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In force March 4, 1837.
AN ACT making appropriations for the years 1837 & 1838.
1
Contingent fund.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the sum of eight thousand dollars be, and the same is hereby appropriated as a contingent fund, to meet the contingent expenses for the years 1837 and 1838. Said fund shall be subject to the order of the Governor, for the purpose of defraying all such expenses as are unforeseen by the General Assembly or otherwise unprovided for by law, and a proper statement of which shall be laid before the next General Assembly or otherwise unprovided for by law, and a proper statement of which shall be laid before the next General Assembly of this State by the Auditor in his biennial report.
Incidental expenses of Penitentiary.
Sec. 2. The sum of three thousand dollars is hereby appropriated to defray the incidental expenses of the Penitentiary for the years 1837 and 1838, and the balance due the Warden of the Penitentiary for the year 1836. Said fund shall be subject to the order and direction of the Inspec-
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tors of the Penitentiary, and the detailed statement of all such expenses shall be laid before the next General Assembly of this State, shewing particularly the manner in which the same may have been expended.
Salaries.
Sec. 3. The following sums be, and the same are hereby appropriated in full for the salaries of the several officers hereinafter mentioned, for the years 1837 and 1838.
1st. To the Governor, two thousand dollars.
2d. To the Auditor of Public Accounts including clerk hire, three thousand two hundred dollars.
3d. To the State Treasurer, including clerk hire, three thousand two hundred dollars.
4th. To the Secretary of State, including clerk hire and copying of laws, two thousand two hundred dollars.
5th. To the Judges of the Supreme Court, eight thousand dollars.
6th. To the Judges of the Circuit Courts, ten thousand dollars.
7th. To the Attorney General and State’s Attorneys, three thousand seven hundred dollars.
8th. To the Warden of the Penitentiary, sixteen hundred dollars.2
9th. To the agent of the Ohio Saline, four hundred dollars.
10th. To the Secretary of the Council of Revision, four dollars per day.3
Compensation of Speakers and Members of the General Assembly.
Sec. 4. That there shall be allowed to the Speaker of the Senate and the Speaker of the House of Representatives, the sum of six dollars per day, and four dollars for every twenty miles necessary travelling in going to, and returning from the Seat of Government of the State.
3d. To each member of the Senate and House of Representatives, the sum of four dollars per day for every day’s attendance at the present session of the General Assembly, and four dollars for every twenty miles necessary travel in going to, and returning from the Seat of Government of this State.
Secretary of Senate and Clerks of both Houses.
4th. To the Secretary of the Senate and principal Clerk of the House of Representatives, six dollars per day.
5th. To the assistant Clerk of each House, five dollars per day.4
6th. To the Engrossing and Enrolling Clerk of the House of Representatives, five dollars per day.5
Door Keeper.
7th. To the Door Keeper of each House, four dollars per day.
8th. To the Secretary of the Senate and Principal Clerk of the House of Representatives, the sum of three hundred and fifty dollars each, for furnishing a copy of the Journals for the press.

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Committees that examined the State Bank and the Bank at Shawneetown.
9th. To each member of the committee appointed to examine the State Bank of Illinois, the sum of four dollars for every twenty miles necessary travel in going to, and returning from Springfield.
How to be certified.
10th. To each member of the committee appointed to examine the Bank at Shawneetown, the sum of four dollars for every twenty miles necessary travel in going to, and returning from Shawneetown. Said compensation when due the members and officers of the Senate, shall be certified by the Secretary thereof, except his own, which shall be certified by the Speaker; and said compensation when due the members and officers of the House of Representatives, shall be certified by the Principal Clerk, except his own, which shall be certified by the Speaker; which certificate, so made out, shall be a sufficient voucher to the Auditor to draw his warrant on the Treasury for the amount to which each person shall be entitled as aforesaid, to be paid out of any money in the Treasury not otherwise appropriated.6
Duty of Auditor.
