Papers Of Abraham Lincoln

In force, Feb.[February] 26, 1841.

An ACT creating a Board of Auditors to settle the accounts of contractors on Public Works.
1

Board of auditors to settle claims of contractors.

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, Treasurer and Secretary of State, be and they are hereby created and constituted a board of auditors to audit, settle and adjust the claims and accounts of all such contractors who have been engaged upon the public works of the State of Illinois, and whose accounts have not been passed upon or rejected.

Board confined to claims on estimates.

Board may order re-estimate.

Sec. 2. Said board shall be con fined to such claims only as shall be based upon estimates made upon contracts entered into in accordance with law, and shall have power to order a re-estimate where injustice shall appear to be done either to the State or individuals, to examine witnesses upon oath, having power to administer oaths or affirmations to such witnesses, and to do all things necessary to ascertain and arrive at the amount justly due and owing from the State to such contractor or contractors.

Drafts on Fund commissioner.

Proviso.

Further proviso.

Sec. 3. When the board shall be advised and settle down upon the amount due, in justice and equity, for work done under contract, they shall draw a draft or drafts for the same upon the Fund Commissioner, bearing interest at the rate of six per cent. per annum from the date thereof until paid, which drafts may be drawn in any sum not less than fifty dollars: Provided, That in case the sum found due be less than fifty dollars, a draft may be drawn for the amount due to such individual or individuals: Provided, further, That no account or estimate for work done on any public work after the passage of this act, shall be audited or passed upon by said board.2

Record of proceedings of board.

Vouchers shall be filed.

Sec. 4. It shall be the duty of said board to keep a full record of all their proceedings, and in drawing drafts, the same shall be numbered, shew to whom drawn, the particular work, amount and date; all accounts, receipts, vouchers and certificates, examined and adjusted by them, shall be carefully filed and preserved, and they shall make such reports on the business assigned them as will enable the Governor from time to time to report to the Legislature the true and accurate amount allowed and awarded, and the proceedings of said board specially.

Limit of scrip

Sec. 5. Said board of auditors shall not be authorized to issue certificates of indebtedness to an amount above one hundred thousand dollars under the provisions of this act. 3

Board of settle with engineers.

Claims how established.

Sec. 6. It shall be the duty of said board of auditors to settle with and adjust the claims of any engineer who may have rendered service to the State under the internal improvement laws and who have not received compensation for such services. The said claims to be established in such manner as shall be satisfactory to said board, and when any

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balance shall be found due any engineer, the said board shall issue their draft for such balance on the Fund Commissioner as required by the third section of this act.4

Approved, February 26, 1841.

1On December 16, 1840, the House of Representatives adopted a resolution instructing the Committee on Public Accounts and Expenditures to investigate the wisdom of establishing a board of auditors to settle the accounts of contractors involved in public works. In response to this resolution, Joseph W. Ormsbee of the Committee on Public Accounts and Expenditures introduced HB 45 in the House on December 21. On December 22, the House amended the first section, referring the bill as amended to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on January 13, 1841, with amendments. The House refused the table the bill and proposed amendments by a vote of 31 yeas to 42 nays, with Abraham Lincoln not voting. On January 14, the House referred the bill and proposed amendments to the Committee on Finance, on which sat Lincoln. The Committee on Finance reported back the bill on January 22 with a substitute. The House tabled a motion to amend the fifth section by a vote of 64 yeas to 23 nays, with Lincoln voting yea. On January 23, the House amended the substitute by adding a proviso, but refused to strike out the fifth section by a vote of 29 yeas to 58 nays, with Lincoln voting nay. The House further tabled an amendment to the fifth section by a vote of 46 yeas to 39 nays, with Lincoln voting yea. The House agreed to add an additional section by a vote of 44 yeas to 41 nays, with Lincoln voting yea. The House then rejected the Committee of Finance’s substitute as amended, referring the bill and proposed amendments to a select committee. The select committee reported back the bill on January 28 with amendments, in which the House concurred. On February 4, the House amended the bill by adding a proviso to the third section. The House refused to strike out the third and fourth sections by a vote of 39 yeas to 44 nays, with Lincoln voting nay. The House tabled an amendment to add an additional section by a vote of 48 yeas to 32 nays, with Lincoln voting yea. The House refused to table the bill by a vote of 36 yeas to 43 nays, with Lincoln voting nay. The House amended the bill by adding an additional section, which they amended by a vote of 35 yeas to 32 yeas, with Lincoln voting nay. The House passed the bill as amended by a vote of 46 yeas to 34 nays, with Lincoln voting yea. On February 6, the Senate referred the bill to the Committee of Whole and made it the order of the day for February 8. On February 19, the Senate discharged the Committee of the Whole from further consideration. The Senate referred the bill to the Committee on Finance. The Committee on Finance reported back the bill on February 23 with amendments, in which the Senate did not concur. The Senate amended the bill by adding an additional section. The Senate passed the bill as amended by a vote of 17 yeas to 15 nays. The House concurred with the Senate amendments on or before February 25. On February 26, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives, of the Twelfth General Assembly of the State of Illinois, At Their Second Session, At Their Second Session, Begun and Held in the City of Springfield, December 7, 1840 (Springfield, IL: William Walters, 1840), 123, 138, 148, 149, 219, 223, 264, 267-69, 293, 299, 324-25, 326-28, 487, 507, 514, 531; Journal of the Senate of the Twelfth General Assembly of the State of Illinois, At Their Second Session, At Their Second Session, Begun and Held in the City of Springfield, December 7, 1840 (Springfield, IL: William Walters, 1840), 242, 250, 355, 379, 379-80.

2On February 4, 1841, the House of Representatives amended the bill by adding this proviso.
Journal of the House of Representatives, of the Twelfth General Assembly of the State of Illinois, At Their Second Session (Springfield, IL: William Walters, 1840), 326.

3On February 4, 1841, the House of Representatives amended the bill by adding this section. Before final approval, the House amended the amendment by striking out the words “and fifty” before the word “thousand.”
Journal of the House of Representatives, of the Twelfth General Assembly of the State of Illinois, At Their Second Session (Springfield, IL: William Walters, 1840), 328.

4On February 23, 1841, the Senate amended the bill by adding this section.
Journal of the Senate of the Twelfth General Assembly of the State of Illinois, At Their Second Session (Springfield, IL: William Walters, 1840),379-80.