Papers Of Abraham Lincoln

In force 7th Feb.[February] 1837.

AN ACT making the clerks of the county Commissioners Courts and county treasurers, elective by the People.1
2

Clerks county com’s. courts elective, and when elections to be held,

& county treasurer.

Term of service.

To give bond.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That an election shall be held on the first Monday in August next, and on the first Monday in August in the year one thousand eight hundred and thirty-nine,3 and on the first Monday in August, in every fourth year thereafter in each county in this State, for a clerk of the county commissioners court and county treasurer. The clerks and treasurer so elected, shall continue in office for four years, and until their successors shall be elected and qualified to office; and previous to their entering upon the duties of their respective offices, shall enter into bonds as is now required by law. Said securities to be approved by the county commissioners courts.

When election to be held.

How vacancies filled.

Sec. 2. The election provided for in this act, shall be held at the same places and conducted in all respects as is now provided for by the law regulating elections in relation to the election of county commissioners; and vacancies shall be filled in the same manner, Provided, Said courts may appoint a clerk and treasurer pro tempore, whose time of service shall continue until a clerk or treas-

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urer shall be elected and qualified as provided for in this act.4

Contested elections.

Sec. 3. In all contested elections of the before mentioned officers, it shall be settled as provided in the act in relation to contested elections of sheriffs and coroners.5

Papers &c.[etc.], to be delivered over.

On refusal forfeiture & imprisonment.

Proviso.

Sec. 4. Every clerk or treasurer who shall neglect, or refuse to deliver over to their successors in office all papers, books, moneys, in their possession, as well as all and every thing appertaining to their respective offices, shall forfeit and pay any sum not exceeding five hundred dollars, and be imprisoned any time not exceeding thirty days, at the discretion of the court before whom such trial may be had, Provided, That if the county commissioners court on settlement with the county treasurer, shall find him in default, they may remove said treasurer from office, and appoint one in his stead who shall continue in office until his successor shall be elected and qualified.6

Laws repealed.

Proviso.

Sec. 5. All laws and parts of laws authorizing the county commissioners courts to appoint clerks and county treasurers, be, and the same is hereby repealed, Provided, however, That the county commissioners court may for good cause to be spread of record remove their clerk and appoint another who shall continue in office until his successor be elected and qualified.7

Approved 7th Feb., 1837.

1On January 7, 1837, the House of Representatives added to the title the words “public administrators and notaries public.” On January 30, the Senate struck out these words.
Illinois House Journal. 1836. 10th G. A., 1st sess., 192; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 321.

2Alpheus Wheeler introduced HB 6 in the House of Representatives on December 17, 1836. On December 29, the House referred the bill to a select committee. The select committee reported back the bill on January 3, 1837, with a substitute, in which the House concurred. The House then referred the bill as substituted to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on January 7 with a substitute, in which the House concurred after adding the words “public administrators and notaries public” to the first section. The House ordered the bill engrossed for a third reading by a vote of 65 yeas to 7 nays, with Abraham Lincoln voting yea. On January 9, the House passed the bill as substituted by a vote of 61 yeas to 7 nays, with Lincoln voting yea. On January 10, the Senate ordered the bill to a second reading by a vote of 27 yeas to 7 nays. On January 14, the Senate referred the bill and a proposed substitute to the Committee of the Whole and made it the special order of the day for January 17. On January 26, the Senate discharged the Committee of the Whole from further consideration. The Senate defeated several attempts to amend the substitute, finally adopting the proposed substitute by a vote of 21 yeas to 16 nays. The Senate referred the bill to another select committee. The select committee reported back the bill on January 27 with an amendment. The Senate refused to indefinitely postpone consideration by a vote of 11 yeas to 26 nays. The Senate defeated several amendments to the amendment, finally amending it by adding provisos to the fourth and fifth sections. On January 29, the Senate struck out “1838” in the first section, inserting in lieu thereof “1839.” The Senate passed the bill as amended on January 30 by a vote of 28 yeas to 7 nays, amending the title by striking out the words “public administrators and notaries public.” The House concurred with the Senate amendments and amended title on February 3. On February 7, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 33, 66-67, 137, 167, 192, 222, 433, 468, 483, 505; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 180, 190, 202, 212-14, 239, 302-304, 306-308, 314, 320-21, 351, 352.

3On January 29, 1837, the Senate amended the bill by striking out “1838” and inserting “1839.”
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 314.

4Section twenty-five of the general election law enacted in 1829 governed the election of county commissioners. This law included no provision for filling vacancies, nor did the law establishing county commissioners’ courts. In March 1837, the General Assembly passed an act that corrected this omission and changed the rules governing elections for county commissioners.
“An Act Establishing the Courts of County Commissioners,” 22 March 1819, Laws of the State of Illinois (1819), 175-77; “An Act Regulating Elections,” 10 January 1829, The Revised Code of Laws, of Illinois (1829), 67.

5Section twenty-two of the general election law of 1829 dealt with contested elections for sheriff, coroner, or county commissioner.
“An Act Regulating Elections,” 65.

6On January 27, 1837, the Senate added this proviso.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 308.

7On January 27, 1837, the Senate added this proviso. Section two of the law establishing county commissioners’ courts gave county commissioners the power to appoint and remove clerks.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 307-308; “An Act Establishing the Courts of County Commissioners,” 175.