Sec. 5. The Auditor of Public Accounts shall issue his warrant on the Treasury in favour of the different persons hereinafter named, for the several sums annexed to their respective names to wit:
2d. To Walter B. Scates, the sum of ten dollars for two days services as Clerk pro-tempore for the House of Representatives.
3d. To Jefferson Weatherford, the sum of seven dollars cash advanced for amount paid to an assistant to furnish wood during the present session, the sum of one dollar and twenty-five cents per day:
4th. And for a person employed by him to sleep in the State House during the night, to preserve it from fire, the sum of two dollars and seventy-five cents per week.
B B Craig.
To Bazil B. Craig, the sum of eight dollars for two days services as Door Keeper pro-tem to the House of Representatives.
H Eccles
5th. To Henry Eccles, the sum of five dollars and fifty cents, for articles furnished for the use of the State.
C. C Blockburger.
6. To C. B. Blockburger, the sum of twelve dollars and fifty cents, for articles found and services rendered the State.
7th. To the Engrossing and Enrolling Clerk of the House of Representatives, the sum of twenty-five dollars for room rent
W S Marshal & Co
8th. To William S. Marshall and Co., the sum of thirty-one dollars fifty-nine and a half cents, for articles furnished for the funeral of the Hon. David Nowlin.
J. Forehand
9th. To Jarvis Forehand, the sum of three dollars per day for his attendance on the Council of Revision, the
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number of days to be certified by the Council of Revision.7
Stout & Johnson.
10th. To Stout and Johnson, the sum of two hundred and five dollars thirty-seven and a half cents, for stationary furnished for the use of the State.
A. Peebles.
To Augusta Peebles, the sum of nineteen dollars per month, for the rent of a room for the Council of Revision, the time to be certified by the Secretary of the Council.
J. Forehand.
To Jarvis Forehand, the sum of twenty-one dollars, for attendance on the Council of Revision at the last session of the Legislature.
H Smith.
To Henry Smith, the sum of sixty-nine dollars sixty eight and three fourth cents, for articles furnished for the funeral of the Hon. Resolved Graham.
Blackwell & Eccles.
To Blackwell and Eccles, the sum of ninety-seven dollars and nine cents, for articles furnished for the use of the State.
A. & H. Lee.
To A. and H. Lee, the sum of fifty-two dollars, for work done on the State House.
To William Hodge, the sum of two dollars and fifty cents, for work done on the State House.
To Robert Blackwell, the sum of twenty dollars per month, for the rent of a room furnished to the Secretary of State, the time to be certified by the Secretary of State.
To Robert Blackwell, the sum of twenty dollars per month, for the rent of a room furnished to the Auditor of Public Aceounts.
To William Hodge, the sum of one dollar for qualifying members of the General Assembly.
E. Capps.
To E. Capps, the sum of forty-one dollars twelve and a half cents, for articles furnished to the use of the State.
J. F. Maddox.
To John F. Maddox, the sum of six dollars for work done on the State House.
T. C. Kirkman.
To T. C. Kirkman, the sum of eight dollars, for qualifying members of the House of Representatives.
M. Philips.
To Moses Philips, the sum of twenty dollars for articles furnished for the funeral of the Hon. David Nowlin.
J. C. Bruner.
To Jacob C. Bruner, the sum of seventy dollars eighty-seven cents, in full for his salary as Warden of the Penitentiary.
Mrs. Briggs.
To Mrs. Briggs, the sum of fifteen dollars.
W S. Marshall and co.
To William S. Marshall and Co., the sum of five dollars forty-three and three fourth cents, for articles furnished the State.
Wm. L. Graves
To William L. Graves, the sum of nineteen dolllars, for work done on the State House.
To William Walters, the sum of fifteen dollars per month, for the rent of a room for the use of the Treasurer; the time to be certified by the Treasurer.

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To William Walters, the sum of twelve dollars per month for the rent of a room for the use of the Clerk of the Supreme Court, the time to be certified by the Clerk.
