Elliott, Fithirn, Frazer, Gordon, Gregory, Harreld, Hughes, Hunt, Manly, Moore, Outhouse, Owen, Pace, Ross, Trower, Webb, Whiteside, Wren and Mr. Speaker. — 29.

Mr. Whiteside from the select committee, to which was referred the bill from the Senate, entitled,
"An act to incorporate the Wabash and Mississippi Union Rail Road Company;"
Reported the same back to the House with sundry amendments;
Which were read and concurred in.

Ordered, That said bill be read a third time,
Mr. Thompson from the select committee to which was referred the bill from the Senate entitled,
"An act to incorporate the stockholders of the Randolph Manufacturing Company."

Reported the same back to the House without amendment.

Ordered, That said bill be read a third time.

Mr. Buckmaster moved that
The bill from the Senate, entitled,
"An act to incorporate the Stockholders of the Alton Exporting Company,"

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Some days since laid upon the table,
Be now taken up for consideration;
Which was not agreed to.

Mr. Oliver moved that the House adjourn;
Which was not agreed to.

Mr. Stuart moved that the House adjourn until six o'clock this evening.

Which was not agreed to.

The engrossed bill entitled,
"An act to lay out certain state roads in Morgan county;"
Was read a third time.

And then the House adjourned until to-morrow morning at 9 o'clock.

Wednesday, January 13, 1836.

House met pursuant to adjournment.

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

"Mr. SPEAKER, —I am directed to inform the House of Representatives, that the Senate have passed bills of the following titles, viz:
"An act to incorporate the Chicago Insurance Company."
"An act concerning the advertisement of land sold for taxes."
"An act to authorize the settlement of the accounts of the Board of Commissioners for the improvement of the naivgation of the Kaskaskia River."
"An act to incorporate the Carmi Academy"
"An act to incorporate the Ausaganaski Canal Company."
"An act to incorporate the Burnt Prairie Manual Labor Seminary."
"An act to regulate the salary of the Warden of the Penitentiary."
"An act to incorporate the Illinois and Michigan transportation Company."
"An act to authorize Pelitiah Brewster to sell certain real estate;"

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"An act declaring a road therein named a state road;"
And,
"An act to incorporate the Franklin Manual Labor College."

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 bills of the following titles, viz:
"An act to incorporate the Alton, Jacksonville and Galena Turnpike Road Company," and
"An act to authorize certain persons therein named, to convey certain lands," and,
They have also concurred with the House of Representatives, in the passage of the bill entitled,
"An act supplemental to an act to incorporate the subscribers to the Bank of the State of Illinois,"
As amended by them, and ask the concurrence of the House of Representatives in their amendments to said bill."

And he withdrew.

Mr. Cloud from the committee on Enrolled bills, reported as correctly enrolled, bills of the following titles, to wit;
"An act to locate a state road therein named,"
"An act concerning the redemption of land sold for taxes."
"An act to re-locate and establish a state road from Paris in Edgar county, to Grandview;"
"An act to re-locate a part of the state road leading from Springfield to Lewiston,"
"An act for the benefit of the inhabitants of fractional range 11 in White county;"
"An act concerning the Public Square in the town of Jacksonville."
"An act to incorporate the Pekin and Tremont Rail Road Company,"
"An act to incorporate the Wabash and Mississippi Turnpike Company."
"An act to locate a state road therein named."
"An act to establish a state road from Equality to McLeansboro', and for other purposes;"
"An act concerning the public revenue;"
"An act to incorporate the Chicago Marine and Fire Insurance Company."
"An act to simplify proceedings in the action of Ejectment,"

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"An act to confirm the survey and plat of the town of Clayton,"
"An act to re-locate a part of the State Road from Vincennes to Chicago," and
"An act to incorporate the Shawneetown Insurance Company."

Also,
That they have laid before the Council of Revision, bills of the following titles, to wit:
"An act declaring the road lying in Edgar county, between A. Forster's and H. G. Smith's a state road."
"An act to authorize William Seely to build a toll bridge across the Big Vermillion."
"An act to establish the County of Will."
"An act to amend an act entitled, an act regulating the times of holding the Supreme and Circuit Courts, and fixing the salary of the Circuit Judges, approved February 13th, 1835;"
"An act to amend an act to Incorporate the Colleges therein, teamed."
"An act to authorize John Boles and James L. Kirkpatrick to build a toll bridge across Fever river;" and
"An act to incorporate McDonough College."

Mr. Dunn from the committee on the Judiciary, to which was referred the petition of John F. Wright, reported adverse to the prayer of the petitioner, and recommended that the petitioner have leave to withdraw his petition;
Which was granted.

Mr. Dunn from the committee on the Judiciary, to which was referred
The bill from the Senate, entitled,
"An act concerning deeds executed without this State."

Reported the same back to the House without amendment; and recommended its passage.

Ordered to a third reading.

Mr. Dunn from the committee on the Judiciary, to which was referred
The bill from the Senate entitled,
"An act authorizing the sale of the real estate of D. L. W Jones deceased, and for other purposes,"
Reported the same back to the House with an amendment, and recommended its passage.

Ordered to a third reading.

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Mr. Stuart from the select committee to which was referred the bill from the Senate, entitled, "An act for the benefit of Mary Myott, infant daughter of Catharine Myott;"
Reported the same back to the House without amendment;

Ordered to a third reading.

Mr. Hampton from the select committee to which was referred the bill for
"An act to amend an act entitled an act for the organization and government of the militia of this State, in force July 2, 1833;"
Reported the same back to the House with sundry amendments;
Which were read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Hughes from the select committee to which was referred
The bill from the Senate entitled,
"An act supplemental to an act entitled an act concerning public records, approved Feb. 9, 1835;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to a third reading as amended.

Mr. Whiteside from the select committee to which was referred
The bill from the Senate entitled,
"An act to establish certain counties."

Reported the same back to the House with sundry amendments;
Which were read.

On motion of Mr. Hackelton,
The amendments proposed by the select committee, were amended by striking out the word "Chippewa," and inserting the word "Whiteside."

The amendment as amended, was then agreed to.

Ordered to a third reading as amended.

On motion of Mr. Moore,
The rule of the House was dispensed with, and
Said bill was read a third time by its title.

And passed as amended.

Ordered, That the title of the bill be as amended, that the Clerk inform the Senate thereof and ask their concurrence to said amendments.

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Mr. Gregory from the select committee to which was referred
The bill from the Senate entitled,
"An act to authorize the Commissioners of the Illinois and Michigan Canal, to sell stone off the Canal lands."

Reported the same back to the House with sundry amendments;
Which were read and concurred in.

Ordered to a third reading.

Mr. Hackelton from the select committee to which was referred
The bill from the Senate entitled,
"An act concerning the payment of the revenue and for other purposes;"
Reported the same back to the House without amendment;
Ordered to a third reading.

The bill from the Senate entitled,
"An act to improve the Breed of Cattle,"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Gregory,
The rule of the House was dispensed with, and
Said bill was read a second time by its title.

Mr. Hackelton moved to refer said bill to a committee of the Whole House, and make it the order of the day for tomorrow.

Mr. Henry moved to amend the motion so as to make it the order of the day for "Tuesday next." Which was not agreed to.

The bill was then referred to the committee of the Whole for tomorrow.

The amendments of the Senate to the bill from the House of Representatives, entitled
"An act to incorporate the Wabash and Mississippi Rail Road Company."

Were read and concurred in.

On motion of Mr. Lincoln,
The House receded from their amendments to
The bill from the Senate entitled,
"An act to authorize and require the county commissioners' court of Sangamon county, to build a tollbridge over the Sangamon river;"
Ordered, That the clerk inform the Senate thereof.

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The bill from the Senate entitled,
"An act to incorporate the Carlyle Bridge Company,"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Outhouse,
The rule of the House was dispensed with, and said bill
Was now read the second time by its title, and
On the further motion of Mr. Outhouse,
Referred to a select committee.

Ordered, That Messrs. Outhouse, Frazer and Pace, be that committee.

The amendments of the Senate to the bill from the House of Representatives entitled,
"An act for the incorporation of the Mississippi, Springfield and Jacksonville Rail Road Company,"
Except the amendment to the 5th section,
Were read and concurred in; and
On motion of Mr. Turney,
Referred to a select committee, together with the bill.

Ordered, That Messrs. Turney, Cloud and Carpenter of Sangamon, be that committee.

The bill from the Senate, entitled,
"An act to incorporate the Chicago Hydraulic Company,"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Ross,
The rule of the House was dispensed with, and
Said bill was read the second time by its title.

Ordered, That said bill be read a third time.

The bill from the Senate entitled,
"An act to regulate the salary of the Warden of the Penitentiary,"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Buckmaster,
The rule of the House was dispensed with, and
Said bill was read the second time by its title.

And referred to the committee on the Penitentiary.

A message from the Council of Revision, by Mr. Sprigg; their Secretary.

"MR. SPEAKER, — The Council of Revision have approved bills of the following titles, to wit:
"An act to establish the county of Will."

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"An act to authorize William Seely to build a toll bridge across the Big Vermillion."
"An act to authorize John Boles and James L. Kirkpatrick, to build a toll bridge across Fever river."
"An act to incorporate McDonough College."
"An act to amend an act entitled an act regulating the times of holding the Supreme and Circuit Courts, and fixing the salary of the Circuit Judges."
"An act declaring the road in Edgar county, between A. Forster's and H. G. Smith's, a state road;" and
"An act to amend an act entitled an act to incorporate the Colleges therein named."

And he withdrew.

The bill from the Senate entitled,
"An act to incorporate the Burnt Prairie Manual Labor Seminary,"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Webb,
The rule of the House was dispensed with, and
Said bill was read the second time by its title.

Ordered, That said bill be read a third time.

On motion of Mr. Webb,
The rule of the House was again dispensed with, and
Said bill was read a third time by its title; and
On motion of Mr. Turney,
Referred to a select committee.

Ordered, That Messrs. Turney, Webb and Blackford, be that committee.

The bill from the Senate entitled,
"An act concerning the advertisement of land sold for taxes,"
Was read the first time; and
Ordered to a second reading.

On motion of Mr. Hackelton,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and On motion of Mr. Hackelton,
Said bill was referred to a select committee.

Ordered, That Messrs. Hackelton, Turney and Vandevanter be that committee.

The bill from the Senate entitled,
"An act to authorize the settlement of the Accounts of the

308

Board of Commissioners, for the improvement of the navigaigation of the Kaskaskia River;"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Whiteside,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title.

Ordered to a third reading.

The bill from the Senate, entitled,
"An, act to incorporate the Ausganaski Canal Company;"
Was read the first time; and
Ordered to a second reading.

On motion of Mr. Ross,
The rule of the House was dispensed with, and
Said bill was read the second time by its title; and
On motion of Mr. Stuart,
The bill was referred to a select committee.

Ordered, That Messrs. Stuart, Ross and Carpenter of Sangamon, be that committee.

The bill from the Senate entitled,
"An act to incorporate the Franklin Manual Labor College;"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Smith,
The rule of the House was dispensed, with, and
The bill was now read a third time by its title.

Ordered to a third reading.

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

2 o'clock P. M.

House met pursuant to adjournment.

The Resolution from the Senate instructing our Senators and requesting our Representatives in Congress to use their exertions to procure an appropriation by Congress for the establishment

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of a Hospital, at or near the mouth of the Ohio River,
Was read and concurred in.

Ordered, That the clerk inform the Senate thereof.

Mr. Murphy from the select committee to which was referred the bill for
"An act supplemental to the several acts regulating the Circuit Courts of this State;" and proposed amendments;
Reported the same back to the House without amendment.

On the question being put,
Will the House concur with a former select committee, in their proposed amendment to said bill?

It was decided in the affirmative.

Ordered to be engrossed for a third reading.

Mr. Cloud from the committee on Enrolled Bills, reporter
That they have laid before the Council of Revision, bills of the following titles, viz:
"An act to locate a State Road therein, named."
"An act concerning the redemption of land sold for taxes."
"An act to relocate and establish a state road from Paris in Edgar county, to Grandview,"
"An act to relocate a part of the State read leading from, Springfield to Lewiston."
"An act for the benefit of the inhabitants of fractional range eleven, in White county."
"An act concerning the Public Square in the Town of Jacksonville."
"An act to incorporate the Pekin and Tremont Rail Road Company."
"An act to incorporate the Wabash and Mississippi Turnpike Company."
"An act to locate a state road therein named."
"An act to establish a State Road from Equality to McLeansboro', and for other purposes."
"An act concerning the public revenue."
"An act to incorporate the Chicago Marine and Fire Insurance Company."
"An act to simplify proceedings in the action of Ejectment."
"An act to confirm the survey and plat of the Town of Clayton."
"An act to re-locate a part of the state road from Vincennes, to Chicago;" and

310

"An act to incorporate the Shawneetown Insurance company."

Mr. Cloud from the select committee to which was referred the amendment of the Senate to, and
The engrossed bill entitled,
"An act for the incorporation of the Mississippi, Springfield and Jacksonville Rail Road Company,"
Reported the same back to the House with an amendment to the amendment of the Senate to the 5th section of said bill;
Which was read and concurred in.

The amendment of the Senate as amended, was then concurred in.

Ordered, That the clerk inform the Senate thereof, and ask their concurrence in the amendment of the House to the amendment of the Senate to said bill.

On the question being put,
Will the House concur with the Senate in their amendment to the title of said bill?

It was decided in the affirmative.

Ordered, That the Clerk inform the Senate thereof.

Mr. Hackelton from the select committee to which was referred
The bill from the Senate entitled,
"An act concerning land sold for taxes."

Reported the same back to the House without amendment,
Ordered to a third reading.

On motion of Mr. Hackelton,
The rule of the House was dispensed with, and
Said bill was now read the 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.

The bill from the Senate entitled,
"An act to incorporate the Carmi Academy."

Was read the first time; and
Ordered to a second reading.

On motion of Mr. Blackford,
The rule of the House was dispensed with, and
Said bill was read the second time by its title.

Ordered to a third reading.

A message from the Senate by Mr. Thomas their Assistant Secretary.

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"Mr. SPEAKER:— I am directed to inform the House of Representatives that the Senate have concurred with them in the passage of bills of the following titles, viz:
"An act to locate a State Road from Frankfort via Vienna, to Wilcock's Ferry in Johnson County."
"An act to locate a state road from Commerce in Hancock county, to Peoria."
"An act to relocate a part of the state road in Coles county."
"An act to incorporate the Warsaw, Peoria, and Wabash Rail Road Company;"
"An act to lay out a certain road therein named, and to authorize William Kirkpatrick to build a toll bridge across Winnebago Swamp;"
"An act to locate a state road from Rushville in Schuyler county, to Commerce in Hancock county."
"An act to authorise William C. Murphy, guardian of the infant heirs of Robert B. Murphy deceased, to convey certain lands."
"An act concerning the town of Boonville in the county of Pike."
"An act to amend an act entitled, an act to authorise William Stradden to erect a Mill Dam across Fox River; approved Feb. 12, 1833."
They have also concurred with the House of Representatives, in the passage of the bills of the following titles, as respectively amended by them, viz:
"An act to locate a state road from Quincy to Macomb;"
"An act to change a part of the Vincennes and Chicago State Road;" and
"An act, to lay out a state road from the Wabash river to the National Road."

They have amended the title of the last bill above mentioned, by adding thereto the following words, viz:
"And for other purposes;"
In which said amendment they ask the concurrence of the House of Representatives."

The Senate have also concurred with the House of Representatives in the adoption of the resolution fixing the time of an adjourment of the two Houses of this General Assembly, sine die, amended by them.

They amend said resolution by striking out "Thursday the 14th inst.," and inserting in lieu thereof "Monday the18th

312

inst., at 9 o'clock A. M.;" and ask the concurrence of the House therein."

And he withdrew.

The bill from the Senate entitled,
"An act to incorporate the Illinois and Michigan Transportation Company:"
Was read the first time; and
Ordered to a second reading.

On motion of Mr. Vandevanter,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title.

On the further motion of Mr. Vandevanter,
Said bill was referred to a select committee of five.

Ordered, That Messrs. Vandevanter, Lincoln, Hunter, Thompson and Porter, be that committee.

The bill from the Senate entitled,
"An act to authorize Pelitiah Brewster to sell certain real estate;"
Was read the first time; and,
Ordered to a second reading.

On motion of Mr. Stuart,
The rule of the House was dispensed with, and said bill was now read the second time by its title; and
On the further motion of Mr. Stuart,
Said bill was referred to a select committee.

Ordered, That Messrs. Stuart, Dawson and Dubois be that committee.

The bill from the Senate, entitled,
"An act declaring a road therein named a state road;"
Was read the first time; and,
Ordered to a second reading.

On motion of Mr. Vandevanter,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
On the further motion of Mr. Vandevanter,
Said bill was referred to a select committee.

Ordered, That Messrs. Vandevanter, Hunter and Oliver, be that committee.

The amendments of the Senate to the bill from the House of Representatives, entitled,
"An act supplemental to an act to incorporate the subscribers to the Bank of the State of Illinois,"
Were read, and

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On motion of Mr. White side, Said bill and amendments were referred to the committee on Finance.

The amendments of the Senate to the bill from the House of Representatives entitled,
"An act to layout a state road from the Wabash river to the National Road;"
Were read and concurred in.

Ordered, That the Clerk inform the Senate thereof.

The amendments of the Senate to the bill from the House of Representatives entitled,
"An act to change a part of the Vincennes and Chicago state road;"
Were read and concurred in.

Ordered, That the Clerk inform the Senate thereof.

The amendments of the Senate to the resolution from the House of Representatives, relative to the adjournment sine die, of the two Houses;
Were read and concurred in.

Ordered, That the Clerk inform the Senate.

Mr. Outhouse from the select committee, to which was referred the bill from the Senate entitled,
"An act to incorporate the Carlyle Bridge Company;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered, That said bill be read a third time as amended.

On motion of Mr. Outhouse,
The rule of the House was dispensed with, and said bill Was read a third time by its title.

The bill then passed.

Ordered, That the title of the bill be as aforesaid, that the Clerk inform the Senate thereof, and ask their concurrence to said amendments.

Mr. Stuart proposed for adoption the following resolution, viz:
Resolved, That the hours of adjournment shall, after this day be nine o'clock in the morning; two o'clock in the evening, and seven o'clock at night.

On motion of Mr. Henry,
The resolution was amended by striking out the words "and seven o'clock at night."

The resolution as amended was then adopted.

The engrossed bill entitled,

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"An act to lay out certain state roads in Morgan county;"
Read a third time on yesterday, was passed.

Ordered, That the title of said bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

The bill from the Senate entitled,
"An act to amend the several acts in relation to the Penitentiary,"
Was read the third time; and,
On motion of Mr. Dunn,
Referred to the committee on the Judiciary.

The bills from the Senate entitled,
"An act to change a part of the state road leading from Springfield to Beardstown;"
"An act to relocate a state road therein named;"
"An act to incorporate the Quincy Insurance Company;"
"An act to authorize the administrators of James M. Wells to convey certain town lots;" and
"An act relative to the records of Clinton County,"
Were severally read the third time and passed.

Ordered, That the titles of the bills be as aforesaid, and; that the clerk inform the Senate thereof.

The engrossed bill entitled,
"An act supplemental to the several acts, regulating the Circuit Courts in this State;"
Was read a third time and passed.

Ordered, That the title of the bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence therein.

The bill from the Senate entitled,
"An act concerning the publication of the Laws and Journals."

Was read the third time.

On motion of Mr. Blackwell,
The third section of the bill was amended, by striking out the word "60," and inserting the word "75."

The bill then passed as amended.

Ordered, That the title of the bill be as aforesaid, that the clerk inform the Senate thereof, and ask their concurrence to the amendment of the House therein.

The engrossed bill entitled,
"An act to appoint commissioners out of the State."

Was read the third time, and passed.

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On motion of Mr. Dunn,
The title of the bill was amended, so as to read
"An act for the benefit of the legal representatives of Benjamin A. Clark, deceased."

Ordered, That the title of the bill be as amended, that the clerk carry the same to the Senate and ask their concurrence therein.

On motion of Mr. Dunn,
The rule of the House was dispensed with and
The bill from the Senate entitled,
"An act relating to the Gallatin Saline and the lands belonging to the same;"
Was read the third time by its title.

Mr. Manly moved to amend the 7th section of the bill, by inserting after the word "bottom," the following, viz:
"To the counties of Coles and Clark three hundred dollars each, to be expended under the directions of the County Commissioners's Courts of said counties, for purposes of internal improvements."

On motion of Mr. Smith,
The proposed amendment was amended by adding the following, viz:
"And there shall be paid to the county commissioners' court of the county of Wabash, the sum of five hundred dollars, to be expended under its direction; one half thereof in improving the navigation of the Bon Pas river; and the residue in improving the State Road and Mail route, leading from Mount Carmel to Albion."

The amendment as amended, was then agreed to.

On motion of Mr. Oliver,
"The 7th section of the bill was further amended, by striking out all after the word "of," in the 55th line, to the word "the" in the 58th line; and inserting in lieu thereof, the following viz:
"Five hundred dollars, to be appropriated under the order and direction of the county commissioners of Johnson county, within the limits of said county."

Mr. Hughes moved to amend the bill by striking out all after the 5th section, and inserting the following, viz:
Twenty thousand dollars to be expended on the road from the Wabash river opposite Vincennes, to the Mississippi river

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opposite the city of St. Louis, to be expended by Commissioners that may be appointed by the present session of the General Assembly."

Which was not agreed to. — Yeas 11. Nays 39.

