Summary of Legislative Debate on Bill to Provide Payment for Work on State House,
26 January 18411
The bill making appropriations for payment of work and labor done on the State House, was
then taken up.2
The question being on Mr Brown, of Ver’s, motion to strike out the clause requiring the citizens of Springfield to be sued for thesum of $16666 66 yet due.
Mr DOLLINS spoke against the amendment, and moved to lay it on the table, which was decided
in the affirmative. Yeas 50, nays 33.3
So the Hause refused to strike out the enactment for bringing suit against the citizens of Springfield,
and agreed that they ought to be sued.
Mr LINCOLN moved to amend by inserting a proviso, that if any one of the obligors in the bond
shall pay his proportionate share of indebtedness, he or they shall be free from all
further obligation on the bond.
Mr CAVARLY moved to refer the bill and amendments to a select committee. Mr C said he had voted to lay on the table the motion to strike out, not because he wished
to sue and oppress the citizens, but because the amendment appeared to him calculated
to operate as an entire release of the debt: he would move to refer to a select committee,
that the bill may be perfected so as to do justice and give satisfaction to all parties.
Mr LINCOLN deprecated delay; the wants of the workmen were most urgent, and he hoped
no delay would take place.
Mr PECK spoke against delay on the ground of the necessities of those who had performed the
work on the House. He suggested to Mr Cavarly to withdraw the motion to refer, and propose an amendment in accordance
with the views he had expressed, so that the bill might be passed immediately.
Mr CAVARLY would pledge himself to report the bill immediately after dinner, if the reference should be had and he be the chairman of
the committee.
Mr ROSS opposed the reference: the bill he [c]onsidered as good now as it would be after coming from the hands of the gentleman from Green, (Mr Cavarly.) He considered the amendment contemplated to be intended to defeat the
debt.
Mr BROWN, of Vermilion, denied he had ever contemplated an entire release of the debt on the bonds given;
he expressly repudiated any inference that he intended to release the obligation of
this debt; he believed the parties bound would pay it, and were bound to pay it, though
he thought it would more comport with the dignity of the House to release this debt. He proceeded further to deprecate the premature enforcement
of this debt at this peculiar juncture, when a general paralysis palsied the energies
of every part of the State.5
The question on the reference was then taken and negatived.
Mr BROWN, of Vermilion, then offered an amendment providing that a new bond might
be executed, payable in three equal annual instalments, in lieu of the present bond;
and,
Mr McCLERNAND moved to amend by adding a clause releasing entirely the citizens of Springfield
from all obligation under the said bonds.
Mr McCLERNAND said he had offered this amendment believing it to be but justice to
the citizens of Springfield that they should be released from this obligation, for
several reasons; first, because it was not just or proper to make them pay a bonus
for the erection of a State House in their city; secondly, because to enforce the payment at this time, would be unjust and oppressive;
and thirdly, because it seriously affected the dignity and character of the State
to enforce the payment of this money, as it presupposes bargain and sale, and the
holding out of improper inducements to obtain the location of the seat of Government
in this place: another reason against collecting the money was this, it is well known
that both the State and the people are embarrassed; the people require indulgence,
and it ought to be given to them; this was one reason, but the great ground on which
he relied was this, that it is not becoming the people of this State to exact a bonus
from a town or city for having the seat of Government located in such town: it carries
on its face the evidence of fraud, bargain, and sale, and is evidently too unworthy
a transaction to be countenanced by honorable men. It had been said in the course
of debate that the mechanics and industrious working men of the city were those who
would cheerfully suffer if the bond be enforced: if so, he held it to be due from
us to the citizens, in all charity, to release them from all responsibility and from
all liability whatever. It was but a small sum to the State, and could not benefit
it or enable it to disembarrass itself from present difficulties. He held it was
unjust and ignoble to have made this bargain: the general good of the State required
the seat of Government to be located in a central place, and that a bonus of money
ought not to have been the great and sufficient inducement for bringing the seat of
Government here. It appeared to him, therefore, that the honor and dignity of the
State required that the citizens should be entirely released from all further payment
on their bond.
