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LIBRARIES 266892 MARCH 1980

JOURNAL

OF THE

HOUSE OF REPRESENTATIVES,

SPECIAL SESSION, A. D. 1839.

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 Springfield, on Monday the ninth day of December, in the year of our Lord one thousand eight hundred and thirty-nine, the following members appeared and took their seats, viz:

From the county of Union-JACOB ZIMMERMAN.
From the county of Pope-JOHN W. READ.

From the county of Johnson-JAMES COPLAND.

From the county of Hamilton-MILTON CARPENTER.

From the county of Franklin-WILLIS ALLEN and ALLEN BAINBRIDGE. From the county of Gallatin-TARLTON DUNN, SAMUEL D. MARSHALL,

and DANIEL WOOD.

From the county of Jackson-JOHN LOGAN.

From the county of Perry-RICHARD G. MURPHY.

From the county of Washington-JOHN CRAIN.

From the county of White-EDWIN B. WEBB and ALEXANDER PHIL

LIPS.

From the county of Edwards-ALLEN EMMERSON.

From the counties of Crawford and Jasper-HARMAN ALEXANDER and JOHN HOUSTON.

From the county of Edgar-ROBERT MCMILLAN.

From the county of Coles- ORLANDO B. FICKLIN and JAMES T. CUN

NINGHAM.

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4

JOURNAL OF THE

Bear 9. From the county of Vermilion-JOHN H. MURPHY and ISAAC P. WAL

KER.

From the county of Madison-WILLIAM OTWELL, ROBERT SMITH and GEORGE SMITH.

From the county of St. Clair-JOHN THOMAS, WILLIAM W. ROman, and VITAL JARROTT.

From the county of Monroe-EDWARD T. MORGAN.

From the county of Randolph-GABRIEL JONES and EDMUND MENARD.
From the county of Jefferson-HARVEY T. PACE.

From the county of Clinton-JOSEPH HUEY.
From the county of Marion-HARDY FOSTER.
From the county of Bond-BENJAMIN JOHNSON.
From the county of Montgomery-JOSIAH FISK.

From the counties of Fayette and Effingham-WILLIAM L. D. EWING and WILLIAM J. HANKINS.

From the county of Greene-JOHN ALLEN, REVILL W. ENGLISH and EDWARD M. DALEY.

From the counties of Calhoun and Greene-JOHN GREEN.

From the county of Morgan-NEWTON CLOUD, JOHN HENRY, WILLIAM W. HAPPY, and JOHN J. HARDIN.

From the county of Sangamon-ABRAHAM LINCOLN, JOHN DAWSON, WILLIAM F. ELKIN, EDWARD D. BAKER, NINIAN W. EDWARDS and ANDREW MCCORMICK.

From the county of Tazewell-ALDEN HULL.

From the county of McLean-JOHN MOORE and CHENEY THOMAS. From the county of Macon-JESSE WILSON GOUGE.

From the county of Adams-ARCHIBALD WILLIAMS.

From the county of Pike-JAMES MCWILLIAMS.

From the county of Schuyler-JOHN BROWN.

From the county of Fulton-JONAS RAWALT and NEWTON WALKER. From the county of McDonough-WILLIAM EDMONDSON.

From the county of Hancock-MARK ALDRICH.

From the counties of Warren, Knox and Henry-WYATT B. STAPP. From the counties of Cook, Will and McHenry—Joseph Naper, GHOLSON KERCHEVAL and RICHARD MURPHY.

From the counties of La Salle, Kane, De Kalb, &c.-JOSEPH W. CHURCHILL.

From the county of Iroquois-LOUIS ROBERTS.

From the counties of Putnam and Bureau-WILLIAM H. HENDERSON. From the counties of Jo Daviess, Mercer, Rock Island, Ogle, Stephenson, and Winnebago-JAMES CRAIG.

From the county of Champaign-JAMES H. LYONS.

The following gentlemen appeared, presented certificates of their election, were qualified, and took their seats.

From the county of Alexander-WILSON ABLE.
From the county of Wabash-JOSEPH G. BOWMAN.

From the county of Edgar-HALL SIMMS.

From the county of Shelby-WILLIAM WILLIAMSON.
From the county of Sangamon-THOMAS J. NANCE.
From the county of Peoria-MOSES HARLAN.

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The Hon. William L. D. Ewing, Speaker, and member from the counties of Fayette and Effingham, took the chair, and called the House to order.

David Prickett, Clerk of the House of Representatives; Andrew Johnston, as Assistant Clerk, Joseph R. Loveless Engrossing and Enrolling Clerk, and William C. Murphy, door-keeper, gave their attendance, and entered on the discharge of their respective duties.

