Papers Of Abraham Lincoln

In force, Feb.[February] 27, 1841.

An ACT in relation to Pedlars.
1

Merchants & others to procure license.

Term of license.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no merchant, auctioneer, pedlar, or other person or persons, company or corporation shall hereafter be permitted to vend, sell, or retail, either at public auction, or private sale, any goods, wares or merchandize without having obtained a license for that purpose from the county commissioners’ court of the proper county in which such goods, wares, or merchandize may be offered for sale, for which he or they at the granting thereof shall pay into the county treasury, for the use of such county such sum as may be assessed by said court, not less than five, nor more than one hundred dollars; which license, when procured, shall authorize the person or persons to whom the same may be granted to vend, sell, and retail goods in such county for the term of one year from the time of granting the same, or if a merchant, until the State and county tax shall be assessed by the proper authority of the State, according to the provisions of an act, entitled “An Act Concerning the Public Revenue” approved, February 26, 1839.

Clerk to grant permi in vacation.

Proviso.

Sec. 2. If the county commissioners’ court should not be in session when the application is made for license as aforesaid, it shall be lawful for the clerk of said court to grant a written permission to such applicant or applicants, to vend, sell, or retail goods, wares, and merchandize, as aforesaid until the end of the next term of said court, or the period mentioned in the first section of this act. If the said court shall at the next term after the granting of such permit, upon examination, approve the same; Provided, Such applicant or applicants shall pay into the county treasury for the use aforesaid, such

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sum as said clerk, in his discretion, may direct according to the provisions of this act.

Com’rs to assess amount.

Sec. 3. When a permission shall be granted by the clerk in vacation as aforesaid, it shall be the duty of the county commissioners’ court, at their next term thereafter, to examine such permit, and to proceed forthwith to assess the amount to be paid for license to be paid in such case as in the case of original applications.

Penalty.

Sec. 4. If any person or persons, company or corporation, shall directly keep a store, or sell, or vend, or retail any goods, wares, or merchandize (except regular merchants who pay a tax to the county and State upon their goods, according to the provisions of an act, entitled “An Act Concerning the Public Revenue,” approved, February twenty-six, one thousand eight hundred and thirty-nine,) without being duly authorized by license or permit as aforesaid, such person or persons, company or corporation so offending shall forfeit and pay any sum, not exceeding one hundred, nor less than ten dollars, to be recovered by action of debt, in the name of the people of the State of Illinois, for the use of the proper county, before any court of record having jurisdiction of the same, or before any justice of the peace, or probate justice of the peace, who are hereby vested with jurisdiction in all cases under the provisions of this act, subject to appeal to the circuit court as in other cases.

Persons not subject to this act.

Sec. 5. This act shall not be construed to extend to the sale of goods, wares, and merchandize by persons who are not merchants, auctioneers, grocers, grocery keepers or pedlars, or to merchants who pay an annual tax upon merchandize assessed according to the present revenue law as before mentioned.

Domestic manufactures excepted.

Act repealed

Sec. 6. That this act shall not be construed to extend to persons who manufacture and sell their own commodities within this State.2 That all laws and parts of laws coming within the provisions of this act, be and the same are hereby repealed. 3

Approved, February 27, 1841.

1Byrd Monroe introduced SB 7, originally titled "A Bill to Amend 'An Act Concerning the Public Revenue,' Approved February 26, 1839," in the Senate on November 30, 1840. The Senate passed the bill on December 14, amending the title so as to read “A Bill in relation to Pedlars.” On December 21, the House of Representatives referred the bill to the Committee on Finance, of which Abraham Lincoln was a members. The Committee on Finance reported back the bill on December 24 with amendments, in which the House concurred. On December 30, the House tabled a substitute bill, referring the bill to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on January 4, 1841, with amendments to report to the Committee on Finance. The House ordered the bill to a third reading by a vote of 50 yeas to 26 nays, with Lincoln not voting. On January 18, the House referred the bill back to the Committee on Finance. The Committee on Finance reported back the bill on February 25 without amendment, and the House passed it as previously amended. The Senate concurred with the House amendments on February 26. On February 27, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1840. 12th G. A., 117, 119, 142, 153, 164-65, 179-80, 242, 504, 546; Illinois Senate Journal. 1840. 12th G. A., 27, 70, 75, 76, 411, 413, 429, 444.

2During debate in the House of Representatives on December 30, Ebenezer Peck explained that SB 7 was designed to protect domestic manufacturers from foreign competition.
Illinois State Register (Springfield, IL), 8 January 1841, 2:3.

3Section sixty-three of the revenue act of 1839 had repealed all laws requiring merchants to obtain a license to sell goods. On December 14, 1840, the Senate amended the bill’s title.
Illinois Senate Journal. 1840. 12th G. A., 76;