2
Sect[Section] 1 Be it Enacted by the people of the State of Illinois Represented in the General Assembly That from and after the passage of this act all Canal Commissioners ^and Engineers^ shall take and subscribe the following oath to wit administered by some Justice of the Peace and Entered on the back of their commission,
a copy of which shall be sent to the Auditor of public Accounts, (to wit, I (A B)
do solemnly swear or affirm (as the Case may be) in the presence of Almighty God,
that I do not hold any interest in any contracts directly or indirectly for work done
and unsettled or to be done on the Canal line, or any subsisting contract made by former ^
the
^ Canal Commissioners, nor will I directly or indirectly have any interest in any contract
to be made by the Canal Commissioners or their agent, neither am I interested nor
will I be interested in any land which will[...?] be advanced in price by relocating any part of the canal, nor will I aid or assist in drawing off any water for hydraulic privileges on said
Canal line which will directly or indirectly benefit me or any one for my ben[efit] nor will I do any other act or thing as Canal Commissioner to advance the interest
of myself or any other person in preference to the interest of the State, so long as I shall continue in office but will to the best of my ability do all
things for the best interest of the State only while acting as Canal Commissioner
<Page 2>
Sect 2 All Engineers or their assistants shall before they are authorized to act take
and subscribe the same oath as near as may be [...?] and will apply, to be filed in the Canal office, a copy of which shall be sent by the Canal Commissioners to the Auditor as
aforesaid
Sect 3 If any Canal Commissioner or Engineer or their assistants shall swear knowingly
and falsely as stated in the preceding sections, he shall be liable to be indicted
for wilful and Corrupt perjury and punished accordingly
Sect 4 The ninth section of an act Entitled “an act to provide for the Sale of certain Canal Lands and for other purposes” aproved 21st July 18373 be & the same is hereby repealed and also so much any act as requires the Canal Commissioners
to swear they are not interested in any land within ten Miles of the Canal”
<Page 3>
<Page 4>
[ docketing
]
207
[ docketing
]
An act prescribing the oath of Canal Commissioners and other purposes
[ docketing
]
[02]/[17]/[1841]
[02]/[17]/[1841]
2 Canals
[ docketing
]
No 13
[ docketing
]
[02]/[22]/[1841]
[02]/[22]/[1841]
ord[ordered] to be Engrossed
<Page 5>
Be it enacted by the People of the State of Illinois represented in the General Assembly, That,
Sec.[Section] 1. The ninth section of an act entitled “an act to provide for the Sale of certain Canal Lands and for other purposes” approved 21
st
July 1837, be and the same is hereby repealed.
Sec. 2. It shall be the duty of the canal commissioners to make a report at the end of
each quarter to the Auditor, in which they shall distinctly show the amount of money
paid out during the quarter, to whom, when, and for what objects the payments were
severally made, which Report shall be accompanied by the vouchers or duplicates thereof,
of each payment referred to in the Report, and the receipts for the same period.
Sec. 3. The Auditor shall carefully examine the Reports, and compare them with the vouchers,
noting all errors and defects, (if any such errors or defects exist) and immediately
communicate the same to the canal commissioners for their correction, and submit the
same to the Governor, together with his opinion thereon, at all times when so required
by the Governor, or when the importance of the subject may seem to the Auditor to
require it.
Sec. 4. Whenever it shall appear to the Governor that any or all of the said commissioners
neglect their official duty or are guilty of malfeasance in office, and whenever in
his opinion the public interest requires the same, he shall remove them or either
of them from office, and appoint his or their successor or successors, who shall continue
in office till the end of the next session of the General Assembly, unless the General
<Page 6>
Assembly shall be in session at such time: and in such case the removal shall not be made
and appointment take place unless the Senate advise and consent thereto.
Sec. 5. In the event that the Governor removes any such officer from office, he shall
lay before the Senate at the next session thereof, his reasons therefor.
Sec. 6. If any of the canal commissioners appointed under the provisions of this act,
or any Clerk, Engineer, officer[,] or agent, appointed by the said commissioners or either of them shall use, lend,
or in any manner convert any of the Public money or Property to his or their own use,
or to the use of another, contrary to law, the person or persons so offending shall
be deemed guilty of felony, and on conviction shall be confined in the Penitentiary for a term not less than one year, nor more than ten years, and fined in any sum
at the discretion of the Court, not exceeding in amount double the value of the money
or property so unlawfully used, loaned[,] or converted, and shall moreover be adjudged incompetent to hold any office of honor
or profit.
Sec. 7. Whenever the Attorney General shall be advised by the Governor or Auditor, of
the violation of any of the aforegoing sections of this act, or that the public money
or property in the hands or possession of any such canal commissioner, Engineer, Officer,
Clerk[,] or Agent, is in danger of being lost, it shall be his duty to use the most energetic
means authorised by law, to secure the State against loss, and to have the offender or offenders brought to trial and punishment.
1On February 24, 1841, the Senate struck out this title and replaced it with “A Bill Defining the Duties of the Commissioners
of the Illinois and Michigan Canal.”
Illinois Senate Journal. 1840. 12th G. A., 389.
2John Pearson introduced SB 210, originally titled "A Bill Prescribing the Oath of Canal Commissioners
and for Other Purposes," in the Senate on February 17, 1841. The Senate referred the bill to the Committee on Canals and
Canal Lands. The Committee on Canals and Canal Lands reported back the bill on February
22 with amendments, in which the Senate concurred. On February 24, the Senate passed
the bill as amended, amending the title so as to read “A Bill Defining the Duties
of the Commissioners of the Illinois and Michigan Canal.” On February 27, the House of Representatives amended the bill by adding a section making the treasurer a component part of the
said Board of Canal Commissioners and by striking out the fourth and fifth sections.
The House passed the bill as amended. The Senate refused to concur with the House
amendments. The House receded from its amendment placing the treasurer on the board,
but refused to recede from its amendment striking out the fourth and fifth sections.
The House ordered creation of a committee of conference on the disagreeing vote of
the two houses, appointing three representatives to said committee. The Senate did
not appoint senators to said committee of conference.
Illinois House Journal. 1840. 12th G. A., 492, 551, 555, 560; Illinois Senate Journal. 1840. 12th G. A., 332, 368, 389-90, 434, 443, 446.
Handwritten Document, 6 page(s), Folder 392, SB 210, GA Session: 12-2,
Illinois State Archives (Springfield, IL) ,