Historical encyclopedia of Illinois, Part 37

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913; Gale, W. Shelden
Publication date: 1899
Publisher: Chicago : Munsell Pub. Co.
Number of Pages: 1388

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FOURTH GENERAL ASSEMBLY. This body held two sessions, the first being convened, Nov. 15, 1824, by proclamation of the Executive, some three weeks before the date for the regular session, in order to correct a defect in the law relative to counting the returns for Presidential Electors. Thomas Mather was elected Speaker of the House, while Lieutenant-Governor Hub- bard presided in the Senate. Having amended the law concerning the election returns for Presi- dential Electors, the Assembly proceeded to the election of two United States Senators-one to fill the unexpired term of ex-Senator Edwards (resigned) and the other for the full term begin- ning March 4, 1825. John McLean was chosen for the first and Elias Kent Kane for the second. Five circuit judgeships were created, and it was provided that the bench of the Supreme Court should consist of four Judges, and that semi- annual sessions of that tribunal should be held at the State capital. (See Judicial Department.) The regular session came to an end, Jan. 18, 1825, but at its own request, the Lieutenant-Governor and acting Governor Hubbard re-convened the body in special session on Jan. 2, 1826, to enact a new apportionment law under the census of 1825. A sine die adjournment was taken, Jan. 28, 1826. One of the important acts of the regular session of 1825 was the adoption of the first free-school law in Illinois, the measure having been intro-

duced by Joseph Duncan, afterwards Governor of the State. This Legislature was in session a total of ninety-two days, of which sixty-five were during the first session and twenty-seven during the second.

FIFTH GENERAL ASSEMBLY convened, Dec. 4, 1826, Lieutenant-Governor Kinney presiding in the Senate and John McLean in the House. At the request of the Governor an investigation into the management of the bank at Edwardsville was had, resulting, however, in the exoneration of its officers. The circuit judgeships created by the preceding Legislature were abrogated and their incumbents legislated out of office. The State was divided into four circuits, one Justice of the Supreme Court being assigned to each. (See Judicial Department.) This General Assembly also elected a State Treasurer to succeed Abner Field, James Hall being chosen on the ninth ballot. The Supreme Court Judges, as directed by the preceding Legislature, presented a well digested report on the revision of the laws, which was adopted without material alteration. One of the important measures enacted at this session was an act establishing a State penitentiary, the funds for its erection being obtained by the sale of saline lands in Gallatin County. (See Alton Penitentiary; also Salt Manufacture.) The session ended Feb. 19 - having continued seventy-eight days.

SIXTH GENERAL ASSEMBLY convened, Dec. 1, 1828. The Jackson Democrats had a large major- ity in both houses. John McLean was, for the third time, elected Speaker of the House, and, later in the session, was elected United States Senator by a unanimous vote. A Secretary of State, Treasurer and Attorney-General were also appointed or elected. The most important legis- lation of the session was as follows: Authorizing the sale of school lands and the borrowing of the proceeds from the school fund for the ordinary governmental expenses; providing for a return to the viva voce method of voting; creating a fifth judicial circuit and appointing a Judge therefor; providing for the appointment of Com- missioners to determine upon the route of the Illinois & Michigan Canal, to sell lands and com- mence its construction. The Assembly adjourned, Jan. 23, 1829, having been in session fifty-four days.

SEVENTH GENERAL ASSEMBLY met, Dec. 6, 1830. The newly-elected Lieutenant-Governor, Zadoc Casey, and William L. D. Ewing presided over the two houses, respectively. John Rey- nolds was Governor, and, the majority of the Senate being made up of his political adversaries,

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experienced no little difficulty in securing the confirmation of his nominees. Two United States Senators were elected: Elias K. Kane being chosen to succeed himself and John M. Robinson to serve the unexpired term of John McLean, deceased. The United States census of 1830 gave Illinois three Representatives in Con- gress instead of one, and this General Assembly passed a re-apportionment law accordingly. The number of State 'Senators was increased to twenty-six, and of members of the lower house to fifty-five. The criminal code was amended by the substitution of imprisonment in the peni- tentiary as a penalty in lieu of the stocks and public flogging. This Legislature also authorized the borrowing of $100,000 to redeem the notes of the State Bank which were to mature the follow- ing year. The Assembly adjourned, Feb. 16, 1831, the session having lasted seventy-three days.