Mr MURPHY, of Perry, spoke in opposition to the amendment; he must say, that as for himself, he remained
entirely unconvinced by all that had fallen from the gentlemen from Morgan and Gallatin, who had spoken in favor of releasing the citizens of Springfield from the payment
of their debts. He could not, however agree with them in the views they had taken:
the gentleman from Morgan says that we might just as well exact a bonus from the citizens of Alton for having the Penetintiary built there, as require this payment from Springfield for having the State House
located here: and also the gentleman from Gallatin has assumed the position that it is derogatory to the dignity of a
sovereign State to enter into a bargain and receive this bonus. It appeared to him
that there was much sophistry in these arguments: it should be recollected that this
was a voluntary undertaking on the part of the citizens of Springfield to pay such
a sum towards the erection of this building in their city; it could not be said to
be an injustice to them to take this sum towards this public expense, for they were
benefitted by the work, and their property thereby more enhanced in value: it was
but just, therefore, that while the other citizens of the State paid their taxes for
this public work, those who were more especially and indeed exclusively benefitted
should pay something in the shape of a tax, though voluntarily entered into, more
than those who were not so immediately benefitted by the location. The principle
on which this money was to be paid appeared to him correct; it was nothing but what
was fair and just. This principle was recognized and acted upon in the matter of
county seats, and its justice and correctness had never, as far as he knew, been called
in question; it was well known to every member of this floor that laws were almost
daily passed in this House requiring individuals on whose lands the county seat was
to be located, to donate a certain number of acres for public purposes: this was a
condition on which the county seat was to be located on any particular spot belonging
to individuals, and they were always glad to accept the condition in consideration
of the great advantages they derived in the increased value of their lands.—Now, the
position of the citizens of Springfield was, in his view, precisely the same. The
payment of this sum was one of the conditions they had voluntarily assumed as a small
return for the valuable considerations they would receive by the location of the seat
of government in their city, and he saw no reason why the calling upon them for the
fulfilment of their contract should be characterised by gentlemen on this floor as ungenerous or unbecoming a sovereign State. Surely
if a county was not disgraced by receiving a donation of lands towards the public
expense of the county, the State was dishonored by receiving this sum from the citizens
of Springfield. How many days ago is it since the gentleman from Gallatin proposed
to donate 15 or 20 acres of land of canal lands for the purposes of a county seat?
(Mr McClernand explained: he had not proposed to donate the land, but to sell it.)
He (Mr Murphy) stood corrected; well, then, it was not a donation, but it was something
very much like it, it appeared to him like the man who sold his dog for 100 dollars,
and who got as he said, two fifty dollar dogs for it. Here was land worth $1000 and
was sold for $10 to the county for its seat. Was not this intended as a donation? It was in reality nothing else
but a bonus to the county for the location, and thus it appears that the gentleman
himself acted in one case upon the very principle which he condemns as ignoble in
another case; but if the principle is right as to counties, it is also right as to
the State, for the counties collectively constitute the State. He should regret to
see this amendment pass; he thought the money ought to be collected, and if it was
not done now it never would be; now was the time, and he hoped the bill would be passed immediately.
Mr. OLDS moved to lay the amendment of Mr. McClernand on the table, which motion prevailed,
ayes 69, noes 15.6
Mr TURNEY moved the previous question which was not ordered.7 Mr. T. then moved an amendment to the bill providing that the people of Wayne county should have a similar extension of time for the paying of their taxes: lost.
Mr. ROSS moved an amendment providing that no appropriation should be made until
the citizens paid the amount of their bond—laid upon the table.
The amendment of Mr. Brown was laid on the table, ayes 43, noes 40.8
Mr LINCOLN moved to strike out $20,000 and insert $30,000, which was agreed to; and
the bill ordered to a third reading.10
1 On February 25, 1837, the Illinois General Assembly enacted a law allowing the legislature to vote for a location for a new state capital. On February
28, the legislature chose Springfield as the new state capital on the fourth ballot.