The Yeas and Nays being called for on this motion:
Those voting in the affirmative, are,
Messrs. Blackford, Dubois, Frazer, Hughes, Hunter, Manly, Moore, Outhouse, Porter, Whiteside, and Mr. Speaker. — 11.

Those voting in the negative, are,
Messrs. Able, Blackwell, Blockburger, Bowyer, Brown, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Dawson, Dunn, Elliott, Fithian, Gregory, Hackelton, Hampton, Harreld, Harris, Henry, Hunt, Lincoln, Murphy, Nunnally, Oliver, Owen, Pace, Ross, Stuart, Smith, Thompson, Trower, Tunnell, Turney, Vandevanter, Webb, Wood, and Wyatt. — 39.

Mr. Murphy moved to amend the 7th section of the bill, by adding after the word "Wabash bottom," the following, viz:
"To the county of Perry, four hundred dollars to be appropriated under the direction of the County Commissioners of said county, and also, to the county of Greene, four hundred dollars; and to the county of Marion, the sum of four hundred dollars."

On motion of Mr. Blackwell,
The proposed amendment was amended by adding the following, viz:
"To the county of Effingham, one hundred and fifty dollars, to be expended under the direction of the county commissioners, in building bridges on the road in said county, leading from Maysville to Shelbyville."

The amendment as amended, was then adopted.

Mr. Webb moved to amend the bill, by striking out all parts making appropriations, viz: the 6th, 7th, 8th, 9th, and 11th sections, and inserting at the end of the 5th section, the following, viz:
"The proceeds of such sales, shall be placed in the State Treasury, and be added to the School Fund,"
Which was not agreed to. — Yeas 18. — Nays 32.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blackford; Blockburger, Brown, Buckmaster, Carpenter

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of Sangamon, Dubois, Harris, Hughes, Hunter, Manly Moore, Outhouse, Porter, Trower, Tunnell, Webb, Whiteside and Mr. Speaker. — 18.

Those voting in the negative, are,
Messrs. Able, Blackwell, Bowyer, Butler, Carpenter of Hamilton, Cloud, Craig, Dawson, Dunn, Elliott, Fithian, Frazer, Gregory, Hackelton, Hampton, Harreld, Henry, Hunt, Lincoln, Murphy, Nunnally, Oliver, Owen, Pace, Ross, Stuart, Smith, Thompson, Turney, Vandevanter, Wood, and Wyatt. — 32.

Mr. Smith moved to amend the 6th section, by adding the following, viz:
"One hundred and fifty dollars thereof to be expended, in the improvement of the navigation of the Bon Pas creek."

Mr. Dunn moved the previous question.

The question was then taken upon the amendment as proposed by Mr. Smith;
And not agreed to.

The question was then put,
Shall the main question be now put?
And decided in the affirmative. — Yeas 32. — Nays 18.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blackwell, Bowyer, Brown, Butler, Carpenter of Hamilton, Cloud, Craig, Dawson, Dunn, Elliott, Fithian, Frazer, Gregory, Hackelton, Hampton, Harreld, Hunt, Lincoln, Murphy, Nunnally, Owen, Pace, Ross, Stuart, Smith, Turney, Vandevanter, Webb, Wood, and Wyatt — 32.

Those voting in the negative, are,
Messrs. Blockburger, Buckmaster, Carpenter of Sangamon, Dubois, Harris, Henry, Hughes, Hunter, Manly, Moore, Oliver, Outhouse, Porter, Thompson, Trower, Tunnell, Whiteside, and Mr. Speaker. — 18.

The question was then put,
Shall said bill now pass as amended?

And decided in the affirmative. — Yeas 32. — Nays 18.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackwell, Bowyer, Brown, Butler, Cloud, Craig, Dawson, Dunn, Elliott, Fithian, Frazer, Gregory, Hackelton, Hampton, Harreld, Henry, Hunt, Lincoln, Murphy,

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Nunnally, Oliver, Owen, Pace, Ross, Stuart, Smith, Thompson Turney, Vandevanter, Wood, and Wyatt. — 32.

Those voting in the negative, are,
Messrs. Blackford, Blockburger, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Dubois, Harris, Hughes Hunter, Manly, Moore, Outhouse, Porter, Trower, Tunnell, Webb, Whiteside, and Mr. Speaker. — 18.

Ordered, That the title of the bill be as aforesaid, that the Clerk inform the Senate thereof and ask their concurrence in the amendments of the House of Representatives thereto.

And then the House adjourned.

Thursday, January 14, 1836.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled bills, reported as correctly enrolled, bills of the following titles, to wit:
"An act to amend an act entitled an act to authorise William Stradden to build a mill dam across Fox river, approved Feb. 12, 1833."
"An act to incorporate the Warsaw, Peoria and Wabash Rail Road Company."
"An act to lay out a certain road therein named, and to authorise William Kirkpatrick to build a toll-bridge across the Winnebago Swamp."
"An act authorizing Samuel Witter to build a toll-bridge."
"An act to authorize certain persons therein named to convey certain lands."
"An act to incorporate the Alton, Jacksonville and Galena Turnpike Road Company;"
"An act to apportion the representation of the several counties of this State;"
"An act to authorize the county commissioners' court of Sangamon county, to build a bridge over the Sangamon river;" and
"An act to amend an act entitled an act to change the corporate powers of the town of Chicago."

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"An act to lay out a state road from the Wabash river to the National Road," and
"An act to change a part of the Vincennes and Chicago state road."

And have laid the same before the Council of Revision.

Mr. Dunn, from the committee, on the Judiciary, to which was referred the bill from the Senate entitled,
"An act declaring the law in relation to the road tax,"
Reported the same back to the House without amendment, and recommended its passage.

Ordered, That said bill be read a third time.

On motion of Mr. Hackelton,
The rule of the House was dispensed with, and said bill was now read the third time by its title.

On motion of Mr. Vandevanter,
Said bill was referred to a select committee.

Ordered, That Messrs. Vandevanter, Moore and Ross, be that committee.

Mr. Dunn from the committee on the Judiciary, to which was referred the engrossed bill entitled,
"An act to amend an act, entitled an act, to provide for the establishment of Ferries, toll-bridges and turnpike roads, approved Feb. 12th, 1827;"
Reported back to the House a substitute;
Which was read and concurred in.

Mr. Dunn from the committee on the Judiciary, to which was referred
The bill from the Senate, entitled,
"An act for the relief of Eli Hooper and Pleasant Dodson of Shelby comity;"
Reported the same back to the House with an amendment, and recommended its passage.

On the question,
Shall said bill be read a third time?

It was decided in the affirmative. — Yeas 31. — Nays 17.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blackwell, Brown, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dawson, Dunn, Elliott, Fithian, Gordon, Hackelton, Hampton, Harreld, Henry, Hughes, Hunter, Nunnally, Outhouse, Pace, Ross, Stuart, Smith, Trower, Tunnell, Turney, Webb and Wyatt. — 31.

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Those voting in the negative, are,
Messrs. Blockburger, Bowyer, Craig, Dubois, Frazer, Gregory, Harris, Hunt, Lincoln, Manly, Oliver, Owen, Porter, Whiteside, Wood, Wren and Mr. Speaker. — 17.

A Message from the Council of Revision, by Mr.Sprigg, their Secretary.

"MR. SPEAKER, — The Council of Revision have approved bills of the following titles, viz:
"An act to incorporate the Wabash and Mississippi Turnpike Company."
"An act to incorporate the Shawneetown Insurance Company."
"An act to incorporate the Chicago Marine and Fire Insurance Company."
"An act to incorporate the Pekin and Tremont Rail Road Company,"
"An act for the benefit of the inhabitants of fractional range 11 in White county;"
"An act to establish a state road from Equality to McLeansboro', and for other purposes,"
"An act to re-locate and establish a state road from Paris in Edgar county, to Grandview ;"
"An act to confirm the survey and plat of the town of Clayton,"
"An act concerning the redemption of land sold for taxes."
"An act to re-locate a part of the State Road from Vincennes to Chicago;"
"An act to locate a state road therein named."
"An act to re-locate a part of the state road leading from Springfield to Lewiston;"
"An act to simplify proceedings in the action of Ejectment;"
And,
"An act to locate a state road therein named,"

And he withdrew.

Mr. Dunn from the committee on the Judiciary, to which was referred
The engrossed bill entitled,
"An act to relocate the Penitentiary;"
Reported the same back to the House with an amendent,
Which was read and concurred in, and,

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On motion of Mr. Stuart,
Laid upon the table.

Mr. Whiteside from the committee on Finance, to which was referred the bill from the House entitled,
"An act supplemental to an act to incorporate the subscribers to the Bank of the State of Illinois," together with the amendments of the Senate to said bill, Reported the same back to the House without amendment, and recommended a concurrence in the amendments of the Senate to said bill.

Mr. Carpenter of Hamilton moved to amend the amendment of the Senate, by striking out the word "50," and inserting the word "30."

Which was not agreed to. — Yeas 20. Nays 29.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blockburger, Bowyer, Carpenter of Hamilton, Cloud, Craig, Dunn, Gordon, Hampton, Hunter, Manly, Nunnally, Oliver, Porter, Trower, Turney, Tunnell,Vandevanter, Wood,Wyatt and Mr. Speaker. — 20.

Those voting in the negative, are,
Messrs. Able, Blackford, Blackwell, Brown, Buckmaster, Butler, Carpenter of Sangamon, Dawson, Dubois, Elliott, Fithian, Frazer, Gregory, Hackelton, Harreld, Harris, Henry, Hughes, Hunt, Lincoln, Moore, Murphy, Outhouse, Owen, Pace, Smith, Webb, Whiteside, and Wren. — 29.

Mr. Stuart moved to lay said bill upon the table;
Which was not agreed to. — Yeas 14. — Nays 32.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Bowyer, Cloud, Dunn, Hampton, Harris, Hunter, Lincoln, Manly, Nunnally, Oliver, Porter, Stuart, Vandevanter and Mr. Speaker. — 14.

Those voting in the negative, are,
Messrs. Able, Blackford, Blackwell, Brown, Buckmaster, Butler, Carpenter of Sangamon, Craig, Dawson, Dubois, Elliott, Frazer, Gordon, Gregory, Hackelton, Harreld, Henry, Hughes, Hunt, Moore, Murphy, Outhouse, Owen, Pace, Smith, Trower, Tunnell, Turney, Webb, Whiteside, Wren and Wyatt — 32.

On the question,
Will the House concur with the Senate in their amendments to said bill?

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It was decided in the affirmative. — Yeas 28. — Nays 19.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blackwell, Bowyer, Brown, Buckmaster, Butler, Carpenter of Sangamon, Craig, Dawson, Frazer, Gordon, Gregory, Hackelton, Harreld, Hughes, Hunt, Lincoln, Moore, Murphy, Owen, Pace, Stuart, Smith, Vandevanter, Webb, Whiteside and Wyatt. — 28.

Those voting in the negative, are,
Messrs. Carpenter of Hamilton, Cloud, Dubois, Dunn, Elliott, Hampton, Harris, Henry, Hunter, Manly, Nunnally, Oliver, Outhouse, Porter, Trower, Tunnell, Turney, Wren and Mr. Speaker. — 19.

Ordered, That the clerk inform the Senate thereof.

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

"Mr. SPEAKER, — I am directed to inform the House of Representatives, that the Senate have passed bills of the following titles, viz:
"An act to incorporate the Des Plaines Turnpike Company."
"An act to incorporate the Ausganaski Turnpike Company," and,
"An act to incorporate the Alton and Shawneetown Rail Road Company."

In the passage of which several bills they ask the concurrence of the House of Representatives."

And he withdrew.

Mr. Whiteside from the committee on Finance, to which was referred
The bill from the Senate, entitled,
"An act for the relief of James W. Reed of Cook county;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to a third reading as amended.

Mr. Buckmaster from the committee on the Penitentiary, to which was referred
The bill from the Senate entitled,
"An act to regulate the salary of the Warden of the Penitentiary,"
Reported the same back to the House without amendment;
Ordered to a third reading.

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Mr. Whiteside from the committee on Finance to which was referred the bill entitled,
"An act supplemental to an act making appropriations for the years 1835, and 1836, approved Feb. 13, 1835;"
Reported the same back to the House with sundry amendments; and
On motion of Mr. Whiteside,
Said bill and proposed amendments were referred to a comittee of the Whole House and made the order of the day for to day.

Mr. Vandevanter from the select committee to which was referred
The bill from the Senate entitled,
"An act declaring a road therein named a state road,"
Reported back to the House a substitute;
Which was read and concurred in.

Ordered, That said bill be read a third time as amended.

Mr. Webb from the select committee to which was referred
The bill from the Senate entitled,
"An act to incorporate the Burnt Prairie Manual Labor Seminary."

Reported the same back to the House without amendment.

The bill then passed.

Ordered, That the title of the bill be as aforesaid, and that the clerk inform the Senate thereof.

Mr. Stuart from the select committee, to which was referred the bill from the Senate entitled,
"An act to authorize Pelitiah Brewster to sell certain real estate;"
Reported the same back to the House without amendment;
Ordered to a third reading.

Mr. Stuart from the select committee to which was referred
The bill from the Senate entitled,
"An act to incorporate the Ausaganaski Canal Company."

Reported the same back to the House with an amendment;
Which was read and concurred in.

Mr. Smith moved to lay said bill upon the table.

Mr. Henry moved to lay said bill upon the table until the 4th day of July next.

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The question was then taken upon laying said bill upon the table; And agreed to.

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

Two o'clock, P. M.

House met pursuant to adjournment.

The amendment of the Senate to the bill from the House of Representatives entitled,
"An act to locate a state road from Quincy to Macomb,"
Was read and concurred in.

Ordered, That the Clerk inform the Senate thereof.

Mr. Smith moved to take up the bill from the Senate, this day laid on the table entitled,
"An act to incorporate the Ausaganaski Canal Company;"
Which was not agreed to.

The bill from the Senate entitled,
"An act to amend an act entitled an act to incorporate the Jacksonville and Meredosia Rail Road Company,"
Was read a third time.

On motion of Mr. Cloud,
Said bill was referred to a select committee.

Ordered, That Messrs. Cloud, Gordon, and Henry, be that committee.

The bills from the Senate entitled,
"An act to locate a state road from Rushville to Warsaw;"
"An act for the benefit of the officers therein named;"
Were severally read the third time and passed.

Ordered, That the titles of the bills be as aforesaid, and that the Clerk inform the Senate thereof.

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

"MR. SPEAKER, — The Senate have passed a bill entitled,
"An act to amend an act entitled an act to amend an act

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concerning the Trustees of Shawneetown, and for other purposes;"

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 from the House of Representatives, entitled,
"An act simplifying the mode of acknowledgement of Sheriff Deeds."

As amended by them, And ask the concurrence of the House of Representatives in the amendments to said bill.

They have concurred with the House of Representatives, In their amendments to the bills entitled,
"An act for the relief of the persons therein named;" and
"An act to amend an act entitled an act to provide for the distribution and application of the interest on the School, College and Seminary Funds."

They have also concurred with the House of Representatives, in the passage of the bill from the House of Representatives, entitled,
"A bill to incorporate the Alton, Wabash, and Erie RailRoad Company;"

And then he withdrew.

The bill from the Senate entitled,
"An act to incorporate the Illinois Central Rail Road Company."

Was read a third time.

Mr. Dawson moved to amend the second section by adding the following at the end thereof, viz:
"And whenever it is certified to the Governor under the seal of the Board of said Company, that there is actually the sum of two millions of dollars subscribed, and one fourth of the same actually paid in, and deposited in some Bank of this State; and on presenting a certified copy of the certificate of deposite to the Governor, he is then, and is hereby authorized and required to issue the scrip as contemplated in this act, and lot otherwise. Said Directors are hereby authorized to commence the work contemplated in this act, at either end there-of, as they may think most conducive to the interest and prosperity of said work."

Which was not agreed to. — 21. — Nays 29.

The Yeas and Nays being called for:

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Those voting in the affirmative, are,
Messrs. Blackford, Block burger, Brown, Butler, Cloud, Dawson, Hackelton, Harris, Henry, Hughes, Hunt, Lincoln, Moore, Nunnally, Owen, Porter, Tunnell, Vandevanter, Whiteside, Wyatt and Mr. Speaker. — 21.

Those voting in the negative, are,
Messrs. Able, Blackwell, Bowyer, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Dubois, Dunn, Elliott Fithian, Frazer, Gregory, Hampton, Harreld, Hunter, Manly Murphy, Oliver, Outhouse, Pace, Ross, Stuart, Smith, Thompson, Trower, Turney, Wood and Wren. — 29.

Mr. Blackwell moved the previous question;
Which was agreed to.

On the question,
Shall said bill pass?

It was decided in the negative; — Yeas 21. — Nays 30.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackwell, Bowyer, Buckmaster, Carpenter of Hamilton, Dunn, Frazer, Hampton, Harreld, Hunter, Lincoln, Manly, Murphy, Oliver, Outhouse, Pace, Stuart, Thompson, Trower, Wood and Wren. — 21.

Those voting in the negative, are,
Messrs. Blackford, Blockburger, Brown, Butler, Carpenter of Sangamon, Cloud, Craig, Dawson, Dubois,Elliott, Fithian, Gregory, Hackelton, Harris, Henry, Hughes, Hunt, Moore, Nunnally, Owen, Porter, Ross, Smith, Tunnell, Turney, Vandevanter, Webb, Whiteside, Wyatt and Mr. Speaker. — 30.

Ordered, That the Clerk inform the Senate thereof.

On motion of Mr. Whiteside,
The rule of the House was dispensed with, and
The bill from the Senate, entitled,
"An act to incorporate the Wabash and Mississippi Union Rail Road Company,"
Was read a third time by its title.

On the question,
Shall said bill pass?

It was decided in the affirmative. — Yeas 31. Nays 12.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Brown, Butler, Carpenter of Sangamon, Cloud, Dawson, Elliott, Fithian, Frazer, Gregory, Hackelton, Hampton, Harreld, Harris, Henry, Hughes, Hunt,

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Moore, Murphy, Owen, Pace, Ross, Stuart, Smith, Trower, Turney, Vandevanter, Webb, Whiteside and Wyatt. — 31.

Those voting in the negative, are,
Messrs. Bowyer, Carpenter of Hamilton, Craig, Dunn, Hunter, Oliver, Outhouse, Porter, Tunnell, Wood Wren and Mr. Speaker. — 12.

Ordered, That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof.

The bills from the Senate entitled,
"An act to incorporate the stockholders of the Randolph Manufacturing Company."

"An act authorizing the sale of the real estate of D. L. W Jones deceased, and for other purposes;"
And,
"An act for the benefit of Mary Myott, infant daughter of Catharine Myott;"
Were severally read a third time and passed.

Ordered, That the titles of the bills be severally as aforesaid, and that the Clerk inform the Senate thereof.

The bill from the Senate, entitled,
"An act concerning deeds executed without this State."

Was read a third time; and
On motion of Mr. Stuart,
Said bill was laid upon the table.

A message from the Senate by Mr. Thomas their Assistant Secretary.

"Mr. SPEAKER:— I am directed to inform the House of Representatives that the Senate have passed bills of the following titles, viz:
"An act concerning the transcribing certain records," and
"An act to incorporate the Rushville Rail Road Company."

In the passage of which several bills, 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, viz:
"An act to incorporate the Franklin Institute."
"An act to incorporate the Mount Carmel and Alton Rail Road Company."
"An act to change the name of Salu;"

They have refused to concur with the House of Representatives in the passage of the bill from the House of Representatives entitled,

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"An act for the benefit of David McKee."

And he withdrew.

On motion of Mr. Vandevanter,
The orders of the day were postponed.

The bill from the Senate, entitled,
"An act to incorporate the Rushville Rail Road Company;"
Was read the first time; and,
Ordered to a second reading.

On motion of Mr. Vandevanter,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
Ordered to a third reading.

On motion of Mr. Moore,
The rule of the House was dispensed with, and
Said bill was now read the third time by its title.

The bill then passed.

Ordered, That the title of the bill be as aforesaid, and that the clerk inform the Senate thereof.

On motion of Mr. Hackelton,
The vote just taken upon the passage of the bill from the Senate entitled,
"An act to incorporate the Illinois Central Rail Road Company;"
Was reconsidered.

On motion of Mr. Hackelton,
Said bill was referred to a select committee of five.

Ordered, That Messrs. Hackelton; Murphy, Pace, Bowyer and Able, be that committee.

Mr. Cloud from the select committee to which was referred
The bill from the Senate entitled,
An act to amend an act to incorporate the Jacksonville and Meredosia Rail Road Company."

Reported the same back to the House with an amendment,
Which was read and concurred in.

The bill then passed.

Ordered, That the title of the bill be as aforesaid, that the Clerk inform the Senate thereof, and ask their concurrence to the amendments of the House thereto.

Mr. Dunn from the select committee to which was referred the bill from the Senate entitled,
"An act, concerning appeals from judgments of Justices of the Peace."

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Reported the same back to the house with sundry amendments;
On motion of Mr. Webb,
Said report was amended by adding at the end thereof "after an appearance entered."

Mr. Gordon called for a division of the question on the amendments,
Which was not agreed to.

The report of the select committee as amended, was then concurred in.

Mr. Dubois moved to lay said bill and proposed amendments on the table until the 4th day of July next;
Which was not agreed to.

The bill was then
Ordered to a third reading as amended.

On motion of Mr. Webb,
The orders of the day were then taken up.

On motion of Mr. Gordon,
The engrossed bill entitled,
"An act to amend an act entitled an act for the organization and government of the militia of this State, in force July 2, 1833;"
Was read a third time by its title.