Wm. S. Marshall & co.
To William S. Marshall and Co., the sum of three hundred and twenty-two dollars and twenty cents, for stoves and other articles furnished for the use of the State.
Clerk of committee.
To the Clerk of the Committee appointed to examine the State Bank of Illinois, the sum of four dollars per day, to be certified by the Chairman of the committee.
To William Linn, the sum of forty dollars, for articles furnished for the use of the State.
Judges of Supreme Court.
To the Judges of the Supreme Court, the sum of two hundred dollars per year in addition to their present salary.
Judges of Circuit Courts.
To the Judges of the Circuit Courts, the sum of two hundred and fifty dollars per year in addition to their present salary, except in the sixth circuit.8
Auditor.
To the Auditor of Public Accounts, the sum of four hundred dollars per year for additional Clerk hire.
Secretary of State.
To the Secretary of State, the sum of three hundred dollars for additional Clerk hire.
Clerk of House
To the second assistant Clerk of the House of Representatives, the sum of four dollars per day, the number of days necessarily employed to be certified by the Principal Clerk.
To Joseph Green, the sum of one hundred and fifty dollars, the amount paid by him out of his own private funds to Josiah Crocker, for the apprehension of Timothy Bennet a fugitive from justice.
Jas. M. Duncan.
To James M. Duncan, the sum of thirty dollars, for a ten plate stove and pipes furnished for the use of the Supreme Court of this State.
John D. Gorin
To John D. Gorin agent of the School House in Vandalia, the sum of twenty-seven dollars and fifty cents, for eleven weeks rent of said house, for the use of the Supreme Court.9
To William H. Henderson, the sum of two dollars per day, for acting as Clerk to the committee on Roads and Canals for twenty days.10
G. W. Forsyth.
To George W. Forsyth, Josiah Fisk and Wm. H. Henderson, the sum of four dollars per day each, for assisting the Engrossing and Enrolling Clerk of the House of Representatives, the number of days necessarily employed to be certified by the Engrossing and Enrolling Clerk.11
Appropriation out of avails of Vermillion Saline lands.
There shall be appropriated out of the avails of the Vermillion Saline Lands, the sum of three hundred dollars to be drawn by, and expended under the direction of Edward T. Morgan and Isaac Reed, on the road leading from Wiggins’ Ferry to the bluff, near the residence of Michael Palmier in the county of Monroe.12

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President and acting Commissioners of Illinois and Michigan canal.
The President and acting Commissioners of the Illinois and Michigan Canal shall be entitled to five dollars each per day, for their servic[e]s for the time actually and bonafide engaged in the discharge of their respective duties, payable out of the Canal Fund quarterly, which shall be in lieu of the salary and compensation heretofore allowed said Commissioners.13
A. & H. Lee.
To A. and H. Lee, the sum of eight hundred and sixty eight dollars, for work to be done on the new State House, to be paid agreeably to a contract entered into with the said Lees, by the joint select committee of the General Assembly, and on file in the office of the Secretary of State.
Additional sum to the secretary of State for copying the laws.
For copying the laws and making marginal notes, and making an index to the same, comparing the printed sheets with the enrolled bills of the present session of the General Assembly, in addition to the allowance already made, the secretary of state shall receive the sum of five hundred dollars.14
J. F. Owings.
To James F. Owings the sum of thirty dollars and fifty cents, for services rendered the joint committee upon the State Bank of Illinois and branches, in copying documents &c.[etc.]
Daniel Campbell.
To Daniel Campbell the sum of sixteen dollars and twenty-five cents, for cash advanced.
To Richard B. Servant, the sum of twenty dollars, for unavoidable expenses in returning from Springfield, as one of the committee to investigate the State Bank of Illinois.
To William Hodge, the sum of eight dollars, for qualifying members of the Senate.