The act stipulated that the chosen location donate to the state $50,000 towards construction
costs for a new statehouse. Springfield residents donated the town square for the
statehouse, and signed a bond to make the $50,000 payment in three installments. Springfield paid the first two
installments on schedule, but financial difficulties accompanying the Panic of 1837 left many bondholders unable to pay their promised final shares. In March 1838, 101
citizens signed a promissory note to borrow the final installment--$16,667.37-- from the State Bank of Illinois. In January 1839, the General Assembly appropriated $128,300 to complete the Statehouse.
Illinois House Journal. 1836. 10th G. A., 1st sess., 752-59; John Carroll Power and S. A. Power, History of the Early Settlers of Sangamon County, Illinois (Springfield, IL: Edwin A. Wilson, 1876), 48-49; An Act Making an Appropriation for the Completion and Furnishing of the State House
at Springfield.
2Archer G. Herndon introduced the bill in the Senate on December 30, 1840. The Senate passed several amendments to the bill on January
2, 1841. The Senate passed another amendment on January 5 authorizing the auditor
of public accounts “to put in immediate train of collection the sum of sixteen thousand
six hundred and sixty-(six) dollars and sixty-six cents” owed by the citizens of Springfield.
The Senate passed the bill as amended by a vote of 36 yeas and 2 nays. On January
15, the House of Representatives referred the bill to the Committee on Finance, of
which Abraham Lincoln was a member. The committee reported back the bill on January
25 with amendments striking out portions of section four and substituting in lieu
thereof different language, in which the House concurred. John J. Brown proposed an amendment striking out all that part of section four related to recovery
of the sum owed by the citizens of Springfield. The House postponed further consideration
of Brown’s amendment and the bill under a call of the House. Debate on the bill resumed later in the morning session. The House adjourned before taking up the
question of Brown’s amendment.
Illinois Senate Journal. 1840. 12th G. A., 124, 129-30, 132, 133, 137-38;
Illinois House Journal. 1840. 12th G. A.,
187, 230, 277, 278.
3The House Journal erroneously recorded the vote as 80 yeas to 33 nays. Abraham Lincoln
voted nay.
Illinois House Journal. 1840. 12th G. A., 281.
4The House Journal does not record Lincoln’s amendment or the vote on laying it on
the table.
Illinois House Journal. 1840. 12th G. A., 281.
7This House rejected his motion by a vote of 37 yeas to 46 nays, with Lincoln voting
nay.
Illinois House Journal. 1840. 12th G. A., 281-82.
The Illinois State Register does not record that Brown offered another amendment striking out that portion of
section four calling for the immediate collection of money due from the citizens of
Springfield and substituting it with a provision allowing the citizens to execute
a new bond for the residue left unpaid on the original bond, payable in three annual
instalments, and giving the attorney general the right to sue as each instalment came
due, if not paid.
Illinois House Journal. 1840. 12th G. A., 282.
8The House Journal reported that the House rejected Brown’s amendment by a vote of
40 yeas to 43 nays, with Lincoln voting yea.
Illinois House Journal. 1840. 12th G. A., 283.
9Ormsbee amended the first section by adding the following: “Which appropriation shall
be applied to the payment of debts due for work done upon the State House, and for
furniture and materials furnished by different persons for the State, without the
authority of law.” The House adopted this amendment after striking out “without the
authority of law.”
Illinois House Journal. 1840. 12th G. A., 283.
10The House passed the bill as amended on January 27. The Senate passed the amended
bill on January 28. The Council of Revision approved the bill the next day and the act became law. The Springfield citizens who took out the promissory note to pay the final instalment paid off the loan on February 19, 1846.
Illinois House Journal. 1840. 12th G. A.,
280-83, 285, 423-24; Illinois Senate Journal. 1840. 12th G. A., 217, 220, 222, 327; John Carroll Power and S. A. Power, History of the Early Settlers of Sangamon County, Illinois, 49.
Printed Document, 1 page(s), Illinois State Register (Springfield), 5 February 1841, 2:3-4.