On motion of Mr. Gordon,
Said bill was referred to a select committee of five.

Ordered, That Messrs. Gordon, Gregory, Hughes, Harris, and Outhouse, be that committee.

The bills from the Senate entitled,
"An act supplemental to an act entitled an act concerning public records, approved February 9, 1835;" and
"An act to authorize the Commissioners of the Illinois and Michigan Canal, to sell stone off the Canal lands."

Were severally read the third time and passed as amended.

Ordered, That the title of the bill be as aforesaid, that the Clerk inform the Senate thereof, and ask their concurrence to the amendments of the House thereto.

The bills from the Senate entitled,
"An act concerning the payment of the revenue and for other purposes;"
"An act to authorize the settlement of the Accounts of the Board of Commissioners, for the improvement of the navigation of the Kaskaskia River;"

330

"An act to incorporate the Franklin Manual Labor College;" and,
"An act to incorporate the Carmi Academy."

Were severally read a third time and passed.

Ordered, That the titles of the bills be as aforesaid, and that the Clerk inform the Senate thereof.

On motion of Mr. Dubois,
The bill from the Senate, entitled,
"An act to incorporate the Chicago Hydraulic Company,"
Was read the third time by its title; and,
On motion of Mr. Stuart,
Referred to a select committee.

Ordered, That Messrs. Stuart, Carpenter of Sangamon, and Craig, be that committee.

The bill from the Senate entitled,
"An act supplemental to the several acts relating to the Circuit Courts in this State;"
Was read the third time.

On motion of Mr. Gregory,
Said bill was referred to a select committee.

Ordered, That Messrs. Gregory, Buckmaster and Block-burger, be that committee.

Mr. Hackelton moved that the House adjourn;
Which was not agreed to.

The House now resolved itself into a committee of the Whole House on the bill entitled,
"An act supplemental to an act making appropriations for the years 1835 and 1836, approved Feb. 13, 1835;"
Mr. Stuart in the Chair;
And after some time spent therein,
Mr. Speaker resumed the Chair, and
Mr. Stuart reported, That the committee of the Whole House have, according to order, had said bill under consideration and made some progress therein, and had directed him to ask leave to sit again.

On the question,
Shall leave be given?

It was decided in the affirmative.

Mr. Webb moved that the House adjourn until half past six o'clock this evening;
Which was not agreed to.

The House then adjourned.

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Friday, January 15, 1836.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled Bills, reported as correctly enrolled, bills of the following titles, viz:
"An act to locate a State Road from Frankfort via Vienna, to Wilcock's Ferry in Johnson County."
"An act to locate a state road from Rushville in Schuyler county, to Commerce in Hancock county."
"An act concerning the town of Boonville in the county of Pike."
"An act to incorporate the Danville Academy;" and
"An act to incorporate the Wabash and Mississippi Rail Road Company."
"An act to authorise William C. Murphy, guardian of the infant heirs of Robert B. Murphy deceased, to convey certain lands."
"An act to locate a state road from Commerce in Hancock county, to Peoria."
"An act to locate a road from Quincy in Adams county, to Pittsfield in Pike county."
"An act to amend an act entitled an act to provide for the distribution and application of the interest on the School, College and Seminary Founds;"
"An act to establish a State Road from Maysville to Shelbyville."
"An act for the relief of the persons therein named."
"An act to lay out a state road therein named."
"An act to authorise the administrator of James M. Wells to convey certain real estate."
"An act concerning the advertisement of land sold for taxes;"
"An act to incorporate the Burnt Prairie Manual Labor Seminary;"
"An act to relocate a state road therein named;"
"An act to incorporate the Quincy Insurance Company;"
"An act to change a part of the state road leading from Springfield to Beardstown;"
"An act relative to the records of Clinton County;"
And afterwards Mr. Cloud from the same committee reported, They had this day laid before the Council of Revision, the bills aforesaid.

332

Mr. Cloud from the same committee, reported as correctly enrolled,

A resolution relative to bringing suit against the Public Printer.

Also,
A resolution on the subject of a Hospital at the mouth of the Ohio River; and afterwards
Mr. Cloud from the same committee, reported that the Resolutions above named were severally handed over to the Governor.

Mr. Vandevanter from the select committee to which was referred
The bill from the Senate entitled,
"An act to incorporate the Illinois and Michigan Transportation Company:"

Reported the same back to the House without amendment;
Ordered to a third reading.

The bill from the Senate entitled,
"An act concerning the transcribing certain records,"
Was read the first time, and
Ordered to a second reading.

Mr. Manly from the select committee to which was referred The engrossed bill entitled,
"An act to incorporate the Central Branch Wabash Rail Road Company,"
Reported the same back to the House with sundry amendments;
Which were read and concurred in.

The bill then passed.

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

Mr. Buckmaster from the select committee, to which was referred the bill from the Senate entitled,
"An act to regulate elections in incorporated towns;"
Reported the same back to the House with an amendment,
Which was read and concurred in.

Ordered, That said bill be read a third time as amended.

Mr. Buckmaster from the select committee to which was referred the bill entitled,
"An act to locate the state road therein named."

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Reported the same back to the House with sundry amendments;
Which were read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Dunn, from the committee, on the Judiciary, to which was referred the bill from the Senate entitled,
"An act to amend the several acts in relation to the Penitentiary;"
Reported the same back to the House without amendment.

Ordered, That said bill be read a third time.

Mr. Dunn from the select committee to which was referred The engrossed bill entitled,
"An act to amend an act entitled an act to provide for the application of the interest of the fund arising from the sale of the school lands belonging to the several townships in this state, approved Feb. 7, 1835;"
Together with the report of a select committee and the amendments of a select committee to said report;
Reported the same back to the House without amendment;
The amendments of the select committee to the report were not concurred in.

The report of the select committee was then concurred in.

On the question,
Shall said bill now pass?

It was decided in the negative. — Yeas 14. — Nays 31.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Gordon, Harris, Hunter, rose, Tunnell, Turney, Vandevanter, Whiteside, Wood, Wyatt and Mr. Speaker. — 14.

Those voting in the negative, are,
Messrs. Able, Blackford, Blackwell, Blockburger, Bowyer, Brown, Buckmaster, Butler, Dawson, Dubois, Dunn, Elliott, Fithian, Frazer, Gregory, Hackelton, Hampton, Harreld, Henry, Hughes, Hunt, Lincoln, Moore, Oliver, Outhouse, Pace, Porter, Stuart, Smith, Webb, and Wren. — 31.

A message from the Senate by Mr. Thomas their Assistant Secretary.

"MR. SPEAKER, — The Senate have concurred with the House of Representatives in the passage of bills from the House of representatives of the following titles, viz:
"An act to locate and establish a state road from the Wabash

334

river in Crawford county, to Shelbyville in Shelby county."
"An act for the protection of stock against Castor Beans."
"An act declaring a road therein named, to be a state road."
"An act for the relief of Samuel Copeland."
"An act to improve a certain road in Edgar county;"
And,
"An act to locate a state road from Liberty to Tremont."

They have also concurred with the House of Representatives, in their amendments to the bills of the Senate, of the following titles, viz:
"An act to establish a state road from Maysville to Shelbyville."
"An act to establish certain counties."
And
"An act to locate a road from Quincy in Adams county, to Pittsfield in Pike county."

They have concurred with the House of Representatives in the passage of the bill from the House of Representatives, entitled,
"An act to distribute the Revised Laws of 1833."

As amended by them, and ask the concurrence of the House of Representatives in their said amendments."

And then he withdrew.

A message from the Council of Revision, by Mr. Sprigg, their Secretary.

"MR. SPEAKER, — The Council of Revision have approved bills of the following titles, to wit:
"An act to incorporate the Warsaw, Peoria, and Wabash Rail Road Company;"
"An act to incorporate the Alton, Jacksonville and Galena Turnpike Road Company;"
"An act to apportion the representation of the several counties of this State;"
"An act to authorize and require the county commissioners' court of Sangamon county, to build a bridge over the Sangamon river;"
"An act to amend an act entitled an act to authorise William Stradden to build a mill dam across Fox river, approved Feb. 12, 1833."
"An act to change a part of the Vincennes and Chicago State Road;"

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"An act to lay out a state road from the Wabash river to the National Road;"
"An act to authorize Samuel Witter to build a toll-bridge."
And,
"An act to lay out a certain road therein named, and to authorise William Kirkpatrick to build a toll-bridge across the "Winnebago Swamp."

And he withdrew.

The engrossed bill entitled,
"An act to amend an act, entitled an act, to provide for the establishment of Ferries, toll-bridges and turnpike roads, approved Feb. 12th, 1827;"
Was read the third time and passed.

On motion of Mr. Moore,
The title of the bill was amended, so as to read
"An act to amend an act to incorporate the St. Clair Turnpike Road Company, approved Feb. 15, 1833."

Ordered, That the title of the bill be as amended, that the clerk carry the same to the Senate and ask their concurrence therein.

The bills from the Senate entitled,
"An act for the relief of Eli Hooper and Pleasant Dodson of Shelby county;"
"An act for the relief of James W. Reed of Cook county."
"An act to regulate the salary of the Warden of the Penitentiary;"
Were severally read the third time and passed.

Ordered, That the titles of the bills be as aforesaid, and that the clerk inform the Senate thereof.

The bill from the Senate, entitled,
"An act declaring a road therein named a state road;"
Was read a third time and passed as amended.

Ordered, That the title of the bill be as aforesaid, that the Clerk inform the Senate thereof, and ask their concurrence in the amendments of the House to said bill.

The bill from the Senate entitled,
"An act to authorize Pelitiah Brewster to sell certain real estate;"
Was read the third time.

On the question,
Shall said bill pass?

It was decided in the negative.

Ordered, That the Clerk inform the Senate.

The bill from the Senate entitled,

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"An act concerning appeals from judgments of Justices of the Peace;" Was read the third time.

On the question,
Shall said bill pass as amended?

It was decided in the affirmative. — Yeas 23. — Nays 19.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blackford, Brown, Carpenter of Sangamon, Cloud, Dawson, Frazer, Gordon, Gregory, Harreld, Harris, Henry, Hughes, Hunter, Lincoln, Outhouse, Pace, Porter, Ross, Stuart, Vandevanter, Wcbb, Wood, and Wyatt. — 23.

Those voting in the negative, are,
Messrs. Able, Buckmaster, Butler, Carpenter of Hamilton, Craig, Dubois, Elliott, Fithian, Hampton, Hunt, Moore, Murphy, Oliver, Smith, Trower, Turney, Whiteside, Wren and Mr. Speaker. — 19.

Ordered, That the title of the bill be as aforesaid, that the clerk inform the Senate thereof, and ask their concurrence to the amendments of the House to said bill.

On motion of Mr. Webb,
The committee of the Whole House was discharged from the further consideration of
The bill from the Senate entitled,
"An act to improve the Breed of Cattle;"
On motion of Mr. Webb,
The said bill was laid upon the table.

The House now resolved itself into a committee of the Whole House on the bill entitled,
"An act supplemental to an act making appropriations for the years 1835 and 1836, approved Feb. 13th, 1835."

Mr. Carpenter of Sangamon, in the Chair;
And after some time spent therein;
Mr. Speaker resumed the Chair; and
Mr. Carpenter of Sangamon, reported, That the committee of the Whole House have, according to order, had said bill under consideration, made some progress therein, and had directed him to ask leave to sit again this evening at 2 o'clock.

On the question,
Shall leave be given?

It was decided in the affirmative.

And then the House adjourned until 2 o'clock P. M.

337

2 o'clock P. M.

House met pursuant to adjournment.

The House again resolved itself into a committee of the Whole House on the bill entitled,
"An act supplemental to an act making appropriations for the years 1835 and 1836, approved Feb. 13, 1835."

Mr. Webb in the Chair;
After some time spent therein,
Mr. Speaker resumed the Chair, and
Mr. Webb reported, That the committee of the Whole House have, according to order, had said bill under consideration, have made sundry amendments to the same, in which amendments they asked the concurrence of the House.

On the question,
Will the House concur with the committee of the Whole House in their amendments to said bill?

It was decided in the affirmative.

On the question,
Will the House concur with the committee on Finance in their amendments to said bill?

It was decided in the affirmative.

Ordered to be engrossed for a third reading.

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

MR. SPEAKER, — The Senate have indefinitely postponed the consideration of the bill from the House of Representatives, entitled,
"An act concerning the county of Schuyler."

They have concurred with the House of Representatives in their amendments to the bill from the Senate entitled,
"An act relating to the Gallatin Saline and the lands belonging to the same;"
And they have passed a bill entitled,
"An act to authorise John Bates Jr, and others, to erect a Rail Road from Chicago to the west bank of the Des Plaines river;"
And ask the concurrence of the House of Representatives therein."

And he withdrew.

The bill from the Senate entitled,

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"An act for the relief of Timothy Guard and others."

Was read the second time; and,
On the question,
Shall said bill he read a third time?

It was decided in the affirmative. — Yeas 26.; — Nays 20.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Bowyer, Brown, Craig, Dawson, Dubois, Dunn, Fithian, Gregory, Hackelton, Hampton, Harreld, Henry, Hunt, Hunter, Lincoln, Murphy, Oliver, Owen, Stuart, Smith, Trower, Turney, Webb, Wood, and Wyatt. — 26.

Those voting in the negative, are,
Messrs. Blackford, Blackwell, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Elliott, Frazer, Gordon, Harris, Hughes, Moore, Outhouse, Pace, Porter, Ross, Tunnell, Vandevanter, Whiteside, and Mr. Speaker. — 20.

On motion of Mr. Henry,
The rule of the House was dispensed with and said bill Was read the third time by its title.

On the question,
Shall said bill pass?

It was decided in the affirmative. — Yeas 24. — Nays 20.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Bowyer, Brown, Craig, Dawson, Dubois, Dunn, Gregory, Hackelton, Hampton, Harreld, Henry, Hunt, Hunter, Lincoln, Oliver, Owen, Stuart, Smith, Trower, Turney,Webb, Wood, and Wyatt. — 24.

Those voting in the negative, are,
Messrs. Blackford, Blackwell, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Elliott, Fithian, Gordon, Harris, Hughes, Moore, Outhouse, Pace, Ross, Tunnell, Vandevanter, Whiteside, and Mr. Speaker. — 20.

Ordered, That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof.

Mr. Hackelton from the select committee to which was referred
The bill from the Senate entitled,
"An act to incorporate the Illinois Central Rail Road Company;"
Reported the same back to the House with sundry amendments; which was read

339

On motion of Mr. Smith,
The report of the select committee was amended, by adding the following additional section, viz:
SECTION This act of incorporation shall continue in force for the term of sixty years, from and after the passage thereof; shall be deemed and taken to be a public act, and shall be in force from and after its passage.

On motion of Mr. Carpenter of Hamilton,
The report was further amended, by striking out the word "shall" in the 11th section, and inserting the word "may" wherever it occurs.

Mr. Outhouse moved to amend said report, by striking out the words "through Lebanon" in the 11th section;"
Which was not agreed to.

On motion of Mr. Smith,
The said report was further amended by striking out the word "6" before the word "rods," and insert "eight" in the 1st section.

Mr. Dunn moved to amend the 1st section, by inserting the names of "Daniel Field, George Hannah," before the words "and Porter Clay."

On motion of Mr. Oliver,
The said amendments was amended by inserting the words, "Samuel J. Chapman, John Dunn."

On the question,
Shall said report be so amended?

It was decided in the affirmative.

On motion of Mr. Outhouse,
The said report was further amended, by inserting in the 1st section, before the words "And Porter Clay," the words "William W. Romain, Lyman Adams, James Mitchell, William Welch, Nathan Horner, Thomas B. Afflck."

The report of the select committee as amended, was then concurred in.

On the question,
Shall said bill pass?

It was decided in the affirmative. — Yeas 40. — Nays 3.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blackwell, Blockburger, Bowyer, Brown, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Dawson, Dunn, Elliott, Fithian, Frazer, Gordon, Gregory, Hackelton, Hampton, Harreld, Harris,

340

Henry, Hughes, Hunt, Hunter, Lincoln, Manly, Moore, Outhouse, Owen, Pace,Ross, Smith, Trower, Vandevanter, Webb, Whiteside,Wren, Wyatt, and Mr. Speaker. — 40.

Those voting in the negative, are,
Messrs. Craig, Oliver, and Porter. — 3.

Ordered, That the title of said bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence to the amendments of the House to said bill.

Mr. Gregory from the select committee to which was referred.

The engrossed bill entitled,
"An act supplemental to the several acts regulating the Circuit Courts of this State;"
Reported the same back to the House with sundry amendments.

Mr. Dawson called for a division of the question on the amendments of the select committee;
Which was agreed to.

The amendments to the2d and 3d sections of the report of the select committee;
Were concurred in.

Mr. Webb moved to strike out the words "and fifty," in the 4th section of the report;
Which was not agreed to.

On the question,
Shall the report of the select committee as to the 4th section, be concurred in?

It was decided in the negative. — Yeas 19. — Nays 35.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blackwell, Brown, Buckmaster, Butler, Dubois, Dunn, Fithian, Frazer, Gregory, Hackelton, Henry, Hunt, Lincoln, Oliver, Owen, Ross, Webb, Wood and Mr. Speaker. — 19.

Those voting in the negative, are,
Messrs. Able, Blackford, Blockburger, Bowyer, Carpenter of Sangamon, Dawson, Elliott, Gordon, Hampton, Harreld, Harris, Hughes, Hunter, Moore, Murphy, Outhouse, Pace, Porter, Smith, Trower, Tunnell, Vandevanter, Whiteside, Wren and Wyatt. — 25.

The bill then passed.

Ordered That the title of the bill be as aforesaid, that the

341

clerk carry said bill to the Senate, and ask their concurrence therein.

A message from the Senate by Mr. Thomas their Assistant Secretary.

"Mr. SPEAKER:— I am directed to inform the House of Representatives that the Senate have concurred with them in the passage of bills from the House of Representatives, of the following titles, viz:
"An act supplemental to the several acts, regulating the Circuit Courts in this State;"
And,
"An act for the benefit of the infant heir of James Mason deceased."

They have concurred with the house of Representatives, in their amendments to the bills from the Senate, of the following titles, viz:
"An act to incorporate the Pekin, Bloomington, and Wabash Rail Road Company;" and
"An act concerning the publication of the Laws and Journals."

And he withdrew.

Mr. Gordon from the select committee to which was referred
The engrossed bill entitled,
"An act to amend an entitled an act for the organization and goverment of the militia of this State, in force July 2d, 1833."

Reported the same back to the House with an amendment;
Which was read; and
On motion of Mr. Oliver,
The bill and proposed amendments were laid on the table until the 4th day of July next.

Mr. Vandevanter from the select committee to which was referred
The bill from the Senate entitled,
"An act declaratory of the law in relation to the road tax;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to a third reading.

Mr. Gordon moved to dispense with the rule of the House and read said bill now a third time by its title;
Which was not agreed to.

On motion of Mr. Stuart

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The bill from the Senate entitled,
"An act concerning deeds executed without this State;" Some days since laid upon the table;
Was now taken up for consideration.

On the question,
Shall said bill pass?

It was decided in the negative.

Ordered, That the Clerk inform the Senate thereof.

The bill from the Senate entitled,
"An act to authorise John Bates jr., and others, to erect a Rail Road from Chicago to the west bank of the Des Plaines River;"
Was read the first time.

On the question,
Shall said bill be read a second time?

It was decided in the negative.

Ordered, That the Clerk inform the Senate thereof.

Mr. Smith moved to take up the bill from the Senate, entitled,
"An act to incorporate the Ausaganaski Canal Company;" Some days since laid upon the table;
Which was not agreed to.

The bill from the Senate entitled,
"An act to amend an act entitled an act to amend an act concerning the Trustees of Shawneetown, and for other purposes;"
Was read the first time, and
On motion of Mr. Stuart,
Said bill was laid upon the table.

The amendments of the Senate to the bills from the House of Representatives entitled,
"An act simplifying the mode of acknowledgement of Sheriff Deeds."

And,
"An act to distribute the Revised Laws of 1833;" Were read and concurred in.

Ordered, That the clerk inform the Senate thereof.

The bill from the Senate, entitled,
"An act to incorporate the Des Plaines Turnpike Company."

Was read the first time; and
On the question,
Shall said bill be read a second time?

343

It was decided in the negative.

Ordered, That the clerk inform the Senate thereof.

Mr. Wyatt moved to dispense with the rule of the House and read
The bill from the Senate entitled,
"An act to incorporate the Ausaganaski Turnpike Company;"
The first time by its title;
Which was not agreed to.

The bill was read the first time; and
On the question,
Shall said bill be read a second time?

It was decided in the negative.

Ordered, That the Clerk inform the Senate thereof.

The bill from the Senate entitled,
"An act to incorporate the Alton and Shawneetown Rail Road Company."

Was read the first time, and
Ordered to a second reading.

On motion of Mr. Buckmaster,
The rule of the House was dispensed with, and
Said bill was read the second time by its title.

On motion of Mr. Hampton,
Said bill was referred to a select committee of five.

Ordered, That Messrs. Hampton, Moore, Carpenter of Hamilton, Bowyer and Pace, be that committee.

Mr. Cloud moved that the House adjourn until 7 o'clock this evening;
Which was not agreed to.

Mr. Gordon moved that the House adjourn until six o'clock this evening;
Which was not agreed to.

Mr. Webb moved that the House adjourn;
Which was not agreed to.

On motion of Mr. Stuart,
The House then adjourned until half past six o'clock this evening.

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Half-past 6 o'clock, P. M.

House met pursuant to adjournment.

