Papers Of Abraham Lincoln

In force 4th March, 1837.

AN ACT to provide for the safe keeping and security of the Public Money.
1

Auditor shall contract with State Bank.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Auditor of Public Accounts shall contract with the President and Directors of the State Bank of Illinois, to receive upon deposite and disburse the revenue of the State upon the terms and conditions following:

Bank shall receive on deposite at the seat of government, all money paid into treasury, and at bank or other branches all monies of collectors.

First. The Bank shall open and keep accounts in the name of the State of Illinois, and receive upon deposite in their branch at the Seat of Government all money paid into the State Treasury, and receive upon deposite at their principal Bank, and the other branches, all money which may be deposited in the said principal Bank or any branch thereof, by any collector or agent of the State.

Bank to pay out at any branch upon warrant of auditor.

Second. The Bank shall be bound to payout the money deposited as aforesaid, either at the principal bank or any branch thereof, upon the warrant of the Auditor of Public Accounts.

Shall give certificate of deposite for all sums.

Third. The bank shall be bound where money is deposited by the Treasurer, or any officer or agent of the State, to give a certificate of deposite, or receipt for the same in the name of the State of Illinois.

Shall make no charge for disbursing revenue

Fourth. The bank shall make no charge against the State for receiving and disbursing the revenue as aforesaid.

Auditor shall notify treasurer

Treasurer shall deposite at Vandalia every week.

Shall take certificates.

Sec. 2. Upon making the contract aforesaid, the Auditor shall, notify the Treasurer thereof, and the Treasurer shall, without delay, deposite in the branch of the State Bank of Illinois at Vandalia all money and bank notes in his possession belonging to the State, and, at the end of every week thereafter, deposite in the said branch bank all money and bank notes received by him during the preceding week, and take certificates of deposite or receipts for the same.

Warrants to be countersigned.

Made payable at the principal bank or some branch thereof.

Sec. 3. After the contract shall be made with the bank as herein required, all warrants issued by the Auditor shall be countersigned by the Treasurer as heretofore, and shall be made payable either at the principal bank or some branch thereof, to the order of the person in whose favor the same may be issued, and the place of payment shall be at the option of the payee.

Certificates of deposite to be received by the treasurer as cash.

Sec. 4. After making the contract aforesaid, it shall be lawful for any collector of public money, to deposite all money collected in the said State Bank or any branch thereof, and certificates of deposite or receipts in the name of the State of Illinois, shall be received by the Treasurer as cash.

Treasurer shall deliver certificates of deposite or bank receipts, and Auditor shall give his receipt for same.

Sec. 5. When the Treasurer shall make his monthly reports to the Auditor as required by the act entitled an act

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to consolidate the acts relative to the Auditor and Treasurer, and election of Attorney General, approved on the second of March one thousand eight hundred and thirty three,2 he shall deliver to the Auditor certificates of deposite or bank receipts for all money paid into the Treasury during the preceding month. The Treasurer shall be entitled to a credit for the amount of said certificates and receipts, and the Auditor shall give a receipt for the same.

Auditor to settle with bank quarterly, shall take certificate of balance against the bank &c,[etc.]

Auditor to publish quarterly statements.

Sec. 6. The Auditor shall settle the accounts of the State with the bank quarterly; the bank shall be charged with all certificates of deposite and receipts which may have been delivered to the Auditor by the Treasurer, and shall be credited by all warrants paid, and if a balance be found against the bank at any such settlement, the Auditor shall take a certificate of deposite therefor, and if a balance be found against the State, the Auditor shall issue a warrant, to be countersigned by the Treasurer, in favor of the bank for such balance. At every such settlement, the certificates of deposite and receipts shall be returned to the bank, and the warrants paid by the bank shall be returned to the Auditor, and immediately after every settlement with the bank as aforesaid, the Auditor shall cause a statement of the amount of money received and paid out during the preceding quarter, to be published in the newspaper published by the public printer.

If Treasurer shall fail to report to Auditor.

Auditor shall give notice to the Governor who shall cause suit upon the bond of Treasurer.

Sec. 7. If the Treasurer shall at any time fail to make a monthly report to the Auditor as required by law, and if it shall appear from any monthly report made by him, or from any settlement made with the bank, that the Treasurer is in default to the State, the Auditor shall give information thereof to the Governor, whose duty it shall be to cause suit to be instituted upon the bond of such Treasurer, and to coerce payment of all sums of money recovered.3

Sec. 8. Suits may hereafter be instituted and maintained upon Treasurers bonds against the Treasurer and his securities, or against the Treasurer or any one of his securities, without first establishing the liability of the Treasurer by obtaining judgment against him alone.

Shall not effect the disposition of money received from United States.

Sec. 9. The provisions of this act shall not apply to or affect the disposition of any money which may be received by the late Treasurer from the United States, under the provisions of the act of Congress of the United States regulating the deposites of the public money,4 nor any monies borrowed for purposes of Internal Improvement.5

20th sec. of act repealed.

Sec. 10. The 20th section of the act entitled an act to consolidate the acts in relation to the Auditor and Treasurer, and election of Attorney General, approved March 2d 1833, is hereby repealed.6

Sec. 11. This act shall take effect on the passage thereof.

Approved March 4th, 1837.

1On December 24, 1836, William Thomas introduced SB 20 in the Senate. The Senate tabled the bill and ordered it printed. On February 27, 1837, the Senate took up the bill, amending language in sections seven and nine, and adding a new section . The Senate passed the bill as amended on February 28. On March 1, the House of Representatives referred the bill to the Committee on Finance, on which sat Abraham Lincoln. The Committee on Finance reported back the bill on March 3 with amendments. The House adopted an amendment striking out the seventh section. The House passed the bill as amended. The Senate concurred in the deletion of section seven, but otherwise refused to concur in the other House amendments. The House refused to recede from their amendments and, with the Senate, formed a conference committee to resolve their disagreement. On March 4, the committee on conference in its report agreed that the House would recede from their amendments. Later that day, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 772, 785, 818, 835-36, 848, 850; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 106, 530, 557, 605, 609, 622-23, 631, 637, 641.

2Section sixteen of the act provided for monthly reports. “An Act to Consolidate the Acts Relative to the Auditor and Treasurer and Election of Attorney General,” 2 March 1833, The Revised Laws of Illinois (1833), 103-107.

3On March 3, 1837, the House of Representatives amended the bill by striking out the seventh section. Section eight of the bill became section seven, nine became eight, ten became nine, eleven became ten, and twelve became eleven, in the final act.
Illinois House Journal. 1836. 10th G. A., 1st sess., 818.

4“An Act to Regulate the Deposites of Public Money,” 23 June 1836, Statutes at Large Sess. 1, Ch. 115, 52-56.

5On February 27, 1837, the Senate added the words “nor any monies borrowed for purposes of Internal Improvement.” Section 21 of the internal improvement act authorized the fund commissioners to borrow up to $8,000,000 to finance the internal improvement system.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 530.

6On February 27, 1837, the Senate added this section. Section twenty required the treasurer to make duplicates of the auditor’s books.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 530; “An Act to Consolidate the Acts Relative to the Auditor and Treasurer and Election of Attorney General,” 2 March 1833, 106-107.