Papers Of Abraham Lincoln

In force Feb.[February] 9, 1835.

AN ACT to amend an act, entitled “An act to regulate the Penitentiary,” approved, February 19, 1833.
1

Warden to be elected.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That there shall be elected by joint vote of the two Houses of the General Assembly, at their present session, and at every succeeding session hereafter, a Warden of the Penitentiary, who shall be commissioned by the Governor, and continue in office for the term of two years, and until his successor shall be appointed and qualified.2

His duties.

Salary.

Sec. 2. The duties of said Warden shall be the same that are now provided by law for the Warden heretofore appointed, and he shall receive an annual salary of three hundred dollars3 to be paid to him in the manner provided by

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the 9th section of the act to which this is an amendment, and the said Warden shall be allowed one hundred dollars per annum in consideration of the deterioration in value of the house formerly used and occupied by the said Warden, by the erection of a wall.4

Certain power conferred on the inspectors continued to sell penitentiary lot.

Sec. 3. The power conferred upon the Inspectors of the Penitentiary by the fifth section of the act to which this is an amendment, to lay off into lots, and sell three acres of the lot of land upon which the Penitentiary is situated, is hereby continued to and in said Inspectors: Provided, That such sale shall take place in the month of April next, and that four weeks public notice of the time and place thereof shall be given by said Inspectors, by publication in the newspaper printed nearest to the premises: And provided further, That one fourth of the purchase money shall be paid in hand, and the balance in six, twelve, and eighteen months, the purchaser in all cases, giving bond and approved security to said Inspectors for the payment of said balance of the purchase money, and the said Inspectors executing to said purchasers, title-bonds for the lots respectively purchased by them, and upon the payment in full of the purchase money, executing to them general warranty deeds.5

Proceeds of sale, how appropriated.

Sec. 4. One third part of the proceeds arising from the sale of said lots, shall be applied, under the direction of the board of Trustees of the town of Alton, in grading and improving State street, and other streets in said town west of the Piasa creek, and building and repairing bridges over said creek, where Second street and Fourth street crosses the same, and the balance of the proceeds thus arising, shall be applied, under the direction of the Inspectors of the Penitentiary, to completing the guard-wall around the Penitentiary, and if necessary, to building additional workshops.6

Sec. 5. All acts and parts of acts coming within the meaning and purview of this act, are hereby repealed.

This act to be in force and take effect from and after its passage.

Approved, Feb. 9, 1835.

1Jesse B. Thomas Jr. from the Committee on the Penitentiary, to which the House of Representatives referred a report of the inspectors of the Penitentiary and sundry resolutions instructing them report a bill for the election of a warden, introduced HB 116 in the House on January 15, 1835. The House referred it to a select committee. The select committee reported back the bill on January 17 with sundry amendments. The House referred the bill and proposed amendments to the Committee of the Whole. On January 19, the House resolved itself again into a Committee of the Whole to consider the bill. The Committee of the Whole reported back the bill with sundry amendments. The House voted 39 to 11 against amending the report of the Committee by striking out the words “four hundred” in the section on the warden’s salary and inserting “three hundred,” Abraham Lincoln voting in the affirmative. The House concurred in the amendments of the select committee as amended by the Committee of the Whole. The House passed the bill as amended on January 20. On January 28, the Senate referred the bill to a select committee. The select committee reported back the bill on February 2 with sundry amendments, in which the Senate concurred. On February 3, the Senate amended the bill by striking out the words “four hundred” in the section on the warden’s salary and inserting “three hundred.” The Senate referred the bill and proposed amendment to a select committee. The select committee reported back the bill on February 6 with sundry amendments, in which the Senate concurred. The Senate also amended the bill by re-inserting in the fourth section words formerly struck out, so as to restore the section to the original shape in which it came from the House. The Senate passed the bill as amended. The House concurred in the Senate amendments on February 7. On February 9, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 1st sess., 300, 315-316, 331, 337, 496, 504, 507, 513; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 288, 302, 360, 396, 418, 450-451, 472, 473; Illinois House Journal. 1835. 9th G. A., 2nd sess., 412.

2On February 10, 1835, the General Assembly elected Stinson H. Anderson as Warden of the Penitentiary. Abraham Lincoln did not vote for Anderson.
Illinois House Journal. 1835. 9th G. A., 1st sess., 521-25.

3On February 3, 1835, the Senate amended the bill by striking out the words “four hundred” and inserting in lieu thereof “three hundred.”
Illinois House Journal. 1835. 9th G. A., 1st sess., 418.

4Section seven of the February 19, 1833 act delineated the duties of the warden. Section nine provided for his compensation. HB 116 did not increase the warden’s salary, but did provide the additional $100 annually. In 1836, the General Assembly passed an act that increased the warden’s salary to $600 annually.
“An Act to regulate the Penitentiary,” 19 February 1833, Revised Laws of Illinois (1833), 477-79.

5These provisos amended the February 19, 1833 act by setting a date for the sale, stipulating terms of notice, and further defining purchasing terms. They also superseded a proviso requiring that William Russell, donor of the land, give his consent to any sale.

6Section six in the February 19, 1833 act authorized the inspectors to apply the proceeds of the sale to the building of the wall and workshops. HB 116 added provision for the town of Alton.