On motion of Mr. Gordon,
The bill from the Senate, entitled,
"An act to improve the breed of Cattle;"
This day laid upon the table,
Was taken up for consideration.

Mr. Smith moved to strike out all of said bill after the enacting clause.

On motion of Mr. Lincoln,
Said bill was referred to a committee of the Whole House, and the House now resolved itself into a committee of the Whole House upon said bill;
Mr. Stuart in the Chair;
After some time spent therein;
Mr Speaker resumed the Chair, and
Mr. Stuart reported, That the committee of the Whole House have, according to order, had said bill under consideration, and had directed him to report the same back to the House without amendment.

On the question,
Shall said bill be read a third time?

It was decided in the affirmative.

On motion of Mr. Carpenter of Hamilton,
The rule of the house was dispensed with, and said bill was now read the third time by its title.

On the question,
Shall said bill pass?

It was decided in the affirmative. — Yeas 24. Nays 16.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blockburger, Brown, Buckmaster, Butler, Carpener of Hamilton, Dubois, Fithian, Frazer, Hackelton, Hampton, Harris, Henry, Hughes, Hunt, Manly, Outhouse, Pace, Porter, Ross, Trower, Tunnell, Whiteside, Wyatt and Mr. Speaker. — 24.

Those voting in the negative, are,
Messrs. Blackford, Bowyer, Carpenter of Sangamon, Craig Dawson, Elliott, Gordon, Gregory, Hunter, Lincoln, Moore Oliver, Stuart, Smith, Vandevanter, and Wood — 16.

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Ordered That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof.

Mr. Moore moved that the House adjourn;
Which was not agreed to.

On motion of Mr. Hackelton,
The House then adjourned.

Saturday, January 16, 1836.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled bills, reported as correctly enrolled, bills of the following titles, to wit:
"An act supplemental to an act to incorporate the subscribers to the Bank of the State of Illinois;"
"An act to locate a state road from Quincy to Macomb;"
"An act to incorporate the Franklin Institute;"
"An act to incorporate the Alton and Erie Rail Road Company;"
"An act for the protection of stock against Castor Beans."
"An act to change the name of Salu;"
"An act declaring a road therein named, to be a state road."
"An act to locate a state road from Liberty to Tremont."
"An act for the relief of Samuel Copeland."
"An act for the benefit of the officers therein named;"
"An act to establish certain counties."
"An act to incorporate the Franklin Manual Labor School;"
"An act to incorporate the Rushville Rail Road Company."
"An act authorizing the sale of the real estate of D. L. W Jones deceased, and for other purposes;"
"An act to locate a state road from Rushville to Warsaw;" "An act to authorize the settlement of the Accounts of the Board of Commissioners, for the improvement of the navigation of the Kaskaskia River;"
"An act to regulate the salary of the Warden of the Penitentiary;"

346

"An act for the benefit of Mary Myott, infant daughter of Catharine Myott;"
"An act to incorporate the Carmi Academy;"
"An act concerning the payment of the revenue and for other purposes;"
"An act for the relief of Eli Hooper and Pleasant Dodson of Shelby county;"
"An act to locate and establish a state road from the Wabash river in Crawford county, to Shelbyville in Shelby county."
"An act to relocate a part of the state road in Coles county."
"An act concerning the publication of the Laws and Journals."
"An act relating to the Gallatin Saline, and the lands belonging to the same."
"An act to improve the Breed of Cattle,"
"An act for the benefit of the infant heirs of James Mason, deceased."
"An act simplifying the mode of acknowledgement of Sheriff's Deeds."
"An act supplemental to the several acts relating to the Circuit Courts of this State;"
"An act to distribute the Revised Laws of 1833."
"An act to incorporate the Illinois Central Rail Road Company."
"An act to incorporate the Mount Carmel and Alton Rail Road Company."

And afterwards Mr. Cloud from the same committee reported, They had this day laid before the Council of Revision, the bills aforesaid.

A message from the Senate by Mr. Thomas, a Senator

"MR. SPEAKER, — The Senate have concurred with the House of Representatives in their amendment to the amendment of the Senate to the bill from the House of Representatives entitled,
"An act for the incorporation of the Mississippi, Springfield and Carrollton Rail Road Company;"
They have concurred with the House of Representatives in the passage of bills of the following titles, viz:
"An act to authorize certain persons therein named, to make Deeds."

347

"An act relative to certain school lands in the county of Fulton."
"An act changing an appropriation heretofore made to Lawrence county."
"An act to amend an act entitled an act concerning Estrays, approved Feb. 9, 1835."
"An act relative to the town of Utica in the county of Fulton."
"An act to amend an act entitled an act to incorporate the St. Clair Turnpike Road Company, approved Feb. 15, 1833."

They have concurred with the House of Representatives, in their amendments to the bills from the Senate, entitled,
"An act to locate a State Road from the termination of the Indiana State Road to Ottowa."
"An act to incorporate the Alton Shot and Lead Manufacturing Company,"
As amended by them,
And ask the concurrence of the House of Representatives in their said amendments.

They have also concurred with the House of Representatives in their amendment to the bill from the Senate entitled,
"An act to incorporate the Illinois Central Rail Road Company;"

And then he withdrew.

Mr. Hunt from the select committee to which was referred the bill entitled,
"An act to improve the state road from Mount Carmel to Salem in Marion county,"
Reported the same back to the House with an amendment;
Which was read; and On the question,
Will the House concur with the select committee in their report?

It was decided in the negative. — Yeas 21. Nays 21.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blockburger, Brown, Buckmaster, Butler, Dawson, Elliott, Gordon, Gregory, Harreld, Henry, Hunt, Hunter, Lincoln, Moore, Outhouse, Ross, Stuart, Turney, Vandevanter, Whiteside, and Wyatt. — 21.

Those voting in the negative, are,Messrs. Able, Blackford, Blackwell, Bowyer, Carpenter

348

of Hamilton, Carpenter of Sangamon, Cloud, Dubois, Fithian, Frazer, Hampton, Harris, Manly, Oliver, Owen, Pace, Porter, Tunnell, Webb, Wood, and Mr. Speaker. — 21.

Mr. Frazer moved to recommit said bill to a select committee;
Which was not agreed to.

On motion of Mr. Hunt,
Said bill was laid upon the table.

The bill from the Senate entitled,
"An act to incorporate the Illinois and Michigan Transportation Company:"

Was read the third time; and
On the question,
Shall said bill pass?

It was decided in the negative. — Yeas 12. — Nays 29.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Brown, Dawson, Gordon, Hackelton, Hunt, Manly, Owen, Ross, Stuart, Smith, Vandevanter, and Wood. — 12.

Those voting in the negative, are,
Messrs. Blackford, Blackwell, Bowyer, Buckmaster, Butler, Carpenter of Sangamon, Cloud, Craig, Dubois, Elliott, Fithian, Frazer, Gregory, Hampton, Harris, Henry, Hunter, Lincoln, Oliver, Outhouse, Pace, Porter, Trower, Tunnell, Turney, Webb, Whiteside, Wyatt, and Mr. Speaker. — 29.

Ordered, That the Clerk inform the Senate.

A message from the Council of Revision, by Mr. Sprigg, their Secretary.

"Mr. SPEAKER, — The Council of Revision have approved bills of the following titles, to wit:
"An act to incorporate the Burnt Prairie Manual Labor Seminary;"
"An act to incorporate the Quincy Insurance Company;" "An act to incorporate the Danville Academy;" "An act to incorporate the Wabash and Mississippi Rail Road Company."
"An act concerning the town of Boonville in the county of Pike."
"An act to amend an act entitled an act to provide for the distribution and application of the interest on the School, College and Seminary Funds;"
"An act for the relief of the persons therein named."

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"An act concerning the advertisement of land sold for taxes;" "An act relative to the records of Clinton County;"
"An act to relocate a state road therein named;"
"An act to lay out a state road therein named."
"An act to locate a state road from Commerce in Hancock county, to Peoria."
"An act to locate a State Road from Frankfort via Vienna, to Wilcock's Ferry in Johnson County."
"An act to locate a road from Quincy in Adams county, to Pittsfield in Pike county."
"An act to change a part of the state road leading from Springfield to Beardstown;"
"An act to establish a State Road from Maysville to Shelbyville."
"An act to locate a state road from Maysville to Shelbyville."
"An act to locate a state road from Rushville in Schuyler county, to Commerce in Hancock county."
"An act concerning the public revenue."
"An act to amend an act entitled an act to change the corporate powers of the town of Chicago"

And he withdrew.

The bill from the Senate entitled,
"An act to regulate elections in incorporated towns;"
Was read a third time as amended.

On motion of Mr. Henry,
Said bill was laid upon the table.

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

"Mr. SPEAKER, — I am directed to inform the House of Representatives, that the Senate have concurred with the House in the passage of the bill for
"An act to provide for the sale of section 16, in township 3, south of range 8 west."

They have also concurred in the passage of the bill for
"An act to incorporate the Morgan County Mutual Fire Insurance Company."

As amended by them.

They have also amended the title of said last mentioned bill by adding the words "and for other purposes."

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

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They have also concurred with the House of Representatives in their amendment to the bill from the Senate, for "An act to incorporate the Carlyle Bridge Company."

And then he withdrew.

The engrossed bill entitled,
"An act to locate the state roads therein named."

Was read a third time and passed.

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

A message from the Senate, by Mr. Thomas, Senator:

"MR. SPEAKER, — I am directed by the Senate to inform the House of Representatives, that they have concurred with the House in the passage of bills of the following titles, viz:
"An act to lay out certain state roads in Morgan county;"
They have also concurred with the House in their amendments to the bill for
"An act to incorporate the Wabash and Mississippi Union Rail Road Company;"

And he withdrew.

Another message from the Senate by Mr. Thomas Senator:

"MR. SPEAKER, — I am directed by the Senate to inform the House of Representatives, that they have concurred with the House in the passage of the following bills:
"An act to incorporate the Central Branch Wabash Rail Road Company;"
"An act for the benefit of the widow and heirs of Pleasant Shepherd deceased;"

And he withdrew.

Another message from the Senate by Mr. Thomas, Senator:

"MR. SPEAKER, — I am directed to inform the House of Representatives that the Senate have concurred with the House of Representatives in the passage of bills of the following titles, viz:
"An act to incorporate the Shawneetown and Alton Rail Road Company."
"An act to locate a state road therein named."
"An act for the permanent establishment of so much of the road from Vandalia to Hillsboro', as lies between Vandalia and Daniel Browning's; and for other purposes;"

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"An act to incorporate the Galena and Chicago Union Rail Road Company,"

They have also concurred with the House in their amendments to the bill from the Senate for
"An act to amend an act entitled an act to incorporate the Jacksonville and Meredosia Rail Road Company;"

And he withdrew.

The bill from the Senate entitled,
"An act to amend the several acts in relation to the Penitentiary;"
Was read a third time.

On motion of Mr. Dunn,
The bill was referred to a committee of the Whole House, and made the special order of the day for this evening at 2 o'clock, P. M.

The bill from the Senate entitled,
"An act declaratory of the law in relation to the road tax;"
Was read a third time.

On motion of Mr. Owen,
The vote taken on the adoption of the report of the select committee;
Was reconsidered.

On the question,
Will the House concur with the select committee in their report?

It was decided in the affirmative.

The bill then passed as amended.

Ordered, That the title of the bill be as aforesaid, that the Clerk inform the Senate thereof, and ask their concurrence in the amendments of the House to said bill.

The engrossed bill entitled,
"An act supplemental to an act making appropriations for the years 1835 and 1836, approved Feb. 13, 1835;"
Was read a third time.

On motion of Mr. Webb,
The first section of the bill was amended by adding the words "and fifty," after the word "hundred," being the compensation allowed to the Secretary and Clerk for copying the Journals for the Public Printer.

Yeas 25. — Nays 13.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able,Blackwell, Bowyer,Buckmaster, Cloud, Craig,

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Dawson, Dubois, Dunn, Elliott, Frazer, Hackelton, Hampton, Harreld, Harris, Henry, Hunt, Hunter, Owen, Porter, Ross, Smith, Vandevanter, Webb, Wood and Wyatt. — 26.

Those voting in the negative, are,
Messrs. Blackford, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Hughes, Lincoln, Moore, Oliver, Outhouse Pace, Tunnell, Whiteside, and Mr. Speaker. — 13.

Mr. Hughes moved to amend the second section by adding the following, viz:
"To S. T. Sawyer the sum of fifty dollars for his services as attorney on the part of the President and Directors of the State Bank of Illinois, in a suit against James M. Duncan, and others."

Which was not agreed to.

Mr. Hughes moved to amend said bill by striking out the word "two" and insert the word "one" in the appropriation to the Secretary of State for copying the laws, &c.; and
To strike out from the bill the allowance to H. Hatch.

Mr. Hunt called for a division of the question upon the amendments.

Mr. Gordon called for a further division of the question upon the amendment in striking out "two" and inserting "one."

On the question,
Will the House strike out "21"

It was decided in the negative. — Yeas 18. — Nays 25.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blackford, Bowyer, Carpenter of Sangamon, Dawson, Harris, Hughes, Hunt, Hunter, Lincoln, Moore, Oliver, Outhouse, Owen, Pace, Tunnell, Whiteside, Wyatt and Mr. Speaker. — 18.

Those voting in the negative, are,
Messrs. Able, BIackwell, Brown, Buckmaster, Butler, Cloud, Craig, Dubois, Dunn, Elliott, Frazer, Gordon, Gregory, Hackelton, Hampton, Harreld, Henry, Manly, Porter, Ross, Smith, Turney,Vandevanter, Webb and Wood. — 25.

Mr. Webb moved the previous question;
On the question,
Will the House strike out the allowance to H. Hatch?

It was decided in the negative.

On the question,
Shall the main question be now put?

353

It was decided in the affirmative.

The bill then passed.

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

The bill from the Senate entitled,
"An act concerning the transcribing certain records;"
Was read the second time; and
Ordered to a third reading.

On motion of Mr. Gregory,
The rule of the House was dispensed with, and
Said bill was read the third time by its title.

The bill then passed.

Ordered, That the Clerk inform the Senate thereof.

Mr. Hampton from the select committee to which was referred
The bill from the Senate, entitled,
"An act to incorporate the Alton and Shawneetown Rail Road Company;"
Reported the same back to the House with sundry amendments;
Which were read and concurred in.

Ordered, That said bill be read a third time as amended.

On motion of Mr. Moore,
The rule of the House was dispensed with, and
Said bill was now read the third time by its title.

The bill then passed.

Ordered, That the title of the bill be as aforesaid, that the clerk inform the Senate thereof and ask their concurrence in their amendments to said bill.

On motion of Mr. Gregory,
The bill from the Senate entitled,
"An act to incorporate the Stockholders of the Alton Exporting Company,"
Some days since laid upon the table;
Was taken up for consideration.

On motion of Mr. Lincoln,
So much of the amendment of the House to said bill, as makes the stockholders individually liable for debts due from said Company;
Was reconsidered. — Yeas 22. Nays 17.

The Yeas and Nays being called for:

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Those voting in the affirmative, are,
Messrs. BIackwelI, Brown, Buckmaster, Butler, Craig, Dunn, Elliott, Frazer, Gordon, Gregory, Harreld, Hunt, Lincoln, Manly, Outhouse, Owen, Stuart, Smith, Webb, Whiteside, Wyatt and Mr. Speaker. — 22.

Those voting in the negative, are,
Messrs. Blackford, Bowyer, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dawson, Hackelton, Harris Henry, Hughes, Hunter, Oliver, Pace, Porter, Tunnell, Turney, and Vandevanter. — 17.

The question then recurring,
Will the House concur with the select committee in their amendment?

It was decided in the affirmative. — Yeas 24. Nays 18.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Blackford,BIackwell, Bowyer, Brown, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Craig, Dawson, Hackelton, Hampton, Harris, Henry, Hughes, Manly, Moore, Oliver, Pace, Porter, Tunnell, Turney, Vandevanter, Whiteside and Wyatt — 24.

Those voting in the negative, are,
Messrs. Able, Buckmaster, Butler, Dunn, Elliott, Frazer, Gordon, Gregory, Hunt, Lincoln, Murphy, Outhouse, Owen, Ross, Stuart, Smith, Webb and Mr. Speaker. — 18.

On the question,
Shall said bill pass as amended?

It was decided in the affirmative. — Yeas 25. Nays 18.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackwell, Brown, Buckmaster, Butler, Cloud, Dawson, Dunn, Elliott, Frazer, Gordon, Gregory, Harreld, Harris, Hunt, Manly, Moore, Murphy, Outhouse, Owen, Pace, Ross, Smith, Whiteside, and Mr. Speaker. — 25.

Those voting in the negative, are,
Messrs. Blackford, Bowyer, Carpenter of Hamilton, Carpenter of Sangamon, Craig, Hackelton, Hampton, Henry, Hughes, Lincoln, Oliver, Porter, Stuart, Tunnell, Turney, Vandevanter, Webb and Wyatt. — 18.

On motion of Mr. Gregory,
The title of the bill was amended, so as to read
"An act to incorporate the Illinois Exporting Company."

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Ordered, That the title of the bill be as amended, that the clerk carry the same to the Senate and ask their concurrence to said bill as amended.

On motion of Mr. Wyatt,
The House then adjourned until 2 o'clock, P. M.

Two o'clock, P. M.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled Bills, reported as correctly enrolled, bills of the following titles, viz:
"An act to incorporate the Galena and Chicago Union Rail Road Company,"
"An act to incorporate the Central Branch Wabash Rail Road Company,"
"An act for the benefit of the widow and heirs of Pleasant Shepherd deceased."
"An act declaratory of the law in relation to the Road tax."
"An act to incorporate the stockholders of the Randolph Manufacturing Company."
"An act for the relief of Timothy Guard and others."
And,
"An act to incorporate the Pekin, Bloomington and Wabash Rail Road Company."

And afterwards, Mr. Cloud from the same committee, reported that they had this day laid before the Council of Revision the bills above mentioned.

A message from the Senate by Mr. Thomas, Senator:

"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:
"An act to incorporate the Waverlyand Grand Prairie Rail Road Company."
"An act to locate a state road from Peoria to Pekin, thence to intersect the road leading from Peoria to Springfield, and for other purposes;"

356

"An act to establish a state road from Danville to Ottowa;"
"An act supplemental to the several acts relating to the Circuit Courts in this State;"

And he withdrew.

The House now resolved itself into a committee of the Whole House on The bill from the Senate entitled,
"An act to amend the several acts in relation to the Penitentiary."

Mr. Moore in the Chair;
And after some time spent therein,
Mr. Speaker resumed the Chair, and
Mr. Moore reported, That the committee of the Whole House have, according to order, had said bill under consideration, made some amendments therein and had directed him to ask the concurrence of the House to the same.

On the question,
Will the House concur with the committee of the Whole House in their amendments to said bill?

It was decided in the affirmative. — Yeas 23. Nays 16.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Bowyer, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Frazer, Hackelton, Hampton, Harris, Hunter, Manly, Murphy, Oliver, Owen, Pace, Porter, Smith, Tunnell, Vandevanter, Whiteside, Wren and Mr. Speaker. — 23.

Those voting in the negative, are,
Messrs. Blackwell, Brown, Butler, Dawson, Elliott, Fithian, Gordon, Gregory, Harreld, Henry, Hunt, Moore, Outhouse, Ross, Stuart and Webb. — 16.

The bill then passed as amended.
Ordered, That the title of the bill be as aforesaid, that the Clerk inform the Senate thereof, and ask their concurrence in the amendments of the House to said bill.

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

"MR. SPEAKER, — The Senate have laid on the table until the 4th of July next, the bill from the House of Representatives entitled,
"An act, appropriating the residium of the Vermillion Saline Lands;"

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They have concurred with the House of Representatives, in the passage of the bills from the House of Representatives entitled,
"An act to lay out a state road from Chicago to Peoria."
"An act fixing the terms of holding the Courts in the several counties therein named."

And he withdrew.

On motion of Mr. Buckmaster,
The engrossed bill entitled,
"An act to relocate the Penitentiary;"
Some days since laid upon the table;
Was now taken up for consideration.

Yeas 23. Nays 16.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Bowyer, Buckmaster, Carpenter of Hamilton, Frazer, Gregory, Hackelton, Harris, Hunter, Manly, Murphy, Oliver, Outhouse, Pace, Porter, Smith, Tunnell, Vandevanter, Webb, Whiteside, Wren, and Mr. Speaker. — 23.

Those voting in the negative, are,
Messrs. Blackwell, Brown, Butler, Carpenter of Sangamon, Dawson, Elliott, Fithian, Hampton, Harreld, Henry, Hunt, Lincoln, Moore, Owen, Ross and Stuart. — 16.

On motion of Mr. Owen,
Said bill was amended by striking out the word "two," and inserting"one."

On the question,
Shall said bill pass?

It was decided in the affirmative. Yeas 22. Nays 14.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Bowyer, Buckmaster, Carpenter of Hamilton, Frazer, Harris, Hunter, Manly, Moore, Murphy, Oliver, Owen, Pace, Porter, Smith, Tunnell, Vandevanter, Webb, Whiteside, Wren and Mr. Speaker. — 22.

Those voting in the negative, are,
Messrs. Brown, Butler, Carpenter of Sangamon, Dawson, Elliott, Fithian, Gordon, Hackelton, Hampton, Harreld, Henry, Lincoln, Outhouse and Stuart. — 14.

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

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A Message from the Council of Revision, by Mr. Sprigg, their Secretary.

