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Sec.[Section] 1. Be it enacted by the People of the State of Illinois Represented in the General Assembly That the Governor of the State of Illi[nois is] hereby authorised and required to [?] to be published[?] ^6 +^ rom and after the first day of March [?] [in] the Illinois State Register and Alton C[commercial Gaze] tte and Telegraph, Missouri Republican [Louis]ville Journal and New York New Era, that bids will be received by him at any time previous to the first day of June
next, for the ground belonging to the State on part of which this Penitentiary is now situated excepting and [?] on the [river?] twenty five [?] second street and also[?] on which the Penitentiary stands until the convicts are removed to the new penitentiary, and the walls stones, timbers and all other materials composing or belonging to
said walls, the prison shops and all the buildings attached or belonging thereto except
the Wardens house; and also reserving right of taking away or causing to be taken
[?] materials at any time or times [?] three years from and after the sale of [?] aforesaid, and the use of the stone quarry [?] the new Penitentiary shall be ready for the reception of the Convicts. And the Governor shall [?] the highest and best bid that shall be [?] responsible person or persons [?]
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[?] the [?] State, and proceed to [?] the [?] at such time as he in his judgment [?] think will best advance the interest of [the?] State; Provided That no bid shall be [?] which does [?]2Sec 2 The [?] [shall?] [?] for [?] purchase money [?] balance to be paid in three equal instalments at Eight per centum per annum. And it shall be the duty of the Governor if [suitable bids] shall be made, to select the best bid or bids and close the Contract by giving a
title bond to the purchaser or purchasers immediately[?] to convey to all the right title interest and [?] of the State of Illinois to the premises aforesaid [?] or any pa[?] [thereof?] [?] chasers pay [?] the [purchaser?] [?] interest; the payment of [which shall be secured?] by notes with good and solvent securities to be approved of by the Governor, and
the notes aforesaid shall be payable to the Governor of the State of Illinois for the time being [?] to his successors in office, for the use of the People of the State of Illinois [?]
Sec 3. That [?] [shall?] the time being shall [?] the power [?] shall be his duty, to sue for and recover [?] at such time as the same be needed for the use of the People of the State of Illinois and whenever the whole of the purchase [?]
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interest shall have been paid or [security?] be paid to his satisfaction, the Governor of the State for the time being, shall have power and he is hereby authorized and required to
convey the said [?] any [?] [thereof?] [?] the [?] of the [?] as the [?]
Sec. 4. So soon as the Governor shall [?] the sale as aforesaid, it shall be his duty to notify the Committee herein after
appointed of the fact and it shall thereupon be the duty of said Committee to repair
to Alton examine the Country in and adjacent thereto and select a suitable site within three
miles of the ground now occupied by the penitentiary, it shall be the further duty
of the Committee to procure by purchase not exceeding one hundred Dollars per [?] by donation, five acres of ground in the form of a square or parallellogram, to be [?] than four hundred and fifty feet on the North side and it shall be their duty to
receive any donation or donations in lots or lands that may be offered ^and accept the offer most favorable to the state[?] ^ and for the lands so bought donated, and also for such lands as [?], the Committee shall [?] general [?] of the State of Illinois [?] [People thereof?] to be Examined and approved by the Attorney general after which it shall be their
duty and they are hereby Empowered, to locate the Penitentiary of the State of Illinois permanently on the five acres of ground selected on the said [?]
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Sec 5. When[?] have selected the [?] inspectors of the Penitentiary to [?] some suitable person or persons, to erect [there] on a Penitentiary on the plan at present[?], or on the plan of the Pennsylvania penitentiary at Philadelphia [?] [by said?] [?] said [?] power to make all contracts necessary [?] the Construction and Completion of said penitentiary, together with all the houses shops buildings and improvements necessary thereto
and they are further clothed with full power and it is made their duty whenever any
contractor shall fail to comply [?] contract or [?] [?] to rescind and annul said contract [?] the work or Contract to some other person
Sec. 6. Until a sufficient number of cells of the new Penitentiary shall be Completed the present one, with the shops and all other buildings shall
be reserved and be used for the Confinement of Convicts therein as now is or hereafter
may be provided by law[?] may be needed may be used in the Construction of the new penitentiary, work shops and other houses under the direction and authority of the inspectors.