To Nathaniel Parker, the sum of ninety dollars for services rendered as agent of the State.
To William Hodge, the sum of twelve dollars, for four tables furnished the State.
To William G. Flood, the sum of forty dollars for eight days services as secretary pro tem., during the illness of the secretary
To Jesse B. Thomas, secretary of the Senate, and William G. Flood enrolling and engrossing clerk of the Senate, the sum of forty dollars for room rent.15
To George W. Caruthers, the sum of ten dollars for assisting the secretary of the Senate two days.
To William C. Greenup, the sum of ten dollars for assisting the secretary of the Senate two days.
State House.
The sum of one thousand dollars, or so much thereof as may be necessary for finishing the lower rooms in the State House for the public officers, shall be paid out of the contingent fund, under the direction of the Auditor and Treasurer.

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Clerk of Senate
To the enrolling and engrossing clerk of the Senate, the sum of five dollars per day.
Assistant Serg.[Sergeant] at Arms.
To the assistant sergeant-at-arms, the sum of four dollars per day, the number of days to be certified by the secretary of the Senate.
The sum of three dollars is hereby appropriated to E. D. Baker, for stationary for the use of the committee to investigate the condition of the State Bank of Illinois.
E. Capps.
The sum of fifty dollars is hereby appropriated to Ebenezer Capps, for the use and rent of a room for the committees of the present General Assembly.
The sum of fifty-two dollars is hereby appropriated to William Hodge, for assisting the Engrossing and Enrolling Clerk of the Senate, thirteen days.
Chas. V. Dyer.
The sum of thirty-two dollars is hereby appropriated to Charles V. Dyer, for eight days services assisting the Engrossing and Enrolling Clerk to the Senate.
J. W. Whitney.
The sum of twenty dollars is hereby appropriated to J. W. Whitney, for five days services assisting the Engrossing and Enrolling Clerk of the Senate.
Speaker pro tem of the H. R.
To the Speaker pro tem of the House of Representatives, six dollars per day, while serving in that capacity.16
Estate of J. Y. Sawyer.
To the estate of J. Y. Sawyer deceased, for printing and publishing the non-resident tax list of Adams county, eighty-three dollars sixty-four cents.17
Estate of J. Y Sawyer.
To the estate of J. Y. Sawyer deceased, for six per cent upon the amount of printing the laws of 1835 and '6, which was deducted by the Auditor, one hundred and forty-one dollars and eighty-four cents.18
Adm’r[Administrator] of Tyler D. Hewit.
That the sum of fifty dollars be, and the same is hereby appropriated to the Administrator of Tyler D. Hewit late Commissioner of sales of Saline lands, for making the maps of the Saline reserve, to be paid out of the money arising from the sales of Saline lands not otherwise appropriated.19
That the sum of fifty dollars be, and the same is hereby appropriated to Leonard White, to reimburse him for fees and expenses incurred in prosecuting injunctions in relation to the application of the money by the act of 1827, appropriated to the improvement of the Saline river,20 to be paid out of the moneys arising from the sales of the Saline lands, not otherwise appropriated.21
Estate of J. Y. Sawyer dec’d.[deceased]
To the estate of J. Y. Sawyer deceased, twelve dollars for printing the bill relating to the establishment of Schools and Seminaries, at a former session.22
D. Campbell.
To Daniel Campbell, sixteen dollars and fifty cents paid by him for an assistant eleven days, at one dollar and fifty cents per day, at the present session.23
Trustees of the town of Vandalia.
To the Trustees of the town of Vandalia, the lot of
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ground on which the old State House stood the last year, to be used as they shall think proper.24
Approved, March 4, 1837.