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

Mr. Speaker: I am directed by the Senate to inform the House of Representatives that the Senate has met, in obedience to the Proclamation of his Excellency, Thomas Carlin, Governor of the State of Illinois, organized, and are ready now to proceed to Legislative duties. And he withdrew.

Mr. Oscar Love presented his certificate of election, as Representative from Pike county; when,

On motion of Mr. Williams,

The following resolution was adopted:

Resolved, That the committee on Elections be instructed to examine and report to this House, whether Richard Kerr, the member from Pike county, has vacated his seat in this House.

On motion of Mr. Bowman,

The following resolutions were unanimously adopted:

Resolved, That we learn, with feelings of unmingled regret, the death of Edward Smith, Esq., late a member of this body.

Resolved, That the members of this House, as a mark of respect for the deceased, wear the usual badge of mourning for thirty days.

On motion of Mr. Cloud, it was

Resolved, That the rules of the House of Representatives at its last session be adopted, as the rules of the House at its present session.

On motion of Mr. Hardin, it was

Resolved, That the Clerk of this House inform the Senate, that the House of Representatives has met, in pursuance of the Proclamation of his Excellency, Governor Thomas Carlin, and is ready for the transaction of any Legislative business.

Mr. Walker of Vermilion moved to reconsider the vote just taken on the passage of the resolution offered by Mr. Williams, instructing the committee on Elections to inquire whether Richard Kerr, the member from Pike county, had vacated his seat in this House.

Mr. Murphy of Vermilion moved that the House adjourn until 10 o'clock to-morrow morning; which was not agreed to.

The question was then taken on Mr. Walker's motion to reconsider, and decided in the affirmative.

Mr. Fisk moved to postpone indefinitely the further consideration of the resolution; which was agreed to, by yeas and nays, on the call of Messrs. Williams and Murphy of Vermilion, as follows:

Those who voted in the affirmative, are,

Messrs. Able, Alexander, Allen of Franklin, Allen of Greene, Bainbridge, Brown, Carpenter, Churchill, Cloud, Copland, Crain, Daley, Edmondson, English, Ficklin, Fisk, Foster, Green of Greene, Gouge, Hankins, Happy, Houston, Huey, Johnson, Kercheval, Logan, McWilliams,

Moore, Morgan, Murphy of Cook, Murphy of Perry, Nance, Naper, Roman, Simms, Robert Smith, Thomas of St. Clair, Walker of Vermilion, Williamson, Wood, Zimmerman, and Mr. Speaker-42.

Those who voted in the negative, are,

Messrs. Aldrich, Baker, Bowman, Craig, Cunningham, Dawson, Dunn, Edwards, Elkin, Emmerson, Hardin, Harlan, Henderson, Henry, Hull, Jarrott, Jones, Lincoln, Lyons, Marshall, McCormick, McMillan, Menard, Murphy of Vermilion, Otwell, Pace, Phillips, Rawalt, Read, Roberts, George Smith, Stapp, Thomas of McLean, Walker of Fulton, Webb, and Williams-36.

Mr. Baker moved that the House adjourn; which was not agreed to. Mr. Oscar Love, member elect from the county of Pike, was then qualified, and took his seat; and then,

On motion of Mr. Churchill,

The House adjourned until 10 o'clock, to-morrow morning.

TUESDAY, DECEMBER 10, 1839.

House met pursuant to adjournment.

Richard W. Starr, a representative from the county of Adams, elected to supply the vacancy occasioned by the resignation of William G. Flood, appeared, was qualified, and took his seat.

On motion of Mr. Daley,

Resolved, by the House of Representatives, (the Senate concurring) that a joint select committee of three on the part of the House and two on the part of the Senate be appointed to wait on the Governor and inform him that both the Houses have organized and are now ready to receive any communication which he may desire to make.

Ordered, That Messrs. Daley, Walker of Vermilion, and Able be that committee on the part of the House, that the Clerk inform the Senate thereof and ask their concurrence therein.

On motion of Mr. Lincoln,

The rule of the House was dispensed with and leave given him to introduce a bill for "An act to authorize the Collectors of- County to collect certain taxes therein named," which was twice read, and on his motion referred to a select committee.

Ordered, That Messrs. Lincoln, Naper and Bowman, be that committee.

Mr. Churchill presented the petition of sundry inhabitants of DeKalb county, praying the Legislature to pass an act declaring Coltonville the permanent County seat of said County; which was referred without reading, on his motion to the committee on Counties.

On motion of Mr. Allen of Greene,

Resolved, That the committee on Education, be instructed to enquire into the propriety of so changing the law regulating the compensation of School Commissioners and of Treasurers of Townships in the several counties in this State as to give them competent fees for their services respectively, in lieu of a per cent.

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