EIGHTH GENERAL ASSEMBLY. The session began Dec. 3, 1832, and ended March 2, 1833. William L. D. Ewing was chosen President pro tempore of the Senate, and succeeded Zadoc Casey as Lieutenant-Governor, the latter having been elected a Representative in Congress. Alexander M. Jenkins presided over the House as Speaker. This Legislature enacted the first gen- eral incorporation laws of Illinois, their provisions being applicable to towns and public libraries. It also incorporated several railroad companies, -one line from Lake Michigan to the Illinois River (projected as a substitute for the canal), one from Peru to Cairo, and another to cross the State, running through Springfield. Other char- ters were granted for shorter lines, but the incor- porators generally failed to organize under them. A notable inci dent in connection with this session was the attempt to impeach Theophilus W. Smith, a Justice of the Supreme Court. This was the first and last trial of this character in the State's his- tory, between 1818 and 1899. Failing to secure a conviction in the Senate (where the vote stood twelve for conviction and ten for acquittal, with four Senators excused from voting), the House attempted to remove him by address, but in this the Senate refused to concur. The first mechan- ics' lien law was enacted by this Legislature, as also a law relating to the "right of way" for "public roads, canals, or other public works." The length of the session was ninety days.

NINTH GENERAL ASSEMBLY. This Legislature held two sessions. The first began Dec. 1, 1834, and lasted to Feb. 13, 1835. Lieutenant-Governor Jenkins presided in the Senate and James Semple was elected Speaker of the House without oppo-

sition. On Dec. 20, John M. Robinson was re- elected United States Senator Abraham Lincoln was among the new members, but took no con- spicuous part in the discussions of the body. The principal public laws passed at this session were: Providing for the borrowing of $500,000 to be used in the construction of the Illinois & Michi- gan Canal and the appointment of a Board of Commissioners to supervise its expenditure; incorporating the Bank of the State of Illinois; and authorizing a loan of $12,000 by Cook County, at 10 per cent interest per annum from the county school fund, for the erection of a court house in that county. The second session of this Assembly convened, Dec. 7, 1835, adjourning, Jan. 18, 1836. A new canal act was passed, enlarging the Commissioners' powers and pledging the faith of the State for the repayment of money bor- rowed to aid in its construction. A new appor- tionment law was also passed providing for the election of forty-one Senators and ninety-one Representatives, and W. L. D. Ewing was elected United States Senator, to succeed Elias K. Kane, deceased. The length of the first session was seventy-five days, and of the second forty-three days-total, 118.

TENTH GENERAL ASSEMBLY, like its predeces- sor, held two sessions. The first convened Dec. 5, 1836, and adjourned March 6, 1837. The Whigs controlled the Senate hy a large majority, and elected William H. Davidson, of White County, President, to succeed Alexander M. Jenkins, who had resigned the Lieutenant-Governorship. (See Jenkins,. Alexander M.) James Semple was re-elected Speaker of the House, which was fully two-thirds Democratic. This Legislature was remarkable for the number of its members who afterwards attained National prominence. Lincoln and Douglas sat in the lower house, both voting for the same candidate for Speaker-New- ton Cloud, an independent Democrat. Besides these, the rolls of this Assembly included the names of a future Governor, six future United States Senators, eight Congressmen, three Illinois Supreme Court Judges, seven State officers, and a Cabinet officer. The two absorbing topics for legislative discussion and action were the system of internal improvements and the removal of the State capital .. (See Internal Improvement Policy and State Capitals.) The friends of Springfield finally effected such a combination that that city was selected as the seat of the State government, while the Internal Improvement Act was passed over the veto of Governor Duncan. A second session of this Legislature met on the call of the

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Governor, July 10, 1837, and adjourned Jnly 22. An act legalizing the suspension of State banks was adopted, but the recommendation of the Gov- ernor for the repeal of the internal improvement legislation was ignored. The length of the first session was ninety-two days and of the second thirteen-total 105.

ELEVENTH GENERAL ASSEMBLY. This body held both a regular and a special session. The former met Dec. 3, 1838, and adjourned March 4, 1839. The Whigs were in a majority in both houses, and controlled the organization of the Senate. In the House, however, their candidate for Speaker-Abraham Lincoln-failing to secure his fnll party vote, was defeated by W. L. D. Ewing. At this session $800,000 more was appro- priated for the "improvement of water-ways and the construction of railroads, " all efforts to pnt an end to, or even curtail, further expenditures on account of internal improvements meeting with defeat. An appropriation (the first) was made for a library for the Supreme Court; the Illinois Institution for the Education of the Deaf and Dumb was established, and the further issuance of bank notes of a smaller denomination than 85 was prohibited. By this time the State debt had increased to over $13,000.000, and both the people and the Governor were becoming apprehensive as to ultimate results of this prodigal outlay. A crisis appeared imminent, and the Governor, on Dec. 9, 1839, convened the Legislature in special session to consider the situation. (This was the first session ever held at Springfield; and, the new State House not being completed, the Senate, the House and the Supreme Court found accommo- dation in three of the principal church edifices.) The struggle for a change of State policy at this session was long and hard fought, no heed being given to party lines. The outcome was the vir- tual abrogation of the entire internal improve- ment system. Provision was made for the calling in and destruction of all unsold bonds and the speedy adjustment of all unsettled accounts of the old Board of Public Works, which was legis- lated out of office. The special session adjourned Feb. 3, 1840. Length of regular session ninety- two days, of the special, fifty-seven-total, 149.