1On February 9, 1837, William Moore of the Committee on Finance, of which Abraham Lincoln was a member, introduced HB 204 in the House of Representatives. The House referred the bill to the Committee on Public Accounts and Expenditures. The Committee on Public Accounts and Expenditures reported back the bill on February 21 with amendments, and the House referred the bill and proposed amendments to the Committee of the Whole and made it the special order of the day for February 23. On February 23, the Committee of the Whole House reported back the bill with amendments and, on the motion of Lincoln, the House referred the bill and proposed amendments to the Committee on Public Accounts and Expenditures. The Committee on Public Accounts and Expenditures reported back the bill on February 27 with amendments, and the House referred the bill and proposed amendments to the Committee of the Whole and made it the special order of the day for the evening session. In the evening session, the House discharged the Committee of the Whole from further consideration and adopted the amendments of the Committee on Public Accounts and Expenditures. The House further amended the amendments by inserting after “$300,” the words “and fifty.” The House rejected an amendment to reduce the additional salaries of judges of the circuit courts by a vote of 22 yeas to 46 nays, with Lincoln voting nay. The House further amended the amendments by changing the salary of the warden of the Penitentiary. The House rejected an amendment changing the per diem allowance of members of the General Assembly from $4 to $3 by a vote of 30 yeas to 41 nays, with Lincoln voting nay. The House adopted an amendment giving members a per diem up to $4 by a vote of 49 yeas to 21 nays, with Lincoln voting nay. The House refused to re-consider this vote by a vote of 33 yeas to 40 nays, with Lincoln voting yea. The House rejected an amendment to strike out “$4” and insert in lieu thereof “$3” as the per diem allowance by a vote of 28 yeas to 41 nays, with Lincoln voting nay. The House concurred in the amendments as amended. The House refused to further amend the bill by striking out all after the enacting clause and inserting in lieu thereof a substitute by a vote of 24 yeas to 41 nays, with Lincoln voting nay. On March 1, the House adopted an amendment giving per diem allowances to J. W. Whitney and Lewis W. Ross. The House amended this amendment by reducing the amount of the allowance from $3 to $2 per day. The House rejected the amendment as amended by a vote of 29 yeas to 39 nays, with Lincoln voting yea. The House rejected an amendment giving Ross a $2 per day allowance by a vote of 31 yeas to 34 nays, with Lincoln voting nay. The House further amended the bill by giving William H. Henderson an allowance of $2 per day for aiding the Committee on Roads and Canals. The House also amended the bill by giving an additional per diem allowance to Henderson and sums to George W. Forsyth and Josiah Fisk. The House further amended the bill by allotting a sum to John D. Gorin. The House passed the bill as amended. On March 2, the Senate referred the bill to the Committee on Public Accounts and Expenditures. The Committee on Public Accounts and Expenditures reported back the bill on March 3 with amendments. The Senate amended the amendments by adding language to the clause giving the secretary of state an additional appropriation to copy the laws. The Senate further amended the amendments by giving the speaker pro tempore of the House a per diem of $6; by making appropriations to Leonard White, and to the estates of John Y. Sawyer andTyler D. Hewit; and by adding provisions for William G. Flood and Daniel Campbell. The Senate then concurred in the amendments as amended. The Senate further amended the bill by striking out the proviso in the fourth section, and by striking out the word “five” in the same section and inserting in lieu thereof the word “six.” The Senate further amended the bill by striking out the word “three” in the last line of the third section and inserting in lieu thereof the word “four.” On March 4, the Senate amended the bill by striking out the additional appropriation of $250 per year for the judge of the sixth judicial circuit. The Senate also amended the bill by adding provision for the trustees of the town of Vandalia. The Senate further amended the bill by increasing some the per diem allowances in the fourth and fifth sections, by adding an appropriation for a road from St. Clair County to Monroe County, and by adding provision for the officers of the Illinois and Michigan Canal. The Senate passed the bill as amended by a vote of 19 yeas to 16 nays. On March 4, the House amended the Senate amendments by striking out provision for the treasurer of the Illinois and Michigan Canal. The House adopted the Senate amendments as amended by a vote of 36 yeas to 26 nays, with Lincoln voting yea. That same day, theCouncil of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 528, 658, 688, 689-90, 726-27, 739-51, 782-84, 850, 851-52, 853, 856; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 583, 619-22, 628-30, 637, 639.