"MR. SPEAKER, — The Council of Revision have approved bills of the following titles, viz:
"An act relating to the Gallatin Saline, and the lands belonging to the same."
"An act to incorporate the Franklin Manual Labor School;"
"An act concerning the payment of the revenue and for other purposes;"
"An act to change the name of Salu;"
"An act to incorporate the Illinois Central Rail Road Company."
"An act to incorporate the Rushville Rail Road Company."
"An act to incorporate the Carmi Academy;"
"An act supplemental to an act to incorporate the subscribers to the Bank of the State of Illinois;"
"An act to authorize the settlement of the Accounts of the Board of Commissioners, for the improvement of the navigation of the Kaskaskia River;"
An act to incorporate the Alton Wabash and Erie Rail Road Company;"
"An act to incorporate the Mount Carmel and Alton Rail Road Company."
"An act to establish certain counties."
"An act for the benefit of the infant heirs of James Mason, deceased."
"An act to improve the Breed of Cattle;"
"An act simplifying the mode of acknowledgement of Sheriffs Deeds."
"An act for the protection of stock against Castor Beans."
"An act for the relief of Samuel Copeland."
"An act for the benefit of the officers therein named;"
"An act supplemental to the several acts relating to the Circuit Courts of this State;"
"An act to distribute the Revised Laws of 1833."
"An act to incorporate the Franklin Institute;"
"An act for the relief of Eli Hooper and Pleasant Dodson of Shelby county;"
"An act to regulate the salary of the Warden of the Penitentiary;"

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"An act concerning the publication of the Laws and Journals."
"An act to improve a certain road in Edgar county;"
"An act to locate a state road from Rushville to Warsaw;"
"An act declaring a road therein named, a state road."
"An act to locate a state road from Liberty to Tremont."
"An act to locate and establish a state road from the Wabash river in Crawford county, to Shelbyville in Shelby county."
"An act to locate a state road from Quincy to Macomb;"
"An act to relocate a part of the state road in Coles county."
"An act concerning the Public Square in the town of Jacksonville."

And he withdrew.

The amendments of the Senate to the amendments of the House of Representatives, to
The bill from the Senate entitled,
"An act to locate a state road from the termination of the Indiana State road to Ottowa;"
Were read and concurred in.

Ordered, That the Clerk inform the Senate thereof.

The amendments of the Senate to the bill from the House of Representatives entitled,
"An act to incorporate the Alton Shot and Lead Manufacturing Company,"
Were read and concurred in.

Ordered That the clerk inform the Senate thereof.

Mr. Cloud from the committee on Enrolled bills, reported as correctly enrolled, bills of the following titles, to wit:
"An act for the incorporation of the Mississippi, Springfield and Carrollton Rail Road Company;"
"An act to incorporate the President and Trustees of the Mount Carmel Academy."
"An act to incorporate the Waverly and Grand Prairie Rail Road Company."

And afterwards Mr. Cloud from the same committee reported, They had this day laid before the Council of Revision, the bills aforesaid.

Mr. Hughes from the committee on Public Accounts and Expenditures, to which was referred the petition of Seth T. Sawyer, and a letter of, Jesse B. Thomas Jr., Esq., late Attorney General, reported the same back to the House and

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asked to be discharged from the further consideration of said petition and letter;
Which was granted.

The amendments of the Senate to the bill from the House of Representatives entitled,
"An act to incorporate the Morgan county Mutual Fire Insurance Company;
Were read and concurred in; and
The amendment to the title was concurred in.

Ordered, That the Clerk inform the Senate thereof.

On motion of Mr. Hackelton,
The following resolution was adopted, viz:
Resolved, That the Secretary of State be, and he is hereby authorised and required to deliver over to the present Board of Canal Commissioners of the Illinois and Michigan Canal, all such surveys, maps, charts, reports and other papers, made by former Board of Canal Commissioners, as may be necessary for the construction of the Canal.

On motion of Mr. Hughes,
The House adjourned until six o'clock P. M.

6 o'clock, P. M.

House met pursuant to adjournment.

On motion of Mr. Frazer,
The following resolutions were adopted, viz:
Resolved by the People of the State of Illinois, represented in the General Assembly, That our Senators in Congress be instructed and our Representatives requested, to use all honorable means to procure the passage of a law of Congress, granting to the State of Illinois, the right to enter on a credit of ten years without interest, at $125 per acre, a quantity of United States land, lying within said State, not exceeding five hundred thousand acres; the said land or the proceeds thereof to be applied under the direction of the Legislature, to aid the

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said State in works of Internal Improvement, and to be selected and entered by Commissioners appointed by the Governor on behalf of the said State.

Resolved further, That in case such a law should be passed by Congress, the Governor be and he is hereby authorized and required to appoint three Commissioners on the part of said State, to select and enter said lands and to make report thereof to the next session of the Legislature.

Yeas 26 Nays 14.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blackwell, Blockburger, Brown, Buckmaster, Butler, Carpenter of Sangamon, Elliott, Fithian, Frazer, Gordon, Hackelton, Harreld, Hughes, Hunter, Lincoln, Murphy, Outhouse, Porter, Stuart, Smith, Turney, Whiteside, Wyatt and Mr. Speaker. — 26.

Those voting in the negative, are,
Messrs. Bowyer, Carpenter of Hamilton, Craig, Dawson, Harris, Henry, Hunt, Moore, Oliver, Owen, Ross, Tunnell, Vandevanter, and Webb. — 14.

Ordered, That the clerk carry said resolutions to the Senate, and ask their concurrence in said resolutions.

Mr. Stuart from the committee on Petitions, to which was referred the petition and accompanying documents of James Wheat and others,
Reported the same back to the House and asked to be discharged from the further consideration of the subject of said petition;
Which was agreed to.

On motion of Mr. Blockburger,
The petitioners had leave to withdraw their petition and accompanying documents.

A message from the Senate by Mr. Thomas, Senator:

"Mr. SPEAKER:— I am directed to inform the House of Representatives that they have passed a bill for
"An act supplemental to an act changing the Circuit Courts in the 3d Judicial Circuit."

They have also concurred in the passage of the bill from the House of Representatives entitled,
"An act to incorporate the Winchester, Lynnville and Jacksonville Rail Road Company;"
They have also concurred in the amendments of the House of Representatives, to the bill from the Senate, for

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"An act to incorporate the stockholders of the Illinois Exporting Company;"
They have also concurred with the House in the passage of the bill entitled,
"An act supplemental to an act making appropriations for the years 1835 and 1836, approved Feb. 13, 1835."

As amended by them,
In which they ask the concurrence of the House of Representatives."

And he withdrew.

The bill from the Senate entitled,
"An act supplemental to an act changing the Circuit Courts in the 3d judicial circuit,"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Moore,
The rule of the House was dispensed with, and said bill was now read the second time by its title.

Ordered to a third reading.

On motion of Mr. Murphy,
The rule of the House was dispensed with, and said bill was read a third time by its title.

The bill then passed.

Ordered That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof.

Mr. Stuart from the select committee to which was referred
The bill from the Senate entitled,
"An act to incorporate the Chicago Hydraulic Company;" Reported the same back to the House without amendment,
On the question,
Shall said bill be read a third time?

It was decided in the affirmative. — Yeas 28. — Nays 14.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Brown, Butler, Carpenter of Hamilton, Cloud, Craig, Dawson, Elliott, Fithian, Gregory, Hackelton, Hampton, Harreld, Henry, Hughes, Hunt, Hunter, Manly, Murphy, Outhouse, Owen, Ross, Stuart, Smith, Vandevanter, Webb, Whiteside, and Wood. — 28.

Those voting in the negative, are, Messrs. Blackford, Blockburger, Bowyer,Buckmaster,Carpenter

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of Sangamon, Harris, Lincoln, Moore, Oliver, Porter, Tunnell, Turney, Wyatt and Mr. Speaker. — 14.

On motion of Mr. Henry,
The rule of the House was dispensed with and said bill
Was read the third time by its title.

On the question,
Shall said bill pass?

It was decided in the affirmative. — Yeas 31. — Nays 15.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackwell, Brown, Butler, Cloud, Craig, Dawson, Dunn, Elliott, Fithian, Frazer, Gregory, Hackelton, Hampton, Harreld, Henry, Hughes, Hunt, Hunter, Manly, Murphy, Outhouse, Owen, Pace, Ross, Stuart, Smith, Vandevanter, Webb, Whiteside, and Wood. — 31.

Those voting in the negative, are,
Messrs. Blackford, Blockburger, Bowyer, Buckmaster, Carpenter of Hamilton, Carpenter of Sangamon, Harris, Lincoln, Moore, Oliver, Porter, Tunnell, Turney, Wyatt and Mr. Speaker. — 15.

Ordered, That the title of the bill be as aforesaid, and that the clerk inform the Senate thereof.

Mr. Cloud from the committee on Enrolled Bills, reported as correctly enrolled, bills of the following titles, viz:
"An act fixing the times of holding the Circuit Courts in the several counties therein named."
"An act supplemental to the several acts, relating to the Circuit Courts in this State;"
"An act to incorporate the Alton Shot and Lead Manufacturing Company."
"An act to amend an act entitled an act to incorporate the Jacksonville and Meredosia Rail Road Company."
"An act to incorporate the Carlyle Bridge Company."
"An act to incorporate the Illinois Exporting Company."

And afterwards, Mr. Cloud from the same committee reported, that they had laid before the Council of Revision, the foregoing bills.

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

"MR. SPEAKER, — The Senate have concurred with the House of Representatives in their amendments to the bills from the Senate entitled,
"An act for the relief of the Sheriffs therein named;"
And,

364

"An act to amend the several acts in relation to the Penitentiary."

They have concurred with the House of Representatives in the passage of the bill from the House of Representatives, entitled,
"An act to change a part of the state road between Peoria and Galena, and Havana and Macomb."

They have concurred with the House of Representatives, in the adoption of the resolution for electing an Attorney General and Judges of Probate in those counties in which vacancies exist;
As amended by them;
In which amendments they ask the concurrence of the House of Representatives.

They amend the resolution by striking out Monday at "6 o'clock P. M.;" and inserting in lieu thereof "Saturday the 16th inst, at 8 o'clock, P. M."

Also, by striking out all after the word "Esq." in the last line but one of said resolution, and inserting in lieu thereof, the following:
"Also for the purpose of electing Judges of Probate in those counties where there are vacancies."

And he withdrew.

Another message from the Senate by Mr. Thomas Senator:

"MR. SPEAKER, — I am directed by the Senate to inform the House of Representatives, that they have concurred with the House in the passage of the following bills:
"An act for the benefit of Simon M. Hubbard."
"An act declaring the Little Wabash river a navigable stream."
"An act for the benefit of Thomas G. B. S. Kirkman, infant son of Thomas C. Kirkman."

They have concurred with the House of Representatives in their amendments to the bills from the Senate entitled,
"An act to incorporate the Alton and Shawneetown Rail Road Company."
And,
"An act supplemental to an act entitled an act concerning public records, approved Feb. 9, 1835."

They have also concurred with the House of Representatives in the passage of the bill entitled,

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"An act to amend an act concerning public roads."

As amended by them,
And ask the concurrence of the House of Representatives in their said amendments."

And then he withdrew.

The amendments of the Senate to the bill from the House of Representatives entitled,
"An act supplemental to an act making appropriations for the years 1835 and 1836, approved Feb. 13, 1835;"
Were read.

Mr, Frazer called for a division of the question upon the several amendments of the Senate;
Which was agreed to.

The question was then taken upon the amendment of the Senate in striking out "two" and inserting "four," in the allowance to A. P. Field for copying the laws &c.;
And not concurred in.

The question was then taken separately upon the several amendments of the Senate, viz:
An allowance to Mr. Whitney.

An allowance to Mr. Davis,
An allowance to Mr. Mundy,
An allowance to Mr. Sawyer,
An allowance to Ewing Roberts,
An allowance to R. B. Servant,
An allowance to Gibson and Fleming,
An allowance to R. M. Gordon,
An allowance to John Charter,
An allowance to Wm. Thomas,
An allowance to Wm. McConnelI,
An allowance to Brook Chapman,
And concurred in.

The question was then taken on the allowance of $500 each to Jackson and Franklin counties;
And not concurred in. — Yeas 11. — Nays 35.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Bowyer, Buckmaster, Dunn, Hampton, Harreld, Henry, Lincoln, Owen, Wood, Wren, and Mr. Speaker. — 11.

Those voting in the negative, are,
Messrs. Able, Blackford, Blackwell, Blockburger, Brown, Butler, Carpenter of Hamilton, Carpenter of Sangamon,

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Craig, Dawson, Elliott, Fitlnan, Frazer, Gregory, Hackelton Harris, Hughes, Hunt, Hunter, Manly, Moore, Murphy, Oliver, Outhouse, Pace, Porter, Ross, Stuart, Smith, Tunnell, Turney, Vandevanter, Webb, Whiteside, and Wyatt, — 35.

Ordered That the Clerk inform the Senate thereof.

The amendments of the Senate to the resolution from the House of Representatives, having for its object the election of an Attorney General and Judge of Probate of Clay county;
Were read.

Mr. Frazer moved to amend by adding the words
"And Auditor of Public Accounts."

Mr. Webb moved to lay said resolution and proposed amendments on the table;
Which was not agreed to.

The question then recurring on the said amendment,

It was decided in the affirmative. — Yeas 24. — Nays 22.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Block burger, Buckmaster, Carpenter of Sangamon,Frazer, Hackelton, Harreld, Harris, Hughes, Hunter, Moore, Murphy, Oliver, Owen, Pace, Smith, Tunnell, Turney, Vandevanter, Whiteside, Wren, Wyatt and Mr. Speaker. — 24.

Those voting in the negative, are,
Messrs. Blackwell, Bowyer, Brown, Butler, Carpenter of Hamilton, Craig, Dawson, Dunn, Elliott, Fithian, Gordon, Gregory, Hampton, Henry, Hunt, Lincoln, Manly, Outhouse, Porter, Ross, Webb and Wood. — 22.

On motion of Mr. Ross,
The word "eight," was stricken out and the words "half after eight" were inserted.

The amendment to said resolution was then concurred in as amended.

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

"MR. SPEAKER, — The Senate have receded from those of their amendments to the bill from the House of Representatives, entitled,
"An act supplemental to an act making appropriations for the years 1835 and 1836, approved Feb. 13, 1835;"
In which the House of Representatives did not concur"

And he withdrew.

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The amendments of the Senate to the bill from the House of Representatives entitled,
"An act concerning public roads;"
Were read and concurred in.

Ordered That the clerk inform the Senate thereof.

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

"Mr. SPEAKER, — I am directed to inform the House of Representatives, that the Senate have adopted the following resolution, viz:
Resolved by the Senate and House of Representatives, That the Auditor of Public Accounts, Secretary and Treasurer of State, be authorized and required to deliver over, upon application I of the Illinois and Michigan Canal Commissioners, all the surveys, profiles, maps, books, and other papers in their offices, which may be considered necessary by said Commissioners, of the said Canal, and that said Commissioners receipt therefor.

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

And he withdrew.

Another message from the Senate by same.

"MR. SPEAKER, — I am directed to inform the House of Representatives that the Senate have concurred with the House of Representatives in the passage of the bill entitled,
"An act to relocate so much of the state road leading from, Rushville to Monmouth, as lies between Monmouth and Macomb, and to establish a part of a state road in Greene county."

And then he withdrew.

On motion of Mr. Hampton,
The bill from the Senate, entitled,
"An act to amend an act entitled an act to amend an act concerning the Trustees of Shawneetown, and for other purposes;
" Some days since laid upon the table;
Was now taken up for consideration; and
Ordered to a second reading.

On motion of Mr. Frazer,
The rule of the House was dispensed with, and Said bill was now read the second time by its title.

Mr. Hampton moved to amend said bill by striking out the second section.

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Mr. Craig moved to lay said bill on the table until the 4th day of July next;
Which was not agreed to.

Mr. Dawson moved to refer said bill to a select committee;
Which was not agreed to.

The question then recurred on the amendment as proposed by Mr. Hampton;
And decided in the affirmative.

Ordered to a third reading as amended.

On motion of Mr. Hampton,
The rule of the House was dispensed with, and
The bill was now read a third time by its title.

The bill then passed. — Yeas 39. — Nays 1.

The Yeas and Nays being called for:
Those voting in the affirmative, are,
Messrs. Able, Blackford, Blackwell, Blockburger, Bowyer, Buckmaster, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Dawson, Dunn, Elliott, Fithian, Frazer, Hackelton, Hampton, Harreld, Harris, Henry, Hughes, Hunt, Hunter, Lincoln, Moore, Murphy, Oliver, Outhouse, Owen, Pace, porter, Ross, Smith, Turney, Vandevanter, Webb, Whiteside, Wood,Wyatt, and Mr.Speaker. — 39.

Mr. Craig voted in the negative. — 1.

On motion of Mr. Hampton,
The title was amended by striking out the words "and for other purposes."

Ordered, That the title of the bill be as amended, that the clerk carry said bill to the Senate, and ask their concurrence to said bill.

Mr. Cloud from the committee on enrolled Bills reported as correctly enrolled, bills of the following titles, viz:
"An act supplemental to an act changing the terms of the Circuit Courts in the third Judicial Circuit, passed at the present session of the General Assembly."
"An act for the permanent establishment of so much of the road from Vandalia to Hillsboro', as lies between Vandalia and Daniel Browning's; and for other purposes;"
"An act to locate a state road therein named."
"An act to incorporate the Winchester, Lynnville and Jacksonville Rail Road Company."
"An act to incorporate the Chicago Hydraulic Company."
"An act concerning the transcribing certain records."

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"An act to locate a State Road from the termination of the Indiana State Road to Ottowa."
"An act to amend the several acts in relation to the Penitentiary;"
"An act supplementary to an act to amend an act to provide for raising a revenue, approved Feb. 19, 1827."
"An act to incorporate the Alton and Shawneetown Rail Road Company."

And afterwards Mr. Cloud from the same committee, reported that they had laid the above named bills before the Council of Revision,
Mr. Murphy rose and made the following remarks:
MR. Speaker, — I rise to discharge a melancholy duty.

Since last evening's adjournment, my friend and colleague, the Hon. JOHN THOMPSON, has been called to his last account. He was in his place on Thursday, in the discharge of his public duties, to which he had devoted himself, and his friends well hoped that his career of usefulness would not so soon have terminated. But, Mr. Speaker, he is gone, and it is left for us who knew him well and could properly appreciate his many virtues, to mourn his loss, and to give such testimonials of our regard and respect as custom has sanctioned. In this spirit I offer for adoption the following resolutions:
Resolved, That this House deeply lament the death of the Hon. John Thompson, a Representative from the counties of Randolph and Perry.

Resolved, That as a testimony of regret for the memory of the deceased, the members of this House will adopt the usual badge of mourning.

Resolved, That a committee be appointed to take order for the funeral obsequies of the deceased, and that the Senate be notified thereof.

The said resolutions were adopted unanimously.

Ordered, That Messrs. Dunn, Buckmaster and Moore, be that committee.

Ordered, That the clerk inform the Senate thereof.

Mr. Murphy proposed for adoption the following resolution, viz:
Resolved, That the members of this House will devote this days pay, to the use of the children of the deceased.

Which was adopted unanimously.

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Mr. Murphy proposed for adoption, the following resolution, viz
Resolved, That as a further testimony of their respect for the memory of the late Hon. John Thompson, this House do now adjourn;
Which was adopted unanimously.

Monday, January 18, 1836.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled Bills, reported as correctly enrolled, bills of the following titles, viz:
"An act to lay out certain state roads in Morgan county."
"An act to incorporate the Wabash and Mississippi Union Rail Road Company;"
"An act supplemental to an act entitled an act concerning public records, approved Feb. 9, 1835."
"An act for the benefit of Simon M. Hubbard."
"An act to locate a state road from Peoria to Pekin, thence to intersect the road leading from Peoria to Springfield, and for other purposes;"
"An act to locate the state roads therein named."
"An act to establish a state road from Danville to Ottowa."
"An act, declaring the Little Wabash river, a navigable stream;"
"An act for the benefit of G. B. S. Kirkman, infant son of Thomas C. Kirkman."
"An act supplemental to an act making appropriations for the years 1835, and 1836, approved Feb. 13, 1835."
"An act to change a part of the State Road between Peoria and Galena, and Havana and Macomb."
"An act to lay out a state road from Chicago to Peoria."
"An act to amend an act concerning Public Roads."

And that said committee had laid said bills before the Council of Revision.

A message from the Council of Revision, by Mr. Sprigg their Secretary.