TWELFTH GENERAL ASSEMBLY. This Legisla- ture was strongly Democratic in both branches. It first convened, by executive proclamation, Nov. 23, 1840, the object being to provide for pay- ment of interest on the public debt. In reference to this matter the following enactments were made: Authorizing the hypothecation of $300,000 internal improvement bonds, to meet the interest

due Jan. 1, 1841; directing the issue of bonds to be sold in the open market and the proceeds applied toward discharging all amounts due on interest account for which no other provision was made; levying a special tax of ten cents on the $100 to meet the interest on the last mentioned class of bonds, as it matured. For the comple- tion of the Northern Cross Railroad (from Spring- field to Jacksonville) another appropriation of $100,000 was made. The called session adjourned, sine die, on Dec. 5, and the regular session began two days later. The Senate was presided over by the Lieutenant-Governor (Stinson H. Anderson), and William L. D. Ewing was chosen Speaker of the House. The most vital issue was the propri- ety of demanding the surrender of the charter of the State Bank, with its branches, and here party lines were drawn. The Whigs finally succeeded in averting the closing of the institu- tions which had suspended specie payments, and in secnring for those institutions the privilege of issuing small bills. A law reorganizing the judi- ciary was passed by the majority over the execn- tive veto, and in face of the defection of some of its members. On a partisan issue all the Circuit Judges were legislated out of office and five Jus- tices added to the bench of the Supreme Court. The session was stormy, and the Assembly ad- journed March 1, 1841. This Legislature was in session ninety-eight days-thirteen during the special session and eighty-five during the regular.

THIRTEENTH GENERAL ASSEMBLY consisted of forty-one Senators and 121 Representatives; con- vened, Dec. 5, 1842. The Senate and House were Democratic by two-thirds majority in each. Lieut .- Gov. John Moore was presiding officer of the Senate and Samnel Hackelton Speaker of the House, with W. L. D. Ewing, who had been acting Governor and United States Senator, as Clerk of the latter. Richard Yates, Isaac N. Arnold, Stephen T. Logan and Gustavus Koerner, were among the new members. The existing sitnation seemed fraught with peril. The State debt was nearly $14,000,000; immigration had been checked: the State and Shawneetown banks had gone down and their currency was not worth fifty cents on the dollar; Auditor's warrants were worth no more, and Illinois State bonds were qnoted at fourteen cents. On Dec. 18, Jndge Sidney Breese was elected United States Senator, having defeated Stephen A. Douglas for the Democratic caucus nomination, on the nineteenth ballot, by a majority of one vote. The State Bank (in which the State had been a large share- holder) was permitted to go into liquidation upon

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the surrender of State bonds in exchange for a like amount of bank stock owned by the State. The same conditional release was granted to the bank at Shawneetown. The net result was a reduction of the State debt by about $3,000,000. The Governor was authorized to negotiate a loan of $1,600,000 on the credit of the State, for the purpose of prosecuting the work on the canal and meeting the indebtedness already incurred. The Executive was also made sole "Fund Com- missioner" and, in that capacity, was empowered (in connection with the Auditor) to sell the railroads, etc., belonging to the State at public auction. Provision was also made for the redemp- tion of the bonds hypothecated with Macalister and Stebbins. (See Macalister and Stebbins Bonds.) The Congressional distribution of the moneys arising from the sale of public lands was acquiesced in, and the revenues and resources of the State were pledged to the redemption "of every debt contracted by an authorized agent for a good and valuable consideration." To establish a sinking fund to meet such obligation, a tax of twenty cents on every $100, payable in coin, was levied. This Legislature also made a re-appor- tionment of the State into Seven Congressional Districts. The Legislature adjourned, March 6, 1843, after a session of ninety-two days.