2This figure represents an increase in the Warden’s annual salary from $600 to $800. On January 16, 1837, the General Assembly elected Benjamin Enloe, a sitting Representative, as warden of the Illinois State Penitentiary at Alton. Enloe began his duties on March 4, the same day the General Assembly passed this act increasing the warden’s salary to $800 annually. In July 1837, governor Joseph Duncan reported to the Illinois House of Representatives that in his opinion, the increase in Enloe’s salary was unconstitutional. Eight days later, the legislature passed an act abolishing the position of warden, transferring the warden’s authority and responsibilities in the Inspectors of the Penitentiary. Enloe only held the position of warden from March 4 to July 21, 1837, yet he claimed the state owed him the balance of the salary for the two-year term to which he was elected. In December 1838, Enloe brought suit in the Illinois Supreme Court in an attempt to compel the Auditor to pay him the remainder of his salary. The Court disagreed and refused to compel the Auditor to pay any further money to Enloe. In January 1839, the General Assembly passed an act directing the Auditor to pay $200 to Enloe as the remainder of his salary.
Illinois House Journal. 1836. 10th G. A., 1st sess., 276-79; People ex rel. Enloe v. Auditor of Public Accounts, 2 Ill. (1 Scammon) (1838) 536-38.
3On March 3, 1837, the Senate amended the bill by increasing the per diem from three to four dollars.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 622.
4On March 4, 1837, the Senate amended the bill by increasing the allowance from $4 to $5.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 629.
5On March 4, 1837, the Senate amended the bill by increasing the allowance from $4.50 to $5.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 629.
6On March 3, 1837, the Senate amended the bill by striking out the proviso.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 622.
7On March 4, 1837, the Senate amended the bill by increasing the allowance from $2 to $3.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 629.
8On March 4, 1837, the Senate amended the bill by excluding the judge of the sixth judicial circuit.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 629.
9On February 27, 1837, the House of Representatives amended the bill by adding a provision for Gorin.
10On February 27, 1837, the House of Representatives amended the bill by adding a provision for Henderson.
Illinois House Journal. 1836. 10th G. A., 1st sess., 783.
11On February 27, 1837, the House of Representatives amended the bill by adding a provision for Forsyth, FiskHenderson.
Illinois House Journal. 1836. 10th G. A., 1st sess., 783-84.
12On March 4, 1837, the Senate added this provision.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 629.
13On March 4, 1837, the Senate amended the bill by adding this provision. The House further amended this provision by striking out reference to the treasurer acting in the capacity of acting commissioner.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 629; Illinois House Journal. 1836. 10th G. A., 1st sess., 851.
14On March 3, 1837, the Senate amended the bill by altering some of the language in this provision.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 620.
15On March 3, 1837, the Senate amended the bill by adding provision for Flood.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 321.
16On March 3, 1837, the Senate amended the bill by adding this provision.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 620.
17On March 3, 1837, the Senate amended the bill by adding this provision.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 620.
18On March 3, 1837, the Senate amended the bill by adding this provision.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 620.
19On March 3, 1837, the Senate amended the bill by adding this provision.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 621.
20
“An Act concerning the Saline Reserves, a Penitentiary, and the Improvement of Certain Navigable Streams,” 15 February 1827 The Revised Code of Laws, of Illinois (1827), 353-60.
21On March 3, 1837, the Senate amended the bill by adding this provision.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 621.
22On March 3, 1837, the Senate amended the bill by adding this provision.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 621.
23On March 3, 1837, the Senate amended the bill by adding this provision.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 621.
24On March 4, 1837, the Senate amended the bill by adding this provision.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 629.

Printed Document, 8 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly (Vandalia, IL: William Walters, 1837), 3-10, GA Session: 10-1