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"MR. SPEAKER, — The Council of Revision have approved bills of the following titles, to wit:
"An act to incorporate the Galena and Chicago Union Rail Road Company,"
"An act to incorporate the Mississippi, Springfield and Carrollton Rail Road Company."
"An act to incorporate the Central Branch Wabash Rail Road Company;"
"An act to incorporate the Pekin, Bloomington and Wabash Rail Road Company."
"An act to incorporate the Waverly and Grand Prairie Rail Road Company."
"An act to incorporate the stockholders of the Randolph Manufacturing Company."
"An act to incorporate the President and Trustees of the Mount Carmel Academy."
"An act for the relief of Timothy Guard and others."
"An act declaratory of the law in relation to the Road tax."
"An act providing for the sale of section 16, in township 3, south of range 8 west."
"An act supplemental to the several, acts relating to the Circuit Courts in this State;"
"An act supplemental to an act changing the terms of the Circuit Courts in the third Judicial circuit, passed at the present session of the General Assembly."
"An act fixing the terms of holding the Courts in the several counties therein named."
"An act to incorporate the Carlyle Bridge Company."
"An act to incorporate the Alton Shot and Lead Manufacturing Company;"
"An act to lay out a state road from Chicago to Peoria."
"An act for the benefit of Simon M. Hubbard."
"An act to locate a state road therein named."
"An act to incorporate the Chicago Hydraulic Company."
"An act supplemental to an act making appropriations for the years 1835 and 1836, approved Feb. 13, 1835."
"An act concerning the transcribing certain records;"
"An act to change a part of the state road between Peoria and Galena and Havana, and Macomb."
"An act to amend the several acts in relation to the Penitentiary."
"An act to locate a state road from the termination of the Indiana State road to Ottowa;"

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"An act to incorporate the Alton and Shawneetown Rail Road Company;"
"An act to incorporate the Illinois Exporting company"
"An act supplemental to an act entitled an act concerning public records, approved Feb. 9, 1835."
"An act to locate a state road therein named."
"An act to amend an act concerning public roads."
"An act to amend an act entitled an act to incorporate the Jacksonville and Meredosia Rail Road Company,""
"An act to locate a state road from Peoria to Pekin, thence to intersect the road leading from Springfield to Peoria and for other purposes."
"An act to establish a state road from Danville to Ottowa;" "An act to incorporate the Winchester, Lynnville, and Jacksonville Rail Road Company."
"An act to incorporate the Wabash and Mississippi Union Rail Road Company."
"An act declaring the Little Wabash river, a navigable stream."
"An act to incorporate the Shawneetown and Alton Rail Road Company."
"An act to lay out certain state roads in Morgan county;" And,
"An act to incorporate the Morgan county Mutual Fire Insurance Company;"

And he withdrew.

Mr. Turney proposed for adoption the following resolution, viz:
Resolved, That a select committee be appointed to wait upon the Governor, to inform him that the House of Representatives is now ready to adjourn, and to ask him if he has any further communication to make.

When,
On motion of Mr. Stuart,
The House adjourned sine die.

DAVID PRICKETT, Clerk of the House of Representatives.

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Proceedings Omitted in the Journal of 1834 & 1835.

Tuesday, February 3, 1835.

The following was omitted in the last Journal of the House of Representatives, and embraces a part of the 3d, the whole of the 4th, 5th, 6th, and a part of the 7th of February, 1835. It ought to have appeared after the name of "James M. Duncan, Clerk," in the last printed Journal, page 494.

Mr. Dawson moved to refer the communication from the Governor, and the accompanying documents to the committee on Finance.

Mr. Whiteside moved to refer them to the committee on the Judiciary.

Mr. Stuart moved to lay them on the table;
Which was agreed to.

Mr. Wyatt from the select committee to which was referred
The bill from the Senate entitled,
"An act for the construction of the Illinois and Michigan Canal;"
And the proposed amendment thereto;
Reported the same back to the House with sundry amendments,
Which were read; when,
On motion of Mr. Gregory,
Said bill and report were laid upon the table.

The amendments of the Senate to the bills entitled,
"An act, in relation to Bank Collectors," and

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"An act to locate a state road from Shelbyville to Chicago;"
Were severally read and concurred in.

Ordered, That the Clerk acquaint the Senate therewith.

The bills from the Senate entitled,
"An act appointing Commissioners to review so much of the state road leading from the county seat of Peoria to the state line of Indiana, as lies in the county of Tazewell."
"An act for the benefit of Samuel Thurston, deceased."
"An act making an appropriation for building a bridge across Hickory creek, on the state road leading from Vandalia to Salem."
"An act to authorise Ransom Higgins to build a toll-bridge across Pompas creek in Edwards county."
"An act to provide for the distribution and application of the interest on the School, College and Seminary Funds."
"An act to lay out a state road therein mentioned."
"An act for the relief of Thomas Redmond;"
And,
"An act to incorporate the Colleges therein named," Were severally read the first time; and
Ordered to a second reading.

On motion of Mr. Frazer,
The rule of the House was dispensed with, and
The bill from the Senate entitled,
"An act appointing Commissioners to review so much of the state road leading from the county seat of Peoria, to the state line of Indiana, as lies in the county of Tazewell;"
Was now read the second time by its title; and
On motion of Mr. Brown,
Referred to a select committee.

Ordered, That Messrs. Brown, Elliott and Carpenter of Sangamon, be that committee.

On motion of Mr. Thomas,
The rule of the House was dispensed with, and
The bill from the Senate, entitled,
"An act for the benefit of the heirs of Samuel Thurston, deceased."

Was read the second time by its title; and,
On the further motion of Mr. Thomas,
Referred to a select committee.

Ordered, That Messrs. Thomas, Tunnell and Link,

375

On motion of Mr. Frazer,
The rule of the House was dispensed with, and
The bill from the Senate entitled,
"An act to make an appropriation for building a bridge across Hickory creek on the state road leading from Vandalia to Salem;"
Was now read the second time by its title; and
On motion of Mr. Bowyer,
Referred to a select committee.

Ordered, That Messrs. Bowyer, Blackwell, and Frazer, be that committee.

On motion of Mr. Gordon,
The rule of the House was dispensed with, and
The bill from the Senate, entitled,
"An act to authorize Ransom Higgins to build a toll bridge across Pompas creek, in Edwards county;"
Was now read the second time by its title; and
On motion of Mr. Dubois,
Referred to a select committee.

Ordered, That Messrs. Dubois, Hunt and Carpenter of Hamilton, be that committee.

On motion of Mr. Moore,
The rule of the House was dispensed with, and
The bill from the Senate entitled,
"An act" to provide for the distribution and application of the interest on the School, College and Seminary Funds;"
Was now read the second time by its title; and
On motion of Mr. Dunn,
Referred to a committee of the Whole House.

On motion of Mr. Hamlin,
The rule of the House was dispensed with, and
The bill from the Senate entitled,
"An act to lay out a state road therein mentioned;"
Was read the second time by its title; and
On the further motion of Mr. Hamlin,
Referred to a select committee.

Ordered, That Messrs. Hamlin, Butler and Hackelton, be that committee.

On motion of Mr. Blackwell,
The rule of the House was dispensed with, and
The bill from the Senate entitled,
"An act for the relief of Thomas Redmond;"
Was now read the second time; and

376

On motion of Mr. Cunningham,
Referred to a select committee.

Ordered, That Messrs. Cunningham, Blackwell and Nunnally, be that committee.

On motion of Mr. Thomas,
The rule of the House was dispensed with, and
The bill from the Senate entitled,
"An act to incorporate the Colleges therein named;"
Was now read the second time by its title; and
On the further motion of Mr. Thomas,
Referred to a select committee.

Ordered, That Messrs. Thomas, Hughes, and Henry, be that committee.

The bill from the Senate entitled,
"An act in addition to an act entitled an act to provide for raising a revenue;"
Was read the first time, and
On motion of Mr. Wyatt,
Laid upon the table.

On motion of Mr. Wyatt,
Said bill was again taken up for consideration; and
Ordered to a second reading.

On motion of Mr. Hackelton,
The rule of the House was dispensed with; and
Said bill was now read the second time by its title; and
Referred to a select committee, consisting of
Messrs. Hackelton, Trower and Webb.

On motion of Mr. Gregory,
The House now resolved itself into a committee of the Whole House, to take into consideration,
The bill from the Senate entitled,
"An act to provide for the distribution and application of the interest on the School, College and Seminary Funds."

Mr. Dawson in the Chair;
And after some time spent therein,
Mr. Speaker resumed the Chair, and
Mr. Dawson reported, That the committee of the Whole House have, according to order, had said bill under consideration, and directed him to report the same back to the House without amendment.

Mr. Thomas moved to lay said bill upon the table;
Which was decided in the negative. — Yeas 20. Nays 34.

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The Yeas and Nays being called for:
By Messrs. Dawson and Rowan;
Those voting in the affirmative, are,
Messrs. Anderson, Blockburger, Bowyer, Carpenter of Hamilton, Clark, Cunningham, Dougherty, Ficklin, Fithian, Frazer, Harreld, Murphy, Nunnally, Oliver, Outhouse, Ross, Thomas, Thompson, Wren and Wyatt. — 20.

Those voting in the negative, are,
Messrs. Able, Blackwell, Brown, Butler, Carpenter of Sangamon, Cloud, Dawson, Dubois, Dunn, Elliott, Gregory, Gordon, Hackelton, Hamlin, Harris, Hampton, Henry, Hughes, Hunt, Hunter, Lincoln, Link, Manly, Moore, McGahey, Owen, Rowan, Stuart, Trower, Tunnell, Vandevanter, Whiteside, Webb and Mr. Speaker. — 34.

So the House refused to lay said bill upon the table.

Ordered to a third reading.

On motion of Mr. Carpenter of Hamilton,
The committee of the Whole House was discharged from the further consideration of the bill entitled,
"An act for the redemption and distribution of the Schoo Fund."

On the question,
Shall said bill be engrossed and read a third time?

It was decided in the negative. Yeas 25. Nays 29.

Messrs. Whiteside and Dubois, called for the Yeas and Nays:
Those voting in the affirmative, are,
Messrs. Anderson, Blockburger, Bowyer, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cunningham, Dougherty, Ficklin, Fithian, Frazer, Harreld, Hampton, Lincoln, Manly, Murphy, Nunnally, Oliver, Outhouse, Ross, Thompson, Thomas, Trower, Wren and Wyatt. — 25.

Those voting in the negative, are,
Messrs. Able, Blackwell, Brown, Butler, Cloud, Dawson, Dubois, Dunn, Elliott, Gregory, Gordon, Hackelton, Hamlin, Harris, Henry, Hughes, Hunt, Hunter, Link, Moore, McGahey, Owen, Rowan, Stuart, Tunnell, Vandevanter, Whiteside, Webb, and Mr. Speaker. — 29.

So the House refused to order said bill to be engrossed and read a third time.

On motion of Mr. Gregory,
The bill from the Senate entitled,

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"An act for the construction of the Illinois and Michigan Canal;"
Some time since laid upon the table;
Was now taken up for consideration.

The amendments of the select committee, were read and concurred in.

Mr. Whiteside moved to amend the 8th section of said bill, by striking out the word "five" before "Commissioners," and insert the word "three;"
Which was agreed to. — Yeas 45. Nays 6.

Messrs. Whiteside and Rowan, called for the Yeas and Nays.

Those voting in the affirmative, are,
Messrs. Able, Anderson, Blackwell, Blockburger, Bowyer, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Dawson, Dougherty, Dubois, Fithian, Frazer, Gordon, Hackelton, Harris, Harreld, Hampton, Henry, Hughes, Hunt, Hunter, Lincoln, Link, Manly, McGahey, Murphy, Nunnally, Oliver, Outhouse, Ross, Rowan, Stuart, Thomas, Thompson, Trower, Tunnell, Vandevanter, Whiteside, Webb, Wren, Wyatt and Mr. Speaker. — 45.

Those voting in the negative, are,
Messrs. Brown, Dunn, Elliott, Gregory, Hamlin, and Owen. — 6.

The bill then passed as amended.

Ordered, That the title of said bill be as aforesaid, that the clerk carry said bill to the Senate, and ask their concurrence to their amendments therein.

And then the House adjourned.

Wednesday, February 4, 1835.

House met pursuant to adjournment.

Mr. Henry from the select committee to which was referred
The bill from the Senate entitled,

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"An act relative to the town of Vandalia," together with the proposed amendments of the select committtee,
Reported the same back to the House without amendment, and recommended a rejection of the proposed amendments of the select committee, and the passage of the bill.

The question being taken,
Will the House concur with the select committee in the proposed amendments to the bill?

It was decided in the negative.

Ordered to a third reading.

On motion of Mr. Dawson,
The rule of the House was dispensed with, and
Said bill was now read the 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.

Mr. Webb arose and said:
It became his melancholy duty to announce to the House the decease of his honorable colleague, and one of its members, Major WILLIAM McHENRY; and whilst in the discharge of this duty his memory was constrained to dwell for a few moments on some portion of his past career. Sir, he was among the most prominent of those bold and enterprising pioneers of whom we speak so much, and of whom we are sometimes disposed to think perhaps too highly — who first disputed the mastery over these fair plains, and then unsubdued forests, with the ferocious beasts of prey, and still more ferocious savage. He was among the first to scatter far and wide the seeds of civilization over this fair portion of the fairest of the earth, and to risk his life in battle, his health by exposure and toil, that the present inhabitants of Illinois, may plant their farms in peace, and garner up their bountiful harvests in safety.

Sir, his merits were not overlooked by his compeers and neighbors; in the hour of danger he was called upon to lead them to battle; in the hour of doubt and difficulty, his council was put in requisition to advance their safety.

When danger was past, he was called by his fellow citizens of White, to represent their interests in the convention which framed that form of Government under which our State is so rapidly advancing to greatness and wealth; by those same fellow citizens,

380

who knew him long and well, he has been chosen with but two intermissions, a member of the first and every subsequent General Assembly of the State of Illinois.

If he could bring into the councils of his country but little erudition — but little creative genius which could originate bold plans and splendid schemes, he brought that, sir, which was of more indispensable necessity, and better suited to the wants of his people, a sound discriminating judgment, not easy to be lead astray, and an honesty of purpose impossible to be corrupted.

His life of unobtrusive usefulness is spent. He has fallen at a distance from the wife and children of his affections — his eyes have been closed not by strangers to his person or virtues, but still by strangers to his blood. But it has been his lot to die as he has lived, in the service of his country.

As some testimony of our high respect for the deceased, I would offer the following resolutions:
Resolved unanimously, That this House deeply lament the
death of WILLIAM McHENRY, ESQUIRE, a Representative from the county of White.

Resolved, That as a tribute of respect for the memory of William McHenry, Esq., the members of this House will wear crape upon the left arm for the space of thirty days.

Resolved, That the Rev. Newton Cloud, be requested to, preach a funeral discourse in the Representative Hall at three o'clock this day, on the occasion of the lamented decease of our fellow-member, William McHenry Esq; and that a committee of three be appointed to communicate this resolution to Mr. Cloud, and to make such other arrangements as they may deem suitable to the occasion.

Resolved, That as a further testimony of respect for the memory of our deceased fellow member, this House will now adjourn.

The Speaker appointed
Messrs. Webb, Dubois and Ficklin, the committee in pursuance of the 3d of the foregoing resolutions.

And then the House adjourned until 9 o'clock to-morrow morning.

381

Thursday, February 5, 1835.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled Bills, reported that on the 3d inst, they laid before the Council of Revision, a bill of the following title, viz:
"An act to incorporate the Jacksonville and Meredosia Rail Road Company."
Mr. Cloud from the committee on Enrolled Bills reported as correctly enrolled, bills of the following titles, viz:
"An act to lay out a road from Moses Thomas's in Champaign county, to Bloomington in McLean county."
"An act to locate a state road from Shelbyville to the Great Wabash river in Lawrence county, opposite Vincennes in Indiana."
"An act for the benefit of the persons therein named."
"An act relative to an appropriation from the avails of the Gallatin county Saline Lands for the benefit of Randolph county."
"An act to provide for the enclosing and guarding of Salt Petre caves in this State."
"An act declaring the road from Mount Vernon to New Nashville, a state road."
"An act concerning marks and brands."
"An act to authorize the county commissioners' court of Montgomery county, to change a certain state road therein named."
"An act to amend an act entitled an act to lay out a state road from Peoria to Chicago."
"An act to change the county line between Perry and Franklin counties."
"An act for the relief of the securities of Thomas Moore and others."
"An act for the benefit of Robert Ritchey."
"An act relative to the town of Vandalia."
"An act to amend an act entitled an act to provide for the election of Justices of the Peace and Constables, approved January 7, 1835."
"An act to revive and continue in force an act authorizing a review of a part of the Vincennes and Chicago road."

They also report as correctly enrolled,

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A report and resolution relative to a rail road from Miami Bay on Lake Erie, to the rapids of the Illinois river.

Also,
A resolution to Congress relative to an appropriation to improve the navigation of the Illinois river.

Also,
A resolution to Congress relative to the taxing of lands sold by the General Government.

Mr. Hughes from the committee on Public Accounts and Expenditures, to which was referred the communication of the Governor and accompanying documents in relation to the Canal Fund, &c.

Reported thereon and asked to be discharged from the further consideration of the subject.

On the question,
Shall said committee be discharged from the further consideration of the subject?

It was decided in the affirmative.

Mr. Hughes from the same committee to which was referred the resolution and accompanying documents, &c., relative to the settlement of the debt of the late Treasurer, James Hall, Esq.;

Reported thereon and asked to be discharged from the further consideration of said subject.

On the question,
Shall said committee be discharged from the further consideration of said subject?

It was decided in the affirmative.

Mr. Whiteside from the committee on Finance, to which was referred
The bill entitled,
"An act to amend an act concerning the public revenue, approved Feb. 37, 1833;" Reported the same back to the House without amendment; and recommended its passage.

On motion of Mr. Owen,
Referred to the committee on the Judiciary.

Mr. Thomas from the select committee to which was referred
The bill from the Senate entitled,
"An act for the benefit of the heirs of Samuel Thurston, deceased;"

383

Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to a third reading as amended.

On motion of Mr. Thomas,
The rule of the House was dispensed with, and said bill was now read a third time by its title, and passed.

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

Mr. Dubois from the select committee to which was referred
The bill from the Senate entitled,
"An act to authorise Ranson Higgins to build a toll-bridge across Pompas creek in Edwards county;"
Reported the same back to the House without amendment;
Ordered to a third reading.

Mr. Thomas from the select committee to which was referred
The bill from the Senate entitled,
"An act to incorporate the Colleges therein named;"
Reported the same back to the House without amendment;
Ordered to a third reading.

Mr. Hamlin from the select committee to which was referred
The bill from the Senate entitled,
"An act to lay out a state road therein mentioned;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered, That said bill be read a third time as amended.

Mr. Brown from the select committee to which was referred
The bill from the Senate, entitled,
"An act appointing Commissioners to review so much of the state road leading from the county seat of Peoria, to the state line of Indiana, as lies in the county of Tazewell;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered to a third reading as amended.

Mr. Manly from the select committee to which was referred the bill entitled,
"An act further to prevent gaming in this State;
" Reported the same back to the House without amendment;
Ordered to be engrossed for a third reading.

384

Mr. Clark from the select committee to which was referred
The bill from the Senate entitled,
"An act to amend an act appropriating a portion of the avails arising from the sale's of the Saline lands in Gallatin county to Internal Improvements, approved February 16, 1831;" together with the amendments proposed by the select committee;
Reported the same back to the House without amendment, and recommended a concurrence with the select committee in their proposed amendments;
Which were read and concurred in.

On motion of Mr. Gregory,
Referred to a select committee.

Ordered, That Messrs. Gregory, Hampton and Harreld, be that committee.

Mr. Wyatt from the select committee to which was referred
The bill from the Senate entitled,
"An act providing for the security of School Funds,"
Reported the same back to the House with sundry amendments;
Which were read and concurred in.

Mr. Gregory moved to amend the second section, by adding the following, viz:
"The inhabitants of a district in any county in this State, who shall have kept a school in conformity to the provisions of
"An act to provide for the application of the interest of the fund arising from the sale of the school lands belonging to the several townships in this State, approved Feb. 1st, 1833;"

And who have not made returns to the School
Commissioner of the county, strictly in conformity to the provisions of said act for the year 1834, may be allowed to report the schedule or schedules, to the School Commissioner, and draw their proportion of the township fund for said year;" and
On motion of Mr. Link,
Said bill and proposed amendments were
Referred to a select committee.

Ordered, That Messrs. Link, Webb and Carpenter of Hamilton, be that committee.

Mr. Cunningham from the select committee to which was referred

385

The bill from the Senate entitled,
"An act for the relief of Thomas Redmond;"
Reported the same back to the House without amendment, and recommended its passage.

Ordered to a third reading.

Mr. Gregory from the committee on Education, to which was referred
The bill from the Senate entitled,
"An act to amend an act entitled an act to provide for the application of the interest of the fund arising from the sale of the school lands belonging to the several townships in this State, approved March 1st, 1833;"
Reported the same back to the House without amendment; and recommended its passage.

Ordered to a third reading.

The bills from the Senate entitled,
"An act amending an act creating the county of Tazewell and the several acts supplemental thereto."
"An act for the altering the Vincennes and Chicago State Road."
"An act to locate a state road from Rushville to Monmouth."
"An act concerning Evidence."
And,
"An act concerning public records;"
Were severally read the first time; and
Ordered to a second reading.

On motion of Mr. Brown,
The rule of the House was dispensed with, and
The bill from the Senate, entitled,
"An act amending an act creating the county of Tazewell, and the several acts supplemental thereto;"
Was now read the second time by its title; and
On the further motion of Mr. Brown,
Referred to a select committee.

Ordered, That Messrs. Brown, Able and Carpenter of Sangamon, be that committee.

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

"MR. SPEAKER, — I am directed by the Senate to inform the House of Representatives, that they have concurred with the House in the passage of bills of the following titles, viz:

386

"An act relative to the Receiver of the Vermillion Saline Reserve and the Commissioner of the Gallatin Saline Lands."
"An act for the relief of Warren county."
"An act for the relief of the Sheriff of Union county."
"An act to incorporate the Peoria Bridge Company."
"An act to lay out a State Road from Greenville in Bond county, to Carlinville in Macoupin county."

They have also concurred with them in the passage of bills of the following titles, viz:
"An act concerning Estrays."
"An act to amend the Practice act of 1827;"
And,
"An act to incorporate the Alton Marine and Fire Insurance Company;"
As severally amended by them,
In which amendments they ask the concurrence of the House of Representatives.