FOURTEENTH GENERAL ASSEMBLY convened Dec. 2, 1844, and adjourned March 3, 1845, the ses- sion lasting ninety-two days. The Senate was composed of twenty-six Democrats and fifteen Whigs; the House of eighty Democrats and thirty-nine Whigs. David Davis was among the new members. William A. Richardson defeated Stephen T. Logan for the Speakership, and James Semple was elected United States Senator to suc- ceed Samuel McRoberts, deceased. The canal law was amended by the passage of a supple- mental act, transferring the property to Trustees and empowering the Governor to complete the negotiations for the borrowing of $1,600,000 for its construction. The State revenue being in- sufficient to meet the ordinary expenses of the government, to say nothing of the arrears of interest on the State debt, a tax of three mills on each dollar's worth of property was imposed for 1845 and of three and one-half mills thereafter. Of the revenue thus raised in 1845, one mill was set apart to pay the interest on the State debt and one and one-half mills for the same purpose from the taxes collected in 1846 "and forever thereafter."

FIFTEENTH GENERAL ASSEMBLY convened Dec. 7, 1846. The farewell message of Governor Ford

and the inaugural of Governor French were lead- ing incidents. The Democrats had a two-thirds majority in each house. Lieut .- Gov. Joseph B. Wells presided in the Senate, and Newton Cloud was elected Speaker of the House, the compli- mentary vote of the Whigs being given to Stephen T. Logan. Stephen A. Douglas was elected United States Senator, the whigs voting for Cyrus Edwards. State officers were elected as follows: Auditor, Thomas H. Campbell; State Treasurer, Milton Carpenter-both by acclamation; and Horace S Cooley was nominated and confirmed Secretary of State. A new school law was enacted; the sale of the Gallatin County salines was authorized; the University of Chicago was incorporated, and the Hospital for the Insane at Jacksonville established; the sale of the North- ern Cross Railroad was authorized; District Courts were established; and provision was made for refunding the State debt. The Assembly adjourned, March 1, 1847, after a session of eighty-five days.

SIXTEENTH GENERAL ASSEMBLY. This was the first Legislature to convene under the Constitu- tion of 1847. There were twenty-five members in the Senate and seventy-five in the House. The body assembled on Jan. 1, 1849, continu- ing in session until Feb. 12-the session being limited by the Constitution to six weeks. Zadoc Casey was chosen Speaker, defeating Richard Yates by a vote of forty-six to nineteen. After endorsing the policy of the administration in reference to the Mexican War and thanking the soldiers, the Assembly proceeded to the election of United States Senator to succeed Sidney Breese. The choice fell upon Gen. James Shields, the other caucus candidates being Breese and McClernand, while Gen. William F. Thornton led the forlorn hope for the Whigs. The principle of the Wilmot proviso was endorsed. The Governor convened the Legislature in special session on Oct. 22. A question as to the eligibility of Gen. Shields having arisen (growing out of his nativity and naturalization), and the legal obstacles hav- ing been removed by the lapse of time, he was re-elected Senator at the special session. Outside of the passage of a general law authorizing the incorporation of railroads, little general legisla- tion was enacted. The special session adjourned Nov. 7. Length of regular session forty-three days; special, seventeen-total sixty.

SEVENTEENTH GENERAL ASSEMBLY convened Jan. 6, 1851, adjourned Feb. 17-length of session forty-three days. Sidney Breese (ex- Senator) was chosen Speaker. The session was

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characterized by a vast amount of legislation, not all of which was well considered. By joint reso- lution of both houses the endorsement of the Wilmot proviso at the previous session was rescinded. The first homestead exemption act was passed, and a stringent liquor law adopted, the sale of liquor in quantities less than one quart being prohibited. Township organization was authorized and what was virtually free-banking was sanctioned. The latter law was ratified by popular vote in November, 1851. An act incorpo- rating the Illinois Central Railroad was also passed at this session, the measure being drafted by James L. D. Morrison. A special session of this Assembly was held in 1852 under a call by the Governor, lasting from June 7 to the 23d- seventeen days. The most important general legislation of the special session was the reappor- tionment of the State into nine Congressional Districts. This Legislature was in session a total of sixty days.

EIGHTEENTH GENERAL ASSEMBLY. The first (or regular) session convened Jan. 3, 1853, and adjourned Feb. 14. The Senate was composed of twenty Democrats and five Whigs; the House, of fifty-nine Democrats, sixteen Whigs and one "Free-Soiler." Lieutenant-Governor. Koerner presided in the upper, and ex-Gov. John Reynolds in the lower house. Governor Matteson was inaugurated on the [6th; Stephen A. Donglas was re-elected United States Senator, Jan. 5, the Whigs casting a complimentary vote for Joseph Gillespie. More than 450 laws were enacted, the majority being "private acts." The prohibitory temperance legislation of the preceding General Assembly was repealed and the license system re enacted. This body also passed the famous "black laws" designed to prevent the immigration of free negroes into the State. The sum of $18,000 was appropriated for the erection and furnishing of an executive mansion; the State Agricultural Society was incorporated; the re- mainder of the State lands was ordered sold, and any surplus funds in the treasury appropriated toward reducing the State debt. A special session was convened on Feb. 9, 1854, and adjourned March 4. The most important measures adopted were: a legislative re-apportionment, an act pro- viding for the election of a Superintendent of Public Instruction, and a charter for the Missis- sippi & Atlantic Railroad. The regular session lasted forty-three days, the special twenty-four -- total, sixty-seven.

NINETEENTH GENERAL ASSEMBLY met Jan, I, 1855, and adjourned Feb. 15-the session lasting

forty-six days. Thomas J. Turner was elected Speaker of the House. The political complexion of the Legislature was much mixed, among the members being old-line Whigs, Abolitionists, Free-Soilers, Know-Nothings, Pro-slavery Demo- crats and Anti-Nebraska Democrats. The Nebraska question was the leading issue, and in reference thereto the Senate stood fourteen Nebraska members and eleven anti-Nebraska; the House, thirty-four straight-out Democrats, while the entire strength of the opposition was forty- one. A United States Senator was to be chosen to succeed Gen. James Shields, and the friends of free-soil had a clear majority of four on joint ballot. Abraham Lincoln was the caucus nomi- nee of the Whigs, and General Shields of the Demo- crats. The two houses met in joint session Feb. 8. The result of the first ballot was, Lincoln, forty- five; Shields, forty-one; scattering, thirteen; present, but not voting, one. Mr. Lincoln's strength steadily waned, then rallied slightly on the sixth and seventh ballots, but again declined. Shields' forty-one votes rising on the fifthi ballot to forty-two, but having dropped on the next ballot to forty-one, his name was withdrawn and that of Gov. Joel A. Matteson substituted. Mat- teson gained until he received forty-seven votes, which was the limit of his strength. On the ninth ballot, Loncoln's vote having dropped to fifteen, his name was withdrawn at his own request, his support going, on the next ballot, to Lyman Trumbull, an anti-Nebraska Democrat, who received fifty-one votes to forty-seven for Matteson and one for Archibald Williams-one member not voting. Trumbull, having received a majority, was elected. Five members had voted for him from the start. These were Sena- tors John M. Palmer, Norman B. Judd and Burton C. Cook, and Representatives Henry S. Baker and George T. Allen. It had been hoped that they would, in time, come to the support of Mr. Lin- coln, but they explained that they had been instructed by their constituents to vote only for an anti-Nebraska Democrat. They were all sub- sequently prominent leaders in the Republican party. Having inaugurated its work by accom- plishing a political revolution, this Legislature proceeded to adopt several measures more or less radical in their tendency. One of these was the Maine liquor law, with the condition that it be submitted to popular vote. It failed of ratifica- tion by vote of the people at an election held in the following June. A new common school law was enacted, and railroads were required to fence their tracks. The Assembly also adopted a reso-

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lution calling for a Convention to amend the Con- stitution, but this was defeated at the polls.

TWENTIETH GENERAL ASSEMBLY convened Jan. 5, 1857, and adjourned, sine die, Feb. 19. A Republican State administration, with Governor Bissell at its head, had just been elected, but the Legislature was Democratic in both branches. Lieut. - Gov. John Wood presided over the Senate, and Samuel Holmes, of Adams County, defeated Isaac N. Arnold, of Cook, for the Speakership of the House. Among the prominent members were Norman B. Judd, of Cook; A. J. Kuykendall, of Johnson; Shelby M. Cullom, of Sangamon; John A. Logan, of Jackson; William R. Morrison, of Monroe; Isaac N. Arnold, of Cook; Joseph Gilles- pie, of Madison, and S. W. Moulton, of Shelby. Among the important measures enacted by this General Assembly were the following: Acts establishing and maintaining free schools; estab- lishing a Normal University at Normal; amending the banking law; providing for the general incor- poration of railroads; providing for the building of a new penitentiary ; and funding the accrued arrears of interest on the public debt. Length of session, forty-six days.

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Historical encyclopedia of Illinois, Part 37

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913; Gale, W. Shelden Publication date: 1899 Publisher: Chicago : Munsell Pub. Co. Number of Pages: 1388

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913; Gale, W. Shelden
Publication date: 1899
Publisher: Chicago : Munsell Pub. Co.
Number of Pages: 1388