1 A Bill for an act to authorize the State to Lease the mills at New-Haven and Carmi on the Little Wabash river.
1Be it enacted by the people of the State of Illinois represented in the General Assembly. That the Fund Commissioner, be and he is hereby authorized and required within
three months from the passage of this act, to rent or lease, at public auction, to
the highest bidder, for a term not less than one nor more than three years, the “Mills”
belonging to the state2, located at New-Haven and Carmi on the Little Wabash River, together with all the lands[,] privileges[,] and appurtenances thereunto belonging. Provided notice of the times and places of
such lettings shall be first given in the paper published by the State Printer at
Springfield, and in any other papers not exceeding three, in number, published nearest, the places
of lettings, for four weeks successively next previous to the days of letting.
Sec.[Section] 2. The Lessee or Lessees of the mills and other property named as above shall
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. . .3 as to permit the safe and speedy passage of all boats adapted to the navigation
of the said river, by the construction of a ^a^ suitable down stream slope to each dam, not less than “eighteen inches” deep, thirty
feet wide, and one hundred and fifty feet long, or longer if the same be necessary
for the purposes herein specified. 3Sec. 5. It shall be the duty of the lessee or lessees of said mills, to run them on as
equitable terms, and under the same regulations and restrictions, that are applicable
to other mills of similar construction under the laws of this state.
Sec. 6. All moneys arising to the state from the rents of the mills as herein provided, shall be paid over by the officer
receiving the same to the state Treasurer within twenty days thereafter ^
and the same shall be applied under the direction of the said commissioner for the
improvement of the navigation
^
^and the same shall be applied under the direction of the said Commissioner for the
improvement of the navigation of the said river.^
Provided always that all acts and parts of acts heretofore passed [...?] in anywise contravening the provisions of this act, be and the same are hereby repealed.
and provided further that this act shall take effect from and after its passage.
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[02]/[13]/[1841]
[02]/[13]/[1841]
Ord Eng[Ordered Engrossed]
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[01]/[23]/[1841]
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From the com. on Canals & Canal Fund.
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[01]/[25]/[1841]
[01]/[25]/[1841]
Green
Harvey
Webb
Hawkins
McClernand
Harvey
Webb
Hawkins
McClernand
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1John A. McClernand of the Committee on Canals and Canal Lands, of which Abraham Lincoln was a member, introduced HB 132 in the House of Representatives on January 23, 1841. On January 25, representatives entertained an amendment calling
for the destruction of the mill-dams. The House referred the bill and proposed amendment
to a select committee. The select committee reported back the bill on February 13,
recommending rejection of the amendment and the passage of the original bill. The
House rejected amendments similar to those offered on January 25 by a vote of 37 yeas
to 41 nays, with Lincoln voting nay. The House ordered the bill to a third reading
by a vote of 51 yeas to 28 nays, with Lincoln voting yea. On February 19, the House
tabled the bill. On February 20, the House took up the bill, referring it to the
Committee on Internal Improvements. The Committee on Internal Improvements reported
back the bill on February 24, and the House informally laid it aside.
Illinois House Journal. 1840. 12th G. A., 269-70, 277-78, 393, 395-96, 417, 444, 455, 494.
2The State of Illinois purchased these mills sites for $40,000 for the purpose of constructing locks to
improve the navigation of the Little Wabash River.
Illinois State Register (Springfield, IL), 5 February 1841, 2:2.
3Representatives in the House of Representatives in favor of the bill hoped this section would address complaints from Wayne, Clay, and other counties that the mill-dams inhibited navigation of the Little Wabash River, effectively obstructing the movement of commodities to market. Daniel Turney, author of several amendments to the bill, viewed the mill-dams as a public nuisance,
and fought to have them removed.
Illinois State Register (Springfield, IL), 5 February 1841, 2:2, 26 February 1841, 2:1-2.
Handwritten Document, 6 page(s), Folder 88, HB 132, GA Session 12-2,
Illinois State Archives (Springfield, IL) ,