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Sec[Section] 1st Be it enacted by the people of the State of Illinois Represented in the General Assembly, That the Inspectors of the Penitentiary are hereby authorized and directed to remove and relocate the present Penitentiary of the State in the manner hereafter provided to some eligible situation within two ^one^2 miles of its present location, and out of the incorporated limits of the Town of
Alton
Sec 2 When the said location shall be made the said Inspectors shall report the same
to the Governor who shall thereupon appoint three person’s3 to examine the said location and report and should said report be in favor of said
location the same shall be surveyed and a plot thereof returned to and filed in the
office of the secretary of state
Sec 3 The said Inspectors, shall, as soon as they shall have chosen a site for said
Penitentiary contract with some suitable person or persons to procure a proper Deed to this state with general Warranty to be examined and approved by the Attorney General for a quantity
of land not less than ten acres in the form of a square or parallelogram and for el erecting thereon a Penitentiary on the plan at present adopted or on the plan of the Pennsylvania Penitentiary at Philadelphia or any other improved plan the said inspectors shall choose to adopt. If the present
plan shall be adopted then the same shall be constructed of one third larger dimensions
and contain an increased number of cells in proportion. If a different plan is adopted,
then the work performed shall amount in value to one third more than the present establishment
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Sec 4 The said inspectors are hereby authorized and directed to contract for the ground
and building as aforesaid on the following terms and conditions namely until a sufficient
number of cells of the new Penitentiary shall be completed, the present one shall be used for the confinement of convicts
therein under the direction and control of the warden thereof, and as the new work
a progresses, the materials of the old may be used as the Warden may authorize and
direct in the new construction which shall be composed of a wall, enclosing four acres
of Land of the same height[,] strength[,] and dimensions as the present with suitable gates and openings; a Warden’s house
equal to the present one, and convenient and suitable work shops equal in value to
those now erected and at such points within the wall as the said inspectors may direct.
The cells intended for solitary confinement to be lined with strong oak plank properly
secured, for the purpose of preserving the health of those who may be confined therein
Sec 5 When the new Penitentiary shall be placed in a condition to receive convicts and as capable of accomodating them as the present one, which fact shall be certified to the Governor by the inspectors
of the same it shall be the duty of the Governor, as a full consideration to such
contractor or contractors, to convey by Deed of release and quit claim to such person
or persons who shall have contracted to erect said Penitentiary the ground remaining unsold which has been granted to the state for penitentiary purposes on which the penitentiary now stands, taking from said person or persons a bond with sufficient security in
a penalty of Fifty Thousand Dollars that the work shall be entirely completed according
to contract in five years thereafter
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Sec 6 That when the new Penitentiary is placed in a condition to receive convicts, and as capable of accomodating them as the present one, and such fact is certified to the Warden of the Penitentiary, by the inspectors thereof, then it shall be the duty of said Warden, to remov[e] to said new penitentiary all convicts, and the said new penitentiary shall thenceforth be the penitentiary of this state
Sec 7 All Laws and parts of Laws coming within the purview of this act are hereby
repealed
Section 7. That it shall be the duty of the Penetentiary Inspectors, to pay into the State Treasury, all monies in their hands belonging to
the Penetentiary Fund, also all monies hereafter to become due from the sale of the three acres of
land heretofore donated for Penetentiary purposes, so soon as the same shall become due, and collected by the said Inspectors;
and when the said monies are collected and paid into the said Treasury, it shall be
the duty of said Inspectors to make out and file in the office of Secretary of State
an account current of all monies, received by them, and all monies paid out, to whom
paid, and for what purposes, and the said account current shall be signed by the said
Inspectors, any law to the contrary notwithstanding.
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[ docketing
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[01]/[02]/[1836]
[01]/[02]/[1836]
Engrossed
[ docketing
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[01]/[14]/[1836]
[01]/[14]/[1836]
lay table
1Nathaniel Buckmaster introduced HB 4 in the House of Representatives on December 11, 1835. The House referred the bill to the Committee on the Penitentiary.
The Committee on the Penitentiary reported back the bill on December 12 with a substitute,
and the House referred the original bill and the substitute to the Committee on Finance.
The Committee on Finance reported back the bill on December 14 with a substitute,
in which the House concurred. The House referred the bill as substituted to the
Committee on the Judiciary. The Committee on the Judiciary reported back the bill
on December 23 with several amendments, and the House referred the bill and amendments
to the Committee of the Whole and made them the order of the day for December 24.
On December 31, the House discharged the Committee of the Whole from further consideration.
The House voted to engross the bill, but on January 1, 1836, re-considered that vote
and referred it to another select committee. The select committee reported back the
bill on January 2 with an amendment, which the House amended by inserting “some three
persons” in the second section. The House approved the amendment as amended. On January
4, John T. Stuart proposed amendments to the fifth section, and the House referred the bill and proposed
amendment to a select committee. The select committee reported back the bill on
January 7 without amendment, and the House referred the bill to another select committee.
The select committee reported back the bill with an amendment, in which the House
concurred. The House rejected the bill as amended on a vote of 18 yeas and 24 nays,
Abraham Lincoln voting nay. On January 9, the House voted to re-consider this vote and referred
the bill to the Committee on the Judiciary. The Committee on the Judiciary reported
back the bill on January 14 with an amendment, in which the House concurred. The
House subsequently tabled the bill. On January 16, the House voted 23 to 16 to take
up the bill, Lincoln voting in the negative. The House amended the bill by striking
out the word “two” in the first section and inserting in lieu thereof the word “one.”
The House passed the bill as amended on a vote of 22 yeas and 14 nays, Lincoln voting
nay. The Senate did not take up the bill.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 28, 34, 41, 43, 132, 194, 196-97, 209, 223, 250, 252-53,
256, 260, 320-21, 357; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 273.
2On January 16, 1836, the House of Representatives amended the bill by striking out the word “two” and inserting in lieu thereof the
word “one.”
Illinois House Journal. 1835. 9th G. A., 2nd sess., 357.
3On January 2, 1836, the House of Representatives amended the bill by inserting “some three persons.”
Illinois House Journal. 1835. 9th G. A., 2nd sess., 209.
Handwritten Document, 4 page(s), Folder 4, HB 4, GA Session: 9-2,
Illinois State Archives (Springfield, IL),