Sec. 7. The new penitentiary wall shall
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enclose a square of three hundred feet shall be thirty feet high from the surface
of the ground to the top of the wall shall be five feet in thickness from the foundation
to the surface of the ground at the surface of the ground the wall shall be reduced
to four feet in thickness and shall be continue to be reduced in thickness so as to make the wall two and a half feet
at the top. The wall shall be built of rubble masonry, range work of rough hammer
dressed stone, headers and stretchers of stone, of suitable size, to be as smooth
as such description of work can well be made, with suitable gates and openings. The
Cells in the prison intended for solitary confinement to be constructed with a [?] to [?] if necessary, to be lined with strong oak or such other finish as will best promote
the object.
Sec. 8. When the new penitentiary shall be completed, or placed in a Condition to receive convicts, and such fact is
certified by the inspectors to the Warden of the penitentiary, it shall be [?] penitentiary shall thence forth be the penitentiary of this State. And the said Inspectors are hereby, empowered to sell, at a suitable time or times,
all such work shops, buildings or parts of walls or buildings or materials comprising
said buildings, or all or part of the materials comprising the present penitentiary, as the interest of the State [?]
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[?] of the State [?]
Sec. 9. That for the purpose of relocating the penitentiary as provided by the fourth section of this act a joint select committee of two on
the part of the house said one on the part of the Senate shall be appointed who shall reside at places remote from Alton and who [?] the [?] for the [?] [of the?] penitentiary and to do and perform all duties required under the provisions of this act in
relocating the penitentiary and who shall, [upon?] having deposited the deeds by them procured in the proper officers for record make
a report accompanied by a survey of the grounds so selected to the office of the
secretary of state of their doings in the premises, and should all of some of the
committee die or refuse or neglect to act in the premises it shall be the duty of
the Governor to fill such vacancy or vacancies by appointment.
Sec 10. The inspectors of the penitentiary shall employ a Competent agent to superintend the building of the new penitentiary as the work progresses who shall report to the inspectors from time to time as to
the manner in which the work is performed and of its progress and [?] things to be under the direction of the inspectors; and they shall pay said agent
not exceeding three dollars per day for his services
Sec 11. The inspectors may assign
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work or parts of work to the Warden of the penitentiary as they may think proper and it shall be the duty of the Warden when ever the same
can be done with safety to employ the Convicts [?] performance of such work [?]
Sec. 12. All monies Coming into the hands of the Governor by reason of the sale of any
part of the penitentiary grounds as by this act authorized, shall by him be deposited in the branch of the
State Bank of Illinois at Alton, or in the branch of the Bank of Illinois at Alton and shall constitute a fund for the erection of a new penitentiary on the new site so selected, and the inspectors of the penitentiary shall have power and they are hereby authorized to check for the same as it shall
be acquired in the new Construction and for no other purpose.
Sec 13. That are hereby appointed on the part of the house and [?] is hereby appointed on the part of the Senate [the joint?] Committee to perform the duties assigned as aforesaid.
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[ docketing
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[02]/[23]/[1839]
[02]/[23]/[1839]
Engrossed
[ docketing
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[03]/[01]/[1839]
[03]/[01]/[1839]
laid on [table?] [?]
[?]
[?]
1On January 22, 1839, James Craig introduced HB 177 in the House of Representatives, and the House laid the bill on the table and ordered the bill to be printed. On
February 14, the House referred the bill to a committee of the Whole and made the
bill the special order of the day for Monday next. On February 18, the House refused
to resolve itself into a committee of the Whole. On February 21, the House again refused
to resolve itself into a committee of the Whole. On February 22, The House adopted
an amendment to the first section. members of the House offered amendments, and the House voted
31 yeas to 36 nays (Abraham Lincoln did not vote) against a motion to indefinitely postpone the bill, which the House
then referred to the Committee on the Penitentiary. On February 23, the Committee on the Penitentiary reported the bill with several
amendments, and the House concurred in those amendments. On February 26, the House passed the
bill by a vote of 35 yeas to 33 nays, with Lincoln voting yea. On March 1, the Senate voted to lay the bill on the table until the Fourth of July next. The General Assembly took no further action on the bill during this session. The General Assembly did
not authorize the construction of a new penitentiary until 1857.
Illinois House Journal. 1838. 11th G. A., 1st sess., 257, 401, 427, 441, 472, 482, 485, 505, 523, 581;
Illinois Senate Journal. 1838. 11th G. A., 1st sess., 437, 463-464, 481-482; “An Act to Locate and Build
an Additional Penitentiary,” 19 February 1857, Laws of the State of Illinois (1857), 131-36.
2On February 22, 1839, the House of Representatives adopted an amendment to the first section.
Illinois House Journal. 1838. 11th G. A., 1st sess., 482.
Handwritten Document, 10 page(s), Folder 138, HB 177, GA Session 11-1, Illinois State Archives [Springfield, IL] ,