They have passed bills of the following titles, viz:
"An act to amend an act to provide for the taking of the Census or enumeration of the inhabitants of this State."
"An act to incorporate the Alton Hotel Company."
"An act to locate a state road from Knoxville to New Boston;"
And,
"An act to establish the seat of Justice of Iroquois county."

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

They have indefinitely postponed the consideration of the bill from the House of Representatives, entitled,
"An act to limit the jurisdiction of Justices of the Peace."

They have concurred with the House of Representatives in the adoption of the resolution relative to the improvement of the navigation of the Cache river, in Johnson and Alexander counties.

They have laid upon the table until the 4th day of July next, the resolution from the House of Representatives, relative to the establishment of certain mail routes."

And then he withdrew.

The amendments of the Senate to the amendments of the House to the bill from the House of representatives entitled,
"An act concerning the state road therein named;"
Were read and concurred in.

Ordered, That the Clerk inform the Senate thereof,

387

A message from the Governor, by A. P. Field, Esq. Secretary of State.

"MR. SPEAKER, — I am directed by the Governor, to lay before the House of Representatives, a communication in writing."

And he withdrew.

The communication was read and is as follows, viz:

EXECUTIVE DEPARTMENT,
Vandalia, February 5th, 1835.

To the Honorable,
The Speaker of the House of Representatives;

SIR:— I beg leave to inform the House of Representatives, that the office of Judge of Probate has become vacant in the county of Greene.

I have the honor to be,
Sir, your most obedient servant

And,
On motion of Mr. Gregory,
Laid upon the table.

Mr. Dougherty from the select committee to which was referred the bill entitled,
"An act concerning the 16th section in Equality township, Gallatin county;"
Reported the same back to the House without amendment, and recommended a rejection of said bill; and
On motion of Mr. Rowan,
Referred to a select committee.

Ordered, That Messrs. Rowan, Dubois, and Hunter, be that committee.

Mr. Gregory proposed for adoption, the following resolution, viz:
Resolved by the House of Representatives, (the Senate concurring herein,) That both Houses will meet on Saturday next, at 2 o'clock in the Hall of the House of Representatives, and proceed to the election of a Judge of Probate for Greene county, and such other counties in which vacancies may have occurred.

On motion of Mr. Thomas,
Said resolution was laid upon the table.

388

On motion of Mr. Clark,
The rule of the House was dispensed with, and
The bill from the Senate entitled,
"An act for the altering of the Vincennes and Chicago state road;"
Was now read the second time by its title; and
On motion of Mr. Dubois,
Referred to a select committee.

Ordered, That Messrs. Dubois, McGahey and Elliott, be that committee.

On motion of Mr. Moore,
The rule of the House was dispensed with, and
The bill from the Senate entitled,
"An act concerning Evidence;"
Was now read the second time by its title; and
On motion of Mr. Thomas,
Referred to the committee on the Judiciary.

On motion of Mr. Ross,
The rule of the House was dispensed with, and
"An act concerning Public Roads;"
Was now read the second time by its title; and
On motion of Mr. Vandevanter,
Referred to a select committee.

Ordered, That Messrs. Vandevanter, Thomas and Ross, be that committee.

The House receded from their amendment to the amendment of the Senate, to the bill from the House entitled,
"An act to establish a state road from Crow's in the county of Morgan, by the way of Athens in Sangamon county, to Musick's Bridge on Salt Creek."

Ordered, That the Clerk inform the Senate thereof.

The amendments of the Senate to the bills from the House of Representatives, entitled,
"An act to provide for building a toll-bridge across the Little Calimic;"
And,
"An act to change the corporate powers of the town of Chicago;"
Were severally read and concurred in.

Ordered, That the Clerk inform the Senate thereof.

On motion of Mr. Wren,
The vote taken some days since upon
Ordering to a third reading,

389

The bill from the Senate entitled,
"An act concerning the School Fund;"
Was reconsidered.

Mr. Gregory moved to amend the bill by striking out the amendment of the House to said bill;
Which was not agreed to. — Yeas 13. — Nays 36.

Messrs. Carpenter of Sangamon, and Murphy, called for the Yeas and Nays, upon this motion; and
Those voting in the affirmative, are,
Messrs. Blackwell, Brown, Dubois, Dunn, Gregory, Hamlin, Henry, Hunter, Lincoln, McGahey, Vandevanter, Whiteside, and Webb. — 13.

Those voting in the negative, are,
Messrs. Able, Anderson, Blockburger, Bowyer, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Cunningham, Dougherty, Elliott, Ficklin, Fithian, Frazer, Gordon, Hackelton, Harris, Harreld, Hampton, Hunt, Moore, Murphy, Nunnally, Oliver, Outhouse, Owen, Ross, Rowan, Stuart, Thomas, Thompson, Trower, Wren, Wyatt and Mr. Speaker. — 36.

Mr. Carpenter of Hamilton moved to amend said bill by striking out all after the word "same" in the 9th line, and insert the following, viz:
"Said money there to remain until distributed for school purposes."

Mr. Gregory moved to amend the proposed amendment by adding at the end thereof, the following, viz:
"Which will be a sacrifice to the School Fund, of eighteen hundred dollars;" when,
On motion of Mr. Wren,
The bill and proposed amendments were referred to a select committee.

Ordered, That Messrs. Wren, Dunn and Outhouse, be that committee.

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

"MR. SPEAKER, — I am directed to inform the House of Representatives that the Senate have concurred in the amendment of the House to the bill from the Senate entitled,
"An act to revive and continue in force an act authorizing a review of a part of the Vincennes and Chicago State Road."

390

They have adopted a preamble and resolutions having for its object the appointment of a joint select committee of two from the Senate and three from the House of Representatives, to engage some suitable person to deliver an address in the Hall of the House on Saturday next, at 6 o'clock P. M.; in commemoration of the eminent services and character of the late Major William McHenry, and have appointed Messrs. Davidson and Edwards, the committee on their part.

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

And then he withdrew.

The preamble and resolutions were read, when,
On motion of Mr. Thomas,
The resolutions were amended by adding the following, viz:
Resolved, That a copy of the foregoing preamble and resolutions, be signed by the Speakers of the Senate and House of Representatives, respectively, and forwarded to the widow of the deceased.

The preamble and resolutions as amended, were then adopted.

Ordered, That Messrs. Webb, Ficklin and Rowan, be that committee on the part of the House, that the Clerk inform the Senate thereof, and ask their concurrence therein.

The amendments of the Senate to the bill from the House entitled,
"An act to establish the county seat of Rock Island county;"
Were read; and,
On motion of Mr. Hackelton,
Referred to a select committee.

Ordered, That Messrs. Hackelton, Hamlin and Vandevanter, be that committee.

The amendment of the Senate to the bill from the House entitled,
"An act to authorize Aurelia Hotchkiss, to sell or exchange a certain tract of land;"
Was read; when,
On motion of Mr. Nunnally,"
The bill was amended by adding the following to the second section, viz:

391

"And provided also, if the said Aurelia Hotchkiss shall exchange the said land as she is herein authorized to do, then it shall not be necessary for her to give bond as is required in the second section of this act."

The amendment of the Senate as amended by the House, was then concurred in.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence therein.

The amendments of the Senate to the bill from the House entitled,
"An act to remove the scat of Justice of Adams county."

Were read; when,
On motion of Mr. Ross,
Referred to a select committee.

Ordered, That Messrs. Ross, Dougherty and Able, be that committee.

The engrossed bills entitled,
"An act for the relief of the infant heirs of Eli Paine, deceased."
"An act for the benefit of the infant heirs of Robert B.Murphy, late of Perry county, deceased."
"An act altering the State Road from Vincennes to St.Louis:"
And,
"And act to change part of the State Road leading from Equality to Mount Vernon;"
Were severally read the third time and passed.

Ordered, That the titles of the foregoing bills be as aforesaid, that the clerk inform the Senate thereof and ask their concurrence therein.

The engrossed bill entitled,
"An act to amend an act concerning Shawneetown;"
Was read the third time and passed.

On motion of Mr. Rowan,
The title of said bill was amended so as to read,
"An act to amend an act concerning the Trustees of Shawneetown."

Ordered, That the title of the bill be as amended, that the clerk carry said bill to the Senate, and ask their concurrence therein.

The bill from the Senate entitled,
"An act to extend for a limited time the charter of the Bank of Illinois at Shawneetown;"

392

Was read the third time.

Mr. Murphy moved to amend the bill, by adding at the end thereof, the following:
Provided, A bonus of one per cent be paid to the State Treasury on the Capital Stock, to be paid by yearly instalments, to be applied to the disbursement of the State debt, for which said Bank shall not in anywise hereafter be taxed."

Mr. Thomas moved to amend the amendment, by striking out all after the word "Provided," and insert the following, viz;
"That said Bank shall pay into the State Treasury, to be used for State purposes, as a bonus, two per cent upon the profits and dividends arising from the business of said Bank."

Mr. Whiteside moved to refer the bill and proposed amendments to a select committee;
Which was not agreed to.

When,
On motion of Mr. Dunn,
The same were referred to a select committee of five.

Ordered, That Messrs. Dunn, Rowan, Bowyer, Frazer and Clark be that committee.

And then the House adjourned until 2 o'clock, P. M.

Two o'clock, P. M.

House met pursuant to adjournment.

The bill from the Senate entitled,
"An act for the benefit of Peter Warren, John Storm, and Andrew Caldwell;"
As amended,
Was read a third time.

Mr. Frazer moved to refer the bill to a select committee;
Which was not agreed to.

On the question,
Shall said bill pass as amended?

It was decided in the negative. — Yeas 13. — Nays 36.

The Yeas and Nays being called for on this question:

393

Those voting in the affirmative, are,
Messrs. Blackwell, Cunningham, Gordon, Harris, Lincoln, Link, Owen, Stuart, Thomas, Trower, Vandevanter, Wyatt, and Mr. Speaker. — 13.

Those voting in the negative, are,
Messrs. Able, Anderson, Blockburger, Bowyer, Brown, Butler, Carpenter of Hamilton, Clark, Cloud, Dawson, Dougherty, Dubois, Dunn, Elliott, Fithian, Frazer, Gregory, Hamlin, Harreld, Hampton, Henry, Hughes, Hunt, Hunter, Manly, Moore, McGahey, Murphy, Nunnally, Outhouse, Owen, Ross, Rowan, Thompson, Tunnell, and Webb. — 36.

A Message from the Council of Revision, by Mr. Brown, their Secretary.

"MR. SPEAKER, — The Council of Revision have approved bills of the, following titles, viz:
"An act concerning Public Roads;" and
"An act to incorporate the Jacksonville and Meredosia Rail Road Company."

And he withdrew.

The bill from the Senate entitled,
"An act to provide for the distribution and application of the interest on the School, College and Seminary Funds;"
Was read the third time and passed.

Ordered, That the title of the bill be as aforesaid, and that the clerk inform the Senate thereof.

On motion of Mr. Gregory,
The bill entitled,
"An act to provide for the distribution and application of the several school funds;"
Was laid upon the table.

The bill entitled,
"An act concerning Public Officers;"
Was read the second time,
Mr. Gordon moved to refer the bill to a select committee;
Which was not agreed to When,
On motion of Mr. Moore,
The bill was referred to the committee on Finance.

The bills entitled,
"An act declaring the road from Mount Vernon to Fairfield a State Road."
"An act to amend an act entitled an act concerning Attorneys and Counsellors at Law, approved March 1st, 1833."

394

"An act for the relief of a person therein named."
And,
"An act to change the name of Claiborne Elder;"
Were severally read the second time; and
Ordered to be engrossed for a third reading.

The bill entitled,
"An act for the relief of the persons therein named;"
Was read the second time.

Mr. Dougherty moved to refer said bill to a select committee;
Which was not agreed to When,
On motion of Mr. Dougherty,
Referred to the committee on the Judiciary.

The bill entitled,
"An act" providing for the education of orphan children;"
Was read the second time; and
On motion of Mr. Gregory,
Referred to the committee on Education.

The bill entitled,
"An act to repeal certain parts of an act making appropriations for the years 1833 and 1834, approved March 2, 1833;"

Was read the second time; and
On motion of Mr. Dunn,
Laid upon the table.

The bill entitled,
"An act for the purposes therein named,"
Was read the second time, and
On motion of Mr. Trower,
Referred to a select committee.

Ordered, That Messrs. Trower, Cloud and Cunningham, be that committee.

Mr. Ross from the select committee to which was referred the bill entitled,
"An act to remove the seat of Justice of Adams county;" with the amendment of the Senate thereto;
Reported the same back to the House with an amendment to the amendment of the Senate;
Which was read and concurred in.

Ordered, That the Clerk inform the Senate, thereof, and ask their concurrence therein.

The bills from the Senate entitled,
"An act to establish the county seat of Iroquois county;"

395

"An act to amend an act to provide for the taking of the Census or enumeration of the inhabitants of this State."
"An act to locate a state road from Knoxville to New Boston;"
And,
"An act to incorporate the Alton Hotel Company;"
Were severally read the first time; and
Ordered to a second reading.

On motion of Mr. Fithian,
The rule of the House was dispensed with, and
The first of the foregoing bills,
Was now read the second time by its title; and
Ordered to a third reading.

On motion of Mr. Dougherty,
The rule of the House was dispensed with, and
The second of the foregoing bills,
Was now read the second time by its title; and
On motion of Mr. Dawson,
Referred to a select committee.

Ordered, That Messrs. Dawson, Vandevanter and Able, be that committee.

On motion of Mr. Butler,
The rule of the House was dispensed with, and
The third of the foregoing bills,
Was read the second time by its title; and,
On motion of Mr. Butler,
Referred to a select committee.

Ordered, That Messrs. Butler, Owen and Hackelton, be that committee.

On motion of Mr. Rowan,
The rule of the House was dispensed with, and
The last of said bills was read the second time by its title; and,
On motion of Mr. Thomas,
Referred to a select committee.

Ordered, That Messrs. Thomas, Able and Harris, be that committee.

Mr. Wren from the select committee to which was referred
The bill from the Senate entitled,
"An act concerning the School Fund;"
And amendments proposed thereto.

Reported the same back to the House without amendment,

396

and recommended a rejection of the proposed amendments thereto.

On the question,
Will the House adopt the amendment to the amendment?
It was agreed to.

Mr. Carpenter of Hamilton moved to amend, by striking out the proposed amendment as amended, and insert the following, viz:
"Said money shall remain in the State Treasury, until otherwise appropriated."

A division of the question being called for:
The question was then taken on striking out;
And decided in the affirmative.

The question was then taken on inserting the proposed amendment;
And decided in the negative.

The question was then put?
Shall the bill be read the third time as amended?
The Yeas and Nays being called for on this question, by Messrs. Ficklin and Cunningham;
Those voting in the affirmative, are,
Messrs. Able, Black well, Blockburger, Brown, Cloud, Dawson, Dubois, Dunn, Elliott, Frazer, Gregory, Gordon, Hackelton, Hamlin, Harris, Harreld, Henry, Hunt, Hunter, Lincoln, Link, Manly, Moore, McGahey, Oliver, Tunnell, Vandevanter, Whiteside, Webb, Wyatt and Mr. Speaker. — 31.

Those voting in the negative, are,
Messrs. Anderson, Bowyer, Butler, Carpenter of Hamilton, Clark, Cunningham, Dougherty, Ficklin, Fithian, Hampton, Murphy, Nunnally, Outhouse, Owen, Ross, Rowan, Thomas, Thompson, and Wren. — 19.

So the bill was ordered to a third reading.

On motion of Mr. Blockburger,
The rule of the House was dispensed with, and said bill
Was now read the third time by its title.

The question was then put,
Shall said bill pass?

Messrs. Carpenter of Hamilton and Cunningham, called for the Yeas and Nays upon the passage of this bill:
Those voting in the affirmative, are,
Messrs. Able, Blackwell, Blockburger, Brown, Carpenter of Sangamon, Clark, Cloud, Dawson, Dubois, Dunn, Elliott, Frazer Gregory, Gordon, Hackelton, Hamlin, Harris, Harreld,

397

Henry, Hunt, Hunter, Lincoln, Link, Manly, Moore, McGahey, Oliver, Rowan, Stuart, Thompson, Tunnell, Vandevanter, Whiteside, Webb, Wyatt and Mr. Speaker. — 36.

Those voting in the negative, are,
Messrs. Anderson, Bowyer, Butler, Carpenter of Hamilton, Cunningham, Dougherty, Ficklin, Fithian, Hampton, Murphy, Nunnally, Outhouse, Owen, Ross, and Thomas. — 15.

So said bill passed as amended.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence therein.

The amendments of the Senate to the bill from the House entitled,
"An act to incorporate the Alton and Marine Fire Insurance Company."
"An act to amend the Practice Act of 1827;"
And,
"An act concerning Estrays;"
Were severally read and concurred in.

Ordered That the Clerk acquaint the Senate therewith.

Mr. Cloud from the committee on Enrolled Bills, reported that they have this day laid before the Council of Revision bills of the following titles, viz:
"An act for the benefit of Robert Ritchey;"
"An act for the relief of the securities of Thomas Moore and others."
"An act relative to the town of Vandalia."
"An act to amend an act entitled an act to provide for the election of Justices of the Peace and Constables, approved Jan. 7, 1835."
"An act to revive and continue in force, an act authorizing a review of a part of the Vincennes and Chicago State Road."
"An act to lay out a road from Moses Thomas's in Champaign county, to Bloomington in McLean county."
"An act to locate a State Road from Shelbyville to the Great Wabash river in Lawrence county, opposite Vincennes in Indiana."
"An act for the benefit of the persons therein named."
"An act relative to an appropriation from the avails of the Gallatin county Saline Lands, for the benefit of Randolph county."

398

"An act to provide for the enclosing and guarding of Salt Petre Caves in this State."
"An act declaring the road from Mount Vernon to New Nashville, a State Road."
"An act, concerning marks and brands."
"An act to authorize the county commissioners' court of Montgomery county, to change a certain state road therein named."
"An act to amend an act entitled an act to lay out a state road from Peoria to Chicago."
"An act to change the county line between Perry and Franklin counties."

The report and resolution in relation to a rail road from the Miami Bay on Lake Erie, to the rapids of the Illinois river.

The resolution on the subject of taxing lands sold by the United States;
And the resolution on the subject of an appropriation to improve the navigation of the Illinois River, Were severally handed over to the Governor.

And then the House adjourned.

Friday, February, 6, 1835.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled Bills, reported as correctly enrolled, bills of the following titles, viz:
"An act to incorporate the Carmi Bridge Company."
"An act to repeal so much of the law as grants preemption rights to settlers on Seminary Lands."
"An act to change a state road therein named."
"An act for the relief of the widow and heirs of Christopher Whitman."
"An act regulating Schools in township 39 north, range 14 east."
"An act concerning the sale of certain school lands situated in the county of Tazewell."

399

"An act concerning Religious Societies."
"An act to authorize the sale of certain school lands therein named."
"An act to change apart of the state road from Springfield to Alton."

Mr. Vandevanter from the select committee to which was referred
The bill from the Senate entitled,
"An act declaring Crooked Creek in Schuyler county, a navigable stream;"
Reported the same back to the House without amendment;
Ordered to a third reading.

Mr. Rowan from the select committee to which was referred the bill entitled,
"An act concerning the 16th section in Equality township, Gallatin county;" with the proposed amendment;
Reported the same back to the House with a substitute;
Which was read.

Mr. Dougherty moved to amend said bill by adding after the words "to select," the following, viz:
"As many acres of land as has been sold by the State, out of said section, numbered sixteen;"
Which was not agreed to. — Yeas 21. — Nays 24.

Messrs. Dougherty and Clark, called for the Yeas and Nays upon this question:
Those voting in the affirmative, are,
Messrs. Able, Anderson, Blockburger, Bowyer, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Cloud, Cunningham, Dawson, Dougherty, Frazer, Gordon, Harris, Moore, Murphy, Nunnally, Oliver, Outhouse, Tunnell and Wren. — 21.

Those voting in the negative, are,
Messrs. Brown, Butler, Dubois, Dunn, Elliott, Fithian, Hackelton, Harreld, Hampton, Henry, Hughes, Hunt, Lincoln, Owen, Ross, Rowan, Stuart, Thomas, Thompson, Trower, Vandevanter, Webb, Wyatt and Mr. Speaker. — 24.

Mr. Clark moved to amend the report of the select committee, by adding at the end of the 1st section, the following, to wit:
"All of which shall be selected in the same section."
Mr. Moore moved to lay said bill, substitute and proposed amendment on the table until the 10th day of June;
Which was not agreed to.

400

The question being taken upon the proposed amendment;
It was agreed to.

Mr. Rowan moved to re-commit said bill to a select committee;
Which was not agreed to.

The substitute as amended was then concurred in.

Ordered to be engrossed for a third reading.

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

MR. SPEAKER, — I am directed to inform the House of Representatives, that the Senate have refused to read the third time, The bill from the House of Representatives, entitled,
"An act to amend an act entitled an act regulating mills and millers, approved Feb. 9, 1827."

They have concurred with the House of Representatives, in their amendment to
The bill from the Senate entitled,
"An act concerning the School Fund."

They have passed a bill of the following title, viz:
"An act to establish a State Road from Equality to McLeansboro';"
In the passage of which they ask the concurrence of the House of Representatives."

And he withdrew.

Mr. Dubois from the select committee to which was referred
The bill from the Senate entitled,
"An act for the altering of the Vincennes and Chicago State Road;"
Reported the same hack to the House with an amendment;
Which was read and concurred in.

Ordered to a third reading as amended.

On motion of Mr. Fithian,
The rule of the House was dispensed with, and
Said bill was now read the third time by its title, and passed as amended.

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

Mr. Cloud from the committee on Enrolled Bills, reported that they this day, laid before the Council of Revision, bills of the following titles, viz;

401

"An act to incorporate the Carmi Bridge Company."
"An act to repeal so much of the law as grants preemption rights to settlers on Seminary Lands."
"An act to change a state road therein named."
"An act for the relief of the widow and heirs of Christopher Whitman."
"An act regulating Schools in township 39 north, range 14 east."
"An act concerning the sale of certain School Lands situated in the county of Tazewell."
"An act concerning Religious Societies."
"An act to authorize the sale of certain School Lands therein named."
"An act to change a part of the state road from Springfield to Alton."

Mr. Dunn from the same committee to which was referred the bill entitled,
"An act to amend an act concerning the public revenue, approved Feb. 37th 1833;"
Reported the same back to the House with sundry amendments;
Which were read and concurred in.

Ordered to be engrossed for a third reading.

Mr. Dunn from the same committee to which was referred the bill entitled,
"An act to amend an act simplifying proceedings at law for the collection of debts, approved Feb, 25, 1833;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Mr. Wyatt moved to lay said bill upon the table;
Which was agreed to.

The bill from the Senate entitled,
"An act to establish a State Road from Equality to McLeansboro';"
Was read the first time, and
Ordered to a second reading.

On motion of Mr. Rowan,
The rule of the House was dispensed with, and
Said bill was now read the second time by its title; and
On the further motion of Mr. Rowan,
Referred to a select committee.

Ordered, That Messrs. Rowan, Hunt and Carpenter of Hamilton, be that committee.

402

On motion of Mr. Dubois,
The rule of the House was dispensed with, and
The bill from the Senate, entitled,
"An act to authorise Ransom Higgins to build a toll-bridge across Bonpas creek in Edwards county."
"Was read the 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.

The bill from the Senate, entitled,
"An act to incorporate the Colleges therein named;"
Was read the third time; and
On motion of Mr. Dougherty,
Referred to a select committee.

Ordered, That Messrs. Dougherty, Whiteside and Henry, be that committee.

The bills from the Senate entitled,
"An act to lay out a state road therein mentioned,"
"An act for the relief of Thomas Redmond;"
"An act to amend an act entitled an act to provide for the application of the interest of the fund arising from the sale of the school lands belonging to the several counties in this State, approved March 1st, 1833;"
Were severally read the third time and passed; the two former as amended by them.

Ordered, That the titles of said bills be as aforesaid, that the Clerk carry said bill to the Senate, and ask their concurrence in their amendments to the two first bills.

The bill from the Senate entitled,
"An act appointing Commissioners to review so much of the state road leading from the county seat of Peoria, to the state line of Indiana, as lies in the county of Tazewell;"
Was read the third time and passed as amended.

On motion of Mr. Ross,
The title of said bill was amended, by adding at the end thereof, "and for other purposes."

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

The engrossed bills entitled,
"An act declaring the road from Mount Vernon to Fairfield a State Road."
"An act for the relief of the person therein named;"
And,

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"An act to change the name of Claiborne Elder;"
Were severally read the third time and passed.

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

The engrossed bill entitled,
"An act further to prevent gaming in this State;"
Was read a third time and passed.

The Yeas and Nays being called for on the passage of the bill by Messrs. Hughes and Bowyer:
Those voting in the affirmative, are,
Messrs. Blockburger, Bowyer, Brown, Butler, Carpenter of Hamilton, Carpenter of Sangamon,Clark, Cloud, Cunningham, Dawson, Dougherty, Elliott, Ficklin, Fithian, Gregory, Hackelton, Hamlin, Harris, Harreld, Hampton, Henry, Hughes, Hunt, Lincoln, Link, Moore, McGahey, Nunnally, Oliver, Outhouse, Owen, Rowan, Stuart, Thompson, Trower and Wren. — 36.

Those voting in the negative, are,
Messrs. Able, Anderson, Blackwell, Dunn, Ross, Thomas, and Mr. Speaker. — 7.

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

The engrossed bill entitled,
"An act to amend an act entitled an act concerning Attorneys and Counsellors at Law, approved March 1st, 1833;"
Was read the third time.

Mr. Manly moved to refer said bill to a select committee.

Which was not agreed to.

The question was then put,
Shall the bill pass?

And decided in the negative.

And then the House adjourned until two o'clock, P. M.

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2 o'clock P. M.

House met pursuant to adjournment.

Mr. Cloud from the committee on Enrolled Bills reported as correctly enrolled, a bill of the following title, viz:
"An act concerning the School Fund;"
The bill from the Senate entitled,
"An act to remove the seat of Justice of Iroquois county;"
Was read the third time and passed.

Ordered, That the title of the bill be as aforesaid, and that the Clerk inform the Senate thereof.

The engrossed bill entitled,
"An act to improve the navigation of the Sangamon river;"
Was read the third time and passed.

On motion of Mr. Lincoln,
The title of said bill was so amended as to read
"An act to authorize a special election in Sangamon county."

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

The bill from the Senate entitled,
"An act to Locate a State Road from Rushville to Monmouth;"
Was read the second time; and
On motion of Mr. Butler,
Referred to a select committee.

Ordered, That Messrs. Butler, Owen and Hackelton, be that committee.

Mr. Frazer from the select committee to which was referred
The bill from the Senate, entitled,
"An act to make an appropriation for building a bridge across Hickory Creek, on the State Road leading from Vandalia to Salem;"
Reported the same back to the House without amendment, and recommended its passage.

Mr. Bowyer moved to amend the bill by adding the following as a third section, viz:
"And the sum of one hundred and fifty dollars be appropriated out of the funds arising from the sales of lots in the town

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of Vandalla, for the purpose of building a Bridge across Middle Fork of Muddy, where the State Road leading from Vandalia to Frankfort crosses said creek; said sum of money to be disposed for the object specified under the direction of the County Court of Franklin county; and as soon as the said bridge is completed, the Commissioners shall certify the same to the Auditor of Public Accounts, and he shall issue his warrant on the Treasurer for the same, in the name of the county court of Franklin county."

Mr. Blockburger moved to amend the amendment, by adding the following, viz:
"And also the sum of, $200, to build a bridge across the East Fork of Shoal Creek in the county of Montgomery, on the road from Vandalia to Springfield."

Mr. Wren moved to lay said bill and proposed amendments upon the table until the 4th day of July next.

Mr. Blockburger moved to refer said bill and proposed amendments to a select committee;
Which was not agreed to.

The question being taken upon laying said bill and proposed amendments on the table until the 4th day of July next.

It was decided in the affirmative.

A message from the Senate by Mr. Davis their Assistant Secretary.

"Mr. SPEAKER:— I am directed to inform the House of Representatives that the Senate have concurred with them in their amendment to the preamble and resolutions from the Senate, relative to the appointment of a select committee to engage some suitable person to deliver an address on Saturday next, at 6 o'clock, P. M., in the Hall of the House, commemorative of the eminent services and character of the late Major McHenry."

And he withdrew.

On motion of Mr. Whiteside,
Resolved by the House of Representatives, That the Senate be respectfully requested to send back to the House of Representatives, a bill for
"An act for the construction of the Illinois and Michigan Canal;"
Ordered, That the clerk inform the Senate thereof.

Mr. Gregory from the select committee to which was referred

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The bill from the Senate entitled,
"An act to amend an act appropriating a portion of the avails arising from the sale of the Saline lands in Gallatin county, to Internal Improvements, approved Feb. 16, 1831;"
Reported the same back to the House with an amendment;
Which was read and concurred in.

Ordered, That said bill be read a third time as amended.

Mr. Webb from the joint select committee appointed to engage some suitable person to deliver an address in the Hall of the House of Representatives on Saturday next at 6 o'clock P. M.

Reported that they had discharged that duty — have requested Col. A. P. Field to deliver such address, and herewith lay before the House a communication from Col. Field, according to their request.

Mr. Dawson from the select committee, to which was referred the bill from the Senate entitled,
"An act to amend an act to provide for the taking of the census or enumeration of the inhabitants of this State;"
Reported the same back to the House without amendment;
On the question,
Shall the bill be ordered to a third reading?

It was decided in the negative.

Ordered, That the Clerk inform the Senate thereof.

Mr. Dougherty from the select committee to which was referred
The bill from the Senate entitled,
"An act to incorporate the Colleges therein named;"
Reported the same back to the House with sundry amendments;
Which were read;
A division of the question being called for upon each amendment;
A further division of the question was called for on striking out the word "Illinois," the name of the College.

The question was then put on striking out the word "Illinois."

The Yeas and Nays being called for by
Messrs. Dougherty and Ficklin, on this question:
Those voting in the affirmative, are,
Messrs. Andcrson, Blockburger, Bowyer, Carpenter of Hamilton, Carpenter of Sangamon, Clark, Dawson, Dougherty, Dunn, Nunnally, Oliver, Owen and Thompson. — 13.

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Those voting in the negative, are,
Messrs. Able, Blackwell, Butler, Cloud, Dubois, Ficklin, Frazer, Gregory, Gordon, Hackelton, Hamlin, Harris, Harreld, Hampton, Henry, Hughes, Hunt, Lincoln, Manly, Moore, McGahey, Ross, Rowan, Stuart, Thomas, Trower, Vandevanter, Whiteside, Webb, Wren, Wyatt and Mr. Speaker. — 32.

So the House refused to strike out.

The amendment was then concurred in.

Mr. Nunnally moved to lay the bill on the table until the 4th day of July next.

And decided in the negative. — Yeas 12. — Nays 33.

The Yeas and Nays were called for on this question, by Messrs. Manly and Nunnally;
Those voting in the affirmative, are,
Messrs. Anderson, Bowyer, Carpenter of Hamilton, Carpenter of Sangamon, Dawson, Hughes, Nunnally, Owen, Thompson, Vandevantor, Wren, and Wyatt — 12.

Those voting in the negative, are,
Messrs. Able, Blackwell, Brown, Butler, Clark, Cloud, Dougherty, Dubois, Dunn, Elliott, Ficklin, Fithian, Frazer, Gregory, Gordon, Hackelton, Hamlin, Harris, Harreld, Hampton, Henry, Hunt, Lincoln, Link, Manly, McGahey, Ross, Rowan, Thomas, Trower, Whiteside, Webb and Mr. Speaker. — 33.

Mr. Wyatt moved to amend the bill by adding at the end thereof the following, viz:
"Provided, nevertheless, That all the real and personal property of the Trustees as aforesaid, shall be bound in law and in equity, for all the contracts which they shall create for said corporations, any law to the contrary notwithstanding."

The Yeas and Nays being called for on this amendment, by Messrs. Wyatt and Nunnally:
Those voting in the affirmative, are, Messrs. Anderson, Blockburger, Bowyer, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dawson, Harris, Hampton, Nunnally, Oliver, Owen, Trower, Whiteside, Wren, Wyatt and Mr. Speaker. — 17.

Those voting in the negative, are,
Messrs. Blackwell, Brown, Butler, Clark, Dougherty, Dubois, Dunn, Elliott, Ficklin, Fithian, Frazer, Gregory, Gordon, Hackelton, Hamlin, Harreld, Henry, Hughes, Hunt

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Lincoln, Link, Manly, McGahey, Murphy, Ross, Rowan, Stuart, Thomas, Thompson, Vandevanter, and Webb. — 31.

So the House refused so to amend the bill.

Mr. Bowyer moved to amend the bill by adding at the end thereof, the following, viz:
"Provided, That this act shall not be so construed as to allow any compensation for services rendered in said corporation for teaching any poor child, who may request to go to the above named Colleges to procure an Education."

Which was not agreed to. — Yeas 13. Nays 33.

Messrs. Wyatt and Nunnally called for the Yeas and Nays on this amendment.

Those voting in the affirmative, are,
Messrs. Bowyer, Carpenter of Sangamon, Harris, Hampton, Nunnally, Oliver, Owen, Thompson, Trower, Whiteside, Wren, Wyatt, and Mr. Speaker. — 13.

Those voting in the negative, are,
Messrs. Anderson, Blackwell, Blockburger, Brown, Butler, Clark, Cloud, Dawson, Dougherty, Dubois, Dunn, Elliott, Ficklin, Frazer, Fithian, Gregory, Gordon, Hackelton, Hamlin, Henry, Hughes, Hunt, Lincoln, Link, Manly, McGahey, Murphy, Ross, Rowan, Stuart, Thomas, Vandevanter, and Webb. — 33.

Mr. Webb moved the previous question;
On the question,
Shall the main question be now put?

It was decided in the affirmative.

The question was then put,
Shall said bill pass as amended?

It was decided in the affirmative. — Yeas 30. — Nays 18.

The Yeas and Nays being called for on the passage of the bill, by Messrs. Nunnally and Manly:
Those voting in the affirmative, are,
Messrs. Blackwell, Blockburger, Brown, Butler, Clark, Dougherty, Dubois, Dunn, Elliott, Ficklin, Fithian, Frazer, Gregory, Gordon, Hackelton, Hamlin, Harreld, Hunt, Link, Manly, McGahey, Murphy, Ross, Rowan, Thompson, Thomas, Trower, Whiteside, Webb and Mr. Speaker. — 30.

Those voting in the negative, are,
Messrs, Anderson, Bowyer, Carpenter of Hamilton, Carpenter of Sangamon, Cloud, Dawson, Harris, Hampton, Henry, Hughes, Lincoln, Nunnally, Oliver, Owen, Stuart, Vandevanter, Wren and Wyatt. — 18.

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So the bill passed as amended.

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

On motion of Mr. Blockburger,
The resolution proposed by him some days since, which was laid upon the table, in relation to the rescinding of the joint resolution, having for its object the adjournment of this General Assembly;
Was taken up.

On motion of Mr. Thomas,
The resolution was amended by striking out the word "next" and inserting "instant;" and adding at the end thereof the words "except so much as relates to the reception of new business."

The resolution as amended, was then adopted.

Ordered, That the Clerk inform the Senate thereof, and ask their concurrence therein.

Mr. Dunn from the committee on the Judiciary, to which was referred the bill entitled,
"An act for the relief of the persons therein named;"
Reported the same back to the House with an amendment; when,
The House adjourned.

Saturday, February 7, 1835.

House met pursuant to adjournment.

Mr. Rowan moved that the House adjourn until 10 o'clock A. M.

Which was not agreed to.

Mr. Cloud from the committee on Enrolled Bills, reported that on the 6th inst, they laid before the Council of Revision, a bill of the following title, viz:
"An act in relation to the School Fund."

Mr. Cloud from the committee on Enrolled Bills, reported as correctly enrolled, bills of the following titles, viz:

410

"An act to incorporate the Alton Marine and Fire Insurance Company;"
"An act relative to the Receiver of the Vermillion Saline Reserve and the Commissioner of the Gallatin Saline Lands."
"An act relative to Bank Collectors."
"An act to locate a State Road from Shelbyville to Chicago."
"An act to lay out a State Road from Greenville in Bond county, to Carlinville in Macoupin county."
"An act to amend the Practice act of 1827;"
"An act to prevent trespassing on the Canal Lands of this State."
"An act for the benefit of the widow and heirs of Reuben Goddard, deceased."
"An act to locate a state road therein named, and for other purposes."
"An act for the relief of Warren county."
"An act for the relief of the Sheriff of Union county."
"An act to provide for the distribution and application of the interest on the School, College and Seminary Funds;"
"An act for the relief of Thomas Redmond;"
"An act to amend an act entitled an act to provide for the application of the interest of the fund arising from the sale of the school lands belonging to the several townships in this State, approved March 1st, 1833;"
And,
The resolutions in relation to the improvement of the navigation of the Cache River.

Mr. Whiteside from the committee on Finance, to which was referred the bill entitled,
"An act supplemental to an act concerning the county of Fulton, approved Feb. 25, 1833;"
Reported the same back to the House without amendment, and recommended its passage.

Ordered to be engrossed for a third reading.

A Message from the Council of Revision, by Mr. Brown, their Secretary.

"MR. SPEAKER, — The Council of Revision have approved bills of the following titles, viz:
"An act to authorize the county commissioners' court of Montgomery county, to change a certain state road therein named."

411

"An act for the relief of the securities of Thomas Moore and others."
"An act for the benefit of Robert Ritchey;"
"An act relative to an appropriation from the avails of the Gallatin county Saline Lands, for the benefit of Randolph county."
"An act to provide for the enclosing and guarding of Salt Petre Caves in this State."
"An act to change the county line between Perry and Franklin counties."
"An act to amend an act entitled an act to lay out a state road from Peoria to Chicago."
"An act, concerning marks and brands."
"An act declaring the road from Mount Vernon to New Nashville, a State Road."
"An act to amend an act entitled an act to amend an act to provide for the election of Justices of the Peace and Constables, approved Jan. 7, 1835."
"An act to revive and continue in force, an act authorizing a review of a part of the Vincennes and Chicago State Road."
"An act to lay out a road from Moses Thomas's in Champaign county, to Bloomington in McLean county."
"An act relative to the town of Vandalia."
"An act to locate a State Road from Shelbyville to the Great Wabash river in Lawrence county, opposite Vincennes in Indiana."
"An act to incorporate the Carmi Bridge Company."
"An act to change a state road therein named."
"An act to change so much of the law as grants preemption rights to settlers on Seminary Lands."
"An act to change a part of the state road from Springfield to Alton."
"An act to authorize the sale of certain school lands therein named."
"An act concerning Religious Societies."

And he withdrew.

Mr. Vandevanter from the select committee to which was referred
The bill from the Senate entitled,
"An act concerning Public Roads;"
Reported the same back to the House without amendment;
Ordered to a third reading.

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On motion of Mr. Hackelton,
The rule of the House was dispensed with, and
Said bill was now real the 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.

The amendments reported on last evening by the committee on the Judiciary, to the bill entitled,
"An act for the relief of the persons therein named;"
Coming up for consideration;
On the question,
Will the House concur with the committee on the Judiciary in their amendment to the bill?

It was decided in the negative; and,
On motion of Mr. Ross, Said bill was laid upon the table.

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

"MR. SPEAKER, — I am directed by the Senate to inform the House of Representatives, that they have concurred with the House in the passage of a bill of the following title, viz:
"An act to amend an act entitled an act to regulate the Penitentiary, approved Feb. 19, 1833;"
As amended by them,
In which amendment they ask the concurrence of the House of Representatives.

They have acceded to the request of the House,
"That the Senate would return to the House, the bill for
"An act for the construction of the Illinois and Michigan Canal;"
And accordingly return said bill.

They have concurred with the House of Representatives in their amendment to the amendment of the Senate to the bill from the House entitled,
"An act to authorize Aurelia Hotchkiss, to sell or exchange a certain tract of land;"
They have also concurred with the House of Representatives in their amendment to the amendment of the Senate to the bill from the House entitled,
"An act to remove the seat of Justice of Adams county."

As amended by them,
In which amendment of the Senate to the amendment of the House of Representatives, to the amendment of the Senate to

413

said bill, they ask concurrence of the House of Representatives."

And then he withdrew.

On motion of Mr. Moore,
The House then resolved itself into a committee of the Whole House, to take into consideration,
The bill from the Senate entitled,
"An act regulating the terms of holding the Supreme and Circuit Courts and fixing the salary of the Circuit Judges;"
And after some time spent therein,
Mr. Speaker resumed the Chair, and
Mr. Gordon reported, That the committee of the Whole House have, according to order, had said bill under consideration, had made sundry amendments thereto in which he was directed to ask the concurrence of the House;
Which were read and concurred in; and
On motion of Mr. Wren,
Referred to a select committee of five.

Ordered, That Messrs. Wren, Dubois, Murphy, McGahey, and Stuart, be that committee.

A message from the Governor, by A. P. Field, Esq. Secretary of State.

"MR. SPEAKER, — I am directed by the Governor, to lay before the House of Representatives, a communication in writing."

And he withdrew.

The communication was read and is as follows, viz:

EXECUTIVE DEPARTMENT,
Vandalia, February 7th, 1835.

To the Honorable,
The Speaker of the House of Representatives;

SIR:— I beg leave to inform the House of Representatives, that the since of Attorney General, has become vacant by the resignation of N. W. Edwards.

I have the honor to be, Sir, your most obedient servant,
JOSEPH DUNCAN.

And,
On motion of Mr. Wyatt,
Laid upon the table.

414

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

"MR. SPEAKER, — I am directed to inform the House of Representatives that the Senate have concurred with them in the adoption of the resolution rescinding the resolution heretofore adopted, fixing the adjournment of the General Assembly, on Saturday the 7th inst."

And then he withdrew.

On motion of Mr. Wyatt,
Resolved, That the Senate be respectfully requested to return to this House the bill entitled,
"An act to incorporate the Colleges therein named."

Messrs. "Wyatt and Nunnally, called for the Yeas and Nays upon the adoption of this resolution.

Those voting in the affirmative, are,
Messrs. Able, Anderson, Blockburger, Bowyer, Butler, Carpenter of Hamilton, Carpenter of Sangamon, Dawson, Elliott, Harris, Harreld, Hampton, Hughes, Hunter, Lincoln, Manly, Murphy, Nunnally, Oliver, Owen, Trower, Tunnell, Vandevanter, Whiteside, Wyatt and Mr. Speaker. — 26.

Those voting in the negative, are,
Messrs. Blackwell, Brown, Clark, Cloud, Cunningham, Dubois, Dunn, Ficklin, Frazer, Gregory, Gordon, Hackelton, Hamlin, Henry, Hunt, Link, Moore, Outhouse, Ross, Rowan, Stuart, Thomas, Thompson, Webb,and Wren. — 25.

Ordered, That the Clerk inform the